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HomeMy WebLinkAbout1992-453 , . Ul 1 RESOLUTION NO. 92-453 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH URS CONSULTANTS, INC. RELATING TO 3 THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE CONSTRUCTION OF THE TIPPECANOE/DEL ROSA AVENUE CONNECTOR THROUGH 4 NORTON A.F.B. 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 and directed to execute, on behalf of said City, an agreement with URS Consultants, Inc., relating to the provision of professional engineering design services for the construction of the Tippecanoe/Del Rosa Avenue Connector through Norton A.F.B. 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 the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. This resolution is rescinded if the parties SECTION 3. 20 to the agreement fail to execute it within sixty (60) days of the 21 passage of this resolution. 22 23 / / / / 24 / / / / 25 / / /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 / / / / 11-18-92 RESO: EXECUTING AGREEMENT TO' . PROVISION OF TIPPECANOE/DEL ROSA . ~ WITH URS CONSULTANTS, INC.,' RELATING ENGINEERING DESIGN SERVICES FOR AVENUE CONNECTOR. 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 7th day of December , 1992, by the following vote, to-wit: 5 Council Members: AYES NAYS ABSTAIN ABSENT 6 ESTRADA x 7 REILLY x 8 HERNANDEZ x 9 MAUDSLEY x 10 MINOR 11 POPE-LUDLAM 12 MILLER x x x 13 14 15 16 17 18 19 Jt~c~Ad Ci''.,-L-/7f..... ~el Clark, City Clerk The foregoing resolution is hereby approved this 3-t\., , 1992. day of~<,: ~\': ~~G_\). Approved as to form 20 and legal content: 21 James F. Penman City Attorney 22 By (kVW<J t- Jvv~ 24 ;J 25 23 26 27 28 - 2 - Res 92-453 RECEIVED-Cfn CLERfI EXHIBIT "A" AGREEMENT FOR PROFESSIONAL s~~Id~~ 13 P 3 :20 This ~GREEMENT is made and entered into this 2/ day of APc~~~ , 1992, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinaf- ter referred to as the "CITY" and URS Consultants, Inc., a California corporation, hereinafter referred to as "ENGINEER". WIT N E SSE T H WHEREAS, city desires to obtain professional engineering services in connection with construction of the Tippecanoe/Del Rosa Avenue connector through Norton Air Force Base; and WHEREAS, the professional engineering services will be provided in two phases, with Phase I being working with the consultant that is preparing the Master Plan for Norton Air Force Base to select the most appropriate alignment, and Phase II being preparation of construction plans, specifications, and estimate of cost, as required to accomplish the connection; and WHEREAS, it is necessary to retain a consulting firm, in order to obtain these professional engineering design services; and WHEREAS, the consulting firm of URS Consultant, Inc., has been selected as the best qualified to provide the desired ser- vices; and WHEREAS, City has elected to engage the services of Engin- eer 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 November 18. 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 days after the city a Notice to Proceed. of Engineer are to commence within five (5) has authorized work to start by issuance of The scheduled completion dates specifically 1 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 Exhioit "2" schedule unless extended by written agreement of the parties. 3 . STANDARD OF PERFORMANCE Engineer shall complete the construction plans and special provisions in accordance with State of california, Department of Transportation, Standard Specifications, dated July 1992, and Standard Plans, or as directed by the Director of Public Works/city Engineer for city. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Services", is made an obligation of Engineer under this Agree- ment, subject to any changes made subsequently upon mutual agree- ment 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 November 18 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, prof- it, other direct and indirect costs) incurred by the Engineer in performance of the workunder Phase I, in an amount not to exceed $26.917.00. 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. 2 ".\ CONTINUED FROM MAY 18. 1992 8. REDEVELOPMEl'IT AGEI!ICY GUARABTBB OF SANIlAG LOAlf TO IVDA (Community Develooment Commission) Commission Member Miller made a motion, seconded by Commission Member Minor to authorize the Executive Director to execute a Loan Guarantee Agreement in the amount of $1.2 million between the Inland Valley Development Agency and the Redevelopment Agency of the City of San Bernardino. Commission Member Miller asked if there was a written guarantee stating that IVDA was responsible to the Redevelopment Agency for the loan. Chairman Holcomb indicated the loan would only be a guarantee, no funds would be used. Commission Member Hernandez questioned the type of collateral IVDA would be giving the Agency. Chairman Holcomb stated there would be no collateral. He indicated IVDA was a taxing agency and the taxes accrued each year could be used for collateral. Commission Member Hernandez questioned the use of Central Avenue instead of Orange Show Road. He felt Central Avenue could be improved with less funds being spent. Roger Hardgrave, Director of Public Works, stated that a study was made of the two streets, and it was determined that the Orange Show Road extension would be more feasible as the main thoroughfare and Central