HomeMy WebLinkAbout1999-139
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RESOLUTION NO. 1999-139
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
3 EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH
4 ASSOCIATED ENGINEERS, INC. FOR THE DESIGN OF A MASTER PLAN STORM
DRAIN IN "H" STREET FROM 17TH STREET TO 27TH STREET.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and
9 directed to execute on behalf of said City, an agreement for professional services with
10 Associated Engineers, Inc. for tlle design of a master plan storm drain in "H" street from 17th
11 Street to 27"' Street. A copy of said agreement for professional services is attached as Exhibit
12 "A" and made a part hereof.
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SECTION 2. The authorization to execute tlle above referenced agreement is
15 rescinded if the parties to tlle agreement fail to execute it within sixty (60) days of the passage
06/02/99
1999-139
RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL
1 SERVICES WITH ASSOCIATED ENGINEERS, INC.
2 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
3 Common Council of tlle City of San Bernardino at a joint regular
meeting thereof
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held on the 21st day of
C~k.'
19 The foregoing resolution is hereby approved this .29' h.- day of
19 -91.
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June
, 1999 , by the following vote, to
wit:
Council Members: A YES
NAYES
ABSTAIN ABSENT
ESTRADA x
LIEN x
MCGINNIS x
SCHNETZ x
x
DEVLIN
ANDERSON x
x
MILLER
~
June
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23 Approved as to form
and legal content:
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JAMES F. PENMAN
25 City ttorney
26 -:;.P~
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06/02/99
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1999-139
EXHIBIT "A"
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AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this2J.s.t. day of .TnM ,1999, by and between the
CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY"
and Associated Engineers, Inc. , a California corporation, hereinafter referred to as "ENGINEER".
WITNESSETH
WHEREAS, City desires to obtain professional services to design a storm drain in "H" Street between
17th Street and 27m 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 "Proposal for City of San Bernardino,
Comprehensive Storm Drain Project (CSDP) No. 7-D1 in "H" Street from 17m Street to 27m
Street" dated May 10, 1999.
2. TERM OF AGREEMENT
The services of Engineer are to commence witllin thirty (30) days after the City has autllorized
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 tllough set forth in full will
be adjusted by Engineer as the City authorizes tlle 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.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work products and design in conformance with California's
Standard Specifications and Standard Drawings, and tlle City of San Bernardino's Standard
Drawings.
1999-139
EXHIBIT "A"
4. CHANGESIEXTRA 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 tlle 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 tllis Agreement unless City
authorizes such extra services in writing prior to performance of such work.
Autllorized extra services shall be invoiced based on Engineer's "Cost Proposal" dated_
May 10. 1999, a copy of which is attached hereto as Exhibit "2" and incorporated
herein as tllough 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 $32,976. 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:
L 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 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. Dispute over any invoiced
amount shall be noticed to the Engineer within ten (10) days of billing and a meet and
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1999-139
EXHIBIT "A"
confer meeting for purposes of resolution of such dispute shall be initiated by the City
within ten (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 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 tllat 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.
B. The Office of Traffic Safety, the National Highway Traffic Administration, the Federal
Highway Administration, and the City Administrator may review and inspect the
Engineer's activities during the progress of the program.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that helshe will not discriminate against any employee or applicant for
employment because ofrace, color, religion, sex, marital status, age, handicap or national origin.
Engineer shall promote affirmative action in its hiring practices and employee policies for
minorities and otller designated classes in accordance with federal, state and local laws. Such
action shall include, but not be limited to, the following: recruitment and recruitment advertising,
employment, upgrading, and promotion.
9. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon thirty- (30) days written notice in
the event of substantial failure of the other party to perform in accordance with the terms
of this Agreement. Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure-giving rise to such notice. In the event of
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1999-139
EXHIBIT "A"
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 tllis 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 oftime 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 circumstance for which it claims or may claim an
extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the performance of tlle services provided for
under this Agreement. Engineer shall furnish such services in his/her own manner and in no
respect shall helshe 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 performance of
this Agreement without the written consent of the City shall be null and void and shall constitute
a breach of tllis Agreement. All subcontracts exceeding $10,000 shall contain all provisions of
this contract.
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1999-139
EXHIBIT "A"
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Engineer and City:
ENGINEER
Associated Engineers, Inc.
