HomeMy WebLinkAbout19 AG REDHILL/OLWYN 01-03-05
AGENDA REPORT
Agenda Item
Reviewed:
MEETING DATE: JANUARY 3,2005
TO: WilLIAM A HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: ADDITION OF RED Hill AVENUE/OlWYN DRIVE PEDESTRIAN
ENHANCEMENT PROJECT TO THE FY 2004/2005 CAPITAL
IMPROVEMENT PROGRAM AND APPROVAL OF CONSULTANT
SERVICES AGREEMENT FOR DESIGN OF THE PROJECT
(CIP NO. 4067)
SUMMARY
Staff is proposing a project to design and construct pedestrian enhancements on Red
Hill Avenue at Olwyn Drive to improve driver awareness of pedestrians crossing at that
location. The Project is not currently included in the City's Capital Improvement
Program. Therefore, it is recommended that the Red Hill Avenue/Olwyn Drive
Pedestrian Enhancement Project be added to the City's FY 2004/2005 Capital
Improvement Program. Approval of a Consultant Services Agreement with Katz, Okitsu
and Associates (KOA) is recommended in order to provide design services for the
project.
RECOMMENDATION
It is recommended that the City Council add the Red Hill Avenue/Olwyn Drive
Pedestrian Enhancement Project (CIP No. 4067) to the FY 2004/2005 Capital
Improvement Program, approve the Consultant Services Agreement with Katz, Okitsu
and Associates for design services in the not to exceed amount of $8,000, and
authorize the Mayor and City Clerk to execute the Consultant Services Agreement on
behalf of the City.
FISCAL IMPACT
The consulting fee for design services is $8,000. On December 6, 2004 the City
Council authorized the use of Fiscal Year 2004/2005 Motor Vehicle Registration
Subvention Funds (anticipated to be $80,000) for the design and construction of the
Red Hill Avenue/Olwyn Drive Pedestrian Enhancement Project.
BACKGROUND
The existing school crosswalk on Red Hill Avenue at Olwyn Drive serves students going to
the Red Hill Lutheran School on the east side of Red Hill Avenue, as well as other
pedestrians from the area crossing Red Hill Avenue. Enhancements to the crosswalk are
being planned to improve driver awareness of pedestrians in the crosswalk.
Addition of Red Hill Avenue/Olwyn Drive Pedestrian Enhancement Project to the FY
2004/2005 Capital Improvement Program and Approval of Consultant Services Agreement
for Design of the Project (CIP No. 4067)
January 3, 2005
Page 2
Katz, Okitsu and Associates is a local consulting firm with extensive experience in
designing pedestrian enhancements for crosswalks throughout California. KOA has
provided a proposal and scope of work to design improvements for the Red Hill
Avenue/Olwyn Drive crosswalk. Under its scope of work, KOA will identify and evaluate
alternatives for enhancing the existing crosswalk. Alternatives to be considered include,
but are not limited to, flashing lights imbedded in the pavement at the crosswalk, as well as
flashing beacons in advance of the crosswalk. Based upon the evaluation, design plans
and specifications will be prepared. The tentative schedule of improvements includes
design completion in late spring of 2005 and construction in the summer 2005.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan
Engineering Services Manager
Attachments: Location Exhibit
Consultant Services Agreement
S:\City Councilltems\2005 Council ItemslApproval ofCSA - Katz. Okitsu Assoc. - Red Hill - Olwyn.doc
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CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTANT SERVICES, is made and entered into
this day of , 20_, by and between the CITY OF TUSTIN, a
municipal corporation, hereinafter referred to as "City", and Katz, Okitsu & Associates, a
California Corporation, hereinafter referred to as "Consultant".
RECITALS
WHEREAS, City requires the services of a consultant to furnish the necessary
engineering and planning services for the Red Hill Avenue and Olwyn Drive Crosswalk
Enhancements hereinafter referred to as "Project"; and
WHEREAS, in response to City's request, Consultant has submitted to City a
proposal dated September 10, 2004, 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 to City; 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 all work necessary to complete in a manner satisfactory
to City, the services set forth in Exhibit "A" in accordance with the terms and conditions of
this Agreement.
