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HomeMy WebLinkAboutC.C. 13 DISPOS SITE 2 02-18-92CONSENT CALENDAR NO. 13 2-18-92 lite, r-Gom FEBRUARY 12, 1992 WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION ASSESSMENT DISTRICT NO. 86-2 - JAMBOREE DISPOSAL SITE NO. 2 RECOMMENDATION That the City Council approve the following pertaining to the remedial grading operations for Jamboree Road Disposal Site No. 2: 1. Selection of Hunsaker and Associates, Inc. to prepare final plans, specifications and cost estimate. 2. Professional Services Agreement and authorize Mayor to execute said agreement. 3. Authorize staff to finalize bid documents, subject to the City Attorney's final approval. BACKGROUND In July, 1988 the City of Tustin formalized Assessment District No. 86-2 (AD 86-2) which provided funding for the public infrastructure improvements within a portion of the Tustin Ranch Development. One of the AD -86-2 projects is the construction of Jamboree Road between Irvine Boulevard and Santiago Canyon Road in the City of Orange. The Jamboree Road project included a cut and fill grading operation that resulted in an excess amount of earth which was placed in two disposal site areas within the vicinity of the project. These disposal sites are identified as Jamboree Road Disposal Site No. 1 and No. 2. The disposal site in question and the topic of this memorandum is identified as Disposal Site No. 2. Disposal Site No. 2 is located within Tract No. 13627 and lies within portions of Lots 1, 10, 11, 16, 17, and 18 of that Tract. Additionally, a portion of Pioneer Road is also located over Disposal Site No. 2. During the Jamboree Road construction, excess material from the roadway grading operation was placed within the limits of Disposal Site No. 2. As a part of this operation, the City contracted the geotechnical services of the firm Geo -Soils, Inc. to serve as the City's Geo -Technical Inspectors/Soils Engineers for the grading operation within the disposal site area. These geo-technical services included, but were not limited to, the following: 1. Direct the contractor as to the limits of removal of unsuitable material prior to the placement of any fill material within the disposal site area. 2. Evaluate and direct the contractor as to the required limits of alluvial material removal within the disposal site. 3. Inspect the placement of excess fill material within the disposal site and perform compaction testing on all replaced alluvial material from the site and all excess fill material generated from the Jamboree Road Project. The grading operation within the Disposal Site No. 2 has been completed and a public roadway, Pioneer Road with all of the infrastructure utilities, has been constructed within the disposal site area. The Irvine Company has completed the rough grading operations on Lots 1, 10, 16, 17 and 18 of Tract 13627. As a part of the Irvine Company's final plan preparation for final grading on Lot 10, their geo-technical consultant, John Sayers and Associates, re -investigated portions of the Disposal Site No. 2 and determined that certain areas still contained unsuitable material identified as alluvial deposits, which have the potential for consolidation/collapse when subjected to excessive moisture. This type of condition is unacceptable with the ultimate use of the land being identified as future residential development. The AD -.86 -2 - (City) employed an independent (third party) geo-technical consultant, Converse Consultants. West, to drill numerous exploratory holes within the areas of concern to either confirm or not confirm the Sayers and Associates findings. Converse Consultants West confirmed the existence of unsuitable alluvial material within the disposal site area and recommends that a remedial action of removal and recompaction be completed prior to the construction of any residential units over the areas of concern. The engineering staff is in concurrence with these findings and is compiling a preliminary plan to determine the limits of the remedial grading and costs for same. DISCUSSION It is staff's contention that the remedial action within the Disposal Site No. 2 is the responsibility of AD -86-2 to initiate and complete with the final cost responsibility being shared by both the initial geo-technical consultant and AD -86-2. The City Attorney's office is concurrently reviewing this matter. The next step after completion of the preliminary plan for the remedial grading operation within Jamboree Road Disposal Site No.2 is to proceed with the final engineering drawings and specifications for the remedial work. Staff has solicited a proposal for the required consultant services for the preparation of plans, specifications and estimate from Hunsaker and Associates, Inc. Their proposal for said services is $74,000 and is inclusive of all required survey and construction management services. The attached Professional Services Agreement is the City's standard format agreement which has been prepared by the City Attorney's office. Staff requests that the City Council approve the selection of Hunsaker and Associates, Inc. to provide the required consulting services, approve the attached Professional Services Agreement and authorize the Mayor to execute said agreement. Sufficient funds remain in the AD -86-2 Jamboree Road project account and project incidentals account to cover the cost of both the design and construction. Z4, Robert S. Ledendecker Director of Public Works/City Engineer RSL:ktb:AD86-2 PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City") and Hunsaker and Associates Irvine, Inc., Three Hughes, Irvine, CA. 92718 (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City desires to employ Consultant to furnish the necessary services for providing consulting engineering services for preparation of plans, specifications, cost estimate, construction management and surveys for the remedial grading operations pertaining to the Jamboree Road Disposal Site No. 2, hereinafter referred to as "Project"; and WHEREAS, Consultant is qualified to provide the necessary services in connection with said Project and has agreed to provide the necessary services; and WHEREAS, Consultant has submitted to City a proposal dated January 29, 1992, which outlines the scope of work for said engineering services, attached hereto, marked as indicated and incorporated herein as though set forth in full, hereat: Proposal Exhibit "A". NOW, THEREFORE, City agrees to employ and does hereby employ Consultant to provide the professional services for the Project, and City and Consultant, for the consideration hereinafter set forth, agree as follows: Section 1: Scope of Consultantfs