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HomeMy WebLinkAboutCC 5 PROF SVCS AGREE 02-16-88CONSENT CALENDAR TO: WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: PROFESSIONAL SERVICES AGREEMENT, JAMBOREE ROAD AND OTHER PROJECTS RECOMMENDATION'· That the City Council approve a Professional services agreement with Samuel S. Johnson and authorize execution by the Mayor and City Clerk. BACKGROUND: During 1988 construction is expected to start on the following major public works projects: .Jamboree Road, Irvine Boulevard to Santiago Canyon Road. .Tustin Ranch Road, Irvine Boulevard to Jamboree Road. .Portola Parkway, Tustin Ranch Road to Jamboree Road. .Irvine Boulevard (north side), Ranchwood Road to Jamboree Road.' .Jamboree Road, Barranca Parkway to Edinger Avenue. .Upper Peters Canyon Dam and Retention Basin. These projects represent $40 - 50 million in construction cost. Project management during construction will require far greater engineering staff time than is presently available in the Engineering Division. A resident engineer will be needed to head up contract administration for each of the projects on a part-time basis. The resident engineer would coordinate and supervise inspection, testing, surveys, field changes, contract payments, utility coordination, labor compliance, correspondence, landowner relations, reports, schedule monitoring, etc. Mr. Johnson has over 21 years experience in public works project management. He has served as Director of Public Works for the Cities of South Gate, Pomona and Santa Ana and is a registered civil engineer. Bob Ledendecker Director Public Works/City Engineer ~;TindeeErin~°~ef;~ces Manager BL:REW:bf PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT, made and entered into this day of , 1988, by and between CITY OF TUSTIN, a municipal corporation (hereinafter referred to as "City"); and SAMUEL S. JOHNSON, 2816 Palmada, Mission Viejo, Califoria, 92692 {hereinafter called "Consultant"}. WITNESSETH -. WHEREAS, City desires to employ Consultant to furnish the necessay resident engineer services during construction of Jamboree Road from Irvine Boulevard to Santiago Canyon Road and during construction of other major public works projects, hereinafter collectively referred to as "Project"; and WHEREAS, ConsUltant is registered as a civil engineer in California and is : qualified to provide the necessary services in connection with said Project and has agreed to provide the necessary resident engineer services during construction of Project; NOW THEREFORE, City agrees to employ and does hereby employ Consultant to provide professional services for the Project, and City and .Consultant for the consideration hereinafter set forth, agree as follows: Section 1' scope o._~f Consultant's Services. Consultant agrees to furnish to · City consulting services for the project. These services shall include all of the resident engineer services to be per. formed during construction of Project 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. Consultant shall not be accountable for delays in in the progress of its work caused by any condition beyond his control and without -1- the fault or negligence of Consultant. Any delays shall not 'entitle Consultant to any additiona1 compensation. Section 3: Compensation. The compensation to be paid under this A.greement 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, within thirty (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 ot such termination, Consultant shall be paid for services rendered to the effective date of the termi'nation. (2) Consultan~ 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 insure 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 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 committed by Consultant in performing its services under the terms of this Agreement. ConSultant agrees to indemnify, defend 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 -2- and charges arising from Consultant's negligent performance of this Agreement. Consultant shall maintain in full force and effect during the terms of t'his Agreement, its existing policies of insurance for which certificates of insurance have heretofore been delivered to City. (6) Consultant shall provide City monthly invoices with a detailed itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereof. (7) 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 the project, including 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 municipal corporation ATTEST: City Clerk APPROVED AS TO FORM: By Mayor City Attorney SAMUEL S. JOHNSON, an individual By -3- S A M U E L S. J O-H N S 0 N 28176 Palmada Mission Viejo, CA 92692 Residence ('7')~'4) 768-6492 Messages (714) 859-0883 FEES Resident Engineer Services (Registered Civil Engineer) ............... $60.O0/hr. Additional expense~ directly related to the project - Cost plus 15% Mileage- $0.25/mile The above fees are valid until November 30, 1988 and will be adjusted each year on December I based 'on the percent change in the Consumer Price Index for All Urban Consumers for the Los Angeles-Long Beach-Anaheim Metropolitan area for the preceding year (October to October) calculated to the nearest one cent.