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HomeMy WebLinkAbout11 CIP 700118 07-05-94DATE: JULY 5, 1994 ~N0. 11 ~7-5-94 Inter-Com. TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WOR/{S DEPARTMENT/ENGINEERING DIVISION PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING ENGINEERING SERVICES FOR THE IRVINE BOULEVARD/~w~ORT AVENUE ~NTERSECTION ENHANCEMENT PROJECT (CIP NO 700118) RECOMMENDATION It is recommended that the city Council, at their meeting of July 5, 1994, approve selection of ASL Consulting Engineers, Irvine, to provide consulting engineering services relating to the Irvine Boulevard/Newport Avenue Intersection Enhancement Project in the amount of $264,029.00 and authorize execution of the Professional Services Agreement by the Mayor and City Clerk, subject to the City Attorney's approval as-to-form. FISC;tL IMPACT The project design phase was initially budgeted for in the 1993-94 Fiscal Year Capital Improvement Program budget. However, no major expenditures were incurred during that period. The project design phase hastherefore been rescheduled within the proposed 1994-95 FY Capital Improvement Program budget utilizing sufficient Proposition 111 - Gas Tax revenues ($300,000.00) to cover the costs associated with this agreement. BACKGROUND The intersection of Irvine Boulevard/Newport Avenue is a critical junction in the City's circulation network, since it is where two of the City's key arterial links actually meet. Continued traffic growth in this area has strained the ability of the existing intersection to adequately handle current traffic levels, which are at or near unacceptable levels of service. The proposed project will ultimately provide for the widening and enhancement of the Irvine Boulevard and Newport Avenue Intersection to improve vehicular operations and reduce congestion not only under current conditions but for the future as well, by providing additional through lanes and turning lanes. Staff is processing multi-year/multi-phase grant applications for Intersection Improvement Program (IIP) funds or Master Plan of Arterial Highway (MPAH) matching funds under the County's Measure M Combined Transportation Funding Programs (CTFP) administered through the Orange County Transportation Authority (OCTA) for acquisition of any required right-of-way and construction phases of the project. Future expenditures and schedules for this multi-year/multi-phase project, after completing the design and environmental document, will depend on future OCTA approval of project phases, fund allocations and future City budget allocations. Proposals were solicited from four (4) consulting engineering firms experienced in similar type of projects. These firms included: ASL Consulting Engineers, Boyle Engineering Corporation, Centennial Civil Engineers, Inc., and J.P. Kapp & Associates, Inc. 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, preparation of complete final improvement plans as well as project specifications and cost estimates. Three proposals were received. In conformance with State legislative requirements, the proposals 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, and the projected man-hours to complete the project. Based upon the noted evaluation, criteria and favorable recommendations from other agencies, ASL Consulting Engineers, 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 perform the work was reached and therefore the above recommendation is made. Robert S. I~ed~ende~r Director of Public Works/ City Engineer Nestor Mondok Assistant CiVil Engineer pROFESSIONAL ~ AGREEMENT THIS AGREEMENT, made and entered into this day of 19 , by and between the CITY OF TUSTIN, a municipal corporation Street, Suite "Consultant" ) . (hereinafter referred to as "City") and ASL Consulting Engineers, One Jenner ~00, Irvine, CA. 92718 (hereinafter referred to as WITNESSET~: WHEREAS, City desires'to employ Consultant to provide consulting services for the Irvine Boulevard and Newport Avenue Intersection Enhancement Project, 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 26, 1993 and a revised proposal dated May 31, 1994, a copy of which is attached hereto, marked as Exhibit "A" which modified the original proposal dated March 26, 1993, and is by this reference incorporated hereat as though set forth in full herein (the "Proposal"). The revised proposal dated