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HomeMy WebLinkAboutCC 7 TRAFFIC SIG INTER 01-07-85CONSENT CALENDAR TO: WILLIAM HUSTON, CITY MANAGER FROM: BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER SUBJECT: CONSULTANT AGREEMENT - NEWPORT AVENUE TRAFFIC SIGNAL INTERCONNECT/ MODIFICATION PROJECT - FILE ~1496 RECOMMENDATION: That the Tustin City Council, at their meeting of January 7, 1984, authorize the Mayor to execute Agreement No. 5271-841 for the engineering services for Newport Avenue Traffic Signal Interconnect/Modification between Nisson Road and Sycamore Avenue. BACKGROUND: The Newport Avenue Traffic Signal Interconnect/Modification Project provides for an interconnected system between Nisson Road and Sycamore Avenue. It will also provide for signal equipment modifications at Mitchell Avenue, McFadden Avenue and Walnut Avenue to provide for improved left turn movements. This project is federally funded as a Federal Aid Urban (F.A.U.) Project with a cost distribution as follows: F.A.U. Share (86%) ............... $201,200 City of Tustin Share (14%) ....... '32,800 Total Estimated Cost ............. $234,000 Funding in these amounts has been appropriated in the 1984-85 budget. DISCUSSION: It is proposed to utilize the ctty"s Consultant Traffic Engineer to prepare the plans, specifications and e~timate to be utilized in advertisement of bids. A fee proposal has been solicited from the consultant firm, Berr3~nan and Stephenson, Inc., in the amount of $10,000.00 for said engineering services. The attached Consultant's Agreement, which has been prepared by staff, is of the format utilized for past F.A.U. projects and has been reviewed and approved by both the City Attorney"s office and by CalTrans/Federal Highway Administration. The signal installation at Sycamore Avenue and Newport Avenue will proceed prior to or concurrently with this project, but will be financed under separate funding. Bob Ledendecker Director of Public Works/City Engineer BL:jr Attachment AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES (NUMBER 5271-841) FOR NEWPORT AVENUE TRAFFIC SIGNAL INTERCONNECT AND SIGNAL MODIFICATION BETWEEN NISSON ROAJ) AND iSYC~d~ORE AVENUE THIS AGREEMENT is made and entered into this day of , 1984, by and between the-CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "CITY" and the firm of BERRYMAN AND STEPHENSON, INC., a California Corporation, hereinafter referred to as "ENGINEER". WITNESSETH WHEREAS, CITY intends to prepare Preliminary Plans and Specifications for the traffic signal interconnect system and traffic signal modification of various intersections, along Newport Avenue between Nisson Road and Sycamore Avenue, hereinafter referred to as "PRELIMINARY PLANS"; and WHEREAS, ENGINEER has submitted a proposal dated July 30, 1984 to CITY to perform the professional engineering services in conjunction with the preparation of said PRELIMINARY PLANS (hereinafter referred to as Exhibit "A" and incorporated herein as though set forth in full herewith; and WHEREAS, CITY desires to accept said proposal; NOW THEREFORE, in consideration of these premises, the parties hereto agree as follows: I. GENERAL A. CITY engages ENGINEER to perform the services hereinafter described in Exhibit "A" for the compensation herein s~ated. B. ENGINEER agrees to perform said services upon the terms and conditions hereinafter set forth. C. ENGINEER represents that it employs, or will employ, at its own expense, all personnel required in performing the services required under this Agreement. D. ENGINEER agrees that all services required hereunder will be performed under its direct supervision, and all personnel engaged in the work. shall be fully qualified and shall be authorized or permitted under State and local law to perform such services~ The ENGINEER shall not sublet or transfer any work except as otherwise provided herein. -1- £. ENGINEER shall c~ly with all Federal, State and local laws and ordinances applicable to the wor~. II. Services to be Performed by ENGINEE~ ENGINEER hereby agrees to perform all the services as outlined in Exhibit "A" attached hereto and by this reference made a part hereof. III. Duties of CIl'f CIl~f hereby agrees to supply ENGINEER all information, materials, data, reports, records' and maps possessed by CITY, and necessary for carrying out the work outlined in Exhibit "A" hereof,, without charge by Cll~ and CITY shall cooperate in every way reasonable in carrying out its responsibilities without delay. 