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HomeMy WebLinkAboutCC 9 DSGN STORM DRAINS 3-7-88 · :. ~ _... J? ~ CONSENT CALENDAR DATE: MARCH 7, 1988 ~O~%7 I TO: WILLIAM HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION SUBJECT: PROFESSIONAL SERVICES AGREEMENT FOR DESIGN OF STORM DRAINS IN PROSPECT AVENUE AND IN EDINGER AVENUE RECOMMENDATION: That the City Council, at its regular meeting on March 7, 1988, approve a professional services agreement with GPS Consulting Civil Engineers . and authorize execution by Mayor and City Clerk. BACKGROUND: Two remaining storm drain projects are in the 1987-88 budget: Prospect, First to Irvine Edinger, Del Amo to Red Hill Total $111,000 .180,000 $291,000 As City engineering staff availability is not adequate for meeting the schedule, proposals for project design were requested from three qualified firms. They are listed below along with their proposed fees: GPS Consulting Civil Engineers BSI Consultants, Inc. CDC Engineering Inc. $ 20,135 25,720 35,000 GPS Consulting Civil Engineers has capable personnel to perform these services and is recommended for this assignment. It is anticipated that the design work will be completed about April 15 and construction would start about June 15. Bob Ledendecker - Ronald E. W~l-for~/-:' Director of Public Works/City Engineer Engineering Services Manager ~.L: REW: b f 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 GPS CONSULTING CIVIL ENGINEERS, 17821 E. 17th Street, Tustin, California 92680, (hereinafter called "Consultant"). WITNESSETH: WHEREAS, City desires to employ Consultant to furnish the necessary professional services for design of storm drains in Prospect Avenue between First Street and Irvine Boulevard and in Edinger Avenue between Del Amo Avenue and Red Hill Avenue, hereinafter referred to as "Project"; and WHEREAS, Consultant is qualified to provide the necessary services · n connection with said Project and has agreed to provide the necessary design services; and WHEREAS, Consultant has submitted to City a proposal dated February 17, 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 for design services for the Project, and City ~nd 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. These services shall include those services outlined in City's request for proposal dated February 8, 1988 and in Consultant's proposal. 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. ~onsultant agrees that it shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established · by City for the various items of work described. 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. ,~ Section 3: Compensation. The compensation to be paid under this Agreement shall be a fixed fee 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. 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 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 services hereunder as an .ndependent contractor and under no circumstances or conditions shall Consultant or any of its agents, servants and employees be considered as an employee or agent of the City. -2- 5. Consultant shall perform all services required under this ~greement 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 and charges arising from Consultant's negligent performance of this Agreement. Consultant shall maintain in full force and effect during the terms of this Agreement, its existing policies of insurance for which certificates of insurance have heretofore been delivered to City. 6. Consultant shall carry and pay for such workers compensation insurance as is necessary to fully protect Consultant and ~ts 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 termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. -3- 8. Consultant shall provide City monthly.with a detailed Ltemization of all w6rk 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 contruction 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. 10. 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: City Clerk APPROVED ~"~ t y Attorney By Mayor GPS CONSULTING CIVIL ENGINEERS By. Title: -4- consulting civil engineers February 17, 1988 17821 E. 17th. Street Suite 295 Tustin, California 92680 (714) 832-4707 Mr. Ronald E. Wolford Engineering. Services Manager Department of Public Works/Engineering City of Tustin 300 Centennial Way Tustin, CA 92680 Reference: Proposal for Design Storm Drains in Prospect, First to Fourth and Edinger Avenue, Del Amo To Red. Hill Dear Ron: G.P.S. proposes to provide design services for the reference project for a total fee of $20,135. Our proposal is based on your Request For Proposal dated 2/8/88. The fee does not include printing for bidding purposes or permit/plan check fees for E.M.A. Our'fee does not include a soil report. The fee proposed is for a storm drain in Edinger, from Red Hill to the west side of Del Arno. The City would be responsible for securing the permit from the railroad. Our plans will include a title sheet and all necessary details. Plans will be prepared on 20 scale. PROJECT TEAM Project Management - Norman K. Spielman, Principal Project Design - Noel Torkelson, Principal Designer - Fred Poolman, Office Manager  cerely, Norman NKS:lkb EXHIBIT "A"