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HomeMy WebLinkAbout1990-034 1 2 3 4 5 6 RESOLUTION NO. 90-34 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GFB-FRIEDRIECH & ASSOC., INC. FOR CONSULTANT SERVICES FOR RELATIVE TO THE FORMATION OF A CITY-WIDE ASSESSMENT DISTRICT. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOllOWS: SECTION 1. The Mayor is hereby authorized and directed to 15 si xty (60) days of the 16 17 18 19 20 21 22 23 24 25 26 27 28 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Counci 1 of the Ci ty of San Bernardi no at an rp.alll i-lr meeti ng thereof, hel d adiourned on the da y 0 f , 1990, by the 22nd Januarv f 011 0 wing vote, to wit: AYES:Council Members Estrdd~.!eilly, ~~~y, Miller NAYS: Council Members Flores, Pope-Ludlam ABSENT: Council Member Minor Ci ty Clerk -10-90 RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH GFB-FRIECHRICH ,FOR CONSULTANT SERVICES - CITY WIOE ASSESSMENT DISTRICT. 1 2 3 4 5 6 7 The foregoing dlt/v day of Jdnuary . 1990. resolution is hereby approved ?' t his ~.... EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES Thi~ AGREEMENT is made and entered into this o?JI:~ day of - \,_.~' 1990, by and between the CITY OF SAN BERNARDINO, California, municipal corporation, hereinafter referred to as the "CITY" Land GFB-'FRIEORICH & ASSOC., H;C. a California corporation, hereinafter referred to as "CONSULTANT". WIT N E SSE T H WHEREAS, City desires to obtain professional services to: PROVIDE ADVISORY SERVICES RELATIVE TO THE FORMATION OF A CITY-WIDE STREET LIGHTING AND STREET SWEEPING DISTRICT PURSUANT TO THE MUNICIPAL CODE. WHEREAS, in order to it is necessary to retain engineering and consulting develop the proper method of determ; n; n9 benef; t , the professional services of a qualified firm; and WHEREAS, Consultant is qualified to provide said professional services; and WHEREAS, San Bernardino city Council has elected to engage the services of Consultant upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Consultant shall perform those services specified in "Scope of Services", a copy of ..hich is attached hereto as Exhibit "1" and incorporated as though set forth in full. 2. TERM OF AGREEMENT The services of Consultant 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 Consultant 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" sc.hedule unless extended by written agreement of the parties. 3. STANDARD OF PERFORMANCE Consultant shall complete all work product and design in conformance with the City of San Bernardino's Standard Drawings. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Services", is made an obligation of Consultant 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 Consultant 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 Consultant 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 Consultant's "Schedule of Hourly Rates" dated August 1, 1989 , 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 Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in performance of the work, in an amount not to exceed $13,036.00 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 Consultant before commencement of performance of such significant alteration by Consultant. Any adjustment of the total cost of services will only be permitted when the Consultant 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 performed; and the work is required to be 3. Duration of specified in warrants such work if the change the Agreement for adjustment. from the time period Completion of the work C. State and Consultant accordance The Consultant is required to comply with all Federal, local laws and ordinances applicable to the work. The is required to comply with prevailing wage rates in 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 Consultant 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 Consultant 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 Consultant. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. The parties hereto otherwise agree not to be bound by any other requirements 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 provision of this Agreement, or to collect any portion of payable under this Agreement, then all litigation and expenses, witness fees, and court costs, and attorney's paid to the prevailing party. any term or the amount collection fees shall be 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 Consultant and shall be City's agent with respect to obtaining Consultant'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 Director of Public Works/City Engineer and the city Administrator may review and inspect the Consultant's activities during the progress of the program. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Consultant 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. Consultant 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, Consultant 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 Consultant for all the fees, charges and services performed to City's satisfaction by Consultant, which finding of satisfaction shall not be unreasonably withheld. Consultant hereby covenants and agrees that upon termination of this Agreement for any reason, Consultant 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 Consultant from any claims, losses, costs, including Attorney's fees, and liability arising out of such use. Consultant shall be compensated for such services in accordance with Exhibit "4". B. This Agreement may be terminated for the convenience of City upon thirty (30) days written notice to Consultant. Upon notice, Consultant shall provide work product to city and city compensate Consultant in the manner set forth above. the such shall C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all 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 Consultant, Consultant 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 Consultant 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. Consultant 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 Consultant shall act performance of the services Consultant shall furnish such respect shall it be considered as an independent contractor in the provided for under this Agreement. services in its own manner and in no an agent or employee of city. 12. