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HomeMy WebLinkAboutNB 1 CONST SR. CTR 02-16-88TO: WILLIAM HUSTON, CITY MANAGER F~OM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: PROFESSIONAL SERVICES AGREEMENT, CONSTRUCTION OF TUSTIN AREA SENIOR CENTER RECOMMENDATION'. That the City Council approve a professional services agreement with Richard Rimestad and authorize execution by Mayor and City Clerk. BACKGROUND: On this agenda will be a recommendation to award a construction contract for the Tustin Area Senior Center in the amount of $1,586,000. The Community Development Department/Building Division will provide code inspections on the building. In addition to the code inspections, a resident inspector representing the City will be needed. The Public Works Department/Engineering Division has no personnel available or qualified in building construction. Richard Rimestad is an individual qualified to provide the needed resident inspection which is anticipated to require 10 to 12 hours hours a week. He recently served the City of Azusa in a similar capacity on a Senior Citizens Center building project and was highly recommended to us by that City's staff. The resident inspector will inspect those items not covered by the code, will prepare contractor payments, review changes, coordinate with City staff, monitor progress, etc. It is anticipated that about 360 hours of resident inspection will be needed during the 7 - 8 months construction period. Bob Ledendecker Director Public Works/City Engineer BL: REW: b f Attach. ~nO~lndeeErin~O/~s Manager 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 RICF~RD RIMESTAD, P.O. Box 1443, Sunset Beach, California 90742 (hereinafter called "Consultant"). WITNESSETH: WHEREAS, City desires to employ Consultant to furnish the necessary professional services during construction of Tustin Area Senior Center 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 construction services; NOW, THE}~EFORE, Ci%y agrees to employ and does hereky Consultant to provide for construction 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 the City professional services for the Project as follo%.:s: 1. Act as City's resident inspector durinc construction. 2. Meet once a week with City Staff and architect's representative. 3. Provide 10 to 12 hours of services per week. It is e>3pected that two (2) hours per day will be required on site. 4. Inspect contractor's work to ensure the construction is being done as required by the plans and specifications. 5. Be on call and respond to the City whenever necessary within 24 hours. In an emergency, response should be as soon as possible. ? -1- 6. Provide code inspections as a supplement to City Building Division activities when required. 7. Monitor contractor's progress, review schedules, and report any non-conformance to the City and to the contractor. 8. Review contractor's monthly progress requests and submit in a timely fashion to City's representative. 9. Review proposed changes in plans or specifications and review any change orders and make recommendations to the City's representative. Section 2: Tim~ fOE 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 ~ork described. Consultant shall not be accountable for delays in the pregress of its work caused by any condition beyond £ts control and without the fau~.t or negligence of Consultant. Any delays shall not entitle Consultant to any additional · compensation. Section 3: Compensation. The compensation to be paid under this Agreement shall be on a time and material basis at the rate of $34.00 per hour plus out of pocket expenses. Monthly payments for work cdmpleted will be pa.id as the work progresses, within thirty (30) days of the date of Consultant's invoice. Section 47. Miscellaneous Provisions. 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 -2- / 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 thereto. 4. Consultant shall perform the'~se~;ices hereunder as an independent contractor and under no circumstances or conditions ~hall Consultant be considered as an employee or agent of tke city. . 5. Consultant shall perform all services required unde'~ this Agreement using that degree of ca~e and skill ordinarily e>[~ i~ed under similar conditions inn similar localities. 6. Consultant shall maintain in full force and effect the minimum public liability/property damage insurance required by ~ta~e law on any automobile used in connection with his this Agreement. 7. Consultant shall provide city monthly with a detailed itemization of all work performed, and the fees accrued therec~, in complete and sufficient detail, to fully apprise City thereof. 8. 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. 9. There are no understandings or agreements except as herein expressly stated. 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 Clerk APPkOVED AS TO FORM: C/ty Attorney tICHARD RIMESTAD, an individual ~y -4- TO: FROM: SUBJECT: WILLIA)! HUSTON, CITY MANAGER CHRISTINE SHINGLETON, DIRECTOR OF COMHIJNITY DEVELOPMENT REQUEST FROM TUSTIN HISTORICAL SOCIETY FOR USE OF VACANT WATER DEPARTNENT BUILDING AT 245 MAIN STREET RECOI~IENDATION It is recommended that the City Council continue this discussion of the subject matter until March 7, 1988. BACKGROUND iii The Tustin Historical Society at a regular meeting on January 18, 1988 requested that the City explore the feasibility of donating the existing vacant water department building at 245 Main Street to permit relocation of the Historical Society' s museum. While staff are continuing to evaluate the request, certain information items are still forthcoming and additional time is needed to complete the staff report on this matter. CAS 'pef