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HomeMy WebLinkAbout14 CIP 700130-31 07-07-98NO. 14 7-7-98 DATE: Inter-Com JULY 7, 1998 TO' FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION CONSULTANT SERVICES AGREEMENT FOR FINAL DESIGN OF THE NEWPORT AVENUE EXTENSION AND NORTHBOUND SR-55 RAMP REALIGNMENT PROJECT (C.I.P. NO. 700130/700131 RDA) SUMMARY The proposed Consultant Services .Agreement between the City of Tustin and Dokken Engineering will initiate the development of plans, specifications and estimate (PS&E) phase of the Newport Avenue Extension and Northbound SR-55 Ramp Realignment Project. Dokken Engineering will prepare and process the PS&E for approval by the City and Caltrans. This is a critical link in the accomplishment of the South Central Area infrastructure improvements in conjunction with the Pacific Center East Specific Plan Area. RECOMMENDATION It is recommended that the City Council authorize the Mayor and City Clerk to execute a Consultant Services Agreement with the firm of Dokken Engineering subject to the City Attorney's approval to prepare and process the plans, specifications and estimate for approval by the City and Caltrans for the Newport Avenue Extension and Northbound SR- 55 Ramp Realignment Project in the amount of $1,603,250.00. FISCAL IMPACT Funds to accomplish this work will be provided from available resources in the Redevelopment Agency Capital Improvement Program for the South Central Project Area. The cost of this agreement will be $1,013,105 for the Newport Avenue Extension segment (C.I.P. No. 700131) and $590,145 for the Northbound SR-55 Ramp Realignment segrnent(C.I.P. No. 700130). BACKGROUND At the June 7, 1993 meetings of the City Council and the Tustin Community Redevelopment Agency, a Public Works Agreement was entered into between the City and the Agency for accomplishment of the Newport Avenue Extension Project improvements in the South Central Project Area. The agreement provided for the City to undertake the public improvements described in the document on behalf of the Agency and that the Agency would pay the City for the cost of these improvements from future tax increments to the South Central Project Area. The finn of Dokken Engineering was originally under contract to the developer of the Pacific Center East Specific Plan Area, Catellus Development Corporation, to perform preliminary engineering services related to the above noted work. In 1994, due to the economic downmm, Catellus was unable to financially proceed with the consulting engineering services necessary to complete, process and obtain approval of the Project Study Report (PSR) phase of the project. Accordingly, through a separate agreement between the Agency and Catellus approved on January 3, 1994, it was determined to be mutually beneficial to obtain PSR approval fi.om Caltrans for the project by having the Agency/City Council retain and fully administer the services of Dokken Engineering to complete the work they had been perforating for Catellus. On April 4, 1994, the Agency/City Council approved a Professional Services Agreement with Dokken Engineering to accomplish the PSR phase of this project. The Project Study Report was approved by Caltrans-on October 2, 1995. On May 20, 1996, the City Council approved a Professional Services Agreement with Dokken Engineering to accomplish the Project Report (PR) phase of the project which was the second major step in Caltrans' process. The Project Report was approved by Caltrans on May 19, 1998. DISCUSSION The next step in the accomplishment of this project is the development.of the final plans, specifications and estimates (PS&E). The subject Consultant Services Agreement with Dokken Engineering will provide a critical link in the accomplishment of the South Central Project Area infi.astmcmre improvements, which will include approval by Caltrans of the Northbound SR-55 Ramp Realignment south of Edinger Avenue. The SR-55 Northbound Ramp Realignment segment consists of relocation/demolition of the existing northbound ramps at Edinger Avenue and construction of new fi.eeway ramps that will connect .with the proposed southerly extension of Newport Avenue between Edinger Avenue and Valencia Avenue. Additionally, it will include the realignment of Del Amo Avenue between Edinger Avenue and the new fi'eeway ramps. The Newport Avenue Extension segment consists of construction/realignment of Newport Avenue from south of Sycamore Avenue to Edinger Avenue. For continuity purposes, it is felt to be beneficial to retain Dokken Engineering to perform the PS&E Phase due to their expertise and excellent performance during the PSR and PR phases. With Council approval of the Consultant Services Agreement, the PS&E phase can now be initiated. The negotiated fee for the Consultant Services Agreement is felt to be fair and reasonable for the amount and complexity of work associated with this project. Director of Public Works/City Engineer Nestor Mondok Assistant Civil Engineer Wisam Altowaiji Associate Civil Engineer TDS:NM:klb/CITY COUNCIL:CSA Newport Ave. Extension Attachments 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.DOKKEN ENGINEERING 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 Newport Avenue Extension and Northbound SR-55 Freeway Ramp Realigranent Project, hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated June 22, 1998, a copy of which is attached hereto, marked'as Exhibit "A" and is by tiffs 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 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. 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 -1- negligence of Consultant. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. Section 4: Compensation. Ao The compensation to be paid under this Agreement shall be as set forth in Exhibit "A", not to exceed a total cost of $'1,603,250.00. Bo 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 tl~.'rty (30) days of the date of Consultant's invoice.. 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. B, 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 -2- (1) to purchase tail insurance in the mount, 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 carder 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, 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. D. 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 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 fight to terminate any or all of the services covered by this Agreement at any time for any reason by giving written notice to Consultant. Be Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. Upon termination ofthis Agreement or completion of the Project, all documents i'elating 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 upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: -3- ¸ To City: To Consultant: City of Tustin Atm.: Director of Public Works/City Engineer 300 Centennial Way Tustin, CA 92780 Dokken Engineering Atm.: Richard A. Dokken 1131 East Main Street, Suite 207 Tustin, CA 92780 Section 10: Miscellaneous Provisions. Ae Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice fi-om City to proceed .therewith. Bo 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. De 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. -4- 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: Lois E.'Jeffi'ey, City Attorney "CONSULTANT" DOKKEN ENGINEERING By Richard A. Dokken, President -5- Consultant proposal is not attached due to is voluminous nature. A copy is available for review/inspection in the Public Works Department/Engineering Division and the City Clerk's office.