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HomeMy WebLinkAbout1997-06-24 - AGENDA REPORTS - CONTR TMF PLAN (2)AGENDA REPORT City Manager Item to be pre Ron Kilcoyne CONSENT CALENDAR DATE: June 24, 1997 SUBJECT: AUTHORIZATION OF A PROFESSIONAL SERVICES CONTRACT TO PREPARE A TRANSIT MAINTENANCE FACILITY PLAN AND SITING STUDY ("TMF PLAN") DEPARTMENT: Public Works I ��'Zti ZitIll�ltt7 More than most transit providers, Santa Clarita Transit serves a community that is undergoing tremendous change. The City Council formed Santa Clarita Transit in 1990, and it subsequently undertook operation of the embryonic transit system (fixed routelregional express/Dial-A-Ride) from the County of Los Angeles in 1991. Even through Californias economic slowdown in the early 90's, the Santa Clarita Valley sustained residential and commercial sector growth, placing new demands on transit services. To evaluate this growth and to develop a plan to guide the system's expansion into the future, the City commissioned a Transportation Development Plan ("TDP"), completed in December 1996. The TDP evaluated the transit system's existing environment, and projected future needs, including the needed roadway network, and the phased expansion of the three components of the transit fleet (fixed routelregional express/Dial-A-Ride) to an ultimate size of up to 150 fleet vehicles. The TDP did not, however, address the space needs and other criteria and specifications for a transit maintenance facility ("TMF') capable of serving this fleet. Additionally, while various transit center options and locations were identified in the TDP, siting of the TMF was not. As the City's existing facility is insufficient to adequately serve current fleet operations, new or additional facilities will be required for the successful implementation of the TDP, and funds were made available to undertake the TMF Plan. The objectives of the Transit Maintenance Facility Implementation Plan and Siting Study (Phase One) are to: 1) Identify the structures and systems needed to provide maintenance and support; 2) Identify approximate future staffing levels (number and kind of personnel) needed to operate the system and to be accommodated at the facility; 3) Identify the space needs for all buildings, 9 WCAGENDA171fIrCAR1.AGN b,Pi El Agenda Ierg: r7 structures, systems, vehicles, parking, etc., at the site, and all personnel (interior) space needs within the facility; 4) Evaluate one existing site for its potential as a TMF, and assist in identifying one or more additional suitable locations using the information from 1-3 above; and, 5) Provide a cost estimate for the construction of such a facility, and possible funding sources. Using the City's standard Request For Proposal ("RFP") procedure, staff prepared an RFP for the TMF Plan and Siting Study and sent it to approximately 30 companies, locally and throughout California and the nation. A total of three proposals were received and reviewed, and two firms were selected to interview for final selection. The proposals and the firms were evaluated for experience, responsiveness to the RFP and the City's needs, as well as the total cost of the proposal. The individual interviews conducted. with the two final firms went into greater detail and each firm was invited to further discuss and elaborate on its written proposal. Based on staffs review of the proposals and the .individual interviews with the firms, Gannett Fleming is recommended as the most qualified firm to prepare the TMF Plan. Gannett Fleming's strengths include a well -organized and superior understanding of the project, creative cost-saving ideas, solid experience, availability, and excellent references. Additionally, their services were offered at a competitive price and within the funded amounts available and budgeted for this project. A copy of the proposed contract between Gannett Fleming and the City is available in the City Clerk's "Reading File". Funds for this contract are budgeted in FY 97/98 and staff recommends costs be charged to Prop C Local Return funds (Account No. 5400-8110, with a balance of $50,000). 