HomeMy WebLinkAbout07 IRVINE REHAB 12-06-99NO. 7
12-06-99
DATE:
DECEMBER 6, 1999
Inter-Com
TO'
FROM'
SUBJECT:
WILLIAM A. HUSTON, CITY MANAGER
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
CONSULTANT SERVICES AGREEMENT FOR THE DESIGN OF IRVINE
BOULEVARD REHABILITATION BETWEEN THE SR-55 FREEWAY AND.
PROSPECT AVENUE (CIP NO. 7160) AND PROSPECT AVENUE
RECONSTRUCTION BETWEEN FIRST STREET AND IRVINE BOULEVARD
(CIP NO. 7161)
SUMMARY
The Consultant Services Agreement with Harris & Associates for Consulting Engineering
Services will provide for preparation of improvement plans, specifications, environmental
documentation and engineering construction estimates for the final design for Irvine Boulevard
Rehabilitation between the SR-55 Freeway and Prospect Avenue (CIP No. 7160), and Prospect
Avenue Reconstruction between First Street and Irvine Boulevard (CIP 7161).
RECOMMENDATION
It is recommended that the City Council approve the Consultant Services Agreement with Harris
& Associates to provide design related services for Irvine Boulevard Rehabilitation (CIP No.
7160) and Prospect Avenue Reconstruction (CIP No. 7161) for a not-to-exceed fee of $77,540.00
and authorize execution of the Consultant Services Agreement by the Mayor and City Clerk,
subject to approval by the City Attorney.
FISCAL IMPACT
The Capital Improvement Program budget for FY 1999-2000 has allocated sufficient funds for the
final design of each of these projects. The City was successful in securing grant funding for the
construction phase of these projects from the Orange County Transportation Authority (OCTA)
Combined Transportation Funding Program (CTFP) through the Arterial Highway Rehabilitation
Program (AHRP). The AHRP provides up to 50% reimbursement for eligible construction items
through the Federal Local Surface Transportation Program (LSTP), which is administered by
Caltrans.
BACKGROUND
The Irvine Boulevard Rehabilitation Project will provide for crack sealing, cold plane, removal and
replacement of damaged asphalt concrete pavement, construction .of asphalt concrete wearing
course over pavement reinforcing fabric, repair of existing curb and gutter, and replacement of
traffic loops and signing and striping. The Prospect Avenue Reconstruction Project will provide
for the total reconstruction of the asphalt concrete pavement, replacement of damaged curb and
gutter, and replacement of traffic loops and signing and striping.
Consultant Services Agreement for the Design of Irvine Boulevard Rehabilitation between the
SR-55 Freeway and Prospect Avenue (CIP No. 7160) and Prospect Avenue Reconstruction
between First Street and Irvine Boulevard (CIP No. 7161)
December 6, 1999
Page 2
DISCUSSION
On October 20, 1999, a Request for Proposal was sent to a total of five (5) Consulting
Engineering firms: Harris & Associates, DMJM, Hall & Foreman, Inc., AEI-CASC and RBF. All
five firms responded by submitting proposals. The proposals contained the required work scope
which included topographic survey, preparation and processing of environmental documentation,
and preparation of final plans, specifications and construction estimates.
All proposals were received and reviewed in accordance with the City's accepted process and
procedures. The firm of Harris & Associates was selected based upon the qualifications and.
experience of their project personnel and demonstrated competence with similar projects. A fair
and reasonable fee has been negotiated. It is recommended that the City Council execute a
Consultant Services Agreement with Harris & Associates to provide Professional Engineering
Services for a not-to-exceed fee of $77,540.00, subject to approval by the City Attorney.
Tim D. Serlet
Director of Public Works/City Engineer
Associate Civil Engineer
TDS:JO:ccg:CSA for design of Irvine Rehab.doc
Attachments: Location Maps
Consultant Services Agreement
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CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into
this~ day of ,19 , by and between the CITY OF TUSTIN, a municipal
corporation, hereinafter referred to as "City", and a
California corporation, hereinafter referred to as "Consultant".
