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HomeMy WebLinkAboutCC 10 CONST TRACT 12345 11-7-88CONSENT CALENDAR NO. 10 11-7-88 = NOVEI~ER 2, 1988 Inter- Com TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER COI~NITY SERVICES DE.PARTINENT ' PROFESSIONAL SERVICES AGREEHENT - CONSTRUCTION OF TUSTIN RANCH NEIGHBORHOOD PARK IN TRACT ~ 12345 RECOMMENDATION ! The City Council approve the professional services agreement with BSI Consultants, Incorporated, and authorize execution by the Mayor and the City Clerk. BACKGROUND On this Agenda will be a recommendation to award a contract for the construction of Tustin Ranch Neighborhood Park in Tract # 12345 in the amount of $499,972. The Community Development Department/Building [~ivision will provide code inspections. In addition to code inspections, a resident inspector representing the City will be needed. '" ' · . Stafi~'received proposals from two firms. The BSI Consultants, Incorporated, proposal was a full service proposal, to provide not only construction management but staking and inspection. The other firm's proposal only provided plan interpretation and could not provide the necessary inspections or engineering for the constrdction phase. ' BSI Consultants will provide construction management for the park. Thei.r services will include: Construction staking, verification of grading, plan interpretation and acting as the City's Resident Inspector. BSI is a reputable firm and has worked with the City on many other projects. The contract is based on time and materials with a "not to exceed" the amount of $30,175. Susan M. JoneS' ~/ Recreation Superintendent Royleen A. White, DirectOr .... Community & Administrative Services RAW/SMJ/bw PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into this day of .. ', 1988,' by and between CITX OF TUSTIN, a municipal corporation (hereinafter referred to as "City") and BSI CONSOLTANTS, INC., 1415 East 17th Street, Santa Aha, California 92701 (hereinafter called "Consultant"). - W I T N E S S E T E WHEREAS, City desires to employ Consultant to furnish the necessary engineering services for the construction of Tustin Ranch Neighborhood Park 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 consulting services; and WHEREAS, Consultant has submitted to City a proposal dated April 28, 1988, a copy of which is attached hereto marked 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 ser%ices 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 the City consulting services for the Project. These services sh.all include all those outlined in Consultant's proposal (Exhibit "A") and the following: 1. Act as the City's resident inspector during the construction. 2. Meet once 'per week with City Staff and contractors. 3. Inspect contractor's work to insure the.construction is being done as required by the plans and specifications. 4. Be on call to respond to the City whenever necessary within 24 hours. In an emergency, response shall be as soon as possible.- 5. Monitor contractor's progress, review schedules and report any non-conformance to the City and to the contractor. 6..' Review contractor's monthly progress payment requests and sub~'~t in ~ timely fashion. 7. Review proposed changes in plans or specifications and review any change orders and make recommendations to~ the City's representative. . Section 2: Time for ComPlet.i°n. 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 City. 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. The work of this Agreement covers 100 working days for park construction, as specified in the Specifications (Section 6-7.1). In the event time extensions and/or change orders extend the Project construction period beyond the original contract period, and/or services are desired for the 90-day planting maintenance period and/or 1 year hydroseeded area maintenance period, additional fees, if any, necessary to cover additional efforts will be negotiated separately, over and above the original fee amount. Section ~: Compensation. The compensation to be paid .under this Agreement shall be at the hourly rates set forth in Exhibit "B" with.a total cost not to exceed-$30,175.00. Monthly payments for'work completed will be paid as the work progresses, within 30 days of the date of Consultant's invoice. Section 4: Miscellaneous Provisions. A. City and Consultant further agree to the following conditions: (1) City, by notifying Consultant in writing, shall have the right to terminate any or all of the services and work 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 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 ther ewi th. (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 indep[enden.t contractor and under no circumstances or conditions shall Consultant and 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 in a careful, diligent, professional manner, and shall b~ responsible for all errors and omissions for services perform'ed by Consultant under the terms of this Agreement. Consultant agrees to indemnify and hold City, its 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 intentional acts or negligent performance of its responsibilities prescribed in this Agreement. Consultant shall maintain in full force and effect during the term of this Agreement, its existing policies of insurance for which certificates of insurance have hereto been delivered to City. City and Consultant hav~ discussed their risks, rewards and benefits of the Project and the Consultant's total fee for services. The risks have been allocated such that the City agrees that to the fullest extent permitted by law, · · Consultant's total liability to City for'any and all injuries, claims, losses, expenses, damages, or claim expenses arising out of this Agreement from any cause or causes, shall not exceed the total amount of $100,000.00. Such causes include, but are not limited to, Consultant's negligence, errors, omissions, strict liability, breach of contract or breach of warranty. (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 the 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 termina'tion, rates of pay or other forms of compensation, and selection for training, including apprenticeship. (8) Consultant shall provide City m'onthly with a detailed itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail, to fully apprise City thereof.. (9) 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 contritions, during the course of construCtion of the Project, includin~~ safety of all persons and property and that this requirement shall be made to apply continuously and not be , limited to normal working hours. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. CITY OF TUSTIN, a municigal corgoration BY: Mayor ATTEST: City Clerk .M: iROUR Z City Attorney BSI CONSULTANTS, INC. BY: JGR:se :D:10/11/88 (1155) CONSULTANTS, INC. Consultants to Governmental Agencies April 28, 1988 · MAY £ 1988 Ms. Susan M. Jones Recreation Superihtendent City of Tustin 300 Centennial Way Tustin, California 92680 SUBJECT: Revised Proposal for Construction Managemeht Services for 4.2 Acre Park at E1 Camino Real and Park Center Lane Dear Susan: As a follow-up to the March 30, 1988 correspondence from BSI, we have been provided with a preliminary set of construction drawings for this park site. With specific information now available to us, we .have been able to re-assess the specific efforts necessary to provide the scope of services we detailed in that March. 30 correspondence. BSI.CONSULTANTS, INC., proposes to provide these services at the following fees: _TTDe of Serv%ce ~ee Construction Staking Verification of Grading Construction Management $11,625.00 1,600.00 16.95..0.00 $30,175.00 Please do not hesitate to contact me for any additional questions, and we remain very interested in providing a high quality service to the City of Tustin on this exciting park development project. Respectfully submitted, BSI CONSULTANTS, INC. Richard A. Fisher, LA #1429 Vice President Landscape Architecture Services RAF: sh ' cc. Ron Wolford 141 5 East 17th Street · Santa Ana, California 92701 · (714) 558-1 952 A 8erryman & Steohenson Industries Company EXHIBIT 'B' BSI CONSULTANTS, INC. SCHEDULE OF HOURLY RATES April, 1988 CLASSIFICATIONS HOURLY RATE Principal Landscape Architect Construction Inspector Landscape Advisor Landscape Construction Inspector Building Construction I~spector Licensed Land Surveyor Party Chief - 2-Person Survey Crew Party Chief - 3-Person Survey Crew supervising Land Surveyor $ 95.00 49.00 65.00 49.00 49.00 76.00 142.00 170.00 72.00 Out-of-pocket expenses (blueprinting, reproduction and printing) will be invoiced at cost plus 15%. A 15% fee for administration, coordination and handling will be added to subcontracted services. Mileage will be invoiced at $0.22 per mile. The Schedule of Hourly Rates is effective through March 31, 1989. Rates may'.~oe adjusted after this date to compensate for labor' cost adjustme~-t$ and. other increases due to inflationary trends.