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HomeMy WebLinkAbout2003-350 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2003-350 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A SERVICES AGREEMENT WITH TRANSTECH ENGINEERING, INC. (KNOWN AS THE TEAM OF TRANSTECH/MAPCO) FOR DESIGN OF SANITARY SEWER LINE REPLACEMENT ANDIOR UPGRADES IN "E" STREET BETWEEN HUNTS LANE TO MC KAY DRIVE, CHANDLER PLACE FROM "E" STREET TO ORANGE SHOW ROAD, INLAND CENTER DRIVE FROM "H" STREET TO 1-215 FREEWAY, INLAND CENTER DRIVE FROM SCENIC DRIVE TO 1-215 FREEWAY, VIRGINIA STREET FROM "I" STREET TO "H" STREET, 17TH STREET FROM "I" STREET TO "H" STREET, AND AN ALLEY SOUTH OF JEFFERSON STREET TO INLAND CENTER DRIVE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Transtech Engineering, Inc. is competent, experienced and able to perforn1 the design of sanitary sewer line replacement andlor upgrades and have provided the most advantageous and best proposal for provision of the design of sanitary sewer line replacement andlor upgrades in "E" Street between Hunts Lane to McKay Drive, Chandler Place from "E" Street to Orange Show Road, Inland Center Drive from "H" Street to 1-215 Freeway, Inland Center Drive from Scenic Drive to 1-215 Freeway, Virginia Street from "I" Street to "H" Street, 17''' Street from "I" Street to "H" Street, and an alley south of Jefferson Street to Inland Center Drive., per Agreement for Professional Services, attached hereto and incorporated herein as Exhibit A, for the not to exceed amount of $106,200, with a contingency fee of $3,800 (in the event the scope of work needs to be expanded), for a total of $110,000. Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said services to said firm. The Mayor is hereby authorized and directed to execute said Agreement on behalf of the City. SECTION 2. The authorization to execute the above referenced Agreement is rescinded ifit is not executed within sixty (60) days of the passage of this resolution. III III - I - 2003-350 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 RESOLUTION...APPROVING A SERVICES AGREEMENT WITH TRANSTECH ENGINEERING, INC. (KNOWN AS THE TEAM OF TRANSTECH/MAPCO) FOR DESIGN OF SANITARY SEWER LINE REPLACEMENT AND/OR UPGRADES IN "E" STREET BETWEEN HUNTS LANE TO MC KAY DRIVE, CHANDLER PLACE FROM "E" STREET TO ORANGE SHOW ROAD, INLAND CENTER DRIVE FROM "H" STREET TO 1-215 FREEWAY, INLAND CENTER DRIVE FROM SCENIC DRIVE TO 1-215 FREEWAY, VIRGINIA STREET FROM "I" STREET TO "H" STREET, 17TH STREET FROM "I" STREET TO "H" STREET, AND AN ALLEY SOUTH OF JEFFERSON STREET TO INLAND CENTER DRIVE. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 15th December , 2003, by the following vote, to wit: day of Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA X LONGVILLE X MC GINNIS X DERRY X SUAREZ X ANDERSON X MC CAMMACK X - rA~~d {) CUA-k_ CitY-clerk 22 The foregoing resolution is hereby approved this /~7" ay.of December ,2003. 23 24 25 26 27 28 Approved as to form and legal content: JAMES F. PENMAN, City Attorney J -7 ) By: ..~ '7'V~ c - 2 - , . 2003-350 ATTACHMENT "A" AGREEMENT FOR PROFESSIONAL SERVICES (FOR NON-FEDERALLY FUNDED PROJECTS) This AGREEMENT is made and entered into this 15th day of December, 2003, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Transtech Engineering, Inc., hereinafter referred to as "CONSULTANT." WITNESSETH: A. WHEREAS, CITY has need for sanitary sewer design; and, B. WHEREAS, CONSULTANT is competent, experienced and able to perform said services; and, C. WHEREAS, CONSULTANT has provided the most advantageous and best proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: I. SCOPE OF SERVICES Consultant shall perform those services specified in the Proposal dated October 17, 2003, for preparation of plans, specifications, and estimates for "Sanitary sewer line replacement/upgrades in "E" Street from Hunts Lane to McKay Drive; Chandler Place, from "E" Street to Orange Show Road; Inland Center Drive, from "H" Street to 1-215 Freeway; Inland Center Drive, from Scenic Drive to 1-215 Freeway; Virginia Street, from "I" Street to "H" Street; 17'h Street, from "I" Street to "H" Street; and an alley south of Jefferson Street to Inland Center Drive," attached and incorporated herein as Exhibit I, and as directed by the City of San Bernardino. ~ "-. TERM OF AGREEMENT The services of Consultant are to commence after the City has authorized work to start by issuance of a Notice to Proceed. This Agreement shall expire one year from the date of this Agreement unless extended by written agreement of the parties. 3. STANDARD OF PERFORMANCE Consultant shall complete all work product and design in conformance with City of San Bernardino Standard Specifications and Standard Drawings. -1- 2003-350 Agreement for Professional Services with Transtech Engineering, Inc. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the Proposal is made an obligation of Consultant under this Agreement, subject to any changes made subsequently upon mutual written agreement of the parties. Any change, which has not been so incorporated, shall not be binding on either party. 5. COMPENSATION A. The City shall reimburse the Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in performance of the work, in an amount not to exceed $106,200, with an additional contingency amount of $3,800, for a total amount of $110,000, except that reimbursement shall not include courier services, mileage or reimbursement for travel to the City to attend meetings or conduct the activities. Actual costs shall not exceed the estimated wage rates and other costs as set forth in the Proposal. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. Any adjustment of the total cost of services will only be permitted when the Consultant establishes and City has agreed, in writing, that there has been, or is to be, a significant change. C. The Consultant is required to comply with all Federal, State and local laws and ordinances applicable to the work. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Consultant to City and shall be paid by City within thirty (30) days after receipt of same, excepting any amounts disputed by City. City retains the right to challenge all or any part of an invoice. All tasks as specified in Proposal shall be completed prior to final payment. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Development Services of City or his designee, shall have the right of general supervision over all work performed by Consultant and shall be City's agent with respect to obtaining Consultant's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Development Services or his designee. - 2- ,-- I' , 2003-350 Agreement for Professional Services with Transtech Engineering, Inc. