HomeMy WebLinkAbout15 AMED CONS AGRMNT W/JACOBS CIVIL, INC. 08-07-06AGENDA REPORT
MEETING DATE: AUGUST 7, 2006
TO: WILLIAM A. HUSTON, CITY MANAGER
FROM: PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT: AMENDMENT NO.1 TO THE CONSULTANT SERVICES AGREEMENT
WITH JACOBS CIVil, INC. FOR THE NEWPORT AVENUE
EXTENSION/SR-55 RAMP RECONFIGURATION PROJECT (CIP NO.
7130) AND THE EDINGER AVENUE (SMART STREET) WIDENING
PROJECT (CIP NO. 7147 IN THE CITY OF TUSTIN AND CIP NO. 2585
IN THE CITY OF SANTA ANA)
SUMMARY
Amendment No. 1 modifies Section 12 of the Consultant Services Agreement entitled
"Safety". The section, as written, requires the Construction Manager to provide safety
management services for the project, when normally it is the responsibility of the contractor.
Amendment No. 1 modifies Section 12 such that the Construction Manager is only
responsible for safety management services for its own employees and to review the
contractor's safety plan.
RECOMMENDATION
It is recommended that the City Council approve Amendment No. 1 to the Consultant
Services Agreement (CSA) with Jacobs Civil, Inc. for construction management services for
the Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and
the Edinger Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin
and CIP No. 2585 in the City of Santa Ana) and authorize the Mayor and City Clerk to
execute Amendment NO.1.
FISCAL IMPACT
None.
DISCUSSION
On December 1, 2003, the City Council approved the CSA with Jacobs Civil, Inc. (Jacobs)
for the projects referenced above. Jacobs has requested that Section 12 of the CSA be
modified. This section, as written, requires Jacobs to be responsible to provide a safety
management plan for the project and coordinate its implementation, monitoring and
enforcement. This responsibility is typically the responsibility of the contractor.
Amendment No. 1 to the Consultant Services Agreement with Jacobs Civil, Inc. for the
Newport Avenue Extension/SR-55 Ramp Reconfiguration Project (CIP No. 7130) and the
Edinger Avenue (Smart Street) Widening Project (CIP No. 7147 in the City of Tustin and
CIP No. 2585 in the City of Santa Ana)
August 7,2006
Page 2
Amendment No. 1 modifies Section 12 such that Jacobs is responsible for the safety
program of its employees on the project, reviewing the contractor's safety plan and monitor
the contractor's performance, oversee safety activities of themselves and the contractor,
and conduct periodic safety reviews.
The City Attorney has reviewed and signed Amendment NO.1.
Tim D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan
Engineering Services Manager
Attachment: Amendment No. 1
S:\City Councilltems\2006 Councilltems\Amend #1 to CSA with Jacobs.doc
AMENDMENT NO.1
TO
CONSULTANT SERVICES AGREEMENT
THIS AMENDMENT NO. 1 TO CONSULTANT SERVICES AGREEMENT
("Amendment No.1") is made and entered into this _day of ,2006, by and
between the CITY OF TUSTIN, a municipal corporation, hereinafter referred to as
"City", and JACOBS CIVil, INC. a Missouri corporation, hereinafter referred to as
"Consultant."
RECITALS
WHEREAS, City and Consultant entered into the Consultant Services Agreement
as of December 1, 2003, (the "Agreement") for construction management services for
the Newport Avenue/SR - 55 Ramp Reconfiguration Project (CIP 7130) and the Edinger
Avenue Widening Project (CIP 7147) (collectively, the "Project");and
WHEREAS, City and Consultant desire to amend Section 12 of the Agreement to
clarify Consultant's obligations for safety on the Project.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and
conditions contained herein, and upon the terms and conditions hereinafter set forth, the
parties agree as follows:
AGREEMENT
Section 1: Section 12 of the Aareement is amended.
Section 12 of the Agreement is hereby amended in its entirety to read as follows:
Section 12: Safety
Consultant shall establish and administer a formal, written safety
program covering Consultant's employees on the project. Consultant shall
be responsible for the safety of its own personnel.
Consultant shall review the City's Construction Contractor's
("Contractor") Safety Plan and monitor the safety performance of the
project.
210719.1
Consultant shall assign a part-time qualified safety specialist to the
project. His/her responsibilities shall include oversight of both
Consultant's and Contractor's safety activities. He/she will conduct
periodic safety reviews of the project to identify potential safety concerns.
Consultant shall have the authority to act to ensure public safety.
The Contractor, and not Consultant, is responsible for the safety of
the job site as well as public safety. The Consultant's safety program shall
comply with applicable federal and state laws and regulations.
Consultant's safety activities shall not constitute an undertaking on behalf
of, or for the benefit of, Contractor to determine or warrant that
Contractor's respective safety programs, work places, structures,
operations, procedures, machinery, or materials are safe or in compliance
with the law.
Section 2:
Except as expressly amended herein, all other provisions of the Agreement
remain in full force and effect.
Section 3. Miscellaneous
A. If any term, covenant, condition, or provision of this Amendment No.1, or
the application thereof to any person or circumstance, shall to any extent be held by a
court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of
this Amendment No.1, or the application thereof to any person or circumstance, shall
remain in full force and effect and shall in no way be affected, impaired, or invalidated
thereby.
B. This Amendment No. 1 shall be governed and construed in accordance
with the laws of the State of California. In the event of any legal action to enforce or
interpret this Amendment No.1, the sole and exclusive venue shall be a court of
competent jurisdiction located in Orange County, California, and the parties hereto
agree to and do hereby submit to the jurisdiction of such court, notwithstanding Code of
Civil Procedure section 394.
C. Each signatory to this Amendment NO.1 hereby warrants and represents
that each has been authorized to enter into this Amendment No. 1 on behalf of the
entity for whom they sign.
210719.1
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IN WITNESS WHEREOF, this Amendment NO.1 was executed by the parties on
the day and year written above.
"CITY"
CITY OF TUSTIN
By:
, Mayor
ATTEST:
Pamela Stoker, City Clerk
APPRqvE6 AS TO FORM:
Douglas C. Holland, City Attorney
"CONSULTANT"
Jacobs Civil, Inc.
By:
Title
210719.1
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