HomeMy WebLinkAbout2000-359
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RESOLUTION NO. 2000-359
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH LUDWIG ENGINEERING FOR CIVIL ENGINEERING SERVICES FOR
PAVEMENT WIDENING AND REHABILITATION AT 40TH STREET BETWEEN
ACRE LANE AND WATERMAN AVENUE.
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 Ludwig
Engineering for Civil Engineering Services for Pavement widening and rehabilitation at 40th
Street between Acre Lane and Waterman Avenue. A contract is entered into with said firm for
the actual costs incurred, not to exceed $45,624.00, with a contingency amount of $4,562.00,
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 is attached as Exhibit A 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 This resolution is rescinded if the parties of the contract fail to execute it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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2000-359
1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AMENDED
AGREEMENT WITH LUDWIG ENGINEERING FOR CIVIL ENGINEERING
2 SERVICES FOR PAVEMENT WIDENING AND REHABILITATION AT 40TH
STREET BETWEEN ACRE LANE AND WATERMAN AVENUE.
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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 18th day of December ,2000, by the following vote, to wit:
Council Members:
AYES
ABSTAIN ABSENT
NAYS
ESTRADA
x
LIEN
x
MC GINNIS
x
SCHNETZ
x
SUAREZ
~
ANDERSON
x
MC CAMMACK
x
Q~ /:2,~
City tlerk -
The foregoing resolution is hereby approved thi~ day of December ,2000.
Approved as to
form and legal content:
~~~~~/
./ Wen~McCammack
Mayor Pro Tern
City of San Bernardino
JAMES F. PENMAN,
City Attorney
By:
2000-359
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this 18th of December2000, by and
between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter
referred to as the "CITY" and Ludwig Engineering, a California corporation, hereinafter
referred to as "ENGINEER".
WITNESSETH
WHEREAS, City desires to obtain professional services to prepare plans,
specifications, estimates, and construction documents for the pavement widening and
rehabilitation at 40th Street between Acre Lane and Waterman Avenue.
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 the "Response to Request for
Qualifications, Preparation of Plans, Specifications and Cost Estimates for Street
Improvements at 40th Street", (a copy of which is on file in the City Clerk's
Office), the work tasks and the Hourly Fee Breakdown, a copy of which is
attached hereto as Exhibit "I" and all of which are incorporated herein as
though set forth in full.
2. TERM OF AGREEMENT
Engineer shall commence within fifteen (15) days after the City has authorized
work to start by issuance of a Notice to Proceed, services shall be completed
110 days after Notice to Proceed 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), and the
City of San Bernardino's Standard Drawings.
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2000-359
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. Engineer shall render no extra services 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 $45.624.00. 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 atld 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 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.
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2000-359
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.
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 "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.
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2000-359
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.
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 harrnless
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" .
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2000-359
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 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 or 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.
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2000-359
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. Glenn Ludwig
Ludwig Engineering
109 E. 3 ,d Street
San Bernardino, CA 92410
CITY
Mr. William Woolard
Development Services Interim Director
300 N. "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. Engineer may reasonably rely upon the accuracy of data provided
through the City or its agents.
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. 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.
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2000-359
F. For 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, FHWA, 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 Agreement price or consideration, or otherwise
recover, the full amount of such commission, percentage, brokerage or
contingent fee.
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2000-359
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
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, concerning 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 One Million
Dollars ($1,000,000.00) per occurrence.
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2000-359
B. Comorehensive 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.
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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2000-359
AGREEMENT FOR Professional Services with Ludwig Engineering
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:
Qo-JJ. h,~
Rachel Clark, City Clerk
City of San Bernardino
B~
/" Wen cCammack
Mayor Pro Tern
City of San Bernardino
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
-~
LUDWIG ENGINEERING
~ U~- /-(/3-0/
BY: 'Signature' 7
NAME: G/en L Lcultg Nj
TITLE: J1-<=:>'de~ -(
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2000-359
Exhibit 1
ATTACHMENT A
40'" STREET WESTERLY OF ACRE LANE TO WATERMAN AVENUE
PAVEMENT WIDENING REHABILIT A nON PROJECT
WORK TASKS
1.0 Project Development Meetings. Confirm understanding of project details with staff, compile
available preliminary plans and rnaps, and attend periodic project meetings.