May 31, 1994, includes the following parts: Scope of Work, Project Schedule, Fee Schedule and Hourly Rates. NOW, THEREFORE, City agrees tc 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: ScoDe o__f Consultant's Services. Consultant agrees to furnish to City consulting services for the Project. These services shall include ~11 of the services solicited in City's Request for Proposal dated March 2, ~93, a copy of which is attached hereto, marked Exhibit "B" and all the 1 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 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 fo= the various items described and as outlined within Consul=ant'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: Com~sation. 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 $264,029.00. 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 milestone/task not exceeding that provided in the consultant,s proposal. Section 9: Statement of Costs. Pursuant to the provisions of California Goverrnnent 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." 2 Sectlo~ 5.' Job S~te 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 of this project, including safety of all persons and property and that ~his requirement shall be made to apply continuously and not be limited to normal working hours. ~ection 6: Miscellaneous Provisions. A. 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 liligent~y 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 hereto. (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 perfol-m 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 3 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 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 in form satisfactory to the City 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 certificate to said protection. (7) Consultant certifies against any employee who is employed of this agreement, to file with City a that there shall be no discrimination 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, 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 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 (1) of this Section, Consultant shall, within t'en (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. 5 IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. CITY OF TUSTIN, a municipal corporation Mayor By ASL Consulting Engineers t/ ~ (Sfgn~tu~--~) ~J William E. Bennett, Vice President (Name Printed/Title) ATTEST: City Clerk APPROVED AS TO FORM: City Attorney ASL.PSR CITY OF TUST[N CERTIFICATE OF INSURANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED TO: CITY OF TUSTIN P.O. BOX 3539 Tustin. CA 92681-3539 NO MODIFICATIONS OR ADDITIONS MAY BE MADE TO THIS FORM o · Arcadia, CA 91066-0780 Company LINer A NAME AND ADDRESS OF iNSURANCE AGENCY: N~RVER ASSOCIATEE INC. 1517 Fair Oaks Ave, Suite "D' Pasadena, CA 91030 COMPANIES AFFORDING COVERAGE S~. Paul Fire & Marine Ins. Co. CENTURY NATIONAL INSURNA~ ASSOCIATED INDEMNITY A H Policy Policy Type of Insurance Policy Number Eftec~i¥e De~e Expiration Date All Limits in Thoueands General Aggregate $ 2 ~ 000 · 000 Non-owned a=to Hired Auto AUTOMOBILE LIABILITY I ) Any Auto I ] All Owned Autos ~13 Scheduled Autos [ ] Hired Aut~ I ) Non-Owned Autos I ) Garage Uabiiity [I RP06621804 BAP-52784 11/07/93 11/07/93 11/07/94 ll/07/94 Proda-Compl Ope Agg. Perm. & Advg. Injury Each Occurrence Fire Damage IAny One Fire) 07/01/93 $2 Medical Expense {Any One Person) CSL $ 2,000,000 Si,000,000 $ l~O00rO00 $ ~1,000,000 EXCESS UABILITY EACH OCCURRENCE AGGREGATE ! ) Umbra;la Form $ $ WORKERS COMPENSATION Ai'dD EMPLOYKR'S LIABILITY I 07/01/94 OTHER 817WZPS0572~ STATUTORY si,u00,000 $1,000,000 ~1~000,000 CITY OF TUSTIN CERTIFICATE OF INSURANCE AND DESIGNATION OF NAMED ADDITIONAL INSURED NO MODIFICATIONS OR ADDITIONS MAY BE MADE TO THIS FORM O: CITY OF TUSTIN P.O. Box 3539 Tustin, CA 52681-3539 ARCAD. IA, CA 91066-0.780 NAM A F ' NCE AGENCY' 1517 Fair Oaks,Suite D South Pasadena, CA 91030 PROJECT: COMPANIES AFFORDING COVEP. AGE DESIGN PROPESSIONALS Type of Inluren~=e Policy Number OTHE~ * PR0~'ESS IONA] LiABJ'LITY 'PL4'61365- 0 Ntedica] Expense (Any One Pe~on) EACH OCCURR~f'~ CE AGGREGATE $ STATUTORY $ t'ch Accident ~I,nOO.EA CL ~ {'~/0v/93,'11/07/94' $2';000.AGG Consultant proposal not attached due to its voluminous nature. A copy is available for review/inspection in the Engineering Division.