Avenue would be a secondary street. COMMISSION MEMBER ESTRADA RETURNED Ar 11:45 A.M. Commission Member Hernandez expressed concern over the homes that would be affected if Orange Show Road was extended. Commission Member Reilly stated the Orange Show Road extension had been planned for many years and he felt it was time to implement those plans. The ..!!!.otion carri~ by the following vote: Ayes: Members Estraaa; Reilly; Maudsley; Minor; Pope-Ludlam; Commission Member Hernandez. Abstain: None. Absent: Commission Miller. Noes: None. COMMISSION MEMBER MILLER WAS EXCUSED Ar 11: 50 REGULn MEETING lmp:2247B - 5 - COMMISSION MIBUTES JU1'lE I, 1992 1-- 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 performed; and 3. Duration of work if the change from the time period specified in the Agreement for Completion of the work warrants such adjustment. fee fee C. will be will be After completion of Phase I, a scope of services and negotiated for Phase II. The scope of services and incorporated into this Agreement as an amendment. D. 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 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 there- after 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 pay- ment. B. 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 attor- ney's fees shall be paid to the prevailing party. 3 7. SUPERVISION AND ACCEPTANCE OF SERVICES The Director of Public Works of City, or his designee, shall have the right of general supervision over all work per- formed 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. 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. Engi- neer 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 sub- stantial 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 or satisfaction shall not be unreasonably withheld. Engineer hereby covenants and agrees that upon termination of this Agreement for any rea- son, Engineer will preserve and make immediately available to city, or its designated representatives, maps, notes, correspon- dence, or records related to work paid for by the City and re- quired 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 subse- quent 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". 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 fied. Following the effective date of termination of this pursuant to this section, the Agreement shall continue obligations arising from such termination are sat is- D. This agreement will automatically terminate in the event that both City and Engineer are unable to agree on a scope of services and fee for Phase II. 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 fail- ure 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 Agree- ment. Engineer shall notify City within three (3) days in writ- ing when it becomes aware of any event or circumstance for which it claims or may claim an extension. 11. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the performance of 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. 5 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to "Che following representatives of Engineer and City: ENGINEER CITY Mr. K. Danny Fouladpour, P.E. Branch Manager URS CONSULTANTS, Inc. 164 West Hospitality Lane, suite 6 San Bernardino, CA 92408 Mr. Roger Hardgrave Director of Public Works city of San Bernardino 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 agreement of City and Engineer. C. All tracings, survey notes, and other original docu- ments 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 autho- rized 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. 6 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 contin- gent fee. 17. HOLD HARMLESS CLAUSE A. Engineer hereby agrees to hold City, its elective and appointive boards, officers, and employees, harmless from any liability for damage or claims for damage for personal injury including death, as well as from claims for property damage, which may arise from Engineer's negligent acts, errors or omis- sions 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, employ- ees, agents and other duly authorized representatives, of pro- grams or processes supplied to city by Engineer under this Agree- ment. 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 Agree- ment. 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, judg- ments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with re- spect to third parties, which arise solely from the City's negli- gence. with respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, 7 penalties, costs, expenses (including attorney's fees) and lia- bilities 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 lia- bility may be found to rest upon Engineer other than for profes- sional errors and omissions, shall be a minimum of $1,000,000. For any damage on account of any error, omission or other profes- sional 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 sufficient to insure the Engineer'S indemnity, as above required; and, such insurance will include the City, the Engi- neer, 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 provi- sions of this Agreement are declared to be severable. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agree- ment 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. 