Section 2: Order of Precedence
In the event of a conflict between or among any of the documents comprising this
Agreement, the following order of 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
control and without the fault or negligence of Consultant.
Section 4: Compensation
A.
The compensation to be paid under this Agreement shall be as set forth in Exhibit
"A", which shall not exceed a total cost of $8,000.00.
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.
2
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 commercial general liability and automobile liability insurance (each of
which shall include property damage and bodily injury) and each with limits of at
least $1,000,000 combined single limit coverage per occurrence.
B.
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 this Agreement, or (2) to maintain professional liability
insurance coverage with the same carrier, or with an equivalent 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.
3
C.
Consultant shall carry and pay for such workers' compensation insurance as is
required to fully protect Consultant and its employees under California Worker's
Compensation Insurance Law. The insurance company shall agree to waive all
rights of subrogation against the City for losses paid under the policy, which losses
arose from the work performed by the named insured.
D.
Other applicable insurance requirements are: (1) Name the City, its officials and
employees as an additional insured on the commercial general liability and
automobile liability insurance policies. (2) The insurance shall be issued by a
company authorized by the Insurance Department of the State of California and
rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if
offered by a surplus line broker), by the latest edition of Best's Key Rating Guide,
except that the City will accept workers' compensation insurance rated B-, VII
(seven) or better, or from the State Compensation Fund. (3) The Insurance shall
not be cancelled, except after thirty (30) days written prior notice to the City; and
(4) The commercial general liability and automobile liability insurance shall each
be primary as respects the City, and any other insurance maintained by the City
shall be in excess of this insurance and not contribute to it.
E.
Upon execution of this Agreement, Consultant shall provide to City certificates of
insurance and insurer endorsements evidencing the required insurance. Insurer
endorsements (or a copy of the policy binder if applicable) shall be provided as
evidence of meeting the requirements of Subsections (1 )(3) and (4) of Section 7D
above and the waiver of subrogation requirement in Section 7C above. 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 Aareement
A.
City and Consultant shall each have the right to terminate any or all of the services
covered by this Agreement at any time for any reason by giving ten (10) business
day written advance notice to the other party.
Upon termination of this Agreement, Consultant shall be paid for services
rendered by the effective date of the termination.
B.
C.
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.
4
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/City Engineer
300 Centennial Way
Tustin, CA 92780
To Consultant:
Attn: Rock Miller
Katz, Okitsu & Associates
17852 E Seventeenth Street, Suite 102
Tustin, CA 92780
(714) 573-0317
Section 10: Miscellaneous Provisions
A.
Consultant shall 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.
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.
C.
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
payor other forms of compensation, and selection for training, including
apprenticeship.
F.
This Agreement shall be interpreted in accordance with California Law. The
parties agree that the Orange County Superior Court is the exclusive venue for
any lawsuits by either party regarding this Agreement.
5
IN WITNESS WHEREOF, this Agreement was executed by the parties on the day
and year first above written.
"CITY"
CITY OF TUSTIN
By
Title
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
Lo;,~l~
"CONSULTANT"
Katz, Okitsu & Associates
By ¿d-- ~
Rock Miller, PE
Title Vice President
6
17852 E. Seventeenth 5t
Suite 102
TuStin. CA
92780-2142
714.573.0317
fax, 714.573-9534
koaoc@katzokitsu.com
www.katzokitsu.com
Los Angeles
323.260.4703
fax, 323.260.4705
Son Diego
619.683.2933
fax: 619.683.7982
Son 8emo,dino
909.890.9693
fax, 909.890.9694
Exhibit A
~ Katz, Okitsu & Associates
~~ Traffic Engineers and TransponOlion Planners
September 2, 2004
Mr. Terry Lutz
City of Tustin
300 Centennial Way
Tustin CA 92780
Subject:
Traffic Study PROPOSAL for Crosswalk Enhancement Project in the City of
Tustin
Dear Mr. Lutz:
Katz, Okitsu & Associates is pleased to receive a request for proposal to perform a traffic
impact study for Crosswalk Enhancement Project in the City of Tustin. We are interested
in assisting with this project and submit this proposal accordingly. This proposal was based
upon the information you provided. The Scope of Services, cost estimate, and schedule for
this project are presented in the attachment to this letter.
