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HomeMy WebLinkAbout1992-037 1 RESOLUTION NO. 92-37 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BSI CONSULTANTS, INC. RELATING TO 3 I THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR UPGRADE OF SECURITY LIGHTING IN PERRIS HILL, WILD"JOOD, LYTLE 4 I CREEK AND NICHOLSON PARKS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS, 6 7 SECTION 1. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute, on behalf of said 9 City, an agreement with BSI Consultants, Inc. relating to the 10 provision of professional engineering design services for upgrade I II I of security lighting in Perris Hill, Wildwood, Lytle Creek, and 11 ]2 Nicholson Parks, a copy of which agreement is attached hereto, 13 I marked Exhibit "A" and incorporated herein by reference as fully ]4 as though set forth at length. SECTION 2. The agreement shall not take effect until ]5 16 fully signed and executed by both parties. The City shall not be 17 obligated hereunder unless and until the agreement is fully ]8 executed and no oral agreement relating thereto shall be implied or authorized. ]9 SECTION 3. This resolution is rescinded if the parties 20 21 to the agreement fail to execute it within sixty (60) days of the passage of this resolution. 22 23 I I I I 24 IIII 25 I I I I 26 I I I I 27 I I I I 28 I I I I 1-16-92 RESQ: AprHORI'ZING EXECUTION OF AGREEMENT WITH. BSI CONSULTANTS, INC. RELATING TO PROFESSIONAL ENGINEERING DESIGN SERVICES FOR UPGRADE OF SECURITY LIGHTING IN PARKS. 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 reqular meeting thereof, held on the 4 3rd day of Februarv , 1992, by the following vote, to-wit: 5 Council Members: 6 ESTRADA AYES NAYS X x X x x x J_ ABSTAIN ABSENT 7 REILLY 8 HERNANDEZ 9 MAUDSLEY 10 MINOR 11 POPE-LUDLAM 12 MILLER 13 Q~ {I~/ Rachel Krasney, City lerk The foregoing resolution is hereby approved this 6th 19 20 21 22 23 24 25 26 27 28 Approved as to form and legal content: ~. /. >.--"; ~>/ ,./,i /1 /7//<. /'/ /' (. / ' I - ~ WI R. ~olcomb, Mayor Ci ty of San Bernardino // / Februarv , 1992. James F. Penman City Attorney - 2 - .. ." City of Sn Bdno Res. No. 92-37 adopted 2/3/92 EXHIBIT "A" MAR 1 z 1991 AGREEMENT FOR PROFESSIONAL SERVICES Thi.~ AGREEMENT is made and entered into this gl-J- day of M~f!.. , 1992, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and BSI, Consultants, Inc.,. a California corporation, hereinafter referred to as "ENGINEER". WIT N E SSE T H WHEREAS, City desires to obtain professional services to prepare plans, specifications, estimates and construction documents for the Security Lighting in Wildwood, Perris Hill, Lytle Creek and Nicholson Parks; and 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 October 31, 1991, 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. 1 ... 3. STANDARD OF PERFORMANCE Engineer shall complete all work product and design in confor- mance 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 Servic- es", 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 compen- sation 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 April 1. 1991 , 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 $20.580.00 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 total cost permitted when the Engineer establishes writing, that there has been, or is to be, of services will only be and City has agreed, l.n a significant change in: 1. Scope, complexity, or character of the services to be performed; 2. Condi tions 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. 2 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 Calif- ornia 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 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 "1" shall be completed prior to final payment. B. section 9-10 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 applicant 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 3 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, 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. Following the effective date of termination of Agreement pursuant to this section, the Agreement shall continue all obligations arising from such termination are satisfied. this until 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, and 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. 4 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. 