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HomeMy WebLinkAbout2000-020 " 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. 2000-20 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH JOSEPH E. BONADIMAN & ASSOCIATES, INC. FOR THE DESIGN OF A MASTER PLAN STORM DRAIN IN Mt. VERNON A VENUE FROM BASE LINE STREET TO 16TH STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City, an agreement for professional services with Joseph E. Bonadiman & Associates, Inc. for the design of a master plan storm drain in Mt. Vernon A venue from Base Line Street to 16th Street. A copy of said agreement for professional services is attached as Exhibit" A" and made a part hereof. SECTION 2. The authorization to execute the above referenced agreement is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. III III January 12, 2000 --- .. , . 2000-20 RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH JOSEPH E. BONADIMAN & ASSOCIATES, INC. 1 2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 3 Common Council of the City of San Bernardino at a joint regular 4 meeting thereof 5 held on the 7th 6 wit: day of February , 20~, by the following vote, to 19 The foregoing resolution IS hereby approved this ---,.~ day of February 202000. 21 22 23 Approved as to form 24 and legal content: H V ALLES, Mayor f San Bernardino ---- ! 25 JAMES F. PENMAN City Attorney 26 (' 27 28 By:~ o ?~" January 12, 2000 2 .. 2000-20 EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this 7th day of February, 2000, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Joseoh E. Bonadiman & Associates. Inc. , A California corporation, hereinafter referred to as "ENGINEER". WITNESSETH WHEREAS, City desires to obtain professional services to design a storm drain in Mt. Vernon A venue from Base Line Street to 16th Street; and WHEREAS, in order to design said storm drain, it is necessary to retain the professional services of a qualified engineering and consulting firm; and WHEREAS, Engineer is qualified to provide said professional services; and WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Engineer shall perform those services specified in "Request for Proposal to Provide Professional Design Services for Comprehensive Storm Drain Project (CSDP) No. 7-D13 in Mt. Vernon Avenue from Base Line Street to 16th Street" and "Proposal for Professional Engineering Design for CSDP submitted by Joseph E. Bonadiman & Associates, Inc. dated October 29, 1999", both of which are incorporated herein and on file with the City Engineer. 2. TERM OF AGREEMENT The services of Engineer are to commence within thirty (30) days after the City has authorized work to start by issuance of a Notice to Proceed. The scheduled completion dates specifically set forth in Exhibit "1" attached hereto and incorporated herein as though set forth in full will be adjusted by Engineer as the City authorizes the work. Such adjustments shall require City approval prior to commencement of performance of each phase. This Agreement shall expire as specified by the Exhibit "1" schedule unless extended by written agreement of the parties. 2000-20 , , " EXHIBIT" A" 3. STANDARD OF PERFORMANCE Engineer shall complete all work products and design in conformance with Standard Specifications for Public Works Construction, 2000 Edition, and the City of San Bernardino's Standard Drawings. 4, CHANGES/EXTRA SERVICES A. Performance of the work specified in said Proposal is made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties, All such changes shall be incorporated by written amendments to this Agreement and include any increase of decrease in the amount of compensation due Engineer for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. B. No extra services shall be rendered by Engineer under this Agreement unless City authorizes such extra services in writing prior to performance of such work, Authorized extra services shall be invoiced based on Engineer's "Schedule of Rates", a copy of which is attached hereto as Exhibit "2" and incorporated herein as though set forth in full. 5, COMPENSATION A. The City shall reimburse the Engineer for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Engineer in performance of the work, in an amount not to exceed $45.100. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit "2" attached hereto and incorporated herein as though set forth in full. B. Said compensation shall not be altered unless there is a significant alteration in the scope, complexity or character of the work to be performed, City and Engineer shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Engineer. Any adjustment of the total cost of services will only be permitted when the Engineer establishes and City has agreed in writing that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; or 2 2000-20 EXHIBIT "A" 3. Duration of work if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. C. Engineer is required to comply with all Federal, State, and local laws and ordinances applicable to the work. The Engineer is required to comply with prevailing wage rates in accordance with California Labor Code Section 1775. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Engineer to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. All tasks as specified in Exhibit "I" shall be completed prior to final payment. B. Section 9-1.10 of the Caltrans Standard Specifications is hereby specifically waived and not applicable to this agreement. The parties hereto otherwise agree not to be bound by any other requirements for arbitration of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties, or upon the failure of such agreement, by direct application to the Courts. C. The prevailing party, in any legal action to enforce or interpret any provision of this Agreement will be entitled to recover, from the losing party, all attorneys' fees, court costs, and necessary disbursement in connection with that action. The costs, salary and expenses of the City Attorney and members of his office, in connection with that action shall be considered as Attorneys' fees for the purposes of this Agreement. 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 Engineer and shall be City's agent with respect to obtaining Engineer'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. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Engineer hereby certifies that he/she will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, 3 2000-20 EXHIBIT "A" age, handicap or national ongm. Engineer's hiring practices and employee policies shall comply with applicable federal, state and local laws. Such actions 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 case 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. In the event of termination of this Agreement, City shall within thirty (30) days pay Engineer for all the fees, charges and services performed to City's satisfaction by Engineer, which finding of satisfaction shall not be unreasonably withheld. Engineer hereby covenants and agrees that upon termination of this Agreement for any reason, Engineer 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 under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents shall be at the sole risk of the City and the City agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including Attorney's fees, and liability arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit "2". B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to City and City shall compensate Engineer in the manner set forth above. C. Following the effective date of termination of this 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 Engineer, Engineer fails to meet any of his/her obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Engineer such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be 4 2000-20 EXHIBIT "A" reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Engineer shall notify City within three (3) days in writing when it becomes aware of any event or circumstance for which it claims or may claim an extension. II. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor III the performance of the services provided for under this Agreement. Engineer shall furnish such services in his/her own manner and in no respect shall he/she be considered an agent or employee of the City. 12. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Engineer without the written consent of City. Any attempt by Engineer to assign or subcontract any portion of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Engineer and City: ENGINEER Joseph E. Bonadiman & Associates, Inc. 225 S. Del Rosa Drive, Bldg. 702 San Bernardino, CA 92409 CITY Michael E. Hays, Director Development Services Dept. 300 N. "D" Street San Bernardino, CA 92418 5 2000-20 EXHIBIT "A" 14. RESPONSIBILITIES OF PARTIES A. The Engineer may reasonably rely upon the accuracy of base data provided through the City or its agents without independent evaluation. B. The City shall pay all costs of inspection and permit fees. Charges