Katz, Okitsu & Associates has earned a reputation for high quality work, fulfillment of
deadlines, and reasonable costs. The firm has offices in Tustin, San Diego, San Bernardino,
and Monterey Park. Our Tustin office will manage this project. The firm has coverage in
the following areas: Professional Liability ($2 million), Automobile Liability ($1 million) and
General Liability ($5,000,000). Our Worker's Compensation coverage meets the insurance
requirements of California State law. We have successfully completed similar projects for
numerous public agencies and private parties. References for specific related projects will be
provided upon request.
You may authorize this project by endorsing the proposal on the final page and returning a
copy of the proposal to our office by mail or fax. We look forward to working with you on
this important project. This proposal is valid for 120 days.
¡~~
Rock Miller, P.E.
Principal
C\2C04\SwdvlTl! C"""',/k MA472jd"
_Katz, Okitsu & Associates
..... Tmll" E'g""'" m,J r""'I"'"m'" P/""",
EXHIBIT "An
Traffic Engineering Services PROPOSAL
for a Crosswalk Enhancement Project
in the City of Tustin
The following scope of services, schedule and fee apply to an analysis of alternatives treatments and
PS&E for a proposed Crosswalk Enhancement Project in the City of Tustin. The project is located at the
intersection of Red Hill Avenue and Olwyn Drive.
SCOPE OF SERVICES
The Scope of Services is intended to meet the City's requirements for alternatives analysis, followed by
preparation of design plans and specifications.
Task 1 - Project Administration
Katz, Okitsu & Associates senior staff will discuss the normal and unique traffic aspects of the analysis of
alternatives and design requirements with the City Traffic Engineer at a kick-off meeting.
Katz, Okitsu & Associates will be available to the City of Tustin staff to discuss traffic aspects of the
project ITom our offices. We will also attend one meeting with City staff to discuss alternatives and select
the alternative to be designed.
Task 2 - Alternatives Analysis
2.1 - Scope and Field Review
Katz, Okitsu & Associates will review the location and intersections in the field to observe and inventory
roadway geometrics, existing traffic operation, and relevant information.
Katz, Okitsu & Associates will review possible alternatives for crosswalk treatments at the location.
Alternatives to be evaluated are as follows:
.:. Time of Day Flashers
.:. Strobe actuated Flashers
0 Pedestrian push buttons
0 Passive
.:. In-Pavement Flashers
0 Pedestrian push buttons
0 Passive
Prepared for Cityo(Tus/in
Traffic Engineering Services PROPOSALfor Crosswalk Enhancement Project in the City ~(Tustin
September /0. 2004
_Katz, Okitsu & Associates
..... Twm, E'g""'" "od Tw",ponati" Pia"""
EXHIBIT "A"
2.2 - Letter Report Preparation
Katz, Okitsu & Associates will prepare a letter report on the analysis of alternatives for the crosswalk
treatment. The letter report will present all infonnation prepared by Katz, Okitsu & Associates,
including:
I. Existing Traffic Conditions
II. Project Alternatives
III. Recommendations
IV. Conclusion
The advantages and disadvantages of each alternative will be discussed. .
2.3 - Submittal and Review of Letter Report
The analysis of alternatives will be submitted to you for review. Up to three copies of the letter report
will be furnished on each submittal. Additional copies can be furnished at our expense of reproductions.
Any proper or reasonable revisions will be incorporated into the analysis of alternatives in order to be
fully responsive to the Scope of Services. Reasonable revisions include any corrections to the report
within the general scope of work, but exclude any traffic data collection or analysis at any locations
except as specified in our proposal.