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 this Agreement. All subcontracts exceeding $10,000, shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Engineer and city: ENGINEER CITY BSI Consultants, Inc. 685 E. Carnegie Drive, Suite 200 San Bernardino, CA 92408 Mr. Roger Hardgrave Director of Public Works/ City Engineer 300 North "0" 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 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 agree- ment 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. 5 ..j; 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 .... ,.;tV. '1 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 CAUSE A. Engineer hereby agrees to hold city, its elective and appointive boards, officers, and employees, harmless from any liability for damage orclaims for damage for personal injury including death, as well as from claims for property damage, which may arise from Eng- ineer'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 attor- ney'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, 6 1---- I .. , - ~ ~ ~ j .. ~. .....,:. .~ ::!.i ~ ::...!: - "'~ ''If' '. .....;:;! judgments, losses, damages, ~nJuries, 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 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 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 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 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. fill fill fill fill fill fill fill fill fill fill 7 AGREEMENT: PROFESSIONAL ENGINEERING DESIGN SERVICES FOR SECURITY. LIGHTING IN PERRIS HILL, WILDWOOD, LYTLE CREEK AND NICHOLSON 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: BSI CONSULTANTS, INC. .. Rachel-~i~ By: /;:' , ~k< 1 &i/~'~~ ,~ / ! presiaent , .~ BERNARD 0, corpo on '/ i ~/ ~ Approved as to form and legal content: 1f JAMES F. PENMAN city Attorney ~ By: ~'N1LJ 7 C /) jI .~ , 8 ~ . ~- EXHIBIT 1 PROJECT H - PARK LIGHTS ~. A. Scope of Services The intent of this project is to provide area security lighting which will provide a comfort level for pedestrians; and assist in the ability to maintain the park facilities and reduce the potential for graffiti and vandalism. In an initial meeting with City staff, the consultant will define the types of lighting and the methods which might be used to accomplish the described goals of the project. The consultant will provide a design which meets the Illuminating Engineers Society recommended footcandle level of lighting or levels required by City. Aesthetics and vandal resistant design criteria will be established during meetings with appropriate staff. Following initial design, the consultant will provide the city with recommended standards and product information from suppliers. City staff will assist the consultant in preparing the final design. .. :... ~ - ,",0/' The consultant has conducted a site review of each of the parks and does not anticipate any problems with the c;:apacity of the existing power systems for all four parks, assuming the appoximate number of lights in Exhibit 3 are added. The construction drawings will be prepared as one bid document. If necessary, the consultant can recommend a method of bidding independent portions of each lighting plan to allow a phasing of the construction which will keep each project within the established budget constraints. Additional phases could be bid and constructed at a time when additional funds are avail- able. Each of the individual park projects is further described below, along with the Time Schedule and Fee/Manhour Schedule. Specification will be per standard CDBG program requirements and the City shall supply sample set. DESIGN SUBMITTALS: 30% including preliminary estimate; 75%; final, including a detailed estimate. " 9 ---"-------,------ EXIllBIT 2 SCHEDULE OF COMPLETION Activity Task Time Notice to Proceed I. Field Investigation and n. Lmninaire Selection 2 weeks m. Design Drawings V. A. 30% Completion and Estima1l: 1 week lV. City Review 1 week m. Design Drawings B. 75% Completion 2 weeks IV. City Review 1 week m. Design Drawings C. Final and Estimate 1 week Total Design Time 6 weeks 2 weeks City Review admin\electric\.,.llecMegj EXHIBIT 3 . ~ Perris Hill Park A.4 Scope of Services Add ten to twelve high pressure sodium Cobra Head type fixtures on twenty to thirty foot poles - in wooded areas Replace ten to twelve high pressure sodium fixtures - in wooded areas. Add ten to twelve high pressure sodium fixture on thirty to forty foot poles - for lighting of open areas. B.4 Time Schedule The consultant will deliver the completed project to the City within six weeks of receiving the authorization to proceed. C.4 Schedule ManhourslFee Activityrrask Hours Rate Cost I. Field Investigation A. Site 12 $84 $ 1,008 B. City Mapping Files 8 $84 $ 672 II. Luminaire Selection 12 $84 $ 1,008 III. Design Drawings 24 $84 $ 2,016 IV. Review Meetings 16 $84 $ 1,344 V. Estimate (1) Final 8 $84 $ 672 I Total II $ 6,720 I .