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Consultant without the written consent of city. Any attempt by Consultant 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 $10,000.00 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 Consultant and city: CONSULTANT CITY GFB-FRIEDRICH & ASS1C., INC. Attn: Mr. John Friedrich 680~ In4iana ~venue, Ste. 201 Riverside, CA 92506 Mr. Roger Hardgrave Director of Public Works/City Engineer 300 North "D" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Consultant 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 Consultant. C. All tracings, survey notes, and other original documents are instruments of service and shall remain the property of Consultant except where by law, precedent, or agreement these documents become public property. All such documents or records shall be made accessible to city. Consultant 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. 15. COVENANT AGAINST CONTINGENT FEE Consultant 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 Consultant 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. 16. HOLD HARMLESS CLAUSE A. Consultant 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 Consultant's negligent acts, errors or omissions under this Agreement. B. Consultant 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 fee 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 Consultant under this Agreement. 17. INDEMNITY Consultant shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgements, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities, of, by, or with respect to third parties, which arise solely from Consultant's negligent performance of services under this Agreement. Consultant shall not be responsible for, and City shall indemnify, defend and hold harmless Consultant from and against, any and all claims, demands, suits, actions, proceedings, judgements, 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, judgements, 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 Consultant and City, each party shall assume responsibility in proportion to the degree of its respective fault. 18. LIABILITY/INSURANCE A. Consultant'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 Consultant other than for professional errors and omissions, will be limited to $1,000,000.00. For any damage on account of any error, omission or other professional negligence Consultant's liability, will be limited to a sum not to exceed $50,000.00 or Consultant's fee, whichever is greater. B. The city will require the Consultant to provide Workers Compensation and Comprehensive General Liability Insurance, including completed operations and contractual liability, with coverage sufficient to insure the Consultant's indemnity, as above required; and, such insurance will include the City, the Consultant, their consultants, and each of their officers, agents and employees as additional insureds. .t; C. Consultant shall provide a policy if insurance, in which named insured to the extent of the evidence of insurance in the form of the city is named as an additional coverage required by this Agreement. 19. 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 effect, and to this end the provisions of this Agreement are declared to be severable. 20. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between the parties hereto and supercedes all prior and contempor- aneous 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. IN WITNESS WHEREOF, the parties hereto have caused this to be executed on the date written above by their duly officers on their behalf. Agreement authorized ATTEST: GFB-FRIEORICH & ASSJC., INC. By: CITY OF SAN BERNARDINO, a municipal corporation ./ / / By: ~ Approved as to form and legal content: JAMES F. PENMAN, city Attorney By: EXHIBIT "1" CITY OF SAN BERNARDINO ADVISORY SERVICES RELATIVE TO A CITY-WIDE STREET LIGHTING AND STREET SWEEPING DISTRICT SCOPE OF SERVICES The necessary tasks to provide consultation and a proposed as- sessment formula in report format are outlined below: 1. Research & data gathering relative to land uses and numbers of parcels within the City. 2. Attend City Council and staff meetings as required (Assume 8 meetings at 3-1/2 hours each plus preparation). 3. Prepare report which contains proposed assessment formula. the procedure for forming the District and a proposed project schedule (includes Citv-requested revisions). 4. Provide ongoing consultation service to City staff on an as-needed basis. Within this Agreement, the City will provide the labor required to form the District and provide all necessary field and office research. The City will also provide an assessment engineer to prepare and sign the Engineer's Report, including the preparation of boundary maps and assessment diagrams. END I-J EXHIBIT "2" CITY OF SAN BER~ARDINO ADVISORY SERVICES RELATIVE TO A CITY-WIDE STREET LIGHTING AND STREET SWEEPING DISTRICT PROJECT SCHEDULE The services to be provided under the terms of this Agreement shall be completed by September 1, 1991. END 2-1 EXHIBIT "3' CITY OF SAN BERNARDINO ADVISORY SERVICES RELATIVE TO A CITY-WIDE STREET LIGHTING AND STREET SWEEPING DISTRICT PRO,lEC r FEES The estimated fees proposed formula in Exhi bi t "I". "SCOPE task. required to report format OF SERVICES." provide consultation and a are outlined below. Refer to for an explanation of each 1 . Task .$ 3.064.00 2. Task 2 .S 3.288.00 3. Task 3 .$ 5.184.00 4. Task 4 .$ 1.500.00 ---~--- Total Estimated Labor Fee $13,036.00 GFB-Friedrich and materials Reproduction, as flddi tional proposes to invoice the City on a monthly on a time basis for work completed during the previous month. blueprints, report binding, etc. will be invoiced out-ot-pocket costs. END 3-1 ( , . . AUQ"ust 1. 1989 EXHIBIT "4" GFB-FRIEDRICH & ASSOC.. INC. SCHEDULE OF HOURLY RATES CLASSIFICATION 1. Principal L. Registered Engineer 3. Project Manager 4. Draftsperson/Field Inspector 5. Designer b. 2-Man Survev Party 7. 3-Man Survey Party 8. Survey Computer 9. Clerical 10. Engineering Aide Sub-Consultants Bluep~ints. Reproduction & Courier Service Job Travel Deliverv . HOURLY RATE s 86.00 per hour s 73.00 per hour s 69.00 per hour s 50.00 per hour s 63.00 per hour s 126.50 per hour s 167.25 per hour s 61.00 per hour s 34.00 per hour s 23.00 per hour Sub-Consultant fee plus 109" Vendor Costs s 0.36 per mile s 19.00 pel' hour plus mileage Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 1.75 times standard hourly rate. This Schedule of Hourly Rates is in effect through July 31. 1990 and shall be subject to annual revision based on changes in the cost of living and the Union Labor Agreement. NOTE: 4-1