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HomeMy WebLinkAbout13 CIP 900024/RDA 11-20-95NO. 13 11-20-95 DATE' NOVEMBER 20, 1995 Inter-Gorn WILLIAM A. HUSTON, CITY MANAGER TO: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION FROM: PROFESSIONAL SERVICES AGREEMENT FOR THE IRVINE BOULEVARD STORM DRAIN PROJECT FROM EL MODENA (F07) CHANNEL TO YORBA SUBJECT: STREET (CIP 900024/RDA) RECOMMENDATION It is recommended that the City Council at their meeting of November 20, 1995, take the following actions: 1) adopt Resolution No. 95-121 so that tax funds allocated to the RDA Town Center Project Area may be used outside the boundaries of the Project Area for the purpose of relieving the flooding conditions on Irvine Boulevard; and 2) authorize City staff to process a Professional Services Agreement with NBS/Lowry, Inc., for providing Engineering Services for the subject project in the amount of $111,902.00 and .authorize execution of the agreement by the Mayor and City Clerk. FISCAL IMPACT The Tustin Community Redevelopment Agency Capital Improvement Budget (1995-96 FY) allocated $25,000 for Preliminary Engineering and $110,000 for Final Design. The consulting services fee will be charged to that allocation. Additionally, for construction in the 1996-97 FY, $125,700 is planned to be allocated from the RDA Capital Improvement Budget and $800,000 from the City of Tustin Capital Improvement Program. BACKGROUND AND DISCUSSION In the FY 1990-91 the Tustin Community Redevelopment Agency approved funds for the design and construction of the Amaganset Way Storm Drain Project between the North Tustin (Fl2) Channel and Acacia Drive. The intent of the project was relieve to the flooding conditions on Irvine Boulevard within the Redevelopment Area. During the design phase many alternatives were explored in the Amaganset Way area, however, it was determined that construction of the Amaganset Way Project was not feasible due to physical constraints. The proposed project will now design a relief storm drain backbone system along Irvine Boulevard, with the potential for implementation of future branch systems north of Irvine Boulevard. Redevelopment law requires the use of any Redevelopment Project Area tax increment to be used only within the project boundaries. However, Section 33445 of the California Community Redevelopment Law (Health and Safety Code) Provides an exception to this rule when the local agency makes findings that use of these funds, outside of the Project Area, constitutes a benefit to the Project Area and that no other reasonable means of financing the improvements are available to the Community. Said findings must be declared through the adoption of a resolution adopted by both the Redevelopment Agency and the City Council. It should be noted that the City of Tustin Capital Improvement Program funds are insufficient to complete the project without additional RDA funds. Requests for proposals were sent to five (5) consulting engineering firms to provide survey and detailed topographic mapping services, preliminary and final design, preparation of plans, specifications.and engineer's estimate (PS&E), and preparation of environmental documentation for the project. Four (4) consulting engineering firms submitted propoSals. In conformance with State legislative requirements, the four (4) proposals have been 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 reasonableness of the of the proposed schedule, including the projected staff-hours to complete the project. It is recommended that the firm of NBS/Lowry, Inc., be selected to provide the requested consulting services in the amount of $111,902.00. This fee is felt to be fair and reasonable for the project. The four (4) Consulting Engineering firms in order of their ranking are as follows: NBS/Lowry,-Inc. ASL Consulting Engineers Willdan Associates MK Centennial Engineering, Inc. The Tustin Community Redevelopment Agency has assigned the authority of administration of this project to the Tustin City Council at their meeting of November 20, 1995. Tim D. Serlet L.~ Director of Public Works/ City Engineer Nestor Mondok Assistant Civil Engineer TDS: NM: klb: fo7chanl. 1 Allaclame~ts 6 10 11 12 13 14 15 16 17 18 19 2O 21 22 :?.3 24 25 26 27 28 RESOLUTION NO. 95-121 A RESOLUTION OF THE' CITY COUNCIL OF THE CITY OF TUSTIN,' CALIFORNIA FINDING THAT 'THE USE OF TAXES ALLOCATED FROM THE TUSTIN REDEVELOPMENT AGENCY TOWN CENTER PROJECT AREA FOR THE' PURPOSE OF RELIEVING THE FLOODING CONDITIONS ON IRVINE BOULEVARD OUTSIDE THE PROJECT AREA WILL BE OF BENEFIT TO THE PROJECT The City Council of the City of Tustin does hereby resolve as follows: WHEREAS, the Community Redevelopment Agency of the City o1' Tustin (the "Agency") has adopted a Redevelopment Plan (the "Redevelopment Plan") for the Town Center Project Area. (the "Project.".); ..and . . . WHEREAS, the Redevelopment Plan provides for the allocation of taxes from the Project Area; and WHEREAS, Section 33445 of the California Community Redevelopment Law (Health and Safety Code Section 33000. et seq.) provides that such funds may be used outside of a project area if a finding is made by resolution of the Agency and the City Council that such use will be of benefit to the Project; and WHEREAS, City of Tustin Capital Improvement Program funds are insufficient to complete the project without.additional Agency funds and that no' other reasonable means of financing the improvements are available to the Community; and WHEREAS, the City of Tustin and the Agency have established Capital Improvement Programs for the Town Center portion of the City, the boundary of which includes areas located adjacent to. but outside the Town Center Redevelopment Project area; and WHEREAS, the Use of tax increment funds for implementation of the City's Capital Improvement Program outside of the Project Area will directly benefit areas within the Project Area by relieving the flooding conditions on Irvine Boulevard. NOW THEREFORE, the City Council of the City of Tustin does hereby find and resolve as follows: Section 1: The City hereby finds that the use of taxes allocated from the Town Center Project Area for the purpose of constructing Storm drain improvements along Irvine Boulevard to relieve flooding conditions within and outside the Project Area and within the City of Tustin is of benefit to the Town Center Project Area. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 2.3 24 25 26 27 28 Section 2' The City finds that no other reasonable means of financing such storm drain improvements are available to the Community. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Tustin held on the 20th day of November, 1995. Jim Potts, Redevelopment Chairperson Pamela Stoker .. City Clerk' 17500 I~00 L~O00 PROJECT O~IV£ LOCATION LILLIAN SECONO ST ST PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 19 , by and between the CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City") and NBS/Lowry, Inc. (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City desires to employ Consultant to furnish the necessary services for providing consulting engineering services relating to the preliminary engineering, final design and environmental documentation of the Irvine Boulevard Storm Drain Project from E1 Modena (F07) Channel to Yorba Street 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 August 8, 1995 and a final revised proposal dated November 3, 1995, copies are 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: Scope of Consultant's Services. Consultant agrees to furnish to City consulting services for the Project. These services shall include all the services solicited in the City's Request for Proposal dated July 13, 1995, a copy of which is attached hereto, marked Exhibit "B", and all 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 is an essential condition of this agreement. Consultant agrees that it shall prosecute regularly and diligently the work of this agreement according to reasonable schedules established by the 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 $111,902.00. 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 4 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 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 t° normal working hours. Section 5: 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 2 services rendered to the effective date of the termination. (2) Consultant agrees that it shall pro'ceed 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 ofheirs, 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 agent's, 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 Consultant's negligent performance of this agreement. In addition, 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 singl'e limit coverage~ per occurrence, and professional liability insurance coverage with limits of at least $500,000 combined single limit coverage per claim or per occurrence for which certificates of insurance or endorsements in form satisfactory to the City have heretofore been delivered to City. If Consultant provides 3 claims made professional liability insurance, Consultant shall alSo agree in writing either (1) to purchase tail insurance in the amount required by this agreement to cover claims made within five (5) years of the completion of Consultant's service under this agreement, or (2) to maintain professional liability insurance coverage with the same carrier in the amount'required by this agreement for at least five (5) years after completion of Consultant's services under this agreement. The Consultant shall also be required to provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by ~xecuting the attached letter agreement on Consultant's letterhead. (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 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, 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 4 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's possession relating to this Agreement and the Project, including but not 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 year first above written. CITY OF TUSTIN, a municipal corporation ATTEST: By Jim Potts, Mayor NBS/Lowry, Inc. By~ (Signature) Michael D. Swan, Regional Vice President Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey City Attorney TO BE REPRODUCED (PRINTED) ON CONSULTANT'S LETTERHEAD November' 16, 1995 City of Tustin 300 Centennial Way Tustin, CA 92680 Attn: Dana R. Kasdan, Engineering Services Manager Subject: IRVINE BOULEVARD sToRM DRAIN PROJECT FROM EL MODENA (F07) CHANNEL TO YORBA STREET (CIP NO. 900024/RDA) Dear Mr. Kasdan: . NBS/Lowry, Inc. has executed the Professional Services 'Agreement for the abOve referenced project. In lieu of providing occurrence based professional liability insurance coverage as required by the Agreement, NBS/Lowry, Inc. warrants and represents that it shall maintain 'insurance coverage with the insurance company listed on the attachment, in the amounts indicated for at least five (5) years after the completion of the consulting 'services under the Agreement. NBS/Lowry, Inc. will provide the city with certificates of insurance coverage within the period established above in order- to evidence compliance with this Agreement. Sincerely, NBS/LOWRY, INC. ACCEPTED. AND AGREED TO: Michael D. Swan, P.E. Regional Vice President Tim D. Serlet Director'of Public Works/ City Engineer APPROVED AS TO FORM: Lois E. Jeffrey City Attorney NM:ldb:psanbs.irv Consultant proposal not attached due to its voluminous nature. A copy is available for review/inspection in the Engineering Division.