not specifically covered by the terms of this Agreement shall be paid as agreed by the parties hereto at the time such costs arise; but in no event shall the work to be performed hereunder cease as a consequence of any unforeseen charges unless by mutual written agreement of City and Engineer. C. All tracings, survey notes, and other original documents are instruments of service and shall remain the property of Engineer except where by law, precedent, or agreement these documents become public property. All such documents or records shall be made accessible to City. Engineer shall maintain all records for inspection by the City, State or their duly authorized representatives for a period of three (3) years after final payment. Engineer shall stamp and sign all specifications, estimates, plans and engineering data furnished, and where appropriate, indicate registration number. 15. CONSTRUCTION COST ESTIMATES A. Any opinion of the Construction Cost prepared by Engineer represents his judgment as a design professional and is supplied for the general guidance of the City. Since Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, Engineer does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the City. 16. COVENANT AGAINST CONTINGENT FEE Engineer warrants that no person or agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Engineer for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 6 2000-20 EXHIBIT "A" 17. HOLD HARMLESS CLAUSE A. Engineer hereby agrees to hold City, its elective and appointive boards, officers, and employees harmless from any liability for property damage or for personal injury including death, as well as from claims for property damage, which may arise from Engineer's negligent acts, errors or omissions under this Agreement. B. Engineer shall indemnify, defend and hold free and harmless the City, its officers and its employees from all claims, damages, costs, expenses, and liability, including but not limited to attorney's fees imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents and other duly authorized representatives, of programs or processes supplied to City by Engineer under this Agreement. 18. INDEMNITY Engineer shall indemnify, defend and hold harmless City 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 solely from Engineer's negligent acts, errors, or omissions under this Agreement. Engineer shall not be responsible for, and City shall indemnify, defend and hold harmless Engineer 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 solely from City's negligence. With respect to 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 the joint or concurrent negligence of Engineer and City, each party shall assume responsibility in proportion to the degree of its respective fault. 19. INSURANCE A. The Engineer shall provide professional liability insurance in an amount not less than $250,000.00 (Two Hundred Fifty Thousand Dollars) and comprehensive general liability insurance in an amount not less than $1,000,000.00 (One Million Dollars), single occurrence for injuries or property damage; and, such insurance shall include the City, and its officers, agents and employees as additional insured. 7 2000-20 EXHIBIT "A" B. Engineer shall provide City evidence of insurance in the form of a policy of insurance, in which the City is named as an additional insured to the extent of the coverage required by this Agreement. 20. 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 affect, and to this end the provisions of this Agreement are declared to be severable. 8 2000-20 EXHIBIT "A" 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement 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 instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. JOSEPH E. BONADIMAN &ASSOCIATES, INC. A Califo nia Corporal" By: N : JOS<! f' h C. BonodU'\4Q'1 Tit!: ~lcec!...~ ATTEST: CITY OF SAN BERNARDINO, A municipa orporation I By: ~~ /j,~~ By: Ra el Clark, City Clerk \ Approved as to form and legal content JAMES F. PENMAN City Attorney By: G.a:J>v-<J? o '1 rf. _(jV~~ 9 co " co .cL E N C _-:Od " " E :5 '0 In ~ 0 o .. In " w E c :c .. " E :5 '0 In - ~d ui' o In 11 U5 J:: (e .9 " .!;; 16 ill lD 0 ;.;re N CO "", ..,,,, N Or-. ?~ a; 0 '" CO ~ .. .., '" 0 '" 0 '" '!' tOO N U .3'" '" ... '" ",0 '!'''' N ~<t) U_ .3 '" - '" 0 '" '" ;.;g N e > 0 0 g M Z ... u " .., c o c Ii; > ~ ~ ~ .. ~'" > o Z M ~ .. ...I :i .. o M ... .... U. " .., -- o. .. Cl a. o 5 2000-20 EXHIBIT 1 6 .. Cl a. .u__.