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HomeMy WebLinkAbout10 PROJECT 700133 11-21-94NO. 10 11-21-94 3AI£: NOVEMBER 21, 1994 Inter-Com TO: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION FROM: PROFESSIONAL SERVICES AGREEMENT FOR PRELIMINARY ENGINEERING SUBJEC~ STUDIES/ENVIRONMENTAL DOCUMENTATION FOR RED HILL AVENUE WIDENING AT I-5 (PROJECT NO. 700~33) RECOMMENUATION It is recommended that the City Council, at their meeting of November 21, 1994 approve selection of IWA Engineers, Fountain Valley, for consulting engineering services to provide Preliminary Engineering and Environmental Documentation for the widening of Red Hill Avenue at the I-5 Freeway area in the amount of $76,983.00 and authorize execution of the Professional Services Agreement by the Mayor and City Clerk. FISCAL IMPACT On February 25, 1993, the Santa Ana/Tustin TSIA Board approved funding in the amount of $110,000 for preparation of preliminary engineering studies for the widening of Red Hill Avenue at the I-5 Freeway area. The allocated TSIA funds in the amount of $110,000 will be transferre~ to the City of Tustin. BACKGROUND On November 3, 1994, the Santa Ana/Tustin TSIA Board approved and recommended execution of the subject agreement in the amount of $76,983.00. DISCUSSION As a part of the widening of the I-5 Freeway, Caltrans rebuilt the Red Hill Avenue bridge at I-5 and widened the roadway between the two freeway on/off ramps. Unfortunately, Caltrans' widening of Red Hill Avenue was not to the facility's ultimate width for a Major Arterial Highway. The Proposed Preliminary Engineering Studies will investigate and analyze feasible alternatives for widening Red Hill Avenue between E1 Camino Real and Nisson Road to full Major Arterial Highway standards in order to improve access to the I-5 Freeway area and reduce traffic congestion. It is envisioned that the improvements would include: three through lanes and a Class II bicycle lane in both directions; "right-turn only" lanes onto freeway on-ramps; and dual left turn lanes from northbound Red Hill Avenue to westbound E1 Camino Real. Requests for proposals were sent to five (5) consulting firms. The five (5) proposals were evaluated by an evaluation committee comprised of staff representatives from the City of Tustin and Caltrans. In conformance with State legislative requirements, the proposals were reviewed and evaluated based upon demonstrated competence, professional qualifications necessary for satisfactory performance of the required services, familiarity and prior experience with providing this type of services, and reasonableness of the proposed schedule, including the projected staff-hours to complete the project. Once the ratings were established, informal interviews were held with the top two firms. Based upon the results of the proposal evaluations, the interviews, and supplementary information supplied by the two firms clarifying their Scopes of Work, it is recommended that the firm of IWA Engineers be selected to provide the requested services in the amount of $76,983.00. This fee is felt to be fair and reasonable for the project. The five (5) consulting firm in order of their ranking are as follows: Consultant IWA Engineers Boyle Engineering CDC Engineering Willdan Associates Inca Engineers Director of Public Works/ City Engineer TS:NM:klb:ISwid~2 A~hment Nestor Mondok Assistant Civil Engineer XOFESSION~L SERVICES AGR.___~ENT 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 IWA Engineers, 17390 Brookhurst Street, Suite 100, Fountain Valley, CA 92708 (hereinafter referred to as "Consultant"). WITNESSETH: WHEREAS, City desires to employ Consultant to furnish the necessary services for providing Preliminary Engineering Studies and Environmental Documentation for the Red Hill Avenue Widening Project at the I-5 Freeway, 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 July 25, 1994, and a revised proposal dated October 13, 1994, copy of revised proposal is attached hereto, marked as Exhibit "A" and is by reference incorporated hereat as though set forth in full herein (the "Proposal"). The Proposal includes the following parts: Project Schedule, Fee Schedule and Hourly Rates. 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 Service~. 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 _July 12, 1994, a copy of which is attached hereto, marked Exhibit "B" and .11 the services included within the Consultant's proposal, (Exhibit "A"). section z: Time for Completion. It is hereby understood and mutual 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 $76,983.00. Progress payments for work completed will be paid as the work progresses, within thirty (30) days of the date 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 45 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 extended 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 job si~ conditions during the course of construction of this project, including 2 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 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 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 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 =osts, expenses and charges, including attorney's fees, arising from Consultant's negligent performance of this agreement. Consultant shall 3 . maintain in full force and effect during the term of this agreement polic 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 of this agreement, to file with City a certificate to said protection. (7) Consultant certifies that there shall be no discriminat~ 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 Project, all documents relating to the Project shall become the sole property of city. Should City terminate this Agreement pursuant to subparagraph ( of this Section, Consultant shall, within ten (10) business days of receipt 4 ---of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but no : 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 By Mayor IWA Engineers By (Signature) Llewellyn Incledon / President (Name Printed/Title) ATTEST: City Clerk APPROVED AS TO FORM: City Attorney Idb:IWAPSR Consultant proposal not attached due to its voluminous nature. A copy is available for review/inspection in the Engineering Division.