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HomeMy WebLinkAbout1994-264 1 RESOLUTION NO. 94-264 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ASL CONSULTING ENGINEERS RELATING 3 TO PROFESSIONAL ENGINEERING SERVICES FOR THE FIVE-LEVEL PARKING STRUCTURE. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, an agreement with ASL Consulting Engineers relating to the provision of professional engineering services for the seismic analysis of the five-level parking structure, a copy of which agreement is attached hereto marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. 18 SECTION 3. 19 20 21 22 23 24 25 26 27 28 This resolution is rescinded if the parties to the agreement fail to execute it within sixty (60) days of the passage of this resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / 8-4-94 RESO: AUTHORIZING EXECUTION ENGINEERS RELATING TO PARKING STRUCTURE. 94-264 OF AGREEMENT WITH ASL SEISMIC ANALYSI~, FOR CONSULTING FIVE-LEVEL 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 Bernardino at a regular meeting thereof, held on the 4 6th day of September 5 Council Members: 6 NEGRETE 7 CURLIN 8 HERNANDEZ 9 OBERHELMAN 10 DEVLIN 11 POPE-LUDLAM , 1994, by the following vote, to-wit: AYES NAYS ABSTAIN ABSENT x x x x x x 12 MILLER 13 14 15 16 day of 17 x (2~ C1~ Rache'L Clark, City Clerk The foregoing resolution is hereby approved this f ~ September , 1994. 18 19 20 ~~~~ , To Minor, Mayor Ci ty of San Bernardino Approved as to form and legal content: 21 James F. Penman City Attorney 22 23 ~~afL' 24 25 26 27 28 - 2 - 94-264 EXHIBIT nAn AGREEMENT FOR PROFESSIONAL SERVICES I~~ AGREEMENT is made and entered into this /2- day of O~ ' 1994, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and ASL CONSULTING ENGINEERS, a California corpora- tion, hereinafter referred to as "ENGINEER." WIT N E SSE T H WHEREAS, city desires to obtain p~ofessional services to prepare plans, specifi~atio~s, estimates, and construction documents for professional eng1neer1ng analysis of the 5-Level Parking Structure Adjacent to city Hall to evaluate its capacity to resist strong seismic motion, any mitigation measures which may be necessary to upgrade the structure to meet current requirements, and to lessen the possibility of total collapse, as well as estimate the probable construction costs for the recommended mitigations presented in order of priority. WHEREAS, in order to develop plans, specifications, estimates and construction documents, 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 "Scope of Services" and as contained in the proposal dated Mav 5. 1994, a copy of which is attached hereto as Exhibit "1" and incorporated as though set forth in full. 2. TERM OF AGREEMENT The services of Engineer are to commence within thirty (30) days after the City has authorized work to start by issuance of a Notice to Proceed. The scheduled completion dates specifically set forth in Exhibit "2" attached hereto and incorporated herein as though set forth in full, will be adjusted by Engineer as the City authorizes the work. Such adjustments shall require city approval prior to commencement of performance of each phase. This Agreement shall expire as specified by the Exhibit "2" schedule unless extended by written agreement of the parties. 94-264 3. STANDARD OF PERFORMANCE Engineer shall complete all work product and design in conform- ance with Standard Specifications for Public Works Construction (Greenbook) and the City of San Bernardino's Standard Drawings. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Ser- vices," 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 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 such extra services are authorized, in writing, by City prior to performance of such work. Authorized extra services shall be invoiced based on Engineer's "Schedule of Hourly Rates" dated June 10. 1994, a copy of which is attached, hereto, as Exhibit "4" and incorporated herein as though set forth in full. 5. COMPENSATION A. The City shall reimburse the Engineer for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Engineer in performance of the work, in an amount not to exceed $23.800.00. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit "3", 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. Any such significant alteration shall be agreed upon in writing by City and Engineer before commencement of performance of such significant alteration by Engineer. Any adjustment of the permitted when the Engineer writing, that there has been, total cost establishes or is to be, of services will only be and City has agreed, in a significant change in: 1. scope, complexi ty , 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 speci- fied 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 94-264 California Labor Code section 1770. 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 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 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 require- ments 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. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, then all litigation and collection expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Public Works 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 Public Works or his designee. B. The Office of the 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 it will not discriminate against any employee or appl icant for employment because of race, color, religion, sex, marital status or national origin. Engineer shall promote affirmative action in its hiring practices and employee policies for minorities and other 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. In addition, Engineer shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, 94-264 handicap, or religion in compliance with state and Federal laws. 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 termination of this Agreement, City shall within thirty (30) days pay Engineer for all the fees, charges and services performed to City's satisfaction by Engineer, which finding of satisfaction shall not be unreasonably withheld. Engineer hereby covenants and agrees that upon termination of this Agreement for any reason, Engineer will preserve and make immediately available to City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the city and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents shall be at the sole risk of the city, and the city agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including attorney's fees and liability arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit "4". 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. Agreement until all Following the effective date of termination of this pursuant to this section, the Agreement shall continue 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 circumstance for which it claims or may claim an extension. 11. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the perfor- mance of the services provided for under this Agreement. Engineer shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of City. 94-264 12. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Engineer without the wri tten consent of ci ty. 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 writing and addressed to the following and city: this Agreement shall be in representatives of Engineer ENGINEER CITY Zareh Astourian, P.E., S.E. ASL Consulting Engineers West Hospitality Lane suite 206 San Bernardino, CA 92408 Mr. Roger Hardgrave Director of Public 225 Works/City Engineer 300 North "D" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Engineer provided through the evaluation. may reasonably rely upon the accuracy of data city or its agents without independent B. The city shall pay all costs of inspection and permit fees. Charges not specifically covered by the terms of this Agreement shall be paid as agreed by the parties hereto at the time such costs arise; but in no event shall the work to be performed hereunder cease as a consequence of any unforeseen charges unless by mutual written agreement of City and Engineer. C. All tracings, survey notes, and other original documents are instruments of service and shall remain the property of Engineer except where by law, precedent, or agreement these documents become public property. All such documents or records shall be made accessible to city. Engineer shall maintain all records for inspection by the city, State, or their duly authorized representatives for a period of three (3) years after final payment. Engineer shall stamp and sign all specifications, estimates, plans and engineering data furnished, and, where appropriate, indicate registration number. 15. CONSTRUCTION COST ESTIMATES A. Any opinion of the construction cost prepared by Engineer represents his judgment as a design professional and is supplied for the general guidance of the City. Since Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, Engineer does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the city. 94-264 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. 17. HOLD HARMLESS CLAUSE A. Eng ineer hereby agrees to hold City, i ts 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 the use by City, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Engineer under this Agreement. 18. INDEMNITY Engineer shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees), and liabilities, of, by, or with respect to third parties, which arise solely from Engineer's negligent performance of services 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 the city's negligence. with respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Engineer and City, each party shall assume responsibility in proportion to the degree of its respective fault. 19. LIABILITY/INSURANCE A. Engineer's liability insurance for injury or damage to persons or property arising out of work for which legal liability may 94-264 be found to rest upon Engineer other than for professional errors and omissions, shall be a minimum of $1,000,000. For any damage on account of any error, omission, or other professional negligence, Engineer's insurance shall be limited in a sum not to exceed $50,000 or Engineer's fee, whichever is greater. B. The city will require the Engineer to provide Workers Compensation and comprehensive general liability insurance, including completed operations and contractual liability, with coverage suffi- cient to insure the Eng ineer' 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 insureds. C. Engineer shall provide evidence of insurance in the form of a policy of insurance, in which the city is named as an additional named insured to the extent of the coverage required by this Agreement. 20. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 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. 