2.0 Tapa and Design Surveys
2.1 Perform topographic surveys within the proposed right of way limits between Johnson
Street (Westerly of Acre Lane) and Electric Avenue.
2.2 Secure all vertical and horizontal data for matching existing curb and gutter, sidewalks,
and pavement.
2.3 Survey location of existing surface facilities such as manhole covers, valve covers, curb
and gutter, driveway depressions between Electric and Waterman Avenues.
2.4 Perform topographic survey at intersection of Sierra Way.
3.0 Materials Investigation
3.1 Core existing pavement to secure thickness of existing pavement characteristics of base
and subgrade.
3.2 Perform "R" value tests on subgrade and using T.!. furnished by the City, determine
structural sections.
3.3 Make recommendations for rehabilitating existing pavement.
3.4 Meet with City staff and review suggested structural section for street widening and
recomrnendations for pavement rehabilitation.
4.0 Construction Drawings
4.1 Prepare plan and profile for widening 40th Street to four lanes between Acre Lane and
Electric A venue.
4.2 Prepare plan for the partial reconstruction of the intersection at Sierra Way to facilitate
the movement of traffic along 40lh Street.
4.3 Prepare signal modification plan for the existing signal at Electric A venue. Address
replacement of detector loops in the specifications for Sierra Way, Sepulveda and
Waterman Avenues.
2\C:\MyFiles\Proposals\SB City 40th-Del Rosa Cost.rjr
2000-359
4.4 Prepare plans showing method and lirnits of pavement rehabilitation between Electric
and Waterman Avenues and striping, pavement markings, and raised pavement markers
from Johnson Street to Waterman Avenue.
5.0 Right of Way Map - Using record information, prepare right of way map for the acquisition of
property required for street widening.
6.0 Special Provisions - Prepare provisions which supplement or modify the Standard Specifications
for Public Works Construction.
7.0 Cost Estimate - Prepare final quantity and cost estimate.
2\C:\MyFiles\Proposals\SB City 40th-Del Rosa Cost.rjr
2000-359
ATTACHMENT A-I
4W"STREETIMPROVEMENTS
JOHNSON STREET TO WATERMAN AVENUE
ENGINEER'S COST ESTIMATE
Task Descriotion Classification Hours Hourlv Estimated Total
No. Rate Cost
1.0 Project Development and Meeting Project Mgr. 32 $99 $3,168 $3,168
2.0 Topo and Design Surveys Survey Crew 40 $143 $5,720
Survey Supv. 20 $83 $1.660 $7,380
3.0 Materials Investigation CHJ, Inc. $5,600 $5,600
4.0 Construction Drawings
4.1 Plan and Profile Sr. Designer 40 $75 $3,000
Des/Cadd II 40 $54 $2,160
Computer 60 $15 $900 $6,060
4.2 Sierra Way Intersection Sr. Designer 20 $75 $1,500
Des/Cadd II 20 $54 $1,080
Computer 20 $15 $300 $2,880
4.3 Signal Modification - Larry Eisenhart Assoc. $5,500 $5,500
Electric
4.4 Striping and Markings Des/Cadd II 40 $54 $2,160
Computer 30 $15 $450 $2,610
5.0 Right of Way Map Sr. Designer 24 $75 $1,800
Computer 20 $15 $300 $2,100
6.0 Special Provisions Project Mgr. 24 $99 $2,376
Clerical 16 $52 $832 $3,208
7.0 Quality Control Project Mgr. 30 $99 $2,970 $2,970
Reproduction $200
Subtotal $41,476
Contingencies (10%) $4,148
Grand Total $45,624
2\C:\MyFiles\ProposalsISB City 40th-Del Rosa Cost.rjr