1¥. Ownership of Documents Original drawings, reports, notes, maps, and other documents relating to the PRELIMINARY PLANS shall become the property of the CIl~f and may be reproduced as deemed necessary by the Public Works Director or his designated representative. V. Engineer in Charge James H. Kawamura, R.C.E. shall be the Engineer in Charge of the PRELIMINARY PLAN preparation. In the event of termination of the Engineer in Charge, the designated replacement shall be a licensed Civil Engineer in the State of California and subject to approval of CITY. VI. Right of Termination. A. CIl~f may terminate this Agreement at any time for its own convenience by giving written notice to ENGINEER of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. In that event, all finished or unfinished documents and other materials shall, at the option of CIl"f, become its property. If this Agreement is terminated by CIl~f as provided herein, ENGINEER will be paid a total amount equal to his percentage of cowletion as of the termination date. "Percentage of co~letion" shall include direct labor costs, employee benefits, overhead, direct costs and the pro-rated amount of the net fee, as set forth in Exhibit "A", but not to exceed the maximum fee set by this Agreement under section IX, following.. B. CIl~f may, by written notice to ENGINEER, also terminate the. whole or any part of this Agreement in any of the following circumstances: 1. If ENGINEER fails to perform the services called for by this Agreement within the time specified herein or any extension If ENGINEER fails to perform the services called for by this Agreement or so fails to make progress as to endanger performance of this Ag. reement in accordance with its terms, and in either of these two circumstances does not correct such failure within a period of ten .(10)' days (or such longer period as CITY may authorize in writing) after receipt of notice from CITY speci fyi ng such fail ure. Furthermore, if this Agreement is terminated as provided above, CITY may require ENGINEER to provide all finished or unfinished documents, data, studies, services, drawings, maps, photographs, reports, etc., prepared by ENGINEER. Upon termination as provided above, ENGINEER shall be paid a total amount equal to the value of the work performed. In ascertaining the value of the work up to ~he date of termination of this Agreement, consideration shall be given tobo~hcompleted work and work in progress, to complete and incomplete drawings, and to other documents whether delivered to City or in possession of ENGINEER and to authorized reimbursable expenses. VII. If, after notice of termination of this Agreement under the provisions-outlined-her~in-abov~ i~is-determined for any reason that ENGINEER was not in default under the provisions'of this Section VI-B, or that the default under the provisions of Subsection VI-B was excusable, then the rights and obligations of the parties shall be the same as if the notice of termination has been issued pursuant to Subsection VI-A. Coordination ENGINEER shall wor~ closely and cooperate fully with Public Works Director or his designated representative, CalTrans, and FHWA. l~e Public Works Director or his designated representative shall be the principal officer of CITY for liaison and shall constantly review and 'give his approval of the details of the work as it progresses, subject to overall review by *CalTrans and FHWA. Reviews at appropriate stages of the work may be made by CITY, CalTrans, and FHWA. -3- VIII. IX. .Time of Completion The execution of the Agreement by the parties hereto constitutes an 'authorization to proceed. The ~rk requt~d as set for~ in Exhibit "A" Shall-convince within ten (lO) calendar days of the CITYLs written notification to proceed and be completed within seventy-five (75) calendar days, Contingent upon actual revt~ and approval time requiraents. If the ~ is delayed at any time by reason of a suspension ordered by CI~ or because of any other act of CITY, or if the work should be delayed at any time by reason of strikes, acts of God, the publtc eries, fire, floods, epidemics, quarantine restrictions, freight abargoes, abhor1 force, violence of ~e el~ents, or for any other unforeseeable cause beyond the control and without