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HomeMy WebLinkAboutCC 11 CONS ENG SVCS 06-21-93CONSENT CALENDAR NO. 11 6-21-93 DATE: JUNE 21, 1993 Inter-Com 'TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COMMUNITY DEVELOPMENT DEPARTMENT PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING ENGINEERING SERVICES ON THE NEWPORT AVENUE/SR-55 INTERCHANGE RECONFIGUi~ATION PROJECT I~ECOMMENDATION It is reco~ended that the City Council at their meeting of June 21, 1993, authorize the Mayor and City Clerk to execute a Professional Services Agreement with the firm of Dokken Engineering to prepare and process a Project Study Report (PSR) to approval by Caltrans for the · Newport Avenue/SR-55 Interchange Northbound Ramp Reconfiguration Projec~'in the amount of $152,500.00 from the City Trust Fund for the South Central Project Area of the Tustin Community Redevelopment Agency. FISCAL IMPACT: Funds to accomplish work t~sks such as this have been advanced by the Tustin Community Redevelopment Agency to the city and are available for accomplishmeDt of work efforts associated with carrying out the Redevelopment Plan for the South Central Project Area. DISCUSSION At th~. 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 Projgct Area. The agreement provides for the city to undertake the public improvements described in the document on behalf of the Agency and that the Agency will pay the city for these improvements from future tax increments to the South Central Project Area. The subject Professional Services Agreement with Dokken Engineering will enable a critical link in the accomplishment of the South Central Project Area infrastructure improvements to begin to be realized, that is, the future approval by Caltrans of the Newport Avenue/SR-55 Interchange Northbound Ramp Reconfiguration. Without Caltrans' approval of this work, implementation of the full Newport Avenue extension project from its present termination to Valencia Avenue, including other accompanying necessary infrastructure in the Pacific Center East Specific Plan Area will be seriously hampered. ,,~ . William A. Huston Professional Services Agreement - Newport Avenue/SR-55 Interchange June 2~, 1993 Page Two The firm of Dokken Engineering has for a number of years been 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. Due to the current economic downturn, Catellus has found themselves unable to financially proceed at this time with the consulting engineering services necessary to complete, process and obtain approval of the PSR. Accordingly, through a separate agreement to be executed between the Agency and Catellus, it has been determined to be mutually beneficial to proceed with gaining PSR approval from Caltrans for the Interchange project by the Agency/City retaining and fully administering the services of Dokken Engineering to complete the work that they had been performing for Catellus. Christine A. Shing~Fton Assistant City Manager Robert'S. Ledendecker Director of Public Works/ City Engineer Dana R. Kasdan Engineering Services Manager CAS :RSL :DRK: k lb: psrdokkl Attachment 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 Dokken Engineering, 3221 Ramos Circle, Sacramento, CA 95827-2501 (hereinafter referred to as "Consultant" WITNESSETH: WHEREAS, City desires to employ Consultant to furnish the necessary services for preparation and processing of a Project Study Report (PSR) to approval by Caltrans for the Newport Avenue/SR55 Interchange Northbound Ramp Rec~nfiguratlon 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 :vices; and WHEREAS, consultant has submitted to City a proposal dated May 28, 1993, a copy of which 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 Consultant, for the consideration hereinafter Section 1: Scope of Consultant's Services. to City consulting services for the Project. the Project, and City and set forth, agree as follows: Consultant agrees to furnish These services shall include all of the services included within the Consultant's proposal, (Exhibit "A"). 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 an essential condition of this agreement. Consultant agrees that it shall prosecut~ 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 ~elays 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 ~greement shall be as set forth in the Consultant's proposal with a not to exceed total cost of $ 152,500.00. Progress payments for work completed will De paid as the work progresses, within thirty (30) days of the date of consultant's invoice. These payments will be based upon submittal of ~etailed invoices and based upon the actual work performed for each individual task not exceeding that provided in the consultant's proposal. Section 4: Statement of Costs. Pursuant to the provisions of california Government Code Section 7550, the total amount expended by rity 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 Calffornia Government Code Section 7550, the City of Tustin expended the total amount of $ for the preparation of this report and/or ~ocuments." Section 5: Job Site Conditions. The City agrees that in accordance ~ith 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 ~nd be binding upon and inure to the benefit of h.eirs~, executors, administrators, successors and assigns of the respective parties thereto. (~) Consultant shall perform the services hereunder as an ~dependent contractor and under no circumstances or conditions shall Consultant or any of ~ts agents, employee or agent of the City. (5) Consultant shall agreement using that degree of servants and employees, be considered as an perform'all services required under this care and skill ordinarily exercised under similar cbnditions 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 5 comprehensive general liability, personal injury and liability insurance with limits of at least $1,000,000 combined single limit coverage per 3 occurrence and professional liability insurance coverage with limits of a~ least $250,0Q0 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. (2) Ccnsultant shall provide city monthly with a detailed itemi~zation of all work performed, and the fees accrued thereon, in romplete and sufficient detail to fully 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 (t) Df this Section, Consultant shall, within ten (10) business days of receipt of notice of ternination, provide City with all documents within Consultant's possession relasing to this Agreement and the Project, including but nc limited to all completed documents and all drafts of uncompleted documents. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and,yea~ first above written. CITY OF TUSTIN, BY a Municipal Corporation Mayor BY Dokken Engineering (Signature) (Name Printed/Title) ~aTTEST: city Clerk APPROVED AS'TO FORM: .City Attorney - 5 - Consultant Proposal not attached due to it's voluminous nature. A copy is available for review/inspection in the Engineering Division.