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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL Ac1i};;9l G 1 N A L
From:
James Funk, Director
Subject:
Resolution approvmg Agreement for
Professional Services with Transtech
Engineers, Inc. to provide Program
Management Services for the Santa Fe
Depot Parking Structure Project (GB04-l9)
and authorization for the Director of Finance
to amend the FY 2005/06 Budget.
Dept:
Development Services
Date:
October 21,2005
MCC Date: November 7, 2005
Synopsis of Previous Council Action:
08/15/05 Adopted FY 2005/06 Five-Year Capital Improvement Program (CIP) which included
Project No. GB04-l9 "Santa Fe Depot Parking Structure".
09/19/05 Adopted Resolution No. 2005-317 authorizing the execution of Amendment Number 3
and ratifying Amendment Number 2 to the Cooperative Agreement between the City of
San Bernardino and the San Bernardino Associated Governments (SANBAG) for the
San Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe
Depot Rehabilitation Project, Contract No. 04-040.
Recommended Motion:
1. Authorize the Director of Finance to amend the FY2005/06 Budget to reflect increased revenues
and expenditures from SANBAG in the amount of $369,000 for a tot unding amount in Account
No. 242-362-5504-7576 of $900,000 ($796,770 in fe eral rei b sement and $103,230 in
SANBAG funding), and
2. Adopt Resolution.
Contact Person: Mike Grubbs, Eng. Manager/Field Eng.
Phone:
5179
Supporting data attached:
Staff Report, Maps, Reso,
Exhibit "A" (Agreement),
and Exhibit "B (RFP)
Ward:
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FUNDING REQUIREMENTS: Amount: $ 586,000.00
Source: (Acct. No) 242-362-5504-7576
Acct. Description: Santa Depot Parking Structure (GB04-19)
Finance:
ubi-OS'
Agenda Item No. ---l&
Council Notes:
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Agreement for Professional Services with Transtech Engineers, Inc. to