the fault or negligence of ENGINEER, or for any other reason which, in the opinion of CITY is proper justification for such delay, then ENGINEER shall be entitled to an extension of time equivalent to the time actually lost by such delay. ENGINE£R shall file a written request with CITY for an extension of time within ten (10) days following the beginning of such delay and failure to do so shall constitute a waiver thereof; provided, that in case of a continuing cause of delay only one claim will be necessary. CITY shall decide whether and to what extant any extension of time shall be allowed. A request for an extension of time or granting of am. extension of time shall not constitute a basis for any claim against CITY for additional compensation. ENGINEER shall be deemed to have waived any claim for additional compensation and does hereby so waive any such claim unless he shall, at the time of filing a claim for additional compensation on account of such delay. Fee Schedule and Payment The basis of payment for the services provided under this Agreement shall be cost-plus-a-net fee. A. The Local Agency shall reimburse the Consultent for actual costs (including labor costs, employee benefits, overhead and other direct costs) incurred by the Contractor in performance of the wor~, in an amount not to exceed sg,ogo.50 exclusive of any net fee. Actual costs shall not exceed the estimated wage rates and other costs as set forth in the ContractorLs p~oposal. -4- XlI. XIII. B. In addition to the costs referred to in paragraph 1 of this Article, the Local Agency shall pay the Contractor a net fee of $909.05. Said net fee shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. C. Total expenditures made under this contract including the net fee shall not exceed the sum of $9,999.55. D. CITY agrees to pay the ENGINEER for services rendered under this agreement in accordance with the following provisions: 1. ENGINEER shall submit to CITY during each month of the term of this Agreement, a certified invoice based on a percentage of completion of services described in Exhibit A. 2. Promptly after the receipt of each invoice, but in no event later than thirty (30) days after this receipt and approval, CITY shall make a partial payment based on the invoice amount of allowable costs. Project Scope Revisions No change in the character, extent, or duration of the work to be performed by ENGINEER shall be made except by a supplemental agreement in writing between CITY and ENGINEER and approved by CalTrens. The supplemental agreement shall set forth the changes of work, the extensions of time and the adjustments of the fee to be paid by CITY to ENGINEER, if any. In special cases where it is essential that extra work or changes in work be performed immediately, execution of the supplemental authority covering such change shall be accomplished as soon as practicable. Hold Harmless ENGINEER shall defend, indemnify and save harmless CITY the State of California and the Federal Government and their officers and employees, from any damage or liability arising from any errors, omissions, or negligence in ENGINEER"s performance of this Agreement, or in the engineering work or services herein provided. Subcontracts ENGINEER shall not subcontract any portion of the work required by the Agreement, provided in Exhibit "A" without the prior written approval of CITY and CalTrans. Cost Accountin~ and Audits ENGINEER and his subconsultants shall maintain complete and accurate records with respect to costs incurred under this Agreement to include the records supporting cost proposals used to enter into a contract with CITY. XI. XIV. X¥. All such records shall be maintained on a generally accepted accounting basis and shall be clearly identifiable. ENGINEER and his subconsultants shall make available to the representative of CITY, CalTran$, and FHWA, or their appointees, during normal business hours, all such bonds and records, and the right to examine and audit the same, and to make transcripts therefrom as necessary, and the ENGINEER and his subconsultants shall allow inspection of all work data, documents, proceedings, and activities related to the Agreement for a period of four (¢) years from-the date of final payment under this Agreement. ENGINEER and his subconsultants shall maintain records to show actual time and allowable costs with respect to each task