Loading...
HomeMy WebLinkAbout04 M.S. WATER IMPROV 04-02-01AGENDA REPORT MEETING DATE APRIL 2, 2001 No. 04 ' 400-10 TO: WILLIAM A. HUSTON, CITY MANAGER FROM: PUBLIC WORKS DEPARTMENT/WATER SERVICES DIVISION SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT FOR GEOTECHNICAL SERVICES DURING CONSTRUCTION OF MAIN STREET WATER FACILITIES IMPROVEMENTS (CIP NOS. 6103 AND 6108) SUMMARY Staff is recommending the approval of a Consultant Services Agreement with Leighton and Associates, Inc., to provide Geotechnical Services on an on-call basis during construction of the Main Street Water Facilities Improvements. RECOMMENDATION It is recommended that the City Council approve the Consultant Services Agreement with Leighton and Associates, Inc., for Geotechnical Services during construction of the Main Street Water Facilities and authorize the Mayor and City Clerk to execute the Consultant Services Agreement on behalf of the City, subject to approval by the City Attorney. FISCAL IMPACT The Consultant Services Agreement is task oriented and Leighton and Associates, Inc., will bill for actual services performed. The total estimated cost of services to be performed for this project is $68,550. These services will be performed during FY 00/01 and FY 01/02. The FY 00/01 Capital Improvement Program Budget for the Main Street Reservoir allocates adequate funds for this work. BACKGROUND A contract for the construction of the Main Street Water Facilities Improvements (CIP Nos. 6103 and 6108) was awarded at the February 5, 2001 Council meeting to SSC Construction, Inc. Geotechnical observations and testing during the construction of this project are specialized tasks outside the capabilities of existing staff. Proposals to perform Geotechnical Services for this project were requested from several firms and three (3) proposals were received. Based upon review of the proposals, familiarity with the project area and past performance on similar projects, it is staff's recommendation that Leighton and Associates, Inc. provide the geotechnical services during construction of this project. Approval of Consultant Services Agreement for Geotechnical Services Main Street Water Facilities Improvements (CIP Nos. 6103 and 6108) April 2, 2001 Page 2 During Construction of A Consultant Services Agreement with Leighton and Associates. Inc., for Geotechnical Services during construction of the Main Street Water Facilities Improvements (ClP Nos. 6013 and 6108) is submitted for Council's consideration. Tim D. Serlet Director of Public Works/City Engineer TDS:ccg:Approval CSA geotech main St.doc. CONSULTANT SERVICES AGREEMENT THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into this 2nd day of April, 2001, by and between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as "City", and Leighton & Associates. Inc.. a California corporation, hereinafter referred to as "Consultant." RECITALS WHEREAS, City requires a consultant to furnish the necessary services for providing Geotechnical Services During Construction of the Main Street Facilities Improvements, (ClP Nos. 6103 and 6108). hereinafter referred to as "Project"; and WHEREAS, Consultant has submitted to City a proposal dated March 5, 2001, 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 agree as follows: AGREEMENT Section 1: Scope of Consultant's Services. Consultant shall perform such services, on an as-needed basis and at the direction of the City Engineer, as described in the Consultant's proposal set forth in Exhibit "A." All services shall be performed in a manner satisfactory to City. Section 2: Order of Precedence. In the event of a conflict between or among any of the documents compnsing this Agreement, the following order to precedence shall govern the provision in question: 1. This Agreement 2. Consultant's 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 -1- 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. A. The compensation to be paid under this Agreement shall be on a time and material basis as set forth n the Consultant's proposal and with a not-to-exceed cost to be set by the City for individual assignments. Hourly rates paid shall be in accordance with the billing rates as set forth in Exhibit "A." B. Consultant shall submit detailed invoices, based upon the actual work performed. accompanied by backup documentation as requested by the City. C. 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. D. 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: 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. Section 7: Insurance. A. 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. -2- 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 $1,000,000 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 the Agreement, or (2) to maintain professional liability insurance .coverage with the same carrier 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 Workers' 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, with the exception of Worker's Compensation. 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. Worker's Compensation Insurance carrier may be rated B. VII or better by 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, along with endorsements in form satisfactory to the City. If self-insured for workers' 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 A.qreement. A. 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. B. Upon termination of this Agreement, Consultant shall be paid for services rendered by the effective date of 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. 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: -3- To City: City of Tustin Attn: Director of Public Works 3,00 Centennia! Way Tustin. CA 92780 To Consultant Leighton & Associates, Inc. Ross Khiabani, Vice President/Principal Engineer 17781 Cowan Irvine, CA 92614-6009 Section 10: Miscellaneous Provisions. A. Consultant sha;I proceed immediately and diligently to perform the services provided for in this Agreement upon receipt of notice from City to proceed therewith. B. No part of this Agreement may be assigned by Consultant without the prior written approval of City. C. 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 hereto. D. 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. E. 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. -4- IN WITNESS WHEREOF, this Agreement was executed by the parties on the day and year first above written. ATTEST: "CITY" CITY OF TUSTIN By Tracy Willis Worley. Mayor Pamela Stoker. City Clerk APPROVED AS TO FORM: Lois E. Jeffrey, City Attomey "CONSULTANT' Leighton & Associates. Inc. By Ross Khiabani? P.E.. G.E. Vice President/Principal Engineer -5-