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HomeMy WebLinkAbout06 AVE/SR-55 INTERCHG 04-04-96E N NO. 6 4-4-94 DALE: APRIL 4, 1994 · -t n't e r C o'm 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 RECONFIGURATION PROJECT RECOMMENDATION It is recommended that the City Council at their meeting of April 4, 1994, 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 Project in the amount of $173,000.00. FISCAL IMPACT Funds to accomplish this work have been budgeted in the current Redevelopment Agency Capital Improvement Program for the South Central Project Area. DISCUSSION At the 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 Project 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. 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 between the Agency and Catellus approved on January 3, 1994, 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.-Sh~leton Assistant City ~anager Robert S. Ledendecker Director of Public Works/ City Engineer Engineering Services Manager CAS: RSL.: DRK:klb:psrdokk3 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, 3054 Gold Canal Drive, Rancho Cordova, CA. 95670-6116 (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/SR-55 Interchange Ramp Reconfiguration 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 ~ ~ervices; and WHEREAS, Consultant has submitted to City a proposal dated March 17, 1994, 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 the Project, and City and Consultant, for the consideration hereinafter set forth, agree as follows: Section 1: ScoDe of Consultant's Services. Consultant agrees to furnish to City consulting services for the Project. 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 s an essential condition of 5his agreement. Consultant agrees that it shall prosecute regularly and diligently the work of this agreement accordingly to -- 1 -- 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 ~: .Compensation. The compensation to be paid unde~ this agreement shall be as set forth in the Consultant's proposal with a not toexceed total cost of $173,000.00. 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 the consultant's proposal. Section ~: 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 ~ Job Site Conditions. The City agrees that in ac'cordance 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 this requirement shall be made to apply continuously and not be limited to normal_working hours. - 2 - Section 6: Miscellaneous Provisions. A. City and Consultant further agree to the following conditions: (!) 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, sic}~ess, death, or other claim made by other persons and from all costs, expenses and charges, i~'cluding 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 f 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 at least $250,000 combined single limit coverage per occurrence for whic~ . · . ., 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 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. (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 ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant'- possession relating to this Agreement and the Project, including but n°~ limited to all completed documents and all drafts of uncompleted documents. - 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 BY Mayor Dokken Engineering JSig~ture) / (Name Printed/Title) -%TTEST: City Clerk APPRO~v cl~ A~torney - 5 - Consultant Proposal not attached due to it's voluminous nature. A copy is available for review/inspection in the Engineering Division.