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HomeMy WebLinkAbout1992-218 1 2 3 4 5 6 RESOLUTION NO. 92-218 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING EXECUTION OF AN AGREEMENT WITH KENNETH R. KING, RELATING TO PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR REHABILITATION OF PERRIS HILL SWIMMING POOL AND BATHHOUSE. THE THE THE BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to execute, on behalf of said 8 City, an agreement with Kenneth R. King, relating to the 9 provision of engineering design services for the rehabilitation 10 of perris Hill Swimming Pool and Bathhouse, which agreement is 11 attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as fully as though set forth at length. 13 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. The authorization to execute the above- 19 referenced agreement is rescinded if the parties to the agreement 21 22 23 24 25 26 27 28 fail to execute resolution. / / / / / / / / / / / / / / / / / / / / / / / / / / / / 6-09-92 RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH KENNETH R. KING RELATING TO ENGINEERING DESIGN SERVICES FOR REHABILITATION OF PERRIS HILL SWIMMING POOL. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mayor and Common Council of the City of San 3 4 Bernardino at 15TH Ulit day of a regular meeting thereof, held on the June , 1992, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 ESTRADA 7 REILLY x x 8 HERNANDEZ x 9 MAUDSLEY x 10 MINOR 11 POPE-LUDLAM 12 MILLER x x x 13 14 15 16 17 18 19 /) , , / I '; / i {>~C_-It_Lt/'-- (L.-~ Ra el Krasney, Cit The foregoing resolution is hereby approved this, ~18th .' June , 1992. / / " I / I / , " . i , W. R. HQlcomb, Mayor Ci ty of San Bernardino day of Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 23 24 25 26 27 28 ~'f'~ - 2 - , City of S Edna Res 92-218 adopted 6/15/92 EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES ./ This AGREEME~T is made and entered into this !5 day of ) f.ll~ 1992, by and between the CITY OF SAN BERNARDINO, C lifornia, a municipal corporation, hereinafter referred to as the "CITY" and Kenneth R. King, civil Engineer, here- inafter referred to as "ENGINEER". WIT N E SSE T H WHEREAS, City desires to obtain professional services to pre- pare plans, specifications, estimates and construction documents for the renovation of perris Hill Pool and Bath House to be funded by the Federal Housing and Urban Development Department and to meet all current codes and access requirements. WHEREAS, in order to develop, plans, specifications, estimates and construction documents, it is necessary to retain the profession- al 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 4. 1992 , 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. Work shall also comply with all Federal requirements to insure funding from the designated source 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 par- ties. 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 Mav 4. 1992 , 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 $57.000.00 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 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 per- formed; 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 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 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 Publ ic 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 ren- dered 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. 3 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 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, handi- cap 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, and the City may grant to Engineer such extensions of time and make other arrangements or 4 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 exten- sion. 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 Nei ther this Agreement, nor any portion thereof, may be as- signed by Engineer without the written consent of city. Any attempt by Engineer to assign or subcontract any performance of this Agree- ment 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 Kenneth R. King 826 Brookside Ave, suite C Redlands, CA 92373 Mr. Roger Hardgrave Director of Public City Engineer 300 North "0" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. provided tion. The Engineer may reasonably rely upon the accuracy of data through the City or its agents without independent evalua- B. The City shall pay all costs of inspection and permit fees. Charges not specifically covered by the terms of this Agree- ment 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 acces- sible to city. Engineer shall maintain all records for inspection by 5 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. 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 estab- lished 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 consider- ation, 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 liabil- ity 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 harm- less 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 6 Engineer from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penal- ties, 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 liabili- ties 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 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 consul- tants, 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 Agree- ment. 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 Agree- ment 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 contemporane- ous 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. III III III III 7 AGREEMENT: RENOVATION OF PERRIS HILL POOL AND BATH HOUSE IN WITNESS WHEREOF, the parties hereto have caused this Agree- ment to be executed on the date written above by their duly autho- rized officers on their behalf. ATTEST: KENNETH R. KING J)~ 11(." L~ RAcAEL KRASNEY, City lerk By: _~p^-~-! OIL ~-. Presi()ent Approved as to form and legal content: / CITY OF SAN a municipal JAMES F. PENMAN city Attorney "'!~ 'J~~= 8 Res 92-218 EXHIBIT 1 SCOPE OF SERVICES 1. PRELIMINARY REVIEW: The Project Team wi 11 field review and inventory the eXisting facilities. Meetings will be conducted with City staff to establish the project requirements. 2. CONCEPT DEVELOPMENT: Conceptual layouts and sketches wi 11 be developed and shared with City staff. Concepts will be refined as needed and preliminary cost estimates will be prepared. 3. DEVELOPMENT OF FINAL PLANS AND SPECIFICATIONS: When conceptual approval has been granted by the City staff, detailed plans will be started. Progress Prints will be provided to staff as design proceeds. Final Plans will include all detailing necessary to constitute a complete set of Contract Documents ready for the bidding process. 4. THE BID PROCESS: The Project Leader wi 11 assist as needed in the review of bids and will serve in an advisory role for the contract award. [. Res 92-218 EXHIBIT 2 PROJECT SCHEDULE 1. Consulting Contract June 15, 1992 2. Preliminary Review July 3. Concept Development August 3 4. Final Plans & Specifications November 2 5. Approvals by Owner November 16 6. Advert i se for Bids November 16 7. Approval by County Health January 15, 1993 8. Receive Bids January 15 9. Award Contract February 15 10. Begin Construction March 1 11. Complete Construction June 1, 1993 Res 92-218_ EXHIBIT 3 COMPENSATION SCHEDULE COMPENSATION SCHEDULE 1. Preliminary Review 2. Concept Development 3. Final Plans & Specifications 4. Bid Process TOT AL DESIGN FEE Fee $ 6,000 12,000 39,000 HOURLY $ 57. 000 ---------- ---------- Res 92-218 EXHIBIT 4 SCHEDULE OF HOURLY RATES CIVIL ENGINEER $ 85 / hou r ARCHITECT 85 ELECTRICAL ENGINEER 85 TECHNICIAN 55 DRAFTSMAN 55 SECRETARY 30 TRAVEL No mileage charge