__~_____ :;: 'l! " e i :i .. " E ---i- e S <3 .. " E '0 .. e o In HW " :;; e i :i .. ~ .. ...I :i ...____c_ ~ '0 .. e o lD W .. 1 ...I " :;; e i :i .. .. E '0 .. e S w ,; ~ '" .. N ...I N CO ;<'! C\l ;jl C\l 8 " ;jl " 8 ill 8 " C\l " ;jl " " " C\l 8 ;jl ;jl 'f 8 ,g '" 0 0 '" '" '" '" N ~ ~ " ~ c 6 a. CO ~ Ol .. '" .s :5 :; .9 j Ii; .. J:: ~ ;; e C; 13 II .. .. 0 .. a: .. e 1:; .iii ill ~ 0' ~ '0 M ... '6> ~ 8- .. ~ TO ~ - e ...I 1i :l - <J .l! ~ JI! c o. ~ :; W e li .. Cl .2 D: E ~ ~ Ol 13 :l .c ;; ~ .. a: :t: 1i ~ :l Ul .. ~ .. l! " E a: 1i :; OJ ;; w ;; <t .!! c " .. w . :c : a: " ;:; e :l ill .. u u .ll .. .. " '0 >> 8 " OJ e a: a: .. )( c Ii: :g c <; " c .. '" a. .!l Ul u :I: Ol ;:; <J . :;; tl! <J ~ 0 e ~ .c c 0 U <IJ <; .. o. .. ~ >. ... .. ;;; ;; .. ~ .. u .. D: ~ .. 2 .. '" .. 0. .. .. .. lil u - 0 '" :> .. w a: ~ i;; u .. <; w E E <J c: .. c: >> c o. .. <( '0 .. 1:; 1iS e C CO .. tl! 8' .c 8- a. ~ " .. '" " .. "- e .. .. 0 .. } :l .. Ul E .. Ul l! ~ Ul <J Z Ul i '0 I a: D: u '0 Cl o. .. :l 0 Ol II { a. ~ .. 0 '" 0 o. U ~ W ... 'I " >> ~ .g ... ;;; " ;; ;;; .. :: Ii .. '0 e .. e :> " '" >> " c '" " '" Ul I- ::Ii Ii: w <J :I: Cl o. o. Ii: <J a: <J Ii: a. Q ~ ... N ... e " E '0 .. e o lD ~ e o .. ... " .., c .. .. E '0 ". e o lD <Ii 1J; ~J ..~ill... .--.--....J.a>---:::e.... .:':::::-: :i ::.:.::. Fl. LJ >> " :l en .. .l! :; " ~ >> :I: .. >. 8' '0 - " >> :I: Ol CO ;; :l U X W 2000-20 EXHIBIT 2 Fee Proposal (Revised Jan. 28, 2000) Mt. Vernon Task Items Fee Meet w/ City/Collect Project Information $800 Field Survey/"X" SectionsIBase Mapping $3,500 Utility Research/Data Collection $1,800 Hydraulics Study $4,500 Final Hydraulics Report $700 Geotechnical Field Work & Lab $2,000 Perform Preliminary Engineering $4,000 Final Geotechnical Report $500 Draft PS&E $19,500 Revise Draft PS&E $3,000 Final PS&E $2,000 Professional Liability Insurance $3,500 Total Fee $45,100 8.1 PAGE 1 OF 2 ill JOSEPH E. BQNADtMNII & ASSOCIATES INC. 2000-20 EXHIBIT 2 Schedule of Rates Hourlv Rates I. 1I. Ill. Principals (P.E.) ............................................................. $140.00 Project Manager (P.E.) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 120.00 Project Engineer (P.E.) ......................................................... 110.00 . . IV. Senior Engineer (p.E.)/Surveyor (1.S.) ............................................. 100.00 V. Associate Engineer (P.E.)/Surveyor (L.S.) ......................................... . . . 90.00 VI. Assistant Engineer/Surveyor ...................................................... 80.00 VII. Junior Engineer/Surveyor ........................................................ 70.00 VIII. Engineering/Surveyor Technician 1I ................................................ 65.00 IX. Engineering/Surveyor Technician I ................................................. 60.00 X. Draftsperson III (CAD) .......................................................... 60.00 XL Draftsperson 1I (CAD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 55.00 XII. Draftsperson I ................................................................. 50.00 XIII. Bookkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 40.00 XIV. Secretarial. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 XV. Field Engineering: Resident Engineer ....................................................... 80.00 Field Survey Supervisor . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . 80.00 Resident Inspector ....................................................... 70.00 2-Man Survey Crew (Mileage, Materials & Equipment included) . . . . . . . . . . . . . . . . . .. 150.00 3-Man Survey Crew (Mileage, Materials & Equipment included) . . . . . . . . . . . . . . . . . .. \90.00 XVI. Miscellaneous Services and Expenses: Computer Services (CAE) ................................................. 50.00 Computer Services (CADO) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 15.00 Subsistence ....................................................... Cost + 15% Material & Other Expenses ........................................... Cost + 15% Mileage Charges .................................................. $.35 per mile Prints. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Current Rate Telephone ........................................................ Cost + 15% Outside Consultant Service ........................................... Cost + 15% Per Diem ........................................................ Current Rate 9.1 PAGE 2 OF 2 .. JOSEPH E. BQNADIMNoI.& ASSOCIATES INC.