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS AND AMERICANS WITH DISABILITIES ACT Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or disability. Consultant's hiring practices and employee policies shall comply with applicable Federal, State and local laws. Such action shall include, but not be limited to, the following: Recruitment and recruitment advertising, employment, upgrading and promotion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty (30) days written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following date of such notice within which to correct the substantial failure giving rise to such notice. Consultant hereby covenants and agrees that upon termination of this Agreement for any reason, Consultant will preserve and make immediately available to City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished may continue. Any subsequent use of such incomplete documents shall be at the sole risk of the City and City agrees to hold harmless and indemnify Consultant from any claim, losses, costs, including Attorney's fees, and liability arising out of such use. B. This Agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Consultant. Upon such notice, Consultant shall provide work product to City and City shall compensate Consultant in the manner set forth above. C. Following the effective date of termination of the Agreement pursuant to this Section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Consultant, Consultant fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Consultant such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the - 3 - ~ 2003-350 Agreement for Professional Services with Transtech Engineering, Inc. circumstances. Increases in payment shall be made only under the "changes" provision of the Agreement. II. INDEPENDENT CONTRACTOR Consultant shall act as an independent contractor in the performance of the services provided for under this Agreement. Consultant shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of the City. 12. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Consultant without the written consent of City. Any attempt by Consultant to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Consultant and City: Consultant Transtech Engineering, Inc. 198 No. Arrowhead Avenue San Bernardino, CA 92408 Ph: (909) 383-8579 Fax: (909) 595-8863 City Mr. James Funk, Director Development Services Department City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 14. RSPONSIBILITIES OF PARTIES Upon termination, or completion of all work under this Agreement, Consultant will transfer ownership and title to City of all programs, reports, documents, plans and specifications. 15. INDEMNITY Consultant shall indemnify, defend and hold CITY, its officers, employees and agents harmless from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities, of, by, or with respect to third parties, which arise from Consultant's negligent performance of services under this Agreement. Consultant shall not be responsible for, and City shall indemnify, defend and hold harmless Consultant from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, - 4- 2003-350 Agreement for Professional Services with Transtech Engineering, Inc. penalties, costs, expenses (including attorneys' fees) and liabilities of, by or with respect to third parties, which arise from the City's negligence. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Consultant and City, each party shall assume responsibility in proportion to the degree of its respective fault. 16. LIABILITYIINSURANCE A. Consultant's liability to the City for injury or damage to persons or property arising out of work performed by the Consultant and for which legal liability may be found to rest upon Consultant other than for professional errors and omissions, shall be a minimum of $1,000,000. For any damage or injury on account of any error, omission or other professional negligence, Consultant's liability shall be limited to a sum not to exceed $50,000 or Consultant's fee, whichever is greater. B. The City will require the Consultant to provide Worker's Compensation and Comprehensive General Liability Insurance, with coverage sufficient to insure the Consultant's liability, as above required; and, such insurance shall include the City, and each of it's officers, agents and employees as additional insured with exception to additional insured under Worker's Compensation. C. Consultant shall provide evidence of insurance with a 10-day notice to City of termination or material change. 17. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 18. ENTIRE AGREEMENT This Agreement represents the entire and integrated understanding between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings and Agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instnlment signed by both parties. 1/1 - 5 - , 2003-350 Agreement for Professional Services with Transtech Engineering, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. Date: Date: 1.;;- /8 -(13 ATTEST: ~k~~ Rache Clark, CIty Clerk Approved as to form and legal content: Jamcs F. Pcnman City Attorney J By: ,! ">. ~ // " c;.:?,~~ III T~7,~,mc '-/' by: Signature ~.:::; [v) ~ A I,' (~-::J t'v- Pri t Na e/Tltle SAN BERNARDINO by: .~. Judit Mao . y f San Bernardino - 6- 2003-350 ATTACHMENT "B" SEWER UPGRADE "E" STREET AND SIX OTHER LOCATIONS COMBINED RFP AND INTERVIEW SCORES Rater Transtech/Mapco Associated Engineers Hall & Foreman Director 93.5% 73.5% 56% Senior Planner 93% 84.5% 72% Engineering 96% 76% 71% AssociatelProject Manager City Engineer 89.5% 86% 64% Average 93% 80% 66% 2003-350 ATTACHMENT "c" "E" Street and Six Other Locations Transtech Engineering, Inc.lMapco Engineers, Inc. San Bemardino, CA Associate Engineers San Bernardino, CA Hall & Foreman, Inc. Fontana, CA Not to Exceed $106,200 (including $5,000 for potholing and $5,000 for soils investigation). (Note: TranstechlMapco offers a 5% reduction in fee if awarded both the Arrowhead and "E" Street design projects). Not to Exceed $99,825 (including $10,000 for potholing) $106,090 Fixed Fee (including $12,650 for potholing and $7,035 for geotech). During the interview, the Project Manager indicated a willingness to consider a "Not to Exceed" fee for some services. *The RFP requested a proposed "Not to Exceed" fee for each project. U:[}irector's Memos/Proposed Fees Sewer Upgrade/dlw