HomeMy WebLinkAbout2000-137
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RESOLUTION NO. 2000-137
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY'
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH LIM AND NASCIMENTO, INC. FOR CIVIL ENGINEERING AND
CONSTRUCTION MANAGEMENT SERVICES FOR SEISMIC RETROFIT OF SIX
(6) BRIDGES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. THAT THE MAYOR is authorized to execute the Agreement with Lim
and Nascimento, Inc. for Civil Engineering and Construction Management Services for Seismic
Retrofit of Six (6) Bridges (Exhibit "A"). A contract is entered into with said firm for the
actual costs incurred, not to exceed $232,277.00, but such agreement shall be effective only
upon being fully executed by both parties. The Mayor is hereby authorized and directed to
execute said agreement on behalf of the City; a copy of the agreement and proposal is on file in
the office of the City Clerk and incorporated herein by reference as fully as though set forth at
length.
SECTION 2. This agreement and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties of the contract fail to execute it
within sixty (60) days of passage of the resolution.
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2000-137
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11 MC GINNIS
RESOLUTION...AUTHORIZING THE EXECUTION OF AN AMENDED
AGREEMENT WITH LIM AND NASCIMENTO, INC. FOR PROFESSIONAL
ENGINEERING AND DESIGN SERVICES FOR SEISMIC RETROFIT OF SIX (6)
BRIDGES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
Joint
and Common Council of the City of San Bernardino at a Regular meeting thereof, held on the
19th June
day of , 2000, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
x
ESTRADA
x
LIEN
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x
12 SCHNETZ
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SUAREZ
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x
ANDERSON
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MC CAMMACK
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The foregoing resolution is hereby approved this c::;2;3 day of ~ ~
2000. ?'
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Esther Estrada
Mayor Pro Tern
Approved as to
Form and legal content:
JAMES F. PENMAN,
City Attorney
Bcr- iL
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2000-137
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this l~..d of ~rv- 2000, by and between
the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the
"CITY" and Lim and Nascimento Engineering Corporation, a California corporation, hereinafter referred
to as "ENGINEER".
WITNESSETH
WHEREAS, City desires to obtain professional services to prepare plans, specifications, estimates,
constmction documents, construction management and inspection for the seismic retrofit of six (6)
bridges.
vn-rEREAS, in order to develop plans, specifications, estimates, constmction documents,
constmction management and inspections, it is necessary to retain the professional services of a qualified
engineering and consulting fiml; 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; and
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of Services" and as contained in
the proposal dated February 18, 2000, (which is on file at the City Clerk's Office) and
letter dated April 17, 2000, a copy of which is attached hereto as Exhibit "I" and
incorporated as though set forth in full.
2. TERM OF AGREEMENT
Engineer to commence within thirty (30) days after the City has authorized work to start by
issuance of a Notice to Proceed. Phase I, II, III services shall be completed 150 days after
Notice to Proceed unless aniended by the City. The Phase IV services shall not commence
until a Notice to Proceed has been issued for that phase. Phase IV services shall be
completed 315 days after Notice to Proceed for Phase IV unless amended by the City.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work products and design in conformance with Standard
Specifications for Public Works Constru.ction (Green Book), Caltrans Bridge Design
Standards and the City of San Bernardino's Standard Drawings.
2000-13 7
4. CHANGES /EXTRA SERVICES
A. Performance of the work specified in the "Scope of Services", 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
considered as additional tasks and shall be incorporated by written amendments to
this Agreement and include any increase or 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 the authorized additional task
amounts.
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 $232.277.00.
Actual costs shall not exceed the estimated wage rates and other costs as set forth in
Exhibit "1" attached hereto and incorporated herein as though set forth in full.
B. Said compensation shall not be altered unless there is 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; and
3. Duration of work if the change from the time period specified III the
Agreement for Completion of the work warrants such adjustment.
C. The 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 1770.
D. The Engineer agrees that the Contract Cost Principles and Procedures, 48 CFR,
Federal Acquisition Regulations Sy~tem, Chapter 1, part 31 et seq., shall be used to
determine the allowability of individual items of cost.
