HomeMy WebLinkAbout12 CIP 700145/46/51/50 10-07-96DATE:
OCTOBER 7, 1996
NO. 12
10-7-96
Inter-Com
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM:
SUBJECT:
PUBLIC WORKS DEPARTMENT/ENGINEERING DMSION
PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING ENGINEERING SERVICF.~
FOR THE RECONSTRUCTION OF "A' STREET; MOUNTAIN VIEW DRIVE; "B" STREET
AND "C' STREET FROM FIRST STREET TO IRVINE BOULEVARD
(CH' NO.'S 700145, 700146, 700151~ & 700150
RECOMMENDATION
It is recommended that the City Council, at their meeting of October 7, 1996, approve the Professional Services
Agreement with Hall & Foreman, Inc., to provide Consulting Engineering Services for the subject projects for a total
not to exceed fee of $104,500.00 and authorize execution of the Professional Services Agreement by the Mayor and
City Clerk.
The Capital Improvement Program Budget for FY 1996-97 has allocated ~tieient funds for the Preliminary
Engineering and Final Design of each of the four projects.
,BACKGROUND
"A" Street, Mountain View Drive, "B" Street and "C" Street, are each located between First Street and Irvine
Boulevard. These are curbed, tree-lined residential streets with on-street parking.
Although storm water drainage problems currently exist on these rdatively fiat streets, most of the significant damage
to the street improvements has come from the existing trees which line both sides of the streets. These trees have
grown and developed greatly 'over the years. Their enlarged root system has damaged the adjacent curb and street
pavement. In some locations, where the roots have surfaced, the sidewalk and driveway aprons have also been uplifted
and cracked. Careful consideration is being given to protecting the trees, however, some may need to be removed.
The proposed reconstruction projects will include design features which will correct the street drainage problems,
while repairing the tree-damaged street and adjacent 'improvements. Implementation will provide new curb & gutter,
storm drain, driveway aprons, sidewalks and acce~ ramps. Street lighting, new asphalt pavement and landscaping will
be added.
There are current fight-of-way limitations in that the homes on these streets have minimum frontage setbacks. Design
consideration will be given to the adjacent sidewalk and driveway reconstruction so as to minimize any negative impact
to the landscaped l~om yards or private appurtenances.
Professior~al Services Agreement for Consulting Engineering Services for the Reconstruction of "A' Street;
Mountain View Drive; "B" Street and "C' Street fi.om First Street to Irvine Boulevard
(CIP No.'s '700145, 700146, 700151, & 700150
October 7, 1997
Page 2
DISCUSSION
On JUly 19, 1996, a Request for Proposal was transmitted to a total of four (4) consulting engineering firms: Norris-
Repke, Inc., CH2MI-IIIL, Hall & Foreman, Inc., and CNC Engineering Co. All four (4) firms responded by
submitting proposals. The proposals contained the required work scope which included: topographic survey, drainage
studies, preparation and processing of environmental documentation, preparation of final plans, specifications and
engineering estimates. All proposals were received and reviewed in accordance with the City's accepted process and
procedures. As a result of the evaluation process, it is recommended that the firm of Hall & Foreman, Inc., provide the
requested consulting engineering services in accordance with their proposal, dated August 19, 196, and for a not to
exceed fee of $104,500.00.
Tim D. Seflet
Director of Public Works/City Engineer
M.J. Ges ifififi~e ~
Assistant Civil Engineer
TI)S:M_JG:ccg:PSA Hall & Foremen
r Sttes& -
Associate Civil Engineer
FIRST \
O3 ROSlg_EAF AV.
J
ViNEWOOD AV.
16,5
16.3
15.5
149
145
STREET
) (_
(~ 14741
HELEN
ES"lOCK
IRVINE
.-
AMAGANSET WY.
PLA
.
BOULEVARD
·
.... PROJECT LOCA~N
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into this day of ., 19_, by and between the
CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City") and Hall & Foreman,
Inc. Chereinaf~er referred to as "Consultant").
WITNESSETH:
WHEREAS, City desires to employ Consultant to furnish the necessary services for providing
Consulting Engineering Services for the reconstruction of"A" Street, Mountain View Drive, "B"
Street and "C" Street, from First Street to Irvine Boulevard 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 August 19, 1996, and a final
revised proposal dated September 24, 1996, a copy of the proposal is attached hereto, marked as
Exhibit "A" and is by this reference incorporated herein as though set forth in full herein (the
"Proposal").
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 o__f Consultant's Services. Consultant agrees to furnish to City consulting
services for the Project. These services shall include all the services solicited in the City's Request for
Proposal dated July 19, 1996, a copy of which is attached hereto, marked Exhibit "B", and all the
services included within the Consultant's proposal, (Exhibit "A'').
Section 2_i.' Tiptoe fo._._r__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 the agreement.
Consultant agrees that it shall prosecute regularly and diligently the work of this agreement according
to reasonable schedules established by the 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~ .C__ompensation__ The compensation to be paid under this agreement shall be as set
forth in the Consultant's proposal with a not to exceed total cost of $104,500.00. Progress payments
for work completed will be paid as the work progresses, within thirty (30) days of the date of
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Consultant's invoice. These payments will be based upon submittal of detailed invoices and based upon
the actual work performed for each individual task not exceeding that provided in the consultant's
proposal.
Section 4..i.. J~ob Slate 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 ofthi's project, including safe/y of
all persons and property and that this requirement shall be made to apply continuously and not be
limited to normal working hours.
Section 5_.i.' ~lYIiscellaneou~s Provisions.
City and Consultant 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 Cityto 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
hereto.
(4) Consultant shall perform the services hereur~der 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
ail costs, expenses and charges, including attorney's fees, arising from Consultant's negligent
performance of this agreement. In addition, 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
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liability insurance coverage with limits of at least $1,000,000 combined single limit coverage per claim
or per occurrence for which certificates of insurance or endorsements in form satisfactory to the City
have heretofore been delivered to City. 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 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
cartier in the amount required by this agreement for at least five (5) years after completion of
Consultant's services under this agreement. The Consultant shall also be required to 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.
(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 fi.om al/responsibility under said laws in connection with the Performance of this
agreement, and upon execution of this agreement, to file with City a certificate to said protection.
(7) Consultant certifies that there shall be no discrim/nation 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:
a. Employment, upgrading, demotion or. transfer, recruitment, Or recruitment advenisin&
lay-off or termination, rate 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 ful/y apprise City thereof.
(9) 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 (1) of this Section, Consultant shall, within ten (10) business days of receipt of notice
of termination, provide City w/th all documents with/n Consultant's possession relating to this
Agreement and the Proiect, including but not limited to all completed documents and all drafts of
uncompleted documents.
IN ~SS Wt{EKEOF, this Agreement was executed by the parties on the day and year first
above written.
CITY Of TUSTIN, a municipal corporation
By
Mayor
HALL & FOREMAN, INC.
By Jon E. Bourgeois, Executive Vice President
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
Lois E. Jeffrey, City Attorney
The Consultant,s Proposal for the requested
Consulting Engineering Services is not attached
due to the Voluminous nature of the proposal.
A Copy of the COmplete
Technical and Fee Portions, Pirs°~a..~, .~ncluding
in the Engineering Division.
~v~laDle for review