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Home My WebLink About09 CONSULTANT SERVICES AGREEMENT - WIDEN PARK AVE IN THE DISTRICIT9 +� Agenda Item AGENDA REPORT _ a - Reviewed: City Manager Finance Director MEETING DATE: APRIL 5, 2016 TO: JEFFREY C. PARKER, CITY MANAGER FROM: DOUGLAS S. STACK, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: AUTHORIZE A CONSULTANT SERVICES AGREEMENT FOR PROJECT MANAGEMENT AND DESIGN SERVICES FOR THE WIDENING OF PARK AVENUE BETWEEN DISTRICT DRIVE AND WARNER AVENUE IN THE DISTRICT SUMMARY As part of The District development, Park Avenue was designed and constructed in its current configuration with, in some areas, single travel lanes in each direction and heavily landscaped parkways. Due to ongoing traffic concerns in The District, it is now necessary to enter into an agreement for project management and design services to widen Park Avenue between District Drive and Warner Avenue. RECOMMENDATION It is recommended that the City Council: 1. Authorize staff to request professional engineering services and enter into a Consultant Services Agreement for project management and design services in an amount not to exceed $350,000 and appropriate funds utilizing proceeds from the refinance of Community District Facility (CFD) 07-1; and 2. Amend the adopted Fiscal Year 2015-2017 Capital Improvement Program to include the project of Park Avenue Widening, between District Drive and Warner Avenue. FISCAL IMPACT Staff proposes to use undesignated unappropriated CFD 07-1 fund balance (Fund 437), which is currently $1,371,545. The implementation of this project contributes to the fulfillment of the City's Strategic Plan Goal B: Public Safety and Protection of Assets and contributes to the fulfillment of the City's Strategic Plan Goal A: Economic and Neighborhood Development, specifically the project implementation of Strategy 1, which among other items, is to continue development of critical phases of Tustin Legacy. BACKGROUND AND DISCUSSION Staff has initiated a number of requests to Vestar, the developer of the District, to identify and install significant enhancements to the traffic circulation system in The District to address the many concerns voiced by the public since The District was first opened. No improvements have been scheduled to be constructed. A preliminary review has identified the widening of Park Avenue and the addition of one lane along its' southern edge between District Drive and Warner Avenue as a viable solution to relieve congestion along that roadway. The right-of-way for future work currently exists. CSA for Project Management and Design Services for Park Avenue Widening in The District April 5.2O1O Page Staff is recommending the City Council authorize staff to enter into a Consultant Services Agreement for project management and design services for this work in the amount not to exceed $350,000. Attachment: Sample Consultant Services Agreement D:\CityCouncil Items\2010Council Item��5-2O10PamAvenue midenmg\CD Project Management and Design for Park Avenue ATTACHMENT 1 Sample Consultant Services Agreement CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into 'this _ day of - 20 , by and between the CITY OF TUSTIN, a municipal corporation, hereafter referred to as "Cib/% and a California Corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a cons uftant to furnish the necessary [engineering or other] services fort [describe project]" reinafter referred to as "Project"; and WHEREAS, in response to City's request, Consuftnt has submitted to City a proposal dated a copy of which is: attach6d, her marked as Exhibit "A" and is by this reference incorporaLted into this Agreement and WHEREAS, Consultant is quaiffiedIo provide the necessary services for the Project and desires to provide said services to City-, and WHEREAS, City desires to retain' rvices of Consultant for said Project. NQ THEREQ ORE', for the consideration and upon the terms and conditions herein �,1*11'11`1 set forth, the parties agree, as follows: AGREEMENT Section 1: Scot)e of�06nsultant's Services Consultant shall perform all work necessary to complete in a manner satisfacto to City, the services set forth in Exhibit"A" in accordance with the terms and conditions this Agreement. I I 1. This Agreement 2. Consultant's Proposal (Exhibit "A") Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social NII security, income tax withholding, unemployment compensation, worker's compensation and similar matters. Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consutwt's, its officers, agents', subcontractors', or employees' negligent acts, negligent err,olrs, or negligent omissions or st 16t lio. i Will 3 F. I 191 In 111 IN. D. Other applicable insurance requirements are: (1) Name the City, its officials and employees as additional insured on the commercial general liaty and automobile liability insurance policies. (2) The insurance shall be issued by a company authorized by the Insurance Department of the State of California and M rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if offered by a surplus line broker), by the latest edition of Best's Key Rating Guide, except that the City will accept workers' compensation insurance rated B-, Vil (seven) or better, or from the State Compensation fund. (3) The insurance shall not be cancelled, except after thirty (30) days written prior notice to the City-, and (4) The commercial general liability and automobile liability insurance shall each be primary as respects the City, and any other insurance maintained by the City sWall be in excess of this insurance and not contribute to it. 91 0. its] Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof in the United States Postal Service, certified mail, upon receipt requested, postage prepaid, addressed as follows - M TO of Tustin ADepartment": Centennial Way [, 92780-3715 Sectionf- Miscellaneous Provisions proceedA. Consultant shall provided for in this Agreement upo therewith. I B. No part of this Agreement may be assigr approval City. C. This Agreement shall extend to and • executors, administrators, and diligently to perform the services receipt notice 'froom City tp, proceed ed by Consultant wit out the prier written bilnd,ing upon and inure to the benefit of ori,land assigns of the respective parties 9 IN WITNESS WHEREOF, this Agreement was executed by the parties on the date and year first above written., "CITY" CITY OF TUSTIN M David Kendig, City Attorney "CONSULTANT" By M