8 AGREEMENT FOR: PROFESSIONAL ENGINEERING SERVICES IN CONNECTION WITH CONSTRUCTION OF THE TIPPECANOE/DEL ROSA AVE~uE CONNECTOR THROUGH NORTON AIR FORCE BASE 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: ~~,C;~erk Danny Foulad ur I Branch Manager CITY OF SAN BERNARDINO.~ ~ a municipal corporat~~ --7 1 //' ~.'.....".. '. /. ./ . // / / /'. ~ By: . ,'./ /. . ; ,4',,,,/-< / / w.l ribLcOmb ( Maybr v Approved as to form and legal content: JAMES F. PENMAN city Attorney By: ~/V)'V'" f U (\ 1'- ,It~ ; -............. 9 EXHIBIT 1 SCOPE OF SERVICES PROJECT UNDERSTANDING The purpose of this project is to connect Tippecanoe Avenue to Del Rosa Avenue within the existing Norton AFB property to provide adequate vehicular access to and from the base. The base will close in March 1994. Inland Valley Development Agency (IVDA) is the local JPA responsible for base reuse. IVDA is in the process of developing a Master Plan for future development of the base and its surroundings. The TippecanoelDel Rosa Connector alignment, while originally conceived to traverse across the base property, should be evaluated for alternative alignments to allow the reuse of existing onbase facilities and to reduce present and future impacts. Therefore, URS' scope of services for design of TippecanoelDel Rosa Connector will be based on the following two phases: . Phase I: Development of Road Alignment . Phase II: Preparation of PS&E PHASE I: DEVELOPMENT OF ROAD ALIGNMENT The scope of services for this phase shall consist of the following tasks: Task 1 - Project Initiation Meeting Upon receipt of Notice to Proceed, URS Project Manager will meet with City and IVDA staff and the representatives of Johnson, Fain and Pereira Associates (JFP) to discuss and initiate the project. The purpose of this meeting will be to discuss the overall project and the specific issues relative to the Master Plan being prepared by JFP. The primary purpose of this meeting will be for URS to gain a clear understanding of the status of the master planning process, the issues and concerns, the information that is available and/or is being developed, and the additional specific information needed to be developed. URS will receive all available relevant information and data. Task 2 - Alternative Identification Based on the outcome of the meeting under Task 1, URS will identify the feasible alternative alignments of the proposed roadway and develop schematic drawings. Task 3 - Workshop URS will attend a workshop to be arranged by the City and the IVDA. URS will make a presentation of the proposed alternatives and will solicit comments and input from the participants. The intent of this workshop is to include all of the entities that are or will be involved in the base reuse process during the initial phase of project development and to receive their input. CNTR#4/PSA.25 Page 1 11/18/92 Task 4 - Alternative Alignment Analysis Based on the available information and input received from JFP, IVDA, City and other involved entities during the workshop, URS will analyze the preferred alternatives. The analy~i~ ';,ill consider the following issues: . Interim Use Master Plan Compatibility Connectivity/Circulation Parcelization/Land Use Terminal Access Bldg Demo/AsbestoslHazmat Stage Construction Landscaping Utilities Environmental . . . . . . . . . Task 5 - Alignment Selection URS will present the result of alternative analysis and the recommended alternative to the City and IVDA Task 6 - Preliminary Design Report Upon receiving final approval of the selected alignment from the City, URS will prepare the preliminary design report. The report will include the design criteria for the selected alignment and the estimated construction cost. PHASE II: PREPARATION OF PS&E The scope of services for this phase will be defined upon completion of Phase 1. 11/18/92 CNTR #4/PSA.25 Page 2 -----.- . EXHIBIT 2 PHASE I PROJECT SCHEDULE Task 1: Project Initiation Meeting Notice to Proceed Issued Meeting During Week 1 Task 2: Alternative Identification Week 2 Task 3: Workshop Week 3 Task 4: Alternative Alignment Analysis Week 3 through Week 5 Task 5: Alignment Selection Meeting Week 5 Task 6: Preliminary Design Report Week 5 through Week 6Y2 CNTR #4/PSA-25 Page 3 11/18/92 EXHIBIT 3 ESTIMATED COSTS PHASE I: DEVELOPMENT OF ROAD ALIGNMENT The following costs for Phase I are based on the scope of services for each task as defined in Exhibit 1. The cost estimates are based on the manhours shown for each task and completion of Phase I work within 45 calendar days from the date of issuance of Notice to Proceed by the City as shown on Exhibit 2. The following cost estimates include both direct and indirect costs Manhours C Task 1: Project Initiation Meeting 8 $1,190 Task 2: Alternative Identification 16 $2,200 Task 3: Workshop 16 $2,200 Task 4: Alternative Alignment Analysis 210 $17,325 ----- -- Task 5: Alternative Presentation/Selection 8 $1,100 Task 6: Preliminary Design Report and Cost Estimates 32 $2,992 TOTAL PHASE I: 290 $26,917 PHASE II: PREPARATION OF PS&E The cost for Phase II services will be developed and negotiated with the City based on the scope of services defined upon completion of Phase I services. CNTR#4IPSA-25 Page 4 11/18/92 EXHIBIT 4 WAGE RATES I Labor Category I Hourly Rate I, Project Manager $120 Traffic Engineer $115 Senior Engineer $100 Project Engineer $85 Junior Engineer $65 Senior Drafter $55 CADD TechnicianJDrafter $50 Word Processing $50 Survey Crew $200 Landscape Architect $75 CNTR#4/PSA-2S Page 5 11/18/92