Loading...
HomeMy WebLinkAbout1994-08-23 - AGENDA REPORTS - CORPORATE YARD PHASE IIAGENDA REPORT eLAyMana er Approv Item to be presented by: Anthony J. Nisich,�O CONSENT CALENDAR DATE: August 23, 1994 SUBJECT: CORPORATE YARD, PHASE II - PROJECT 94-009 - REQUEST FOR ENGINEERING SERVICES DEPARTMENT: Community Development The purpose of this project is to design and construct the second phase of a three-phase effort to remodel the City Yard facility. This phase is intended to work with the City's Transit Division to modify existing as well as add new office spaces. The project also will upgrade the vehicle washing station and install new fuel tanks. The total project budget appropriated in the five-year CIP by City Council is $550,000. The breakdown is as follows: $440,000 of ISTEA and $110,000 of Proposition C funds. Based upon the City's request for proposal guidelines, three professional design firms were invited to submit qualifications and bids for the work. The following are the results: FIRM 1. Albert C. Martin 2. Combs & Miguel 3. Robinson/Takahashi/Katz SIMILAR LOCATION EXPER] Los Angeles Yes Sylmar & Santa Clarita Yes Los Angeles Yes Robinson/Takahashi/Katz & Associates ranked the highest in this order of priority in experience and is proposing to accomplish the designated work at the lowest cost. Funds are available in Account No. 55-94009227. RECOMMENDATION 1) Award professional design contract to Robinson/Takahashi/Katz in the amount of $29,300.00. 2) Authorize the City Manager to sign the contract. ATTACHMENT Contract for Professional Services of City Yard - Phase H. omaVpr94-W9.r Adapted APPROVED 9An_21: CITY OF SANTA CLARITA COMMUNITY DEVELOPMENT DEPARTMENT ENGINEERING DIVISION 23920 VALENCIA BOULEVARD, SUITE 300 SANTA CLARITA, CALIFORNIA 91355 CONTRACT FOR PROFESSIONAL SERVICES CITY YARD - PHASE II This agreement is entered into this [ ] day of [ ], 1994, by and between the City of Santa Clarita, a municipal corporation of the State of California, hereinafter "City," and Robinson, Takahashi, Katz and Associates, a California Corporation hereinafter "Consultant." WHEREAS, City intends to design Project No. 94-009: City Yard Phase II; and WHEREAS, Consultant represents that it is qualified to perform such services, that it has carefully examined the work site and that it is willing to perform the services hereinafter defined. NOW, THEREFORE, for mutual consideration as provided herein, it is agreed by and between City and Consultant as follows: A. Consultant shall perform professional and technical architectural and engineering services to design the installation of the fuel island area in the yard back lot, remodel a portion of and provide tenant improvement areas for the City Yard. Consultant shall prepare construction documents ready for bidding to the satisfaction of the City Engineer. B. City agrees to compensate the consultant for services on a lump -sum basis. C. This agreement is subject to the following terms and conditions: TERMS AND CONDITIONS 1. ENTIRE AGREEMENT: This agreement supersedes any and all agreements either oral or written, between the parties hereto with respect to the services by the Consultant for the City and contains all of the covenants and agreements between the parties with l respect to the rendering of such services in any manner whatsoever. Each party to this agreement acknowledges that no representations, inducements, promises, or agreements, either orally or otherwise, have been made by any part or anyone acting on behalf of any party, which are not embodies herein, and that no other agreement, statement, or promise not contained in this agreement shall be valid or binding. Any modification of this agreement will be effective only if it is in writing signed by the party to be charged. 2. ASSIGNMENT AGREEMENT: This agreement is personal to Consultant, and shall not be assigned by either Consultant or City without the prior written consent of the other. INDEPENDENT CONTRACTOR: It is understood and agreed that the Consultant is, and at all times shall be, an independent consultant and nothing contained herein shall be construed as making the Consultant, or any individual whose compensation for services is paid by the Consultants, an agent or employee of the City, or authorizing the Consultant to create or assume any obligation or liability for or on behalf of the City. 4. CONFLICT OF INTEREST: Consultant represents, warrants and agrees that he does not presently have, nor will he acquire during the term of this agreement, any interest, direct or indirect, by contract, employment, or otherwise or as a partner, joint venture, or shareholder (other than as a shareholder one percent of less interest in publicly - traded companies) or affiliated with any business entity, or individual that has entered into any contract, subcontract or arrangement with the City. 5. PROVISIONS SEVERABLE: City's waiver of any term, condition, or covenant, or breach of any term, condition, or covenant, shall not constitute the waiver of any other term, condition, or covenant of this agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions of this agreement shall be valid and binding on Consultant and City. 6. GOVERNING LAW: This agreement shall be governed and professional services shall be performed in compliance with the law of the State of California and applicable governmental regulations, building codes and ordinances in effect at the date of this agreement. 7. OWNERSHIP OF DOCUMENT: Drawings, calculations, specifications, printouts and other documents, whether in hard copy or machine readable form, are and shall remain the property of the City. Consultant shall be permitted to retain reproducible copies of all such documents and following completion of the project, the original of all such documents shall be provided to City. 8. ARBITRATION: Controversies or claims arising out of or relating to this agreement, or the breach thereof, shall be finally settled by arbitration conducted in Los Angeles, California, in association with consent given to the full use of discovery proceedings provided for use in civil actions in the California Code of Civil procedure. No demand for arbitration shall be made after institution of legal or equitable proceedings would be barred by the applicable statute of limitations. Judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof CONTRACT FOR PROFESSIONAL SERVICES CITY YARD - PHASE II Page 3 9. INDEMNIFICATION: Consultant agrees to indemnify, defend and save the City and its agents and employees harmless from any and all liability, claims, damages or injuries to any person, including injury to Consultant's employees, and all claims which arise from or are connected with the performance of or failure to perform the work or other obligations of this agreement, or are caused or claim to be caused by the acts or omissions of consultant, its agents or employees, and all expenses of investigating and defending against same; providing, however, that this indemnification and hold harmless shall not include any claim arising from the sole negligence of willful misconduct of the City, its agents or employees. This indemnification and hold harmless shall remain in effect and survive the temporary suspension or completion of the project contemplated under this agreement. 