HomeMy WebLinkAbout10 CIP 6136 RAWLINGS 02-21-06AGENDA REPORT
MEETING DATE: FEBRUARY 21, 2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENTIWATER SERVICES DIVISION
SUBJECT: APPROVAL OF CONSULTANT SERVICES AGREEMENT WITH KATZ AND
ASSOCIATES FOR CONSTRUCTION OUTREACH SERVICES FOR THE
RAWLINGS RESERVOIR REPLACEMENT PROJECT
(CIP NO. 6136)
SUMMARY
Staff is requesting authorization to retain Katz & Associates, Inc., for construction outreach services
for the Rawlings Reservoir Replacement Project.
RECOMMENDA TION
It is recommended that the City Council approve the attached Consultant Services Agreement
between Katz & Associates and the City for construction relations services for a not-to-exceed fee of
$76,715.00, and authorize the Mayor and the City Clerk to execute the Consultant Services
Ag reement on behalf of the City.
FISCAL IMPACT
The City's Capital Improvement Program Budget for Fiscal Year 2005-2006 provides $1,058,515.00
for the Rawlings Reservoir Replacement Project (CIP No. 6136). The construction outreach activities
to be provided by Katz and Associates will cost $76,715.00. Adequate funds exist in the current
program budget to cover the cost for these services.
BACKGROUND
The Rawlings Reservoir Project is a critical link in ensuring the City's operational and emergency water
storage requirements to safeguard the public health and safety of Tustin water customers. The project
site is located on City-owned property north of Foothill Boulevard, approximately 1,000 feet northwest of
Newport Avenue. A private road, single-family residences and open lands abut the reservoir site to the
east and west.
The objectives of the outreach program are to establish continuous two-way communications with
affected residents and Foothill HS, proactively address public concerns about project impacts, and to
provide advance information about significant construction activities during the course of the project.
Three firms were requested to provide proposals for construction outreach services. Water Division staff
is recommending the City Council approve a contract with Katz & Associates for project outreach
services.
Tim D. Serlet
Director of Public Works/City Engineer
Fred J. Adjarian
Water Services
TDS: FJA: Rawlings Public outreach Katz et al.doc
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Publk Affal..
Katz '" A""""",. In<.
CommunIty Ralatio..
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4250 ""'"ti" 5qua". 5.;" 670
San Di'go. CA 92037
Tel (858) 452.0031
F~ (858) 552.8437
February 8, 2006
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City of Tustin
300 Centennial Way
Tustin, CA 92780
Attn: Fred Adjarian, Water Services Manager
Subject: Consultant Services Agreement for outreach services bv Katz &
Associates. Inc. for the Citv of Tustin. Rawlings Resérvoir Project
Dear Mr. Adjarian:
Katz & Associates, Inc. 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 & Associates, Inc. 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)
years after the completion of the consulting services under the Agreement.
Katz & Associates, Inc. will provide the City with certificates of insurance
coverage within the period established above in order to evidence
compliance with this agreement.
Sincerely,
Sara M. Katz
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ACCEPTED AND AGREED TO:
Tim D. Serlet
Director of Public Works/City Engineer
APPROVED AS TO FORM:
Douglas C. Holland
City Attorney
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT FOR CONSULTANT SERVICES is made and entered into
this - day of 2O_, by and between the ClìY OF TUSTIN, a
municipal corporation, hereinafter referred to as "City", and Katz and Associates, a
California Corporation, hereInafter referred to as "Consultant",
RECITALS
WHEREAS, City requires the services of a consultant to furnish the necessary
construction outreach servIces for the Rawlings Reservoir Replacement Project (CIP
6136) hereinafter referred to as "Project"; and
WHEREAS, Consultant su
)mitted to the City a proposal dated January 6, 2006, a
copy of which is attached heret!? 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: Scoøe of Consu/lanes 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. Th is Agreement
2. City's Request for Proposal (Exhibit aA")
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 $76.715.00.
Consultant shall submit detailed invoices, based upon the actual work performed
accompanied by backup documentatIon as requested by the City.
B.
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.
. 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.
D.
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 wjth this Agreement
and shall be responsible for an reports and obligations respecting them, such as social
security, income tax withholding, unemployment compensation, workers' compensation
and similar matters.
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C.
".,"
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
perfonnance or failure to perfonn this Agreement.
Section 7: Insurance
A.
Consultant shall maintain in full force and effect during the term of these
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 tall 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.
Consultant shall carry and pay for such workers' compensation insurance as is
required to fully protect Consultant and its employees under Califomia Worker's
CompensatIon Insurance Law, The Insurance company shall agree to waive all
fights of subrogation against the City for losses paid under the policy, which losses
arose from the work performed by the named insured.
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C.
D.
Other applícable 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 Califomia and
rated A, VII (seven) or better (if an admitted carrier) or A-, X (ten) or better (if
offered by a sûrplus 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.
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 Ifmjted to all completed documents and all drafts of
uncompleted documents.
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E.
F.
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.: Tim D. Serlet
Director of Public Works/City Engineer
300 Centennial Way
Tustin, CA 92780
Katz and Associates
Patricia A. Tennyson
4250 Executive Square, Suite 670
San Diego, CA 92037
To Consultant:
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.
No part of this Agreement may be assIgned by Consultant without the prior written
approval of City.
B.
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. .
Consultant shall pelform 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.
D.
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.
This Agreement shall be interpreted in accordance with CaHfornia law. The
partíes agree that the Orange County Superior Court Is the exclusive venue for
any lawsuits by either party regarding this Agreement.
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IN WITNESS WHEREOF, this Agreement was executed by the parties on the day
and year first above written.
"CITY"
CITY OF TUSTIN
By
Doug Davert
Title Mavor
ATTEST:
Pamela Stoker, City Clerk
APPROVED AS TO FORM:
Douglas C. Holland. City Attorney
.CONSULTANT"
Katz and Associates
By
Sara M. Katz
Title President