E. The Engineer also agrees to comply with Federal procedures in accordance with 49
CFR, Part 19, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
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2000-13 7
F. Any costs for which payment has been made to Engineer that are determined by
subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local
Governments, are subject to repayment by Engineer to City.
G. Any subcontract in excess of $1 0,000, entered into as a result of this contract, shall
contain all the provisions of this Article.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted
every four (4) weeks by Engineer to City and shall be paid by City within twenty
(20) days after receipt of same, excepting any amounts disputed by City. Dispute
over any invoiced amount shall be noticed to the Engineer within ten (10) days of
billing and a meet and confer meeting for purposes of resolution of such dispute
shall be initiated by the City within (10) days of notice of such dispute. Interest of
1-112 percent per month (but not exceeding the maximum rate allowable by law)
will be payable on any amounts not in dispute and not paid within thirty (30) days
of the billing date, payment thereafter to be applied first to accrued interest and
then to the principal unpaid amount. On disputed amounts, interest shall accrue
from thirty (30) days of the invoice date if the amount in dispute is resolved in
favor of the Engineer. All tasks as specified in Exhibit "1" shall be completed prior
to final payment.
B. Section 9-1.10 of the Cal-Trans 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 binding 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. No payment will be made for any work performed prior to approval of this contract
by City and Notification to Proceed.
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.
B. The Office of the Administrator may review and inspect the Engineer's activities
during the progress of the program.
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2000-137
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, age, handicap or national
origin. Engineer shall comply with all State and Federal Civil Rights Laws in its hiring
practices and employee policies. 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 the 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 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. 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 resume within forty-five (45) days of termination. Any subsequent
use of such incomplete documents, other than their originally intended use, 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 "1".
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.
D. 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.
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2000-137
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 its 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 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 circumstances for
which it claims or may claim an extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor and shall not be considered an employee of
the City in the performance of the services provided for under this Agreement. Engineer
shall furnish such services in its own manner. This Agreement is not intended and shall
not be construed to create the relationship of agent, servant, employee, partnership, joint
venture, or association between Engineer and the City.
12. ASSIGNMENT OR SUBCONTRACTING
Engineer thereof, may assign neither this Agreement, nor any portion without the written
consent of City. Any attempt by Engineer 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. 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
CITY
Mr. Peter Lim
Lim and Nascimento Engineering Corporation
1836 "L" Commercenter Circle
San Bernardino, CA 92408
Mr. Michael E. Hays
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data provided through the
City or its agents.
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B. The City shall pay all costs of inspection and permit fees for San Bernardino
County Flood Control District. 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. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract
will automatically be vested in the City and no further agreement will be necessary
to transfer ownership to the City.
D. It is understood and agreed that all calculations, drawings and specifications,
whether in hard copy or machine readable form are intended for one-time use in the
construction of the project for which this contract has been entered into.
E. The Engineer is not liable for claims, liabilities or losses arising out of, or
connected with, the modification or misuse by the City of the machine readable
information and data provided by the Engineer under this agreement; further, the
Engineer is not liable for claims, liabilities or losses arising out of, or connected
with, any use by the City of the project documentation on other projects, for
additions to this project, or for the completion of this project by others, excepting
only such use as may be authorized, in writing, by Engineer.
F. For the purpose of determining compliance with Public Contract Code Section
10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section
2500 et. seq., when applicable, and other matters connected with the performance
of the contract pursuant to Government Code Section 8546.7, the Engineer,
subconsultant, and the City shall maintain all the books, documents, papers,
accounting records, and other evidence pertaining to the performance of the
contract, including but not limited to, the costs of administering the contract. All
parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of
final payment under the contract. The State, the State Auditor, FHW A, or any duly
authorized representative of the Federal government having jurisdiction under
Federal laws or regulations (including the basis of Federal funding in whole or in
part) shall have access to any books, records, and documents of the Engineer that
are pertinent to the contract for audits, examinations, excerpts, and transactions,
and copies thereof shall be furnished ifrequested.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction, cost prepared by Engineer represents his
judgement 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.
