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HomeMy WebLinkAbout14 CIP 900024 04-06-98AGENoA+ DATE: APRIL 6, 1998 NO. 14 4-6-98 TO: FROM: SUBJECT: WILLIAM A. HUSTON, CITY MANAGER PUBLIC WORKS DEPARTMENT/ENGINEERING DMSION APPROVAL OF TI:W, PROFESSIONAL SERVICES AGREEMENT FOR CONSULTING ENGINEERING SERVICES FOR TFIE [RVINE BOULEVARD STORM DRAIN PROJECT FROM TR-E EL MODENA CItANNEL TO YORBA .qTRF, F,T (C T.P. NC}. 900024) RECOMqVIENDATION It is recommended that the City Council, at thek m~ting 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 CDC Engineering, Inc. to complete the environmental documentation, the final design plans and process an Encroachment Permit through the County of Orange Flood Control District for the Irvine Boulevard Storm Drain Project between Yorba Street and the El Modena Channel in the amount of $37,502.00. FISCAL IMPACT Sufficient funds have been appropriated in the 1997-98 Fiscal' Year Capital Improvement Program for completion of the design phase of the project. Final design will be accomplished this fiscal year with Tusfin Community Redevelopment A4gency-Town Center (RDA-TC) Funds. DISCUSSION The City Council is hereby requested to approve the Professional Services Agreement between the City of Tustin and CDC Engineering, Inc. for the completion of the environmental documentation, final design (plans, specifications, estimates) and processing of an encroachment permit through the County of Orange Flood Control District. Approval of the Professional Services Agreement for this project will allow staff to complete the design phase of the Irvine Boulevard Storm Drain Project to relieve flooding conditions on Irvine Boulevard and areas adjacent and upstream oflrvine Boulevard. The negotiated fee for the Professional Services Agreement is felt to be fair and reasonable for the project. BACKGROUND The Tustin Community Redevelopment Agency assigned the authority of administration of this project to the Tustin City Council at their meeting of Nox~ember 20, 1995. On November 20, 1995 the City of Tustin entered into a Professional Services Agreement with the firm of NBS/Lowry, Inc. for preliminary engineering, final design, construction engineering/surveying and environmental documentation for the subject project. Approximately 75% of the work was completed. On May 28, 1997, the City received a letter from NBS/Lowry, Inc., stating an inability to complete the project as a result of dissolving their business. With the City Attorney's recommendation, the contract with NBS/Lowry, Inc. was terminated and a Professional Services Agreement with CDC Engineering, Inc. was negotiated. The proposed Project Manager with CDC Engineering Inc. was the Project Manager for NBS/Lowry, Inc. For continuity the proposed Project Manager will provide the City with an opportunity to minimize starmp time and cost. Tim D. Seflet Director of Public Works/City Engineer Nestor Mondok Assistant Civil Engineer TDSk,NMSdb/COUNCIL: PSA CDC E~ineefing Attachmenls Wisam Altowaiji Associate Civil Engineer CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "Ci~~'', and CDC Eneineerine. Inc. a California corporation, hereinafter referred to as "Consultant". RECITALS WHEREAS, City requires the services of a consultant to furnish the necessary engineering services to comr>lete the environmental docUments. Proiect Report and Final Desi,~m for the Irvine Boulevard Storm Drain'Proiect from El Modena Channel to Yorba Street, hereinafter' referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated Januarv 20. 1998~ a copy of which is attached hereto, marked as Exhibit "A" and is by this reference incorporated into this Agreement; and WHEREAS, Consultant 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 hereinafter set forth, the parties a~ee as follows: AGREEMENT Section 1: Scol~e of Consultant's Services. Consultant shall perform all the services set forth in Exhibit "A". Section 2: Order of Precedence. In the event of a conflict between or among any of the documents comprising this Agreement, the following order to precedence shall govern the provision in question: 1. This Agreement 2. Consultant's'Proposal (Exhibit "A") -1- Section 3: Time for Comoletion. 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 A~eement 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 xvork 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. The compensation to be paid under this Agreement shall be"as set forth in Exhibit "A", not to exceed a total cost of $37,502.00. Consultant shall submit detailed invoices, based upon the actual work performed accompanied by backup documentation as requested by the City. Pro~ess payments for work completed ,shall be paid by City as the xvork pro~esses, 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 thereof. Section 5: lndei~endent Contractor. Consultant's relationship io City in the -performance of this A~eement 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 securilT, 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 cos3s, 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 A~eement policies of comprehensive general liability, personal injury and automobile liability insurance w/th limits of-at least SI,000,000 combined single limit coverage per occurrence. Consultant shall maintain 'in full force and effect during the term of this A~eement 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 a~ee in writing either (1) to purchase tail insurance in the amount required by this A~eement or to cover claims made within three (3) years of the completion of Consultant's service under this A~eement, or (2) to maintain professional liability insurance coverage w/th the same carr/er in the amount required by this A~eement for at least three (3) years after completion of Consultant's services under this A~eement. Consultant shall also provide evidence to the CiB, of the purchase of the required tail insurance or continuation of the professional liability policy by executing the attached Letter A~eement on Consultant's letterhead. · Co Consultant shall can-3, and pa3, 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 connectiori with the performance of this A~eement. 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 Aereement. City shall have the right to terminate any or all of the services covered by this Agreement at any time for any reason by ~ving x~-itten notice to Consultant. Upon termination of this A~eement, Consultant shall be paid for services rendered by the effective date of the term/nation. -3- Upon termination of this A~eement or completion of the Project, all documents relating to the Project shall become the sole property of City. Should City terminate this A~eement pursuant to subparawaph A. of this Section, Consullant shall, w/thin ten (I0) 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 t6 all completed documents and all drafts of uncompleted documents. Section 9: Notices Any notice allowed or required to be Even shall be effective upon personal deliver3.' thereof, or upon depositing thereof in the United States Postal Service, certified mail, return receipt requested, postage prepaid, addressed as follows: To CID': City of Tustin Attn: Director of Public Works 300 Centennial Way Tustin, CA 92780 To Consultant: CDC Engineering, Inc. Attn: Carlos Pineda, Project Manager 5 Wrigley Avenue Irvine, CA 92618-2711 Section 10: Miscellaneous Provisions. Consultant shall proceed immediately and diligently to perform the services provided for in this A~eement upon receipt of notice from City to proceed therex~4th. Bo No part of this Agreement may be assigned by Consultant without the prior w~-irten approval of City. Co This A~eement shall extend to and be' bindin~ 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 A~eement using that de~ee 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 A~eement. Consultant certifies that there shall be no discrimination against any employee who is employed in the work covered by this A~eement, or against any application for such employment, because of race, religion, color, sex or national origin including but not limited to, the follox~ing: 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. _..4._ IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above xwitten. "CITY" CITY OF TUSTIN By Jeffery M. Thomas, Mayor ATTEST: Pamela Stoker, City. Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attomev "CONSULTANT" CDC Engineering, Inc. By Sigmature Carlos Pineda. P.E./Proiect Mana~oer (Print Name / Title) -5-