RECITALS
WHEREAS, City requires the services of a consultant to furnish the necessary
engineering services for.the rehabilitation of Irvine Boulevard between the SR-55
Freeway and Prospect Avenue and reconstruction of Prospect Avenue between First
Street and Irvine Boulevard (C.I.P. No's. 7160 and 7161), hereinafter referred to as
"Project"; and
WHEREAS, Consultant has submitted to City a proposal dated November 10,
1999, and a final revised proposal dated November 29, 1999, a copy of the proposal
and final revised proposal is attached hereto, marked as Exhibit "A" and is by this
reference incorporated into this Agreement;- and- ' - ' -
........ W~E-REAs, Consultant is qualified to provide the necessary services for the
Project and desires to provide said services; and
WHEREAS, City desires to retain the services of Consultant for said Project.
NOW, THEREFORE, for the consideration and upon the terms and conditions
hereinafter set forth, the parties agree as follows:
AGREEMENT
Section 1' Scope of Consultant's Services.
Consultant shall perform all work.necessary to complete in a manner satisfactory
to City, the services set forth in the City's Request for Proposal dated October 20, 1999,
a copy of which is attached hereto, marked as Exhibit "B" and is by this reference
incorporated into this Agreement. Consultant shall also perform all the services set
forth in Exhibit "A."
SectiOn 2: Order of Precedence.
In the event of a conflict between or among 'any of the documents comprising this
Agreement, the follOwing order to precedence shall govern the provision in question:'
1' This Agreement
2. City's Request for Proposal (Exhibit "B")
3. Consultant's Proposal (Exhibit"A")
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Section 3' Time for Completion.
The time for completion of the work to be performed by Consultant is an essential
condition of this Agreement. Consultant shall prosecute regularly and diligently the
work of this Agreement according to reasonable schedules established by the City for
various items described and as outlined within Consultant's proposal. Consultant shall
not be accountable for delays in the progress of its work caused by any condition
beyond its control and without the fault or negligence of Consultant. Delays shall not
entitle Consultant to any additional compensation regardless of the party responsible for
the delay.
Section 4: Compensation.
A.
The compensation to be paid under this Agreement shall be as set forth in
Exhibit "A," not to exceed a total cos~ of $77,540.00.
Bo
Consultant shall submit detailed invoices, based upon the actual work performed
accompanied by backup documentation as requested by the City.
C.
Progress payments for work completed shall be paid by City as the work
progresses, within thirty (30) days' of the date of Consultant's invoice
D,
Consultant shall provide City with a monthly itemization of all work performed,
and the fees accrued thereon, in complete and sufficient detail to fully apprise
City thereof.
Section 5: Independent Contractor.
Consultant's relationship to City in the performance of this Agreement is that of
an independent contractor. Consultant's personnel performing services under this
Agreement shall at all times be under Consultant's exclusive direction and control and
shall be employees of Consultant and not employees of City. Consultant shall pay all
wages, salaries and other amounts due its employees in connection with this
Agreement and shall be responsible for all reports and obligations respecting them,
such as social security, income tax withholding, Unemployment compensation, workers'
compensa.tion and similar matters.
Section 6: Indemnification.
Consultant agrees to indemnify, defend and hold City, its officers, agents,
employees, successors and assigns harmless from any loss, damage, injury, sickness,
death, or other claim made by any person and from all costs, expenses and charges
including attorney's fees caused by or arising out of Consultant's, its officers', agents',
subcontractors', or employees' negligent acts, negligent errors, or negligent omissions
or willful misconduct, or conduct for which the law imposes strict liability on Consultant
in the performance or failure to perform this Agreement.
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Section 7: Insurance.
A.
Consultant shall maintain in full force and effect during the term of this
Agreement policies of comprehensive general liability, personal injury and
automobile liability insurance with limits of at least $1,000,000 combined single
limit coverage per occurrence.
Bo
Consultant shall maintain in full force and effect during the term of this
Agreement a policy of professional liability insurance coverage with limits of at
least $1,000,000 combined single limit coverage per claim or per occurrence. If
Consultant provides claims made professional liability insurance, Consultant shall
also agree in writing either (1) to purchase tail insurance in the amount required
by this Agreement or to cover claims made within five (5) years of the completion
of Consultant's service under this Agreement, or. (2) to maintain professional
liability insurance coverage with the same carrier in the amount required by this
Agreement for at least five (5) years after completion of Consultant's services
under this Agreement. Consultant shall also provide evidence to the City of the
purchase of the required tail insurance or continuation of the professional liability
policy by executing the attached Letter Agreement on Consultant's letterhead.
Co
Consultant shall carry and pay for such compensation insurance as is necessary -
to fully protect Consultant and. its employees under California Worker's
Compensation Insurance and Safety Laws, and shall relieve the CitY from all
responsibility under said laws in connection with the performance of this
Agreement.
Do
Eo
All insurance required pursuant to this Section shall be issued by a company
admitted in the State of California and rated A, VII or better by the latest edition
of Best's Key Rating Guide.
Upon execution of this Agreement, Consultant shall provide to City certificates of
insurance on the City's'form evidencing the required insurance. If self-insured for
w~)rker's compensation, Consultant shall submit to City a copy of its certification
of self-insurance issued by the Department of Industrial Relations.
Section 8: Termination of Agreement.
Ao
City shall .have the right to terminate any or all of the services covered by this
Agreement at any time for any reason by giving written notice to Consultant.
B,
Upon termination of this .Agreement, Consultant shall be paid for services
rendered by the effective date of the termination.
Co
UpOn termination of this Agreement or completion of the Project, all documents'
relating to the Project shall become the sole property of City. Should City
terminate this Agreement pursuant to subparagraph A. of this Section,
Consultant shall, Within ten (10) business days of receipt of notice of termination,
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provide City with all documents within Consultant's possession relating to this
Agreement and the Project, including but not limited to all completed documents
and all drafts of uncompleted documents.
Section 9: Notices
Any notice allowed or required to be given shall be effective upon personal
delivery thereof, or upon depositing thereof in the United States Postal Service, certified
mail, return receipt requested, postage prepaid, addressed as follows:
To City:
City of Tustin
Attn.: Director of Public Works/City Engineer
300 Centennial Way
Tustin, CA 92780
To Consultant:
Mr. Jeffrey M. Cooper, P.E., Vice President
Harris & Associates
34 Executive Park, Suite 150
Irvine, CA 92614-4705
Section 10: Miscellaneous Provisions.
Ao
Consultant shall proceed immediately and diligently to perform the services
provided for in this Agreement upon receipt of notice from City to proceed
therewith.
-B.
No part of this Agreement may be assigned by Consultant without the prior
written approval of City.
Co
This Agreement shall extend to and .be binding upon and inure to the benefit of
heirs, executors, administrators, successors and assigns of the respective parties
hereto.
Do
Consultant shall perform all services required under this Agreement using that
degree of care and skill ordinarily exercised under similar conditions in similar
localities, and shall be responsible for all errors and omissions for services
performed by Consultant under the terms of this Agreement.
E.
Consultant certifies that there shall be no discrimination against any employee
who is employed in the work covered by this Agreement, or against any
application for such employment, because of race, religion, color, sex or national
origin including but not limited to, the following: employment, upgrading,
demotion or transfer, recruitment, or recruitment advertising, lay-off or
termination, rate of pay or .other forms of compensation, and selection for
training, including apprenticeship.
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IN WITNESS WHEREOF, this Agreement was executed by the parties on the
day and year first above written.
"CITY"
CITY OF TUSTIN
By
Tracy Wills Worley, Mayor
ATTEST:
Pamela StOker, City Clerk
'APPROVED AS TO FORM:
Lois E. Jeffrey, City Attorney
"CONSULTANT"
HARRIS & ASSOCIATES
34 Executive Park, Suite 150
Irvine, CA 92614-4705
By
Jeffrey M. Cooper, P.E.
Vice President
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