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HomeMy WebLinkAbout1992-414 r . ., 1 RESOLUTION NO. 92-414 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BSI CONSULTANTS, INC. FOR 3 PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR INTERCONNECTING AND UPGRADING TRAFFIC SIGNALS ON HIGHLAND AVENUE, 4 FROM MUSCUPIABE DRIVE TO SIERRA WAY. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized directed to execute, on behalf of said and City, an agreement with BSI Consultants, Inc., relating to the provision of Professional Engineering Design services for interconnecting and upgrading the traffic signals on Highland Avenue, from Muscupiabe Drive to Sierra Way. A copy of said 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 fully signed and executed by both parties. The City shall not be obligated hereunder unless and until is the fully agreement executed and no oral agreement relating thereto shall be implied or authorized. SECTION 3. This resolution is rescinded if the parties 20 to the agreement fail to execute it within sixty (60) days of the 21 passage of this resolution. 22 23 / / / / 24 / / / / 25 / / / / 26 / / / / 27 / / / / 28 / / / / 10/14/92 . . . RESO: EXECUTING AGREEMENT WITH BSI CONSULTANTS, INC: RELATING TO PROVISION OF ENGINEERING DESIGN SERVICES FOR TRAFFIC SIGNALS. 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 2nd day of November , 1992, by the following vote, to-wit: 5 Council Members: 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 ESTRADA AYES NAYS X X X X X X X -- ABSTAIN ABSENT REILLY HERNANDEZ MAUDSLEY MINOR POPE-LUDLAM MILLER ~ <t-.t.AUL CuvvK, Rac el Clark, City Clerk day of \'-\(::'~"'-'\~W\L~ , 1992. The foregoing resolution is hereby approved this . H lcomb, Mayor San Bernardino Approved as to form and legal content: James F. Penman City Attorney BY~V ./ - 2 - : Res 92-414 EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this /-1 day of fJ"J/~~ , 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 ESE T H WHEREAS, city desires to obtain professional services to prepare plans, specifications, estimates and construction documents for the installation of interconnection of traffic signals along Highland Avenue between Muscupiabe Drive and Sierra Way as part of a Federally funded TSM project. The project shall include the interconnection of signals, improvements to loop detection systems, connection via phone system to City's master computer for signal control, improvements for pedestrain timing as appropriate and other necessary and appurtentant improvements that may be completed within the designated budget. WHEREAS, in order to develop, plans, specifications, estimates and construction documents, it is necessary to retain the profes- sional 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" proposal dated September 29. 1992 , a copy of which is attached hereto as Exhibit "I" 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. 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 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 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 April 1. 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 $22.000.00 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 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, complexity, or character of the services to be performed; - 2 - 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 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 "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 obtai~ing Engineer's compliance hereunder. No payment for any serV1ces rendered under this Agreement shall be made without prior approval of the Director of Public Works or his designee. - 3 - B. The Office of the Administrator and Caltrans 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 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. 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. - 4 - 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. 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 writing and addressed to the following and City: this Agreement shall be in representatives of Engineer ENGINEER CITY BSI Consultants Inc. 685 E. Carnegie Dr. suite 200 San Bernardino, CA 92408 Attn: Ray A. Wellington Mr. Roger Hardgrave Director of Public 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 - 5 - 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 publ ic 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. 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 CAUSE 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 the use by city, its officers, employees, agents and other duly - 6 - 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 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 liability 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 except for additional insured coverage on Works Compensation. 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 - 7 - AGREEMENT FOR: INTERCONNECT OF TRAFFIC SIGNAL ON HIGHLAND AVENUE BETWEEN MUSCUPIABE DRIVE AND SIERRA WAY 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, wi th respect to the subj ect matter thereof. This Agreement may be amended only by written instrument signed by both parties. 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 ATTEST: BSI CONSULTANTS resident Approved as to form and legal content: JAMES F. PENMAN City Attorney B~~ - 8 - . EXHIBIT "1" SCOPE OF SERVICES The scope of services are for a traffic signal modification project consisting of a traffic signal interconnect system using conduit and interconnect cable for communications on Highland Avenue from Muscupiabe to Sierra Way including the Caltrans controlled State Route 259 ramp traffic signals. Major upgrade to provide protected permissive left turn phasing at "E" Street and mast-arm additions, pedestrian heads, pedestrian and vehicle detectors shown at each intersection will be separate, alternate bid item designs to provide the ability for the City to obligate total funds budgeted when the construction contract bids are analyzed for award of contract. BSI CONSULTANTS, INC. 1. Meet with City staff and Caltrans staff to discuss timing, on-street master controller location, and other conditions affecting the project. 2. Meet with City and G.T.E. representatives to determine telephone service location for the on- street master controller. 3. Prepare and submit preliminary specification markups, special proVISions, traffic signal modification plans and estimate to the City and Caltrans. Mail first utility notice to known affected utilities. 4. Prepare final project plans, specification markups, and special provisions based upon feedback received on the above preliminary plan and utility information received, then submit to the City and Caltrans for plan check and review. 5. Incorporate review comments on the prior submittal, prepare opinion if construction cost, mail second utility notice, and submit plans, special provisions, and estimate to the City for review and comments. 6. Make final revisions to the plans, specification markups, special provisions, and estimate and deliver copy-ready originals of plans, specifications, and estimate to the City of San Bernardino. CIlY OF SAN BERNARDINO 1. Provide copies of existing relevant record drawings, utility maps, right-of-way documents, planned/ultimate street/intersection layouts, existing and projected traffic volumes, and other project information available. 2. Make arrangements with G.T.E. to provide telephone service to the on-street master controller. 3. Plan check and review comments returns are desired within two weeks of submittal, however, they shall be returned within twenty(20) working days. 4. The City shall incorporate specification markups and special provisions with City's standard bid document and provide necessary copies of bid documents from copy-ready originals and administer the bid process and construction project. . EXHIBIT "2" PROJECf SCHEDULE Mail first utility check and submit preliminary plans and estimate within two(2) weeks from receipt authorization to proceed. Submit final plans, special provisions, and estimate and mail second utility notice within one(l) week of receipt of first plan check comments. Submit copy-ready final plans, special provisions, and estimate within one(l) week of receipt of second plan check comments. If City review periods are short and utility information is readily available, the project could be completed in less than five ( 5) weeks from the date of authorization to proceed. . EXHIBIT "3" COMPENSATION BSI Consultants, Inc. proposes to provide the services detailed in the SCOPE OF SERVICES for a lump sum fee of $22,000.00. PAYMENT SCHEDULE Total payment shall be a lump sum, fIXed fee amount of $22,000.00. Monthly, in progress, invoices shall be submitted as a percent complete. Percent complete shall be based on to date costs and estimates of work complete as agreed to by the City. Final invoice for the remaining amount due shall be submitted after City approval of the project. EXHIBIT "4" BSI CONSULTANTS, INC. SCHEDULE OF HOURLY RATES FOR ANTICIPATED PROJECT PERSONNEL CLASSIFICA TION HOURLY RATE Principal Engineer Senior Associate Engineer II Senior Designer Designer Technician Word Processor II Word Processor I Clerical 135.00 113.00 81.00 87.00 70.00 46.00 48.00 39.00 33.00 Out-of-pocket expenses (blueprinting, reproduction, and printing) will be invoiced at cost plus 15%. A 15% fee for administration, coordination and handling will be added to subcontracted services. Mileage will be invoiced at $0.36/mile. This Schedule of Hourly Rates is effective as of April I, 1992. Rates may be adjusted after that date to compensate for labor cost increases and other increases due to inflationary trends. j\contract\high-ic.con