225 S. Del Rosa Drive, Bldg. 702
San Bernardino, CA 92409
CITY
Michael E. Hays, Director
Development Services Department
300 N. "D" Street
San Bernardino, CA 92418
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 ofthree (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 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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1999-139
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 damage or claims for damage 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 tlle 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 tlle joint or concurrent negligence of Engineer and City, each party shall
assume responsibility in proportion to the degree of its respective fault.
19. LIABILITY/INSURANCE
A. Engineer's liability to the City for injury or damage to persons or property arising out of
work performed by the City and for which legal liability may be found to rest upon
Engineer other than for professional errors and omissions, will be limited to $1,000,000.
For any damage on account of any error, omission or other professional negligence,
Engineer's liability will be limited to a sum not to exceed $50,000 or Engineer's fee,
whichever is greater.
B. The Engineer shall provide Workers Compensation and comprehensive general liability
insurance, including completed operations and contractual liability, with coverage
sufficient to insure the Engineer's indemnity, as above required; and, such insurance will
include the City, the Engineer, their consultants, and each of their officers, agents and
employees as additional insured.
C. Engineer shall provide 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.
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1999-139
EXHIBIT "A"
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.
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.
ASSOCIATED ENGINEERS, INC.
A California Corporation
By:
@~
ame: April Morris
Title: President
ATTEST:
CITY OF SAN BERNARDINO,
A municipal corpora 'on
By: ~ h. CLA-L
Ra I Clark, City Clerk
By:
Approved as to form
and legal content
JAMES F. PENMAN
City Attorney
By:
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1999-139
PROPOSAL WORKSHEET
DATE:
PREPARED BY:
ENG. & SURVEY
PROJECT DESCRIPTION: P075-99, "H" STREET STORM DRAIN
1 0-May-99
DLG
TASK HOURS
DESIGN TASK DESCRIPTIONS Prin Proj Sr Jr Des Utll Sec Total Total
Engr@ Mgr@ Engr@ Engr@ Draf@ Coor@ @ Hours Cost
$110 $110 $95 $63 $68 $68 $38 inS
1 Initial Meetino 3 3 1 7 $698
2 Bi-weeklv meetinos (6 EA) 18 4 22 $2,132
3 Utilitv Research & Coord 2 8 8 2 20 $1,344
4 Hydroloov & Hydraulic Study 4 8 32 4 48 $3,368
5 Plan and Profile of SD
30% 2 8 12 16 38 $2,824
60% 2 8 8 8 26 $2,028
90% 2 8 12 16 38 $2,824
Final 4 8 8 8 1 29 $2,286
6 Cost Estimate 1 2 4 2 9 $628
7 Soecifications 2 8 4 4 18 $1,384
8 Bid Assistance 4 4 8 $820
9 QAlQC 4 4 8 $880
ITOTALS 7 48 54 88 48 8 " "=
EXPENSES $2,500
ENGINEERING .
SURVEY TASK DESCRIPTION Pnn Sr. Assoc. LS Drafter 2 Man 3Man Util Total
LS@ LS@ LS@ Tech@ @ @ @ Coor@ Cost
$110 $95 $85 $72 $60 $165 $205 $68 In $
S
$,
y
2
TOTALS
4
16
EXPENSES
SURVEY
24
8
TOTAL DESIGN FEES
$29.444 ,
CONSTRUCTIONASSlSJANCE Prin Proj. Sr., Jr - Des Staff See Total Total'
. , Engr@ Mgr@ Engr@ Engr@ Draf@ Insp@ @ Hours Cost
. , $110 $110 $95 $63 $68 $45. $38 In$
1 Construction Inquiries 4 wks) 16
2 Chan e Orders (if an ) 8
3 Final Job Walk 4
4
TOTALS 28
2
2
18
10
4
$1,836
$956
$440
4
EXPENSES
TOTAL CONST. FEES
TOTAL FEE
:;- $32;9~~
Exhibit "2"
Engineer's Cost Proposal
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1999-139
EXHIBIT "B"
LOCA nON MAP
MASTER PLAN STORM DRAIN IN "H" STREET
FROM 17TH STREET TO 27TH STREET
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400
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1000 : 900
26TH 5T
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1200
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