set forth in the Exhibit "A" as required by CalTran$ and FHWA. ENGINEER shall permit the authorized representative of CITY, the U.S. Department of Transportation and Comptroller General of the United States to inspect and audit all data and records of ENGINEER relating to his performance under this contract. Reviews at appropriate stages during the work may be made by CITY, CalTrans, and PHWA. Non-solicitation Warranted ENGINEER warrants that he has not employed or retained any company or person, other than a bona fide employee working solely for the consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, CITY shall have the right to annul this Agreement without liability or in its discretion to deduct from the contract price or consideration, or likewise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Conflict of Interest Prohibited interests are as follows: No officer, member or employee of' CIl~ during his tenure or one year thereafter shall have any interest, direct or indirect, in this Agreement or the proceeds thereof. The parties hereto cevenant and agree that, to their knowledge, no member of the City Council, officer Or employee of CITY has any interest, whether contractual, non-contractual, financial or otherwide, in this transaction, or in business of the contracting party other than CITY, and XVI. X¥II. that if any such interest comes to the knowledge of either party at any time, a full and complete disclosure of all such information will be made in writing to the other party or parties, even if such interest would not be considered a conflict of interest under applicable laws. £NGINEER hereby covenants that he has, at the time of the execution of this Agreement, no interest, and that he shall not acquihe any interest in the future, direct or indirect, which would conflict in any manner of degree with the performance of services required to be performed pursuant to this Agreement, ENGINEER further covenants that in the performance of this work, no person having any such interest shall be employed. Congressional Conflict of Interest Interest of member of or delegates to Congress shall be restricted as follows: No member of or delegate to the Congress of the United States nor any Resident Commissioner shall be admitted to any share or part of this Agreement or to any benefit arising therefrom. Civil Rights Act A. Co~liance with Civil Rights Act. In connection with the execution of this contract, ENGINEER shall not discriminate against any employee or applicant for employment because of race, religion, color, sex or national origin. ENGINEER shall take affirmative reactions to insure that applicants are employed and that employees are treated during their employment, without regard to their race, religion, color, sex or national origin. Such actions shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The applicable provisions of Executive Order 112¢6 relating to Equal Employment Opportunity by this reference are incorporated herein and made a part thereof. Wherever the word "contractor" appears to said Executive Order, it shall mean ENGINEER. B. Non-discrimination Civil Rights Act of 1964. ENGINEER, with regard to the work performed by it after award and prior to completion o? the contract work, will comply with the regulations of the Department of Transportation relative to non-discrimination in federally-assisted programs of the Department of Transportation (49CFR21). -7- C. Solicitations for Subcontracts, includtnt Procurements of Materials and Equipment. In all solicitation, either by competitive bidding, or neg. otiation, made. by ENGINEER for work to be performed under a subcontract, including p~ocuremen~ of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by ENGINEER of ENGINE£R"s obligations under this contraci and the regulations relative to non-discrimination on the grounds of race, religion, color, sex or national origin. D. Information and Reports. ENGINEER will provide all information and reports required by the CalTrans or FHWA regulations or orders and instructions issued pursuant thereto and will permit access to its books, records, accounts, and other sources of information, and its facilities as may be determined by CITY, CalTrans, or FHWA to be pertinent to ascertain compliance with such regulations, orders, and instructions. Where any information required of an ENGINEER is in the