10. EQUAL OPPORTUNITY: Consultant agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, ancestry, marital status or handicap. Consultant agrees to take affirmative action to assure that applicants are employed or retained, and that employees are treated without regard to their race, color, religion, sex, national origin, ancestry, marital status or handicap. Such action shall include, but not be limited to: recruitment or recruitment advertising, layoff or termination, rates of pay or other reform of compensation, and selection for training. 11. WARRANTY: Consultant shall perform services in accordance with generally accepted principals and practices. Consultant shall use that degree of care and skill ordinarily exercised under similar circumstances by members of its profession. 12. INSURANCE a. Consultant shall maintain and submit certificates of all applicable insurance including, but not limited to, the following and as otherwise required by law. The terms of the insurance policy or policy issues to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for non-payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the City. In the event the said insurance expires or is cancelled, the Consultant shall, prior to the cancellation or expiration date, submit to the City Clerk new evidence of insurance in the amounts established. In the event the Consultant fails to keep in effect at all times insurance coverage as herein provided, the City may, in addition to any other remedies it, may have, terminate this contract upon occurrence of such event. CONTRACT FOR PROFESSIONAL SERVICES CITY YARD - PHASE II Page 4 The Consultant agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in anyway the extent to which the Consultant may be held responsible for the payment of damages to persons or property resulting from the Consultant's activities or the activities of any person or persons, for which the Consultant is otherwise responsible. Prior to commencement of the work described herein, the Consultant shall procure and maintain general comprehensive liability insurance with a combined single limit (CSL) in the amount of $1,000,000 per occurrence. b. The Certificate of Insurance will provide: 1. That the insurer will not cancel the insured's coverage without thirty (30) days prior written notice to the City. 2. That the City of Santa Clarita, its elected and appointed officers, employees, agents and servants are held harmless and included as additional insured, but only insofar as the operations under this contract are concerned. 3. That the City will not be responsible for any premiums or assessments on the policy. c. The Consultant agrees that the bodily injury liability insurance herein provided for shall be in effect at all times during the term of the agreement and shall not be for an amount less than one million dollars ($1,000,000) per occurrence. The terms of the insurance policy or policies issued to provide the above insurance coverage shall provide that said insurance may not be amended or cancelled by the carrier, for non- payment of premiums or otherwise, without thirty (30) days prior written notice of amendment or cancellation to the City. In the event the said insurance expires or is cancelled, the Consultant shall, prior to the cancellation or expiration date, submit to the City Clerk new evidence of insurance in the amounts established. In the event the Consultant fails to keep in effect at all times insurance overages as herein provided, the City may, in addition to any other remedies it may have, terminate this agreement upon occurrence of such event. Such general, public liability and property damage insurance shall also provide for and protect the City against incurring any legal cost in defending claims for alleged loss. Such general, public liability and property damage insurance shall be maintained in full force and effect throughout the term of the agreement. CONTRACT FOR PROFESSIONAL SERVICES CITY YARD - PHASE II Page 5 d. Consultant is not authorized to use his or her personal motor vehicle to perform any work under the agreement unless Consultant is covered by a policy of motor vehicle liability insurance in an amount not less than five hundred thousand dollars ($500,000.00) combined single limit. e. Professional Liability Insurance. Contractor shall maintain professional liability insurance which provides coverage for negligent professional acts, errors, or omission for which Contractor is legally liable, in the amount of $1,000,000 per claim and in aggregate which arise from the performance of professional services by Contractor under this Agreement. The policy shall provide for coverage of claims occurring during the term of the policy. 13. COMPENSATION: The City agrees to compensate the Consultant for services on a lump -sum basis. The payments under the agreement shall not exceed $29,300 without prior written approval. The City agrees to compensate the Consultant for additional work not included in this proposal at 1.2 times their actual costs to cover administration. Consultant shall maintain and submit to City itemized records substantiating services performed including the dates, times and description of work. 14. TERMINATION: This agreement may be terminated with or without cause by City at any time. This agreement may be terminated by Consultant only by providing City with written notice no less than 30 days in the advance of such termination. In the event of termination, Consultant will be compensated for services performed up to the point of termination. Compensation of work in progress will be prorated as to the percentage or progress completed at the date of termination. 15. ATTORNEY FEES: If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this agreement, the prevailing party will be entitled to reasonable attorney fees, which may be set by the court in the same action or in a separate action for that purpose, in addition to any other relief to which that party may be entitled. In recognition of the obligation statement in this agreement, the parties have executed this agreement on the date indicated above. ATTEST: City Clerk Approved as to form: City Attorney CITY OF SANTA CLARITA City Manager CONTRACT FOR PROFESSIONAL SERVICES CITY YARD - PHASE II Page 6 ROBINSON, TAKAHASHI, KATZ AND ASSOCIATES Address: 2020 South Robertson Boulevard Los Angeles, California 90034 Phone: (310) 837-3606 FAX-. (310) 837-6341 Um Name/Title RPN:dIs --rdv \dvy dllj