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Home My WebLink AboutCC 6 AG C.D.C. ENGR. 11-16-87AGE ,DA co,~,~ CALENDAR ~_ ~ _/. NO. 6 TO: FROM: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT, ENGINEERING DIVISION SUBJECT: AGREEMENT Will{ C.D.C. ENGINEERING, INC. FOR PROFESSIONAL SERVICES FOR JAMBOREE ROAD BETWEEN IRVINE BOULEVARD AND CHAPMAN AVENUE. RECOMMENDATION: That the City Council approve an agreement with C.D.C. Engineering, Inc., Irvine, California, for plan checking services. BACKGROUND: The plans, specifications and cost estimate for this project were prepared by Hunsaker and Associates 'under contract to The Irvine Company {TIC) and are being readied for submission to the City for plan check. The project will cost over $20 million and will be financed with a combination of TIC funds, City of Orange assessment district bond funds, and City of Tustin assessment district (AD 86-2) bond funds. The plan check will require about 650 manhours and will involve plans for grading, drainage, roadway, signals, lighting, and a bridge at Peters Canyon Channel. The work will be at the direction of the City Engineer and will be compensated on a time and materials basis. As C.D.C. Engineering, Inc. performed previous plan cheCks for the City in AD 85-1 and is familiar with our standards and with the design work produced by Hunsaker and Associates, this will help achieve a smooth flowing, cost-effective process. ,, J Bob Ledger ~ Director of Public Works/City Engineer BL/REW/mv Ron-ald E. Wolford// Engineering Serv/Fces Manager PROFESSI:ONAL SER¥ICES AGREEI~NT THIS AGREEMENT, made and entered into this day of , 1987, by and between CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City"); and C.D.C. ENGINEERING, INC. 15520 "B" Rockfield Boulevard, Irvine, California 92718 (hereinafter called "Consultant"). WITNESSEllt: WHEREAS, City desires to employ Consultant to furnish the necessary professional services for plan checking of improvement drawings for Jamboree Road Between Irvine Boulevard and Chapman Avenue and the structural plan check for the Peters Canyon Channel structure 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 plan checking services; and WHEREAS, Consultant has submitted to City a Fee Schedule dated 1987, a copy of which is attached hereto marked Exhibit "A", and is by ;chis refer- ence incorporated herein as though set forth in full herein {"the Schedule"}. NOW, THEREFORE, City agrees to employ and does hereby employ Consultant to provide plan checking 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 professional services for the project. These services shall include all of the plan checking services to be performed as directed by the City Engineer. 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 accordingly to reasonable schedules established by City for the various items of work described. -1- 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 under any circumstances, regardless of the party responsible for the del ay. Section 3: Compensation. The compensation to be paid under this Agreement shall be on a time and material basis at the hourly rates as set forth in Exhibit "A". Monthly payments for work completed will be paid as the work progresses. 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. (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 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 be responsible for all errors and omissions for services performed by Consultant under the terms of this Agreement. Consultant, as a material part of the consideration of this -2- Agreement, hereby waives, on its behalf and on behalf of all others claiming through Consultant, all claims and demands against City, its agents, employees, successors and assigns, for all loss, damage, injury, sickness or death of any person resulting from the negligent performance of this Agreement, and 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 arising therefrom. Consul- tant shall maintain in full force and effect during the term of this Agreement, its existing policies of insurance for which certificates of insurance have here- tofore 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 Agree- ment, 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, col or, sex, or national origin, including but not limited to, the following: (i) 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 itemiza- tion of all work performed, and the fees accrued thereon, in complete and suffi- cient detail, to fully apprise City thereof. -3- 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 Mayor City C1 erk APPROVED AS~R~ ~J~l~ ~ ~ ~-F~jF Attorney C.D.C. ENGINEERING, INC. By: Title: -4- lC. !1::3. lC;. ENGI-NEERING INC. CIVIL DESIGN CONSULTANTS LORENZO A. GAGLIO, P.E. · ROBERT L. OZlBKO, P.E. CHRISTOPHER G. MARTIN, P.E. 15520 -B" Rockfield Boulevard - lrvine, CA 92718 · (714) 830-6801 198'/ August 1, 1987 HOURLY RATE SCHED~ · PRINCIPALS ................... $ 85.00~Hr. PROJECT ENGINEER ................ $ 67.00/Hr. DESIGNER .................... $ 60.00/Hr. DRAFTSMEN ................... CLERICAL ..................... TWO-MAN SURVEY PARTY EQUIPMENT ......... THREE-MAN SURVEY PARTY & EQUIPMENT ....... $ 50.00/Hr.. $ 27.00/Hr. $130.00/Hr. $155.00/Hr. Blueprints and reproductions will be billed as an extra at our standard billing rates (cost plus 15%). On August lstof each year, the ratified master contract agreement between the Southern California Council of Civil Engineers and Land Surveyors and the International Union of Operating Engineers, Local Union No. 12, will become effective. Accordingly, the increases neg6tiated will also be reflected in all survey work, engineering design, and other office work. (This increase shall apply only to uncompleted work as of said date. ) £XHI&I T CIVIL ENGINEERS / LAND PLANNERS / LAND SURVEYORS