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HomeMy WebLinkAbout12 CIP 700132 04-06-98AGENDA DATE: APRIL 6, 1998 NO. 12 4-6-98 I n t e r- C o TO: FROM: SUBJECT: WILLIAM A~ HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION APPROVAL OF THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING ENGINEERING SERVICES FOR THE EDINGER AVENUE WIDENING PROJECT BETWEEN RED HILL AVENUE AND JAMBOREE ROAD (C.LP. NO. 700132) RECOMMENDATION It is recommended that the City Council, at their meeting of April 6, 1998, authorize the Mayor and City Clerk to execute a Professional Services Agreement subject to approval by the City Attorney with the firm of Robert Bein, W-dliam Frost and Associates to prepare and process the Final Design Plans, Specifications and Estimates through approval by the City of Tustin for the Edinger Avenue Widening Project between 1,400' east of Red Hill Avenue and 2,400' west of Jamboree Road in the amount of $147,313.00. FISCAL IMPACT Sufficient fi~nds have been appropriated in the mid-year budget adjustment for 1997-98 Fiscal Year Capital Improvement Program for certain phases of the project. Final design will be accomplished this fiscal year with Measure M 'l:umback Funds. BACKGROUND ~ Concurrent with the preparation of the Moulton Parkway Super Street (Smart Street) Project Repo , an Environmental Impact Report was certified by the Orange County Board of Supervisors in October 1993. The City of Santa Ana as lead agency, approved a Project Study Report and Mitigated Negative Declaration prepared by RBF in December 1997, as part of a joint project between the City of Santa Ana and City of Tustin to process a Permit Engineering Evaluation Report (PEER) through Caltrans for the widening of Edinger Avenue fi.om Ritchey Street to 1,400' east of Red Hill Avenue For the next phase of this joint project a Request for Proposal (RFP) was sent by the City of Santa Arm as lead agency to eight consulting firms. The RFP specified two segments of Edinger Avenue based on a request from the City of Tustin staff to add Segment Two in an effort to reduce the additional design cost of designing Segment Two as a separate project at a later date. Segment One is Edinger Avenue fi.om Ritchey Street to 1,400' east of Red I-rtl Avenue. Segment Two is Edinger Avenue from 1,400' east of Red Hill Avenue to 2,400' west of Jamboree Road. This segment will complete the design of a Smart Street link fi.om Ritchey Street to 2,400' west of Jamboree Road. Seven proposals were received and reviewed by an evaluation committee comprised of staff representatives fi.om the Cities of Tustin and Santa Ana. The firms were rated based on their understanding of the project objectives, qualifications and relevant experience. RBF's proposal was evaluated as the most responsive and cost effective. Their proposal demonstrated that the firm has vast experience with similar projects, a good understanding of the project objectives and a strong project team. Subsequently, the cities mutually agreed that Segment Two which is not part of the Smart Street funding would be administered by the City of Tustin under a separate Professional Services Agreement. DISCUSSION The City Council is hereby requested to approve the Professional Services Agreement between the City of Tustin and RBF for the Final Design, Plans, Specifications, Estimates of this project (Segment Two), and coordination with the Edinger Avenue Widening Project between Ritchey Street and 1,400' east of Red Hill Avenue (Segment One). Approval of the Professional Services Agreement for this project will allow staffto complete the widening of the street to full Smart Street - Local Jurisdictional Operational Section standards to relieve traffic congestion, and improve the level of service. Proposed improvements include: Three through lanes and a Class II bicycle lane in both directions; Street drainage facilities; Bus turnout lanes, compatible with OCTA proposed locations; Added parkway dimension and street/landscaping; and Curb, gutter, sidewalk, raised median and street lighting The negotiated fee for the Professional Services Agreement is felt to be fair and reasonable for the project. Tim D. Serlet Dkector of Public Works/City Engineer Nestor Mondok Assistant Civil Engineer Wisam Altowaiji Associate Civil Engineer TI)S:NM:klb/COUNCIL:PSA RBF Engineers CONSULTANT SERVICES AGREEMENT TillS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and Robert Bein. William Frost & Associates a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services for the Edinger Avenue Widening Project between 1400' east of Red Hill Avenue and 2400' west of Jamboree Road hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a technical proposal and fee proposal dated November 7, 1997. copies of which are attached hereto, marked as Exhibit "A" and a Revised Clarification of Scope of Work and Revised Fees dated March 10, 1998, a copy of which is attached hereto marked as Exhibit "B" and are by this reference incorporated into this Agreement; and WHEREAS, Consaltant is qualified to provide the necessary services for the Project and desires to provide said services; and WHEREAS, City desires to retain the services of Consultant for said Project. NOW, THEREFORE, for the consideration and upon the terms and conditions hereinagter set forth, the parties agree as follows: AGREEMENT Section 1: Scooe of Consultant's Services. Consultant shall perform all work necessary to complete in a manner satisfactory to City, the services set forth in the Consultant's Technical Proposal and Fee Proposal dated November 7, 1997, copies of which are attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement. Consultant shall also perform all the services set forth in the Revised Clarification to Scope of Work and Revised Fees dated March 10, 1998, a copy of which is attached hereto marked as Exhibit "B". Section 2: Order of Precedence. In the event of a conflict between or among any of the documentg comprising this Agreement, the following order to precedence shall govern the provision in question: 1. This Agreement 2. Consultant's Revised clarification to Scope of Work and Revised Fees (Exhibit "B") Consultant's Technical Proposal and Fee Proposal (Exhibit "A") Section 3: Time for Completion. The time for completion of the work to be performed by Consultant is an essential condition of this Agreement. Consultant shall prosecute regularly and diligently the work of this Agreement according to reasonable schedules established by the City for various items described and as outlined within Consultant's'proposal. 