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Home My WebLink AboutCC 9 CONS SERVICES 06-07-93AGENDA _ CONSEN% CALEiCDAR NO. 9 6-7-93 Inter-Corn DATE: JUNE 7, 1993 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION AWI~RD OF CONTRACT FOR CONSULTING SERVICEB ~]~RIOUS WATER MAIN REPLACEMENT PROJECTB FOR DESIGN OF RECOMMENDATION That the Tustin City Council at their regular meeting of June 7, 1993, authorize the Mayor to execute a professional services agreement with the firm of Nolte and Associates, 24741 Chrisanta Drive, Mission Viejo, CA 92691, to prepare plans, specifications, and provide geotechnical, topographic and surveying work for new water mains on 17th Street, Brenan Way, Ethelbee Way, DeBusk Lane, Walter Avenue, Raleigh Place, and E1 Camino Lane for the city of Tustin Water Service (City). FISCAL IMPACT A~ount of this contract $52,141 Total project funded by the bond issue (Certificates Participation) authorized by the City Council. of BACKGROUND This project consists of replacing the above noted deteriorating water mains of various sizes within 'the city and as outlined in the Certificates of Participation Project Schedule (see attached copy). Request for proposals were on April 29,. 1993, from four consulting engineering firms to perform the work as noted above. Proposals were received on May 20, 1993, from three firms as follows: ASL Consulting Engineers Williamson & Schmid Nolte and Associates solicited DISCUSSION The proposals have been evaluated by staff on the basis of demonstrated competence, professional qualifications necessary for the satisfactory performance of the required work, and familiarity and prior experience with providing the requested services. The selection committee is recommending Nolte and Associates to prepare plans, specifications and provide geotechnical, topographic and surveying work for the above project for the fee of $52,141. Robert S. Ledendecker Director of Public Works/ City Engineer ? Gary Veeh Water Services Manager Attach~nt 0 0 ° ° $ 8 8 8 8 8 8 8 ° ° -SAMPLE- PROFESSIONAL SERVICES AGREEMENT services for preparing plans and specifications, and work for the construction of new water mains oil as "Project"; and THIS AGREEMENT, made and entered into this __ day of , 19 , by and between CITY OF TLISTIN, a municipal corporation (hereinafter referred to as "City') and (hereinafter referred to as "Co,~sultant"). WITN ESSETll: WHEREAS, City desires to employ Const, ltant to fnrnish the necessary engineering for providing topographic and st, rveying , hereinafter referred to WHEREAS, Consultant is qualified to provide the necessary services in ct~nnection with said Project and has agreed to provide the necessary services; and WHEREAS, consultant has submitted to City a proposal dated , which includes the following parts, attached hereto, marked as indicated and incorporated herein as though set forth in full herein: Related Experience (Exhibit "A"), Project Managemeut (Exhibit "B"), Project Schedule (Exhibit "C"), hfformation Provided by the City (Exhibit 'D'), Fee Schedule (Exhibit "E"), and Schedule of Hourly Rate (Exhibit 'F"). 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 Consoltant's Services. Consultant agrees to furnish to City consulting services for the Project. These services shall include all of tile services solicited in City's Request for Proposal dated , a copy of which is attached hereto, marked Exhibit "G", and all the services iucluded within the Consultant's proposal. -1- Section 2: Time roi' Complelion. 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 iu the progress of its work caused by any condition beyond its control and withont the fault or negligence of Consultaut. Any delays shall not entitle Cousultant to any additional compensation, regardless of the party responsible for the delay. Sectlon 3: Coml~ensation. Th~ compensation to be paid under this agreement shall be as set forth in the Consultant's proposal with a total cost not to exceed $ 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 the consultant proposal. Section 4: Statement of Cosls. 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 Govern,nent Code Section 7550, the City of Tustin expended the total amount of $ for the preparation of this report and/or documents." Section 5: ,]ob Site Conditions. The City agrees that in accordance with generally accepted construction practices, tile construction contractor will be required to assume sole and complete responsibility for job site conditions during the conrse of construction of this project, including safety of all persons and property and that this requirement shall be made to apply ~:ontinuously and not be limited to normal working hours. Sectiou 6: Miscellaneous Provisions. A. City and Consultant further agree to tile followiug conditions: (1) City, by notifying Consultant in writing, shall have tile right to terminate any or all of the services covered by this agreement at any time. In tile event of such termination, Consnltaut shall be paid for services rendered to the effective date of the temfination. (2) Consultant agrees that it shall proceed immediately aud diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. (3) Tile 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 tile respective parties thereto. (4) Consnltant shall perform tile services hereunder as an independent contractor and nnder uo circumstances or conditions shall Cousultaut or auy 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 tile terms of this Agreement. Consultant agrees to indenmify, defend and hold City, its agents, -3- employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by other persons and from 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 iusurauce coverage with limits of at least $250,000 combiued single limit coverage per occurrence for which certificates of insurance have heretofore been delivered to City. (6). Consultant shall carry and pay for such compeusation iusurance 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 discriminatiou agaiust any employee who is elnployed in the work covered by this agreement, or against any application for such employment, because of race, religion, color, sex or national origin includiug, but not limited to, the following: 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. -4- (8) Consnltant shall provid~ City mouthly with a detailed itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. 1N WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. CITY OF TUSTIN, a Municipal Corporation ATFEST: BY Mayor City Clerk APPROVED AS TO FORM: City Attorney (Firm Name) BY (Signature) (Name Printed/Title) -5-