1,4 • • • Staff recommends that the City Council approve the selection of Gannett Fleming for this project, and authorize the City Manager to execute a professional services contract with Gannett Fleming in an amount not to exceed $49,250 (plus a 5% contingency fee), to be charged to Prop C Local Return funds (Account No. 5400-8110). SACCAGENDAUMPOCA LAGN AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF SANTA CLARITA AND This AGREEMENT FOR CONSULTANT SERVICES BETWEEN THE CITY OF SANTA CLARTTA AND COMPANY ("AGREEMENT") is entered into this day of 1997, by the City of Santa Clarita, ("City"), and, ("CONSULTANT"). RECITALS WHEREAS, City has determined: WHEREAS, City desires to engage the services of CONSULTANT; WHEREAS, CONSULTANT has represented to City that NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: SECTION 1.SCOPE OF SERVICES. CONSULTANT shall perform services specified in EXHIBIT "A" "SCOPE OF SERVICES" SECTION 2.TERM OF AGREEMENT. The term of this AGREEMENT shall be from the date of execution of this AGREEMENT, SECTION 3.SHEDULE OF PERFORMANCE. The services of CONSULTANT are to be completed according to the schedule set out in EXHIBIT " " "SCHEDULE OF PERFORMANCE". Time is of the essence in this AGREEMENT. SECTION 4.COMPENSATION AND METHOD OF PAYMENT, A. Subject to the limitations contained in SECTION 9, "TERMINATION" and EXHIBIT "A" ("SCOPE OF SERVICES") CONSULTANT shall be. paid the amounts identified in EXHIBITS pyx � ► ul ►I_�?�irZili�fl�7;Siai i CONSULTANT is an independent contractor and not an agent or employee of the City of Santa Clarita. As an independent contractor, CONSULTANT shall obtain no rights to retirement, health care or any other benefits which accrue to City of Santa Clarita employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights. SECTION 6.ASSIGNABILITY. The expertise and experience of CONSULTANT are.material considerations for this AGREEMENT. CONSULTANT shall not assign or transfer any interest in this AGREEMENT or the performance of any of CONSULTANT's obligations without the prior written consent of City. Any attempt by CONSULTANT to assign or transfer any of CONSULTANT's rights, duties or obligations arising under this AGREEMENT shall be void. City acknowledges its understanding that CONSULTANT, in the performance of its duties pursuant to this AGREEMENT, may utilize subcontractors. SECTION 7.INSURANCE.. General Liability and Property Damage Insurance. During the entire term of this Agreement, Consultant agrees to procure and maintain general liability and property damage insurance at its sole expense to protect against loss from liability imposed by law for damages on account of bodily injury, including death therefrom, suffered or alleged to be suffered by any person or persons whomsoever, resulting directly from any act or activities of City, or Consultant, its subcontractors or any person acting for City, or Consultant or under its control or direction, and also to protect against loss from liability imposed by law for damages to any property of any person caused directly or indirectly by or from acts or activities of City, or Consultant, or its subcontractors, or any person acting for City or Consultant, or under its control or direction. Such public liability and property damage insurance shall also provide for and protect City against incurring any legal cost in defending claims for alleged loss. Such general liability and property damage insurance shall be maintained in full force and effect throughout the term of the Agreement and any extension thereof in the following minimum limits: A combined single limit policy with coverage limits in the amount of $1,000,000 per occurrence will be considered equivalent to the required minimum limits. All of such insurance shall be primary insurance and shall name City of Santa Clarita as an additional insured. If the operation under this Agreement results in an increased or decreased risk in the opinion of the City Manager, then Consultant agrees that the minimum limits herein above designated shall be changed accordingly upon request by the City Manager. Consultant agrees that provisions of this paragraph as to maintenance of insurance shall not be construed as limiting in any way the extent to which Consultant may be held responsible for the payment of damages to persons or property resulting from Consultant's activities, the activities of its subcontractors, or the activities of any person or persons for which Consultant is otherwise responsible. Worker's Compensation Insurance. Consultant shall procure and maintain, at its sole expense, Worker's Compensation Insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both Consultant and City against any loss, claim, or damage arising from any injuries or occupational diseases happening to any worker employed by Consultant in the course of carrying out the within Agreement. Automotive Insurance. Consultant shall procure and maintain, at its sole expense, throughout the term of this Agreement any extension thereof public liability and property damage insurance coverage for automotive equipment with coverage limits of not less $500,000 combined single limit. All such insurance shall be primary insurance and shall name City of Santa Clarita as an additional insured. If Consultant does not own automobiles, Consultant shall provide a waiver releasing City from all liability resulting from Consultant's use of personal