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HomeMy WebLinkAboutCC 9 CIP 700116 05-17-93CONSENT CALENDAR NO. 9 GENDA 5-17-93 G F' XTE: MAY 17, 1993 Inter -Com TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING ENGINEERING SUBJECT: SERVICES ON EL CAMINO REAL WIDENING PROJECT (RED HILL AVENUE TO BROWNING AVENUE), CIP NO. 700116 RECOMMENDATIONS: It is recommended that the City Council, at their meeting of May 17, 1993, approve selection of KaWES and Associates, Inc., Irvine, to provide consulting engineering services relating to the E1 Camino Real Widening Project as follows: 1. Approve environmental document/preliminary engineering report preparation tasks in the amount of $180,000 of which $60,000 will be a supplemental appropriation from unallocated Measure M Turnback Funds; 2. Approve the remainder of the consulting services tasks consisting of final design preparation and right-of-way engineering in the amount of $256,630 as a part of the 1993-94 Capital Improvement Program Budget from unallocated Measure M Turnback Funds; and authorize execution of the Professional Services Agreement by the Mayor and City Clerk. FISCAL IMPACT• The current Capital Improvement Budget provides $120,000.00 funded by Measure "M" revenues for this project. A supplemental budget appropriation in the amount of $60,000 from unallocated Measure M Turnback Funds is required in this fiscal year to complete the environmental document/preliminary engineering report by June 1994. Future City expenditure obligations will be based upon future budget allocations and possible approval of funding for final design by the Orange County Transportation Authority (OCTA) under the Combined Transportation Funding Program (CTFP). BACKGRUUNU: The current Capital Improvement Program provides start up design funds for the widening/improvement of E1 Camino Real between Red Hill Avenue and approximately 400' east of Browning Avenue to Secondary Arterial Highway Standards. Recently, the City applied for Master Plan of Arterial Highway (MPRH) matching funds under the County's Measure M Combined Transportation Funding Programs (CTFP) for final design in 1994-95 FY and for acquisition of right-of-way in the following years. The City is still awaiting a decision by OCTA on the application submitted. Such a decision isn't expected until some time in June, at the earliest. In order to comply with OCTA's eligibility requirements for funding of final design in the 1994-95 FY, a project design report/preliminary plans and environmental document must be completed prior to June 1994. It is anticipated, based on the consultant's proposal/schedule that the above requirement can be accomplished at a cost of approximately $180,000.00. This cost exceeds the current budgeted amount of $120,000.00: The shortfall of $60,000 is being requested as supplemental appropriation from Measure M Turn back Funds. Future expenditures and schedules for this multi-year/multi-phase project, after completing the environmental document, will depend on OCTA approval of project phases and future City budget allocations, as well as future OCTA project funding approvals. Therefore, the Professional Services Agreement is structured to allow the City to terminate this agreement at any time of the design phases at City discretion if funding is unavailable. A copy of the consultant's activity schedule is attached to this report to graphically depict the numerous tasks required and sequencing of activities to fully complete the design and environmental portion of the project. Proposals were solicited from four (4) selected consulting engineering firms experienced in similar type of projects. These firms included: CDC Engineering, Inc., NBS/Lowry, Inc., KaWES & Associates, Inc., and IWA Engineers. The scope of work included: Project report and preliminary plans, environmental study and documentation, topographic survey and mapping, right-of-way engineering, geotechnical report, utility coordination, traffic and drainage studies, complete improvement plans as well as project specifications and cost estimates. Three proposals were received. They were reviewed and evaluated based upon demonstrated competence, professional qualifications necessary for the satisfactory performance of the required services, familiarity and prior experience with providing this type of service, and the reasonableness of the proposed schedule. Based upon the noted evaluation criteria and favorable recommendations from other agencies, KaWES and Associates, Inc., 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. 4� :�" `f lac, Robert Ledendecker Director of Public Works/ City Engineer RL:WA:ccg:psaecr Attachment Wisam Altowaiji Associate Civil Engineer PROFESSIONAL SERVICES 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 KaWES & Associates, Inc., (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City desires to employ Consultant to furnish the necessary services for providing E1 Camino Real Widenin7 , from Red Hill Avenue to Browning Avenue 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 March 15, 1993, which includes the following parts, attached hereto, marked as indicated and incorporated herein as though set forth in full hereat: Scope. of Work (Exhibit "A"), Project Schedule (Exhibit "B"), Fee Schedule and Hourly Rates (Exhibit "C"), and Revised Proposal dated April 13, 1993 (Exhibit "D"). 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 February 24, 1993, a copy of. which is attached hereto marked Exhibit "E", 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 $436.629.95. Progress payments for work completed will bE aid 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's 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 will be required to assume sole and complete responsibility for 2 - 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 - 3 - Con�"Itant'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 $250,000 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 -'"Ie 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. CITY OF TUSTIN, a Municipal Corporation ATTEST: City Clerk APPROVED AS TO FORM: City Attorney KaWESpsa BY Mayor KaWES & Associates, Inc. BY (Signature) Tony Won President (Name Printed/Title) - 5 - Consultant proposal not attached due to its voluminous nature. A copy is available for review/inspection in the Engineering Division.