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. Delays shall not entitle Consultant to any additional compensation regardless of the party responsible for the delay. Section 4: Compensation. Ao The compensation to be paid under this Agreement shall be as set forth in Exhibit "B", not to exceed a total cost of $147,313.00. Bo Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. Progress payments for work completed shall be paid by City as the work progresses, within thirty (30) days of the date of Consultant's invoice. Consultant Shall provide City with a monthly itemization of all work performed, and the fees accrued thereon, in complete and sufficient detail to fully apprise City thereofi Section 5: Independent Contractor. Consultant's relationship to City in the performance of this Agreement is that of an independent contractor. Consultant's personnel performing services under this Agreement shall at all times be under Consultant's exclusive direction and control and shall be employees of Consultant and not employees of City. Consultant shall pay all wages, salaries and other amounts due its employees in connection with this Agreement and shall be responsible for all reports and obligations respecting them, such as social security, income tax withholding, unemployment compensation, workers' compensation and similar matters. Section 6: Indemnification. Consultant agrees to indemnify, defend and hold City, its officers, agents, employees, successors and assigns harmless from any loss, damage, injury, sickness, death, or other claim made by any person and from all costs, expenses and charges including attorney's fees caused by or arising out of Consultant's, its officers', agents', subcontractors', or employees' negligent acts, negligent errors, or negligent omissions or willful misconduct, or conduct for which the law imposes strict liability on Consultant in the performance or failure to perform this Agreement. 2 Section 7: Insurance. Consultant shall maintain in full force and effect during the term of this Agreement policies of comprehensive general liability, personal injury and automobile liability insurance with limits of at least $1,000,000 combined single limit coverage per occurrence. Consultant shall maintain in full force and effect during the term of this Agreement a policy of professional liability insurance coverage with limits of at least $500,000 combined single limit coverage per claim or per occurrence. If Consultant provides claims made professional liability insurance, Consultant shall also agree in writing either (1) to purchase tail insurance in the amount required by this Agreement or to cover claims made within five (5) years of the completion of Consultant's service under this Agreement, or (2) to maintain professional liability insurance coverage with the same carder in the amount required by this Agreement for at least five (5) years after completion of Consultant's services under this Agreement. Consultant shall also provide evidence to the City of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter Agreement on Consultant's letterhead. 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, and shall relieve the City from all responsibility under said laws in connection with the performance of this Agreement. All insurance required pursuant to this Section shall be issued by a company admitted in the State of California and rated A, VII or better by the latest edition of Best's Key Rating Guide. Upon eXecution of this Agreement, Consultant shall provide to City certificates of insurance on the City's form evidencing the required insurance. If self-insured for worker's compensation, Consultant shall submit to City a copy of its certification of self- insurance issued by the Department of Industrial Relations. Section 8: Termination of Agreement. City shall have the right to terminate any or all of the services covered by this Agreement at any time for any reason by giving written notice to Consultant. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of the termination. Upon termination of this Agreement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this Agreement pursuant to subparagraph A. of this Section, Consultant shall, within ten (10) business days of receipt of notice of termination, provide City with all documents within Consultant's possession relating to this Agreement and the Project, including but not limited to all completed documents and all drafts of uncompleted documents. Section 9: Notices Any notice allowed or required to be given shall be effective upon personal delivery thereof, or upon depositing thereof'in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: To City: City of Tustin Attn: Director of Public Works 300 Centennial Way Tustin, CA 92780 To Consultant: Robert Bein, William Frost & Associates Attn: Gary L. Miller, P.E. 14725 Alton Park-way Irvine, Ca 92618-2069 Section 10: Miscellaneous Provisions. Ao Consultant shall proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. No part of this Agreement may be assigned by Consultant without the prior written approval of City. This Agreement shall emend to and be binding upon and inure to the benefit of heirs, executors, administrators, successors and assigns of the respective parties hereto. 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 for services performed by Consultant under the terms of this Agreement. 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: employment, upgrading, demotion or transfer, recruitment, or recruitment advertising, lay-off or termination, rate of pay or other forms of compensation, and selection for training, including apprenticeship. IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. "CITY" CITY OF TUSTIN By Jeffery M. Thomas, Mayor ATTEST: Pamela Stoker, City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attorney "CONSULTANT" Robert Bein, William Frost & Associates By Signature Gary L. Miller. P.E./Vice President (Print Name / Title) TO BE REPRODUCED (PRINTED} ON CONSULTANT'S LETTERHEAD March 30, 1998 City of Tustin 300 Centennial Way Tustin, CA 92780 Attn: Dana R. Kasdan, Engineering Services Manager Subject: Edinger Avenue Widening Project between 1400' east of Red Hill Avenue and 2400' west of Jamboree Road (CIP No. 700132) Dear Mr. Kasdan: Robert Bein, William Frost & Associates has executed the Consultant Services Agreement for the above referenced project. In lieu of providing occurrence based professional liability insurance coverage as required by the Agreement, Robert Beirg William Frost & Associates warrants and represents that it shall maintain insurance coverage with the insurance company listed on the attachment, in the amounts indicated for at least five (5) years after the completion of the consulting services under the Agreement. Robert Bein, William Frost & Associates will provide the City with certificates of insurance coverage within the period established above in order to evidence compliance with this Agreement. Sincerely, Robert Bein William Frost & Associates ACCEPTED AND AGREED TO: Gary L. Miller, P.E. Vice President Public Work & Traffic Engineering Tim D. Seflet Director of Public Works/City Engineer APPROVED AS TO FORM: Lois E. Jeffrey City Attorney TDS:LF_J:eeg:CS,Mong Edg widening RBF.doc