vehicles on project. Professional Liability Insurance. Consultant shall maintain professional liability insurance which provides coverage for negligent professional acts, errors, or omissions for which Consultant is legally liable, in the amount of $1,000,000 per claim and in aggregate which arises from the performance of professional services by Consultant under this Agreement. The policy shall provide for coverage of claims occurring during the term of the policy. Miscellaneous Insurance Requirement. A Certificate of Insurance, or an appropriate insurance binder, evidencing the above insurance coverage with a company acceptable to the City's Risk Management Officer shall be submitted to City prior to execution of this Agreement on behalf of the City. 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 canceled by the carrier, for non-payment of premiums otherwise, without 30 days prior written notice of amendment or cancellation to City. In the event the said insurance is canceled, Consultant shall, prior to the cancellation date, submit new evidence of insurance in the amounts heretofore established. If Consultant at any time during the term of this Agreement should fail to secure or maintain any insurance required under this Agreement, City shall be permitted to obtain such insurance in Consultant's name and shall be compensated by Consultant for the cost of the insurance premiums upon receipt of Consultant of written notice that the premiums have been paid. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under the policy if not named as an additional insured, and an additional insured shall not be held liable for any premium or expense of any nature on the policy or any extension thereof solely because they are as additional insured thereon. Santa Clarita's Risk Manager is hereby authorized to reduce the requirements set forth above in the event he or she determines that such reduction is in Santa Clarita's best interest. SECTION &INDEMNITY. CONSULTANT does hereby agree to defend, indemnify, and hold harmless the City of Santa Clarita and the respective appointed and elected officers, boards and commissions ("Indemnified_Parties''); pursuant to this Agreement. Such costs and expenses shall include, but not be limited to, reasonable attorney fees. CONSULTANT does hereby agree to defend, indemnify and hold harmless Indemnified Parties from and against any damages, liability, loss, costs or expenses which arise out of Consultant's negligent performance of the work under this Agreement provided that such liability, loss, cost or expense is caused by the act or omission of CONSULTANT, or any of its officers, employees, servants, agents, or subcontractors in performance of this Agreement. CONSULTANT's obligation to the Indemnified Parties shall include reasonable attorney fees, costs and expenses incurred by the Indemnified Parties in such defense, if CONSULTANT is found to have been negligent or othexwise,below the standard of care in performance of work under this Agreement. SECTION 9.TERMINATION. A. City may terminate this AGREEMENT at any time by giving ten days' written notice of termination to CONSULTANT. If City gives such notice of termination, CONSULTANT shall cease immediately all work in progress. B. If CONSULTANT or City fails to perform any material obligation under this AGREEMENT, then, in addition to all other remedies, City or CONSULTANT may terminate this AGREEMENT immediately upon written notice. C. Upon termination by either City or CONSULTANT, CONSULTANT shall deliver to City all property of the City in CONSULTANT's possession and copies of all reports, documents, and other work prepared by CONSULTANT under this AGREEMENT. CONSULTANT shall famish to City a final statement of the work performed for compensation. The statement shall indicate the task to which the work performed is to be charged, according to the categories shown in EXHIBIT "A" of this AGREEMENT. Such statement shall also include a detailed record of actual reimbursable expenses, such as but not limited to copying costs, long distance telephone charges and computerized research. City will prepare a warrant payable to CONSULTANT in the amount approved by City. City will then make final payment to CONSULTANT for services performed and reimbursable expenses incurred, subject to the limitation on reimbursement set forth in this Agreement. D. CONSULTANT may terminate this Agreement at any time upon thirty (30) days' written notice of termination to City. SECTION 10. LAW TO GOVERN; VENUE. The law of the State of California shall govern this agreement. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the county of Los Angeles. In the event of litigation in a U.S. District Court, exclusive venue shall lie in the Central District of California, in Los Angeles. SECTION 11. COMPLIANCE WITH LAWS. CONSULTANT shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government. SECTION 12 NONDISCRIMINATION. CONSULTANT shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religious creed, national origin, ancestry, physical handicap, medical condition or marital status in connection with or related to the performance of this AGREEMENT. SECTION 13.CONFIDENTIAL INFORMATION. CONSULTANT SECTION 14.OWNERSHIP OF MATERIALS. All reports, documents, floppy discs, diskettes or other materials developed or discovered by CONSULTANT during the course of this AGREEMENT shall be solely the property of City. SECTION 15.WAIVER. Waiver by City or CONSULTANT of any breach of any of the provisions of this AGREEMENT shall not constitute a wavier of any other provision nor a waiver of any subsequent breach or violation of the same or any other provision of this AGREEMENT. Acceptance by City of any work or services by CONSULTANT shall not be a waiver of any of the provisions of this AGREEMENT. SECTION 16.CONFLICT OF INTEREST. CONSULTANT shall at all times avoid conflict of interest or appearance of conflict of interest with the interests of the City in the performance of this AGREEMENT. CONSULTANT's right to engage in other employment is subject to the provisions of EXHIBIT "" of this AGREEMENT. SECTION 17.EXHIBITS INCORPORATED. EXHIBITS "A" through " " are attached to and incorporated in this AGREEMENT by this reference. Additional language describing specific duties and responsibilities are outlined in the exhibits and are inclusive to contract. SECTION 18.NOTICES. All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To CITY: City Manager City of Santa Clarita 23920 Valencia Boulevard, Suite 300 Santa Clarita, CA 91355 and to: City Attorney City of Santa Clarita 611 West Sixth Street, Suite 2500 Los Angeles, California 90017 Tel: (213) 236-0600 Fax: (213) 236-2700 to CONSULTANT: Notice shall be deemed effective on the date delivered or transmitted by facsimile or, if mailed, three (3) days after deposit in the mail. SECTION 19.DISPUTE RESOLUTION: PERFORMANCE AFTER DISPUTE. A. All disputes concerning the interpretation, performance, breach or termination of this AGREEMENT shall be decided by binding arbitration before a retired federal or California judge, according to the provisions of Section 1280 et seq. Of the California Code of Civil Procedure, through the Los Angeles County offices of the Judicial Arbitration and Mediation Service ("JAMS"). The parties shall attempt to agree upon a retired judge from the JAMS panel, but if they are unable to agree within thirty (3) days after commencement of a proceeding, JAMS will provide alist of three available judges and each party may strike one. If for any reasons JAMS is unavailable, the dispute shall be decided by a retired federal or California judge, sitting as an arbitrator, and selected by the parties. If the parties are unable to agree upon a retired judge within 30 days after receipt of written notice, a retired judge shall be appointed by the Presiding Judge of the Los Angeles County Superior Court. The arbitrator shall render a written decision stating reasons therefor in reasonable detail within sixty (60) days after his appointment. The arbitrator's award shall be final and enforceable and may be confirmed by the judgment of a court of competent jurisdiction. The prevailing party shall be entitled to recover its costs of arbitration, as well as costs and attorneys' fees, and expert witness fees, as determined b the arbitrator, as well as costs and attorneys' fees in any proceedings to enforce an award. The parties reserve their rights to obtain provisional remedies from the courts, and no application for any such remedy shall be deemed inconsistent with the obligation to arbitrate disputes. B. Except for nonpayment of any portion of a statement presented to City by CONSULTANT, if any dispute arises between the parties to this AGREEMENT, CONSULTANT shall continue to perform pending resolution of the dispute. SECTION 20.PRIOR AGREEMENTS AND AMENDMENTS. This AGREEMENT, including the EXHIBITS, embodies the entire understanding of the parties with respect to the matters addressed in this Agreement and the EXHIBITS and supersedes all other agreements entered into between the parties prior to the execution of this Agreement. No amendment of this AGREEMENT shall be valid unless in writing duty executed by the parties or their authorized representatives. WITNESS THE EXECUTION of this Agreement on the day and year first written above. Attest: THE CITY OF SANTA CLARITA City Clerk Date Approved as to form: BURKE, WILLIAMS & SORENSEN Carl K. Newton, City Attorney Date: M George Caravalho, City Manager Date: COMPANY NAME By: Date: