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HomeMy WebLinkAbout07 CIP MGMNT 10-05-98NO. 7 10-5-98 DATE: OCTOBER 5, 1998 Inter-Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION CONSULTANT SERVICES AGREEMENT FOR CAPITAL PROGRAM PROJECT MANAGEMENT IMPROVEMENT SUMMARY The proposed Agreement between the City of Tustin and HOlmes & NarVer will provide project management services t° oversee the comPletion of the environmental, aCquiSition, and design phaseS of the following majOr transportatiOn capital ImproVement Program projects: TuStin Ranch Road Extension, SR-55 Ramp Reco~guration at Edinger Avenue/Newport Avenue Extension, Irvine Boulevard/Newport Avenue Intersection Enhancement, NewpOrt Avenue Extension n/° Edinger Avenue, Edinger Avenue Widening, and E1 camin° Real Widening. RECOMMENDATION It is recommended that the City Council authorize the Mayor and City Clerk to execute a Consultant Services Agreement with the firm of Holmes & Narver to provide Capital Improvement Program Project Management services on various projects. FISCAL IMPACT Holmes and Narver will be compensated at an hourly rate of $75.00 per hour. The contract expense will be charged against the Engineering budget appropriated for each project in the Fiscal Year 1998/99 Capital Improvement Program. Additionally, since the projects are multi-year in duration, contract expenses will be programmed in future fiscal year Capital Improvement Program budgets. It is anticipated that project management costs will vary depending upon the complexity of the project involved with initial costs estimated to be in the $7,500 to $10,000 range Per project or a combined not-to-exceed total of $60,000 for the current fiscal year. Such costs can be accommodated within the apprOved project budgets. Project Management services are proposed at this time for Tustin Ranch Road ExtensiOn (Proj. No. 700100), SR-55 Ramp Reconfiguration at Edinger Avenue/Newport Avenue Extension (Proj. No. 700131), Irvine Boulevard/Newport Avenue Intersection Enhancement (Proj. No. 700118), Newport Avenue Extension n/o Edinger Avenue (Proj. No. 700131), Edinger Avenue Widening (Proj. Nos. 700132 and 700147), and E1 Camino Real Widening (Proj. No. 700116)., BACKGROUND The City's Capital Improvement Program continues to be an extremely challenging task for staff to expeditiously move towards completion. In place of hiring additional personnel for project specific assignments, staff is proposing to retain the firm of Holmes & Narver to provide additional manpower and expertise for the managing of specific Capital Improvement Projects with the goal of meeting the schedules proposed in the City's overall Capital Improvement program. Consultant Services Agreement For Capital Improvement Program Project Management October 5, 1998 Page 2 The Consulting Project Manager's mission will be to complete the design and contract documents necessary to award construction contracts for the individual projects assigned. The individual will be responsible for keeping each project on schedule and within budget. The manager will coordinate the work of the current consultants on all phases of the projects (i.e., Environmental, Preliminary and Final Design, Appraisal, Acquisition, Plan Check, and Bid Process, etc.) under the oversight of the Engineering Services Manager. Selection of the firm of Holmes & Narver to provide the City with Capital Improvement Program Project Management Services was arrived at through a rather lengthy process. It initially involved working with Employment Systems, Inc. (ESI) last spring to advertise the position in local newspapers. ESI is a subsidiary of Berryman-Hennigar, Inc. established in 1992 to provide public agencies with privatized staffing services. The Engineering Division interviewed seven (7) candidates from that effort, and an individual was selected for the position, however, the candidate accepted a position elsewhere. Various consulting firms with experience in managing municipal engineering capital projects were then contacted and requested to provide proposals to offer the services needed. In response to this request, only two (2) out of the five (5) contacted actually submitted a proposal to perform the Project Management Services. Holmes & Narver were one and Willdan Associates was the second. Since both firms have fine reputations, qualified staff, and have performed similar types of assignments for other agencies in very acceptable manners, the decision as to which firm to select for this present effort was difficult. Ultimately, Holmes & Narver was selected as a result of their principal-in-charge having specific knowledge of the City of Tustin due to serving as the Project Manager on the Base Re-use Plan for a different consulting firm for nearly three (3) years. In addition, the proposed project manager for this assignment has just finished working with the Orange County Transportation Authority (OCTA) in a similar capacity for three (3) years. Since many of the projects to be managed involve OCTA in one form or another, the ~nd~wduals direct experience with that agency was seen as a definite asset. A review as to the effectiveness/successofthe Consulting Project Manager will be conducted as part of next year's budget preparation process and on an on-going basis. It is recommended that the City Council approve the Consulting Services Agreement with Holmes & Narver for the Capital Improvement Program Project Management Services. Tim. D. Serlet Director of Public Works/Ci.ty Engineer TDS:DRK/COUNCIL:Engrg Capital Imprv Prog Proj Mgt Attachment Dana'~a~.. Kasdan . Engineering Services Manager 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 Holmes & Narver a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a Consultant to furnish the necessary engineering services for providing .Capital Improvement Program Project Management. hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated july 31, 1998, a copy of which is attached hereto, marked as Exhibit "A', and is by this reference incorporated into this Agreement; and WHEREAS, 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 Consultant's Proposal dated July 31, 1998, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement. Consultant shall also perform at the direction of the City any and all other consulting services that in the opinion of the City, the Consultant is qualified to perform and is in the interest of the City for the Consultant to perform'. 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. Consultant's Proposal (Exhibit "A;') 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". g. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. Co 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. Do 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' compensation 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. 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, Consul~ant 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. C. Do' Consultant shall carry and pay for such compensation insurance as is necessary to fully protect Consultant and its employees Under Califomia 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. All insurance required pursuant to this Section shall be issued by a company admitted in the State of Califomia and rated A, VII or better by the latest edition of Best's Key Rating Guide. E. 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 ' worker'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. - A. 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. a. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. Ce Upon termination of this Agreement or completion of th6 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, 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 upo.n 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 300 Centennial-Way Tustin, CA 92780 To Consultant: Holmes & Narver Atto: Victor J. Martinez, P.E. 999 Town & Country Road Orange, CA 92868-4786 Section 10: Miscellaneous Provisions. me Consultant shall proceed immediately and diligently to perform the services proVided for in this Agreement upon receipt of notice from City to proceed therewith. Be No part of this Agreement may be assigned by Consultant wi'thout the prior written approval of City. C. 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~ D. 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. Eo 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. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Thomas R. Saltarelli, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Loi~ E. Jeffre3ffC~ffAttoChey "CONSULTANT" HOLMES & NARVER By Signature Brace R. Toro, P.E./Senior Vice President (Print Name / Title) DUE TO ITS SIZE EXHIBIT "A" HAS NOT BEEN ATTACHED. IT IS AVAILABLE FOR REVIEW IN THE CITY CLERK'S OFFICE.