exclusive possession of another'who fails or refuses to furnish this information ENGINEER shall so certify to CITY, CalTrans or FHWA as appropriate and shall set forth what efforts it has made to obtain the information. E. Sanctions for Non-co~liance.' In the event of ENGINEERLs non-compliance with the non-discrimination provisions of this contract, CITY shall impose such contract sanctions as CITY, CalTrans or FHWA may determine to be appropriate, including, but not limited to 1. Withholding of payments to ENGINEER under this contract until ENGINEER complies; and/or 2. Cancellation, termination or suspension of the contract, in whole or in part. In the event that legal action is co,,.,,enced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney"s fees in an amount to be determined by the court. XVIII. Assignment This Agreement shall be binding on the successors and assigned of the parties, but it shall not be assigned by ENGINEER without the prior written consent of CITY. XIX. Contractual Relationship ENGINEER shall be an independent contractor, not an e~loyee of CI~f. IN WITNESS WHEREOF, said parties have executed this Agreement as of the date and year first above written. ATTEST: CIl~f OF llJSTIN a municipal corporation By: City C1 erk Mayor APPROVED AS TO FORM: City Attorney BERRYMAN AND SI~[PHENSON, INC. -9- C£ET[F[CAT[ON OF CITY OF TUST[N ! hereby certify that I am the Mayor of the City of Tustin and that the consulting firm of BERRYMAN AND ST£PHENSON, [MC. or its representative has not been required, directly or indirectly, as an expressed or implied condition in connection with obtaining or carrying out this agre~nt to: (a) Employ or retain, or agree to employ or retain, any firm or person, or (b) Pay, or agree to pay, to any firm, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): None I acknowledge that this certificate is to be furnished to the State of California, the Federal Highway Administration and U.S. Department of Transportation in connection with this agreement involving participation of Federal-aid highway funds, and is subject to applicable State and Federal law, both criminal and civil. Date: Mayor, City of Tustin CERTIFICATION OF ENGINEER I HEREBY CERTIFY that I am the Vice President and duly authorized representative of the firm BERRYMAN AND STEPHENSON,-INC., whose address is 1415 East'Seventeenth St., Santa Aha, CA, and that neither I nor the above firm I herein represent has: (a) Employed or retained for a commission, percentage, brokerage, contingent fee, or other consideration, any firm or person {other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Agreement; (b) Agreed, as an expressed or implied condition for obtaining this contract, to employ or retain the service of any firm or person in connection with carrying out the Agreement; or (c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation, or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; except as herein expressly stated (if any): None I acknowledge that this Certificate is to be furnished to the State Department of Transportation in connection with this Agreement involving participation of Federal-aid highway funds and is subject to applicable State and Federal laws, both criminal and civil. Date: (Signature) RECEIVED AUG 0 ! lg84 ,'- ~ TUSTil PUBLI~ WORKS DEPT. July 30, 1984. Hr. Bob Ledendecker, Director or Public Works/City Engineer City or Tustin 300 Centennial Way Tustin, California 92680 SUSJECT: PROPOSAL FOR ENOXNEERXN~ DESIGN SERVICES - NEWPORT AVENUE TRAFFIC SIGNAL INTERCONNECT AND MODIFICATION PROJECT Deer Bob: '.: uee~ BERRTHA~ & STEPHE~S'O~, ~gO. is pleased Pursuent to your ~e~_ , --~ detailing our design ~ees,to - ~er ropomm~ per,orB p~e~zmxne? _~,~* s ~PStE) ~or' the cone~r~ctxon{ cations, moa cou~ ......re_. ' nect· s~ems specifi _ - - ---- -~--- s end/or intercom _Y .... modiricattonm o~.trm~zz~..--s--~___ u----oft Avenue in the czty ,mrious intersection Xocetxons manna ~ustin, California. ' ' The proposed Scope o£ Services,':'~r°d~cts' Schedule, and sion&l Fee ers presented below. · PRSNSON, INC. will Beet with City staff to I. BRRRYMAN ~_ STE .. .~ ~4 ~' the subject traffi~ discuss,· the cri~erie..