94-264 AGREEMENT FOR: PROFESSIONAL ENGINEERING ANALYSIS OF S-LEVEL PARKING STRUCTURE ADJACENT TO CITY HALL-ASL CONSULTING ENGINEERS IN WITNESS WHEREOF, the parties hereto have caused Agreement to be executed on the date written above by their authorized officers on their behalf. this duly CITY OF SAN BERNARDINO By~fi~ Tom Minor, Mayor ATTEST: Bv: f.;J~, /' "' I iJ ~-" R~~~ city Clerk ASL CONSULTING ENGINEERS B:('~~AfL Zareh'C'. Astourian, Pres. Approved as to form and legal content: JAMES F. PENMAN City Attorney ~~J 94-264 ASL Consulting Engineers EXHIBIT I Scope of Services The scope of services for this project is to perform a preliminary analysis of the structure to evaluate its capacity to resist seismic motion and recommend mitigation measures with probable cost estimates to upgrade the structure to meet current requirements. The scope of services has the following eight tasks: 1. Make a field inspection of structure and review existing construction documents. 2. Meet with City to present our approach and receive City's input. 3. Establish earthquake resisting capacity of structure using forces based on USC 1991 requirements per RFP. 4. Review uninterrupted load path from diaphragms to chord forces, drags, connections, shear walls, moment and shear force transfer to foundations. 5. Compare capacity versus demand with preliminary retrofit requirements to upgrade structure to current standards as well as enhancements based on the Northridge experience. Prioritize recommended improvements. 6. Prepare preliminary drawing for pricing purposes, prepare preliminary cost estimate and confirm costs with parking structure contractor. 7. Prepare an executive report to include work performed, conclusions, preliminary risk analysis, prioritized recommendations and cost estimates. The request will include a brief discussion in layman's terms. 8. Meet with City to discuss our report and findings and answer questions. 94-264 ASL Consulting Engineers EXHIBIT II Schedule TASK NO. DESCRIPTION SCHEDULE 1 Field inspection of structure and review existing documents 1 Week 2 Meet with City to receive City's input 3 Establish earthquake resisting capacity of structure Review uninterrupted load path 2 Weeks 4 5 Compare capacity versus demand with preliminary retrofit requirements to 1 Week upgrade 6 Prepare preliminary drawings and cost 1 Week estimate 7 Prepare an executive report 8 Meet with City to discuss our report 1 Week The scope of services will be performed in six weeks after the notice to proceed. This period does not include any City review time. City review time will be in addition to the schedule. 94-264 ASL Consulting Engineers EXHIBIT III ~ The fee for providing our scope of services will be a fixed amount of $23,800. Any additional service, if required by the City, will be billed in accordance with our rate schedule, Exhibit IV. 94-264 ASL Consulting Engineers EXHIBIT IV 1994 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Junior Engineer/Junior Draftsperson. . . . . . . . . , . . . . . . . . . . . . . . . . $ 48,00 Draftsperson . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 58.00 Designer/Draftsperson . . . , . . . , . . , . . . . . . . . . . . . . . . . . . . . . . . . . $ 62.00 Designer. . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . $ 67.00 Senior Designer ......................................,. $ 77.00 Engineer I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 67.00 Engineer II ............................................ $ 74.00 Engineer III . . , . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . $ 80.00 Senior Engineer/Project Coordinator. . . . . . . . . . . . . . . . . . . . . . . . . . $ 88.00 Project Engineer/Senior Project Coordinator .................,.. $ 98,00 Managing Engineer/Project Manager ................,........ $110.00 Sr. Managing Engineer/Sr. Project Manager ..................,. $120.00 Principal . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , . . . . . $130.00 CAD Operator . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . $ 70.00 Senior Construction Inspector ....,..........,.............. $ 60.00 Construction Inspector, . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . $ 56,00 Word Processor ..................,...................,. $ 42.00 Technician .....,................,..................... $ 34.00 Senior Planner ...,..................................... $ 95.00 Chief of Surveys ..........................,............. $ 95.00 Two-Man Survey Party. . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . $147.00 Three-Man Survey Party. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $192.00 Survey Travel Time (Two-man) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 87.00 Survey Travel Time (Three-man) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $105.00 Reproduction, special photography, printing and any other services performed by subcontractor, will be billed at cost plus 15%. Reimbursable In-House Costs: Photo Copies ..............,......,...........,.... $ 0.25/Each Blueprints .,...........,......,..,......,....,.... $ 0.35/S.F. Postage, Delivery Service, Express Mail .. . . . . . . . . . . . . . . .. At Cost Out of Area Telephone Calls . . . . . . . , . . , . . . . . . . . . . . . . ,. At Cost Computer Time ........,........................... $25.00/Hour Vehicle Mileage, between engineer's office and project site and/or client offices, will be billed at $0.35 per mile. NOTE: All rates are effective to January 1, 1995. There will be a negotiated increase in rates, 5% minimum per year, for contracts extending beyond January 1, 1995. 1/94