Services. Consultant agrees to furnish to City consulting services for the Project. These services shall include all of the services outlined in Consultants proposal dated January 29, 1992, a copy of which is attached hereto marked Exhibit "A. - 1 - Section 2: Time for Completion. It is hereby understood and mutually agreed that the time for completion of the work to be performed by Consultant is an essential condition of this agreement. Consultant agrees that it shall prosecute regularly and diligently the work of this agreement accordingly to reasonable schedules established by City for the 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. Any delays shall not entitle Consultant to any additional compensation, regardless of the party responsible for the delay. Section 3: Compensation. The compensation to be paid under this agreement shall be as set forth in the Consultant's proposal with a total -cost estimated at $ 74,000.00 Progress payments for work completed will be paid as the work progresses, within thirty (30) days of the date of Consultant's invoice. Section 4: Statement of Costs. Pursuant to the provisions of California Government Code Section 7550, the total amount expended by City relating to the preparation of the report and documents prescribed herein shall be set forth within the final edition thereof, in a separate section, in a statement substantially as follows: "Pursuant to California Government Code Section 7550, the City of Tustin expended the total amount of $ for the preparation of this report and/or documents." - 2 - Section 5: Job Site Conditions. The City agrees that in accordance with generally accepted construction practices, the construction contractor will be required to assume sole and.complete responsibility for job site conditions during the course of construction of this project, including safety of all persons and property and that this requirement shall be made to apply continuously and not be limited to normal working hours. Section.6: Miscellaneous Provisions. A. City and Consultant further agree -to the following conditions: (1) City, by notifying Consultant in writing, shall have the right to terminate any or all of the services covered by this agreement at any time. In the event of such termination, Consultant shall be paid for services rendered to the effective date of the termination. (2) Consultant agrees that it shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. (3) The terms and provisions of 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 thereto. (4) Consultant shall perform the services hereunder as an independent contractor and under no circumstances or conditions shall Consultant or any of its agents, servants and employees, be considered as an employee or agent of the City. (5) 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. Consultant agrees to indemnify, defend and hold City, its agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by other persons and from all costs, expenses and charges, including attorney's fees, arising from Consultant's negligent performance of this agreement. Consultant shall maintain in full force and effect during the term of this agreement policies of comprehensive general liability, personal injury and liability insurance with limits of at least $1,000,000 combined single limit coverage per -occurrence, and professional liability insurance coverage with limits of at least $500,000 combined single limit coverage per occurrence for which certificates of insurance have heretofore been delivered to City. (6) 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, to relieve City from all responsibility under said laws in connection with the performance of this agreement, and upon execution of this agreement, to file with City a certificate certifying to said protection. (7) 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: - 4 - a. Employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (8) Consultant shall provide City monthly with a detailed itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. - 5 - IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. ATTEST: City Clerk APPROVED AS TO FORM: City Attorney CITY OF TUSTIN, a Municipal Corporation BY Mayor HUNSAKER ASSOCIATES, IRVINE, INC. BY (Signature) (Name Printed/Title) C l'1• x U r, IX U 5 ,1' l ly CERTIFICATE OF INSURANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED NO MODIFICAT To: CITY OF TUSTIN 1300 Centennial Way �stin, CA 92680 3 OR ADDITIONS MAY BE MADi i THIS FORM. PROJECT: Jamboree Road Disposal Site No. 2 It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to the terms of all Workers Compensation Insurance. The issuing company will give thirty (30) days written notice to the City of Tustin prior to modification or cancellation. DA' -,SUED: Authorized Representative of the above-named insurance company(ies) JGR:kbg:R:7/30/90(a\12) COMPANIES AFFORDING COVERAGE NAME AND ADDRESS OF INSURED CONTRACTOR: Company Letter A Company Letter B Company Letter C NAME AND ADDRESS OF INSURANCE AGENCY: Company Letter D Company Letter r This is to certify that the policies of insurance listed below have been issued to the insured named above, are in force at this time that the City of Tustin is a named additional insured thereon as respects claims arising in connection with the hereinabove named Project and that such insurance shall be primary with respect to any other insurance in force procured by the City of Tustin. Co Type of Policy Policy Effective Policy Expiration All Limits In Thousands Lir Insurance Number Date Date GENERAL LIABILITY General A22regate I S ( I Commercial Gen Liability Prods-Comp/Ops A99.1 S [ I Claims Made [ I OCC. Pers. & Advg Injury S [ I Owner's L Contractors 'Protective Each Occurrence S Fire Damage 5 ( 7 (Any One Fire) Medical Expense S (Any One Person) TOMOBILE LIABILITY CSL S [) Any Auto Bodily Injury S [ 7 All Owned Autos (Per Person) Bodily Injury S [ I Scheduled Autos [ I Hired Autos Per Occurrence Property S [ I Non -owned Autos [ I Garage Li abi,l i ty [I i EXCESS LIABILITY EACH OCCURRENCE AGGREGATE ( I Umbrella Form S S [ I Other Than Umbrella Form WORKERS COMPENSATION AND Statutory EMPLOYER'S LIABILITY S Each Accident S Disease -Policy Limit S Disease -Each Employee THER Description of Operations/Locations/Vehicles/Special Items It is certified that a waiver of subrogation is hereby issued to the City of Tustin as pertains to the terms of all Workers Compensation Insurance. The issuing company will give thirty (30) days written notice to the City of Tustin prior to modification or cancellation. DA' -,SUED: Authorized Representative of the above-named insurance company(ies) JGR:kbg:R:7/30/90(a\12)