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2000-13 7
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling 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 pernlitting 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.
17. HOLD HARMLESS CLAUSE
A. 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.
B. The prevailing party in any legal action to enforce or interpret any provisions of
this Agreement will be entitled to recover from the losing party all reasonable
attorneys' fees, court costs, and necessary disbursements in connection with that
action. The costs, salary, and expense 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.
18. INDEMNITY
Engineer agrees to indenmify, defend, and hold harmless the City of San Bernardino, and
its agents, officers and employees from and against any and all liability, expense and
claims for damages of any nature whatsoever, including, but not limited to, costs, bodily
injury, death, personal injury, or property damages, arising from or connected with
Engineer's operations, or any aspect of its performance under Agreement.
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2000-137
19. LIABILITY/INSURANCE
Engineer shall maintain insurance policies meeting the minimum requirements set forth herein.
All insurance maintained by the Engineer shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City
prior to the Engineer performing any of the services under this Agreement. All insurance
certificates required herein shall name the City as an additional insured and provide for thirty-
(30) days written notice from the insurer to the City prior to cancellation of any insurance
policy of the Engineer.
A. Errors and Omissions. The Engineer shall maintain errors and omissions insurance
with a combined single limit of not less than Two Million Dollars ($2,000,000.00)
per occurrence.
B. Comorehensive General Liabilitv and Automobile Insurance. The Engineer shall
maintain comprehensive general liability and automobile liability insurance with a
combined single limit of not less than One Million Dollars ($1,000,000.00) per
occurrence.
C. Worker's ComjJensation Insurance. The Engineer shall maintain worker's
compensation insurance in accordance with the laws of the State of California for
all workers employed by the Engineer.
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.
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.
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2000-137
AGREEMENT FOR Professional Services with Lim and Nascimento Engineering Corporation.
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.
ATTEST:
BY: ~~ fJwJJ
Ra hel Clark, CIty Clerk
bt~~~
Approved as to form
And legal content:
JAMES F. PENMAN
City Attorney
BY:
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CITY OF SAN BERNARDINO
JudIth Valles, Mayor
City of San Bernardino
LIM AND NASCIMENTO ENGINEERING
CORPORATION
BY:
o
NAME:
,,1 ;v/JSum~NlQ
TITLE:
PIZ€- S/pl~-PJ I
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EXHIBIT 1
LIM AND NASCIMENTO ENGINEERING CORPORATION
1M
April 17, 2000
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
MICHAEL E. HAYS, DIRECTOR
300 North "D" Street
3'"' Floor, City Hall
San Bernardino, CA 92418
ATTENTION:
MR. RAYMOND A. CASEY, PE
CITY ENGINEER
SUBJECT: REVISED COST PROPOSAL: PROVIDE PROFESSIONAL CIVIL ENGINEERING AND
CONSTRUCTION MANAGEMENT SERVICES FOR BRIDGES SEISMIC RETROFIT
Dear Mr. Casey:
Um And Nascimento Engineering Corporation (LAN) is pleased to submit this revised cost
proposal to provide civil engineering and construction management services for seismic retrofit
bridge project.
It is our understanding that the City would provide surveying services for the project. In addition to
the surveying services, the City will provide supplemental inspectors to perform construction
inspection during the construction phase.
Based on our past experience, we have allowed for 140 working days for the construction phase.
Therefore the cost proposal for the construction phase allow for only one full time construction
engineer/inspector for the duration of 140 working days. Additional funds may be required, if the
construction period extend beyond 140 working days.
We are excited about the opportunity to serve you and would like to thank you for giving LAN the
opportunity to be of service
Very truly yours,
lIM AND NASCIMENTO CORPORATION
~.
PETER LIM, PE
PROJECT MANAGER
1836L COMMERCENTER CIRCLE
SAN BERNARDINO, CA 92408
TEL: (909) 890-0477
FAX: (909) 890-0467
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