~ I. I I . ~ Lytle Park A.2 Scope of Services Add four to six high pressure sodium Cobra Head type fixture mounted on thirty to forty foot poles - for open space area. Add four to six high pressure sodium fixtures on twenty foot poles - to augment the existing lighting in the wooded area. B.2 Time Schedule The consultant will deliver the completed project to the City within six weeks of receiving the authorization to proceed. C.2 Schedule Manhours/Fee Activityrrask Hours Rate Cost l. Field Investigation A. Site 8 $84 $ 672 B. City Mapping Files 8 $84 $ 672 II. Luminaire Selection 8 $84 $ 672 III. Design Drawings 16 $84 $ 1,344 IV. Review Meetings 16 $84 $ 1,344 V. Estimate (1) Final 6 $84 $ 504 Total I $ 5,208 I ~ Wildwood Park A.I Scope of Services Add four to six high pressure sodium Cobra Head type fixture mounted on thirty to forty foot poles - for open space area. Add four to six high pressure sodium fixtures on twenty foot poles - to augment the existing lighting in the wooded area. B.I Time Schedule The consultant will deliver the completed project to the City within six weeks of receiving the authorization to proceed. C.I Schedule Manhours/Fee ActivitylTask 1. Field Investigation A. Site B. City Mapping Files II. Luminaire Selection III. Design Drawings IV. Review Meetings V. Estimate (1) Final Total Cost Hours 8 $84 $ 672 8 $84 $ 672 8 $84 $ 672 16 $84 $ 1,344 16 $84 $ 1,344 6 $84 $ 504 $ 5,208 .' . tffEO Nicholson Park A.3 Scope of Services Add four to six high pressure sodium Cobra head type fixtures on twenty to thirty foot poles - to provide an even distribution of light. B.3 Time Schedule The consultant will deliver the completed project to the City within six weeks of receiving the authorization to proceed. C.3 Schedule ManhourslFee Activityffask Hours Rate Cost L Field Investigation A Site 6 $84 $ 504 B. City Mapping Files 6 $84 $ 504 II. Luminaire Selection 6 $84 $ 504 IlL Design Drawings 12 $84 $ 1,008 IV. Review Meetings 8 $84 $ 672 V. Estimate (1) Final 3 $84 $ 252 I Total II $ 3,444 I EH:IBIT 4 BSI CONSULTANTS, INC. SCHEDljLE OF HOURLY RATES APRIL I, 1991 CLASSIFICA nON HOURLY RATE Expert Testimony Senior Principal Consultant Principal Consultant Principal Eniineer Senior Associate Associate Senior Eniineer Eniineer ill Eniineer II Eniineer I Senior Specialist Specialist ill Specialist II Specialist I Planner II Planner I Senior Desiiller Desiiller Senior Draftsperson Draftsperson Eniineerini Assistant Plan Checker IV Plan Checker ill Plan Checker II Plan Checker I Technician VI Technician V Technician IV Technician ill Technician II Technician I 168.00 168.00 142.00 131.00 110.00 100.00 100.00 89.00 79.00 68.00 100.00 89.00 79.00 68.00 79.00 68.00 84.00 68.00 58.00 47.00 58.00 89.00 79.00 74.00 68.00 74.00 63.00 53.00 45.00 38.00 34.00 CLASSIFICA nON Landscape Architect Associate Landscape Architect Assistant Landscape Archiect Licensed Land Surveyor Supervisini Land Surveyor 2-Person Survey Crew 3-Person Survey Crew Senior Survey Analyst Survey Analyst Senior Riiht~f-Way Agent Riiht~f-Way Aient Assistant Ri&ht~f-Way Agent Senior Inspector Inspector Senior Contract Administrator Contract Administrator Nuclear Gauie oft Operator Buildini Official Senior Proarammer Proarammer Cadd Desiper Cadd Operator II Cadd Operator I Word Processor ill Word Processor II Word Processor I Clerical Plotter Syneccom Equipment HOURLY RATE 95.00 8900 68.00 84.00 79.00 158.00 195.00 79.00 68.00 89.00 68.00 53.00 68.00 58.00 69.00 59.00 47.00 91.00 74.00 58.00 79.00 68.00 58.00 58.00 47.00 38.00 32.00 11.00 22.00 Out~f-pocket expenses (blueprintini. reproduction, and printin&) will be invoiced at cost plus 15~. A 15 ~ fee for admini$tration, coordination and handIin& will be added to sulx:ontracted services. Mileaae will be invoiced at SO.36/mile. This Schedule of Hourly IWea is effective as of April I, 1991. IWea may be adjusted after that date to coll1pellSale for labor cost increases and other increases due to inflationary trends. aSI M1I6 4/24/91