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HomeMy WebLinkAbout07 CIP NO. 700118 05-18-98AGENDA -,t DATE: MAY 18, 1998 NO. 7 5-18-98 Inter-Com TO: FROM' SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR RIGHT-OF- WAY ACQUISITION CONSULTING SERVICES FOR THE IRVINE BOULEVARD AND NEWPORT AVENUE INTERSECTION ENHANCEMENT PROJECT (C.I.P. NO. 700118) SIYMIVIARY Approval of Professional Services Agreement between the City of Tustin and Cutler & Associates, Inc. will enable the City to coordinate and proceed with the right-of-way acquisition phase of the Irvine Boulevard and Newport Avenue Intersection Enhancement Project RECOMMENDATION It is recommended that the City Council, at their meeting of May 18, 1998, authorize the Mayor and City Clerk to execute a Professional Services Agreement subject to approval by the City Attorney with the finn of Cutler & Associates, Inc. to prepare and process all necessary documentation to initiate and complete right-of-way negotiations and acquisition through approval by the City of Tustin for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project in the amount of $32,750.00. FISCAL IMPACT Sufficient funds have been appropriated in the 1997-98 Fiscal Year Capital Improvement Program for certain phases of the project. Preliminary design and environmental documentation will be accomplished this fiscal year with Proposition 111 Tax Funds. Right-of-way acquisition will be initiated this fiscal year with Measure M Competitive Funds and continue next fiscal year with Measure M Competitive Funds. BACKGROUND The City Council previously approved a Professional Services Agreement with ASL Consulting Engineering for Preliminary Engineering, Environmental Documentation and Final Design of the Irvine Boulevard and Newport Avenue Intersection Enhancement Project. ASL Consulting Engineers are now completing the Preliminary Engineering Project Report and environmental document which will be made available for public comments in the near furore. The environmental document will then be agendized for City Council approval. For the next phase of this project an independent fight-of-way agent for the City shall initiate contact with property owners and business tenants and negotiate for the purchase of the required property rights, based on approved appraisal reports to be prepared by ASL sub-consultant after the certification of the project environmental document. DISCUSSION The City Council is hereby requested to approve the Professional Services Agreement between the City of Tustin and Cutler & Associates, Inc. for right-of-way acquisition consulting services for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project. Cutler & Associates, Inc. has provided satisfactory services to the City on previous projects. The negotiated fee for the Professional Services Agreement'is felt to be fair and reasonable for the project. Approval of the Professional Services Agreement for this project will allow staff to initiate and comPlete negotiations and acquisition of street right-of-way needed to widen, improve and enhance the intersection oflrvine Boulevard and Newport Avenue. Seventeen parcels will be affected by the widening project. Tim D. Serlet Director of Publlc Works/City Engineer Nestor Mondok AssiStant Civil Engineer TDS:NM:klb/COUNCIL:PSA Cutler & Assoc. Wisam Altowaiji Associate Civil Engineer · Attachments CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and Cutler & Associates, Inc., a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary right-of- way acquisition consulting services for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project, hereinafter referred .to as "Project"; and WHEREAS, Consultant has submitted to City a Real Estate Acquisition' Services proposal dated January_ 23, 1998, a copy of which is attached hereto, marked as Exhibit "A" and a Modification of the Proposal and Clarification of Fees dated April 1, 1998, a copy of which is 'attached hereto marked as Exhibit "B" 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 hereinafter set forth, the parties agree as follows: conditions 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 Real Estate Acquisition Services Proposal dated January_ 23, 1998, a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement. Consultant shall als0 perform all the services set forth in the Modification of Proposal and Clarification of Fees dated April 1, 1998, a copy of which is attached.hereto marked as Exhibit "B" and is by this reference incorporated into this Agreement. 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 Modification of the Proposal and Clarification of Fees (Exhibit "B"). 3. Consultant's Real Estate Acquisition Services Proposal (Exhibit "A") -2- 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. Ae The compensation to be paid under this Agreement shall be as set forth in Exhibit "A", not to exceed a to.tal cost of $32,750.00. Be 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. 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' 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. -3- Section 7: Insurance. Ao 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 $500,000 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. 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. me 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 thi's 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, 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. -4- 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 300 Centennial Way Tustin, CA 92780 To Consultant: Cutler & Associates, Inc. John M. Cutler 610 Pacific Coast Highway, Suite 100 Seal Beach, CA 90740-6604 Section 10: Miscellaneous Provisions. A. Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. g. No part of this Agreement may be assigned by Consultant. without 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. 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. -5- 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. Jeffrey, City Attorney "CONSULTANT" Cutler & Associates, Inc. BY Signature John M. Cutler/CEO, Principal Consultant (Print Name / Title) -6- TO BE REPRODUCED (PRINTED) ON CONSULTANT'S LETTERHEAD Date City of Tustin 300 Centennial Way Tustin, CA 92780 Atto: Dana R. Kasdan, Engineering Services Manager Subject: Irvine Boulevard and Newport Avenue Intersection Enhancement Project (C.I.P. No. 700118) Dear Mr. Kasdan: Cutlei' & Associates, Inc. has executed the Consultant Services Agreement for the above referenced project. In lieu of providing occurrence based professional liability insurance coverage as required by the Agreement, Cutler & Associates, Inc. warrants and represents that it shall maintain insurance coverage with the insurance company listed on the attachment, in the amounts indicated for at least five (5) years after the completion of the consulting services under the Agreement. Cutler & Associates, Inc. will provide the City w!th certificates of insurance coverage within the period established above in order to evidence compliance with this Agreement. Sincerely, Cutler & Associates, Inc. ACCEPTED AND AGREED TO: John M. Cutler CEO, Principal Consultant Tim D. Serlet Director of Public Works/City Engineer APPROVED AS TO FORM: Lois E.. Jeffrey City Attorney