__~_:_ +. be designed. "is-bui~t signals/intercoms __ one es well se other drauingm or the intersection Xocsti , ' ion will also be collected mt this meeting. relevmn} ?rosTer .._ -satin-- · complete field be conducted mt the .project ~ntersectLone to aesxet subsequent traffic signal design. n lens end cost estimates will be prepared IX. PreliminarT desig p .... . .... ~--m will take into con--' for approval by the_~itY*___~;e[~--eigning and striping sideration .inter~ect~?n s~~ '~ich mmy influence requirements, and other zac~-- he reparation of sp that t P uer 1981. California Standard Specifications, 3an esi n pl&ns ~ill h'm'submitted to the City XXX. Th. preliminary d g. These pla~s will also be su~itte~ -- ~or review en~ coeBen,~. ate utility companies for vertficstxon oz the appropri · or utility to environmen%ml permit utility locations. _A~_~ .... the subject traffic signals clearance necessary to ~-e- .... t will he pursued at this time. Exhibit "A" Page 1 of 2 Hr. Bob Ledendecker July 30, 1984 Page Two XV. Upon approval by the City of the preliminary engineering plans, and verification of utility locations by. the affected utility companies, final PSLE will be prepared in accordance with applicable local and state standards. The Final plan will. clearly and accurately depict the geoeetric design of the traffic signals and/or interconnect eystees. Also, the plane will show separate phasing diagrams, conductor schedules, pole schedules, and' detector schedules. These plans will also show general and construction notes, utility. relocations (ir necessary), and other pertinent details. 'The special provisions will include nil necessary information to assist the City in its construction bidding process. Th~. final PS&E also will Include detailed coot and quantity estimates. Our plane- would be delivered on photoeylars using standard 24'x 36# drafting mheets and appropriate City title block Infornation. We propose to subset our preltmtnar~ plans, within 6 weeks following the .notice to proceed and the fina~ plans ean be, submitted within 2 weeks following City approval of the preliminary plan. Baaed on the scope of services herein described, BBRRYMAN t STEPHBNSON,~ XN¢. proposes a fee of- $10,000 (ten thousand dell'ars) and is. based on an estimated Fee of $2000 for each of the five intersections involved with the project. The fee amount includes the preparation of preliminary and final plea'm, specifications, and estimates for the subject intersection locations. We a~preciate tho opportunity to rabmit'thte proposal. Should you have any questions regarding our proposed scope of work, schedule, or professional fees, please do not hesitate to call Be at. your convenience at (714) $$8-1952. Very ?rdl7 Yours, BERRYMAN & STEPHENSON, XNC. Vice President/Urban Systems Division Exhibit Page 2 of EXHIBIT B-1 CITY OF TUSTIN NEWPORT AVENUE TRAFFIC SIGNAL INTERCONNECT & MODIFICATION BETWEEN NISSON ROAD & SYCAMORE AVENUE JUSTIFICATION OF FEE PROPOSAL DIRECT LABOR HOURS MAX. RATE EXTENSION Project Manager/Registered Engineer Traffic Engineering Associate Oestgner/Oraftsperson Clerical 2O $ 25.00 80 19.90 116 [2.70 4 8.00 Total Direct Labor EMPLOYEE BENEFITS e GENERAL & ADMIN. OVERHEAD 44.23 % OF LABOR 105.77 % OF LABOR DIRECT COSTS QUANTITY Materials & Supplies Reproduction Travel (Automobile Mileage) Lump Sum Lump Sum 10 Miles Total Direct Cost SUB-TOTAL NET FEE 10% OF SUB-TOTAL TOTAL ESTIMATED COST TOTAL NOT-TO-EXCEED FEE PROPOSAL =.-- ----.,:=__..,,,.====__-__-__-__-==__-.==-__---==__ -- COST/UNIT $ 20.00 75.00 0.25/Mi 1 e $ 500.00 1,592.00 1,473.20 32.00 $ 3,597.20 1,591.04 3,804.76 EXTENSION $ 20.00 75.00 2.50 $ 97.50 9,090.50 909.05 9,999.55 $10,000.00 SUMMARY Direct Labor Employee Benefits General & Administrative Overhead Direct Costs Net Fee Total Estimated Cost 3,597.20 1,591.04 3,804.76 97.50 909.05 9,999.55 TOTAL NOT-TO-EXCEED FEE PROPOSAL $10,000.00 EXHIBIT "B" BERRYMAN & STEPHENSON, INC. ALLOWABLE OVERHEAD ANALYSL~ EFFECTIVE APRIL 1, 1984 BASED ON YEAR ENDED MARCH 31, 1984 Direct Labor (Basis for Allocation) Overhead Items Indirect Labor Payroll Related Costs: Payroll Taxes 9.64 Group & Workman"s Cow. Insurance 12.14 Vacations, Holidays & Sick Pay 15.59 Rettrement P1 an Accounting & Legal Management & Consulting Occupancy Engineering & Office Expense & Supplies Insurance Meetings, Seminars and Travel Auto Expense Communications Data Processing & Library Taxes & Licenses Depreciation Miscellaneous 6.86 Total Overhead Percent 100.0 54.27 44.23 9.93 3.86 8.33 5.18 5.47 9.30 3.63. 1.41 1.03 7.31 1.02 169.24 Overhead Rate Used 1~0.00