HomeMy WebLinkAbout2000-326
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RESOLUTION NO. 2000-326
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 FOUR
(4) 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 Four (4) Bridges (Exhibit "A"). A contract is entered into with said firm for the
actual costs incurred, not to exceed $361,053.00, 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 ofthe 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 This resolution is rescinded if the parties of the contract fail to execute it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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2000-326
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RESOLUTION...AUTHORIZING THE EXECUTION OF AN AMENDED
AGREEMENT WITH LIM AND NASCIMENTO, INC. FOR PROFESSIONAL
ENGINEERING AND DESIGN SERVICES FOR SEISMIC RETROFIT OF FOUR (4)
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
6 20th day of November ,2000, by the following vote, to wit:
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Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
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LIEN x
MC GINNIS ~
SCHNETZ x
SUAREZ x
ANDERSON ~
MC CAMMACK x
-
~nd~~dU2cv~
City Clerk
The foregoing resolution is hereby approved this 21st
day of November, 2000.
~.;~~Q/-----
,
Approved as to
form and legal content:
Betty Dean Anderson
Mayor Pro Tern
City of San Bernardino
JAMES F. PENMAN,
:;Fey 1- L--
2000-326
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 20th of November 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,
construction documents, construction management and inspection for the seismic retrofit of four (4) bridges.
WHEREAS, in order to develop plans, specifications, estimates, construction documents, construction
management and inspections, 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; and
NOW, THEREFORE, it is mutually agreed, as follows:
I. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of Services" and as contained in the
cost proposal dated October 4,2000 (which is on file at the City Clerk's Office), a copy of which
is attached hereto as Exhibit" I" and incorporated herein as though set forth in full.
2. TERM OF AGREEMENT
Engineer shall commence within thirty (30) days after the City has authorized work to start by
issuance of a Notice to Proceed. Phasc I, II, III services shall be completed within ISO days after
Notice to Proceed unless amended 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 within
315 days after City issues a 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 Construction (Green Book), Caltrans Bridge Design Standards
and the City of San Bernardino's Standard Drawings.
2000-326
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 $361.053.00. Actual costs shall not
exceed the estimated wage rates and other costs as set forth in Exhibit" I" 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:
I. 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 in 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 System, Chapter I, 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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2000-326
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 I, 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 $10,000, entered into as a result of this contract, shall
contain all the provisions of this Agreement.
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 1-1/2 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
"I" 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 Federal Highway Administration may review and inspect the Engineer's
activities during the progress of the program.
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2000-326
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 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 "I".
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.
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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.
II. 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 shall not assign this Agreement, nor any portion thereof 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
Mr. Peter Lim
Lim and Nascimento Engineering Corporation
1836 "L" Commercenter Circle
San Bernardino, CA 92408
CITY
Mr. William Woolard
Development Services Interim Director
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_
R 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.
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2000-326
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 lOllS, 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 if requested.
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.
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 permitting termination for cause and, at its sole discretion, to deduct from the
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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.
R 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 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 indemnify, 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 this Agreement.
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. Comprehensive General Liability 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 Compensation 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.
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20. V ALTDITY
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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2000-326
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:
CITY OF SAN BERNARDINO
BY: Rachd2 f}OJcb
Rachel Clark, City Clerk
City of San Bernardin~
eJ 0DLYLclNvYMCIM10J)JefXi1ff
BY~~' .~
Betty Dean Anderson
Mayor Pro Tern
City of San Bernardino
Approved as to form
And legal content:
JAMES F. PENMAN
City Attorney
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LIM AND NASCIMENTO ENGINEERING
CORPORATION /
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NAME:
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TITLE:
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