Task 3 - PS&E Plan Preparations
3.1 - Field Review (To be done concurrently with Alternatives Analysis)
The site will be fully inspected in the field with respect to needs for preparing design plans. Physical
street improvements, existing traffic signalization, underground or overhead utilities and obstructions,
signing and striping, and other relevant items would be located in the field with precision to be shown
accurately on the each plan. All improvement infonnation obtained from records would also be verified
in the field in conjunction with this review.
3.2 -Design Plans
The base plan will show centerlines, right-of-way lines, relevant existing or proposed street
improvements, utilities of record, and existing traffic controls and improvements. Proposed new or
modified facilities will be designed and shown on the drawing to create a complete plan. The plan would
confonn to the requirements of the City of Tustin and would reference the latest edition of the Caltrans
Standard Plans and Specifications. The plan would be designed in the specific fonnat required or
requested by the City of Tustin to meet their approval.
The plan will include all notes, schedules, and other features required to show future conditions
completely and properly. The other features include scales, general notes; construction notes;
Preparedfor Cit)' o{Tustin
Traffic Engineering Services PROPOSALfor Crosswalk Enhancement Project in the City of Tustin
September 10. 2004
_Katz, Okitsu & Associates
ìii'I!!III""'" r"II" E"g""'" ."d r""'po"m'" Plmmm
EXHIBIT "A"
construction legend; other affected agencies and businesses; centerline; right-of-way lines; property lines;
existing improvements; other details that are of benefit to and/or requested by the City. The plans would
be prepared at a scale of 1"=20' on a 24" x 36" plan sheet.
3.3 - Utility Coordination
The location of all utilities marked or evident in the field, indicated on reference plans, or indicated by
utility companies will be shown on the plans. Katz, Okitsu & Associates will distribute the plans and
coordinate the design directly with all utility companies which may have facilities in the site vicinity. We
will make design adjustments to avoid utilities as appropriate
Special coordination with the serving electrical utility will be required to provide power service and
utility connections. We will make direct contact with the governing utility company as required to secure
electrical service.
3.4 - Specifications and Estimate
Katz, Okitsu & Associates will prepare typewritten special provisions relating to the design work. Also,
an engineer's cost estimate would be provided at appropriate intervals.
3.5 - Submittal of Plans
A registered Civil and Traffic Engineer would sign the completed plans. Blackline copies of these plans
will be furnished directly to the City of Tustin for checking.
3.6 - Response to Revisions
Any revisions requested by the City of Tustin, or other responsible parties would be fully addressed and
incorporated properly into the plans, until they are ready for final approval by the City of Tustin.
PERSONNEL ASSIGNED
Mr. George Dore, P.E. will be the Overall Project Manager for this project. Mr. Dore is a Senior
Transportation Engineer in the Orange County office of Katz, Okitsu & Associates and has experience
with projects of this type. He will be responsible for coordination with you and preparation of the report.
Mr. Hussein Kombe will be the Design Manager for this project. Mr. Kombe is an Associate Engineer in
the Orange County office of Katz, Okitsu & Associates and has over 6 years experience with projects of
this type.
Mr. Rock Miller, P.E., will be the Principal-in-Charge for this project. Mr. Miller will perform Quality
Assurance and will sign the report.
Prepared Jar CityaJTuslin
Traffic Engineering Services PROPOSALJor Crosswalk Enhancemenl Project in the City oJTuslin
September 10.2004
_Katz, Okitsu & Associates
iì1lI""'" r"If" E'g""'" ",d r,.",I""""'" PI""",
EXHIBIT "A"
SCHEDULE
Alternatives Analysis Schedule
The analysis of alternatives will be submitted initially approximately two weeks following authorization.
Revisions are nonnally completed within approximately seven business days following receipt of
comments.
Design Schedule
A design schedule is proposed allowing for submittal of plans for initial checking within four weeks
following approval of the analysis. Revisions are nonnally completed within approximately seven
business days following receipt of comments.
