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HomeMy WebLinkAboutCC 10 PAVEMENT MGMT 02-16-93VSENT CALENDAR N0. 10 AGENDA2---12 :�-_3 �LL, �YLO Inter - Com DATE: FEBRUARY 16, 1993 s TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: CONSULTANT AGREEMENT FOR DEVELOPMENT OF CITY—WIDE PAVEMENT MANAGEMENT SYSTEM RECOMMENDATIONS: It is recommended that the City Council, at their meeting of February 16, 1993, approve selection of Infrastructure Management Services, (IMS) for professional services to develop the city-wide pavement management system, at a fee not to exceed $39,870.00 and authorize execution of a consultant agreement by the Mayor and City Clerk. BACKGROUND: The current Capital Improvement Project, budget provides sufficient funds for the development of a pavement management system for all streets maintained by the. City. The City Council, in May 18, 1992, adopted Resolution No. 92=59 certifying the City's pavement management plan and committing the City to update the plan biennially. This update is required to continue to be eligible for Measure M funding and is due by June 30, 1993. Proposals were requested from three selected consultant firms experienced in pavement management systems. These firms included: Pavement Management Systems, Inc., Harding Lawson Associates, and Infrastructure Management Services. Proposals were received, reviewed and evaluated from each of the three firms, based on the following: 1. Qualifications and experience of consultant. 2. Qualifications and experience of team to be assigned to work on this project. 3. Equipment and automation. 4. Consultant's approach. 5. Completion schedule. Based upon the noted evaluation criteria and favorable recommendations from other agencies, Infrastructure Management Services was selected as the most qualified firm to provide the required services. After negotiations, and after final clarifications, revisions and modifications to the submitted proposal to satisfy the requested scope of work, a fair and reasonable, not to exceed price to do the work was reached and therefore the above recommendation is made. Robert Ledendecker Director of Public Works/City Engineer RL:WA:ccg:consagre Attachment i /�'a4 YJ Wisam Altowaiji Associate Civil Engineer 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 Infrastructure Management Services, IMS (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City desires to employ Consultant to furnish the necessary services for providing City-wide Pavement Management System, and 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 1993, and two letters of clarification dated February 2 and 4, 1993 which include the following parts, attached hereto, marked as indicated and incorporated herein as though set forth in full hereat: Scope of Work and Project Schedule (Exhibit "A"), Fee Schedule (Exhibit "B"). 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 Consultant's Services. Consultant agrees to furnish to City consulting services for the Project. These services shall include all of the services solicited in City's Request for Proposal dated January 6, 1993, a copy of which is attached hereto marked Exhibit "C", and all of the services included within the Consultant's proposal. - 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 not to exceed total cost of $39,870.00 Progress payments for work completed will be paid as the work progresses, within thirty (30) days of the date of 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 Consultant Proposal. 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." Section 5: Job Site Conditions. The City agrees that in accordance with generally accepted construction practices, the construction contractor and/or the Consultant will be required to assume sole and complete responsibility for job site conditions during the course of work 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 .: this Agreement. Consultant agrees to indemnify, defend and hold City, its ti - 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, 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: 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. - 4 - IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. ATTEST: FAS as -"t City Clerk City Attorney CITY OF TUSTIN, a Municipal Corporation 1* -V4 Mayor (Signature) Donald Hardt, President Infrastructure Management Services 71 - 5 - Consultant proposal not attached due to its voluminous nature. A copy is available for review/inspection in the Engineering Division.