PROPOSED FEE
The actual fee would be based upon the cost of time, materials, and reproduction expenses for Katz,
Okitsu & Associates, plus the invoice cost of traffic counts, all subject to the not-to-exceed amount of
$8,000. This fee was approximated by activity as follows:
Activity
Analysis of Alternatives
PS&E Preparation
Total
Costs
$3,000
$5.000
$8,000
This fee is based upon the cost of time, materials, and repro graphic expenses for Katz, Okitsu &
Associates for projects of this type and scope.
Invoices would be submitted monthly, based upon the billing rate for personnel used on the project and
direct expenses, including plotting, blueprinting, and freight. Accounts are past due after 30 days. A
finance charge of 1.5% per month after invoice date may be assessed on accounts more than 60 days past
due.
EXCLUSIONS
These exclusions describe the situations that most frequently result in the need for extra work and
additional compensation.
.:. The proposed scope of work and fee does not include any public hearing or meeting attendance,
except as specifically indicated in the Scope of Services. Attendance at additional meetings is billed
up to $155 per hour for a Finn Principal, with a four-hour minimum for night meetings.
Preparedfor City of Tustin
Traffic Engineering Services PROPOSALfor Crosswalk Enhancement Project in the City ~rTustin
September 10. 2004
_Katz, Okitsu & Associates
..... Tm{f;cE'gi"""modTm""I'""aci",P¡""",
EXHIBIT "An
Billing Rate Summary
Classification"""""."" "'kate'"
Firm Principal
Senior Transportation Engineer / Designer
Senior Planner
Associate Engineer
Associate Designer / Planner
Assistant Transportation Engineer / Planner
Draftsman (ink)
CAD Technician
Administrative Assistant
Messenger/Intern
General Provisions
$155/hour
$145/hour
$135/hour
$95/hour
$90/hour
$70/hour
$75/hour
$60/hour
$45/hour
$35/hour
Telephone, equipment, and fax are normally included in above hourly costs. Direct expenses including
mileage, printing, blueprinting, commercial CAD plotting, subconsultant expense, issuance of specially
endorsed insurance certificate, and direct costs, are billed at cost plus 5% unless stated otherwise in the
proposal. Public meetings and public hearings are normally excluded ITom any proposal, but will be
bil1ed as extra work at the rates above. There is a four-hour minimum for nighttime public hearings.
Expert witness rates are not shown in the above rates.
Annual adjustments in these fees of approximately 5% wil1 be request for each 12-month period
following authorization. Tfthe governing Agency prefers a constant hourly cost for a multi-year contract,
a 10% increase from the fees indicated above will be requested.
Preparedlor CityoiTuslín
Traffic Engineering Services PROPosALIor Crosswalk Enhancement Project in the City oiTustin
September 10, 2004
~ Katz, Okitsu & Associates
p ~ Traffic Engineers and Transportation Planners
September 10, 2004
17852 E. Seventeenth Se
5u;te 102 City of Tustin
Tust;n. CA 300 Centennial Way
92780-2142 Tustin, CA 92780
714.573.0317
fax: 714.573-9534
koaoc@katzokitsu.com
www.katzokitsu.com
Los Angeles
323.260.4703
fax: 323.260.4705
San Diego
619.683.2933
fax: 619.683.7982
San 8ernardino
909.890.9693
fax, 909.890.9694
ATTN: Dana R. Kasdan, Engineering Services Manager
Subject:
Tustin Crosswalk Treatments
Dear Mr. Kasdan:
Katz Okitsu & 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, Katz Okitsu & Associates warrants and represents
that it shall maintain insurance coverage with the insurance company listed on the
attachment, or with an equivalent carrier in the amounts indicated for at least five (5) yearô
after the completion for the consulting services under the Agreement. Katz, Okitsu &
Associates will provide the City with certificates of insurance coverage within the period
established above in order to evidence compliance with this Agreement.
Sincerely,
Katz Okitsu & Associates
¡t~ .7¿~¡P ~-
---
Rock Miller, P.E.
Principal
APPROVED AS TO FORM:
ACCEPTED AND AGREED TO:
Lois E~Y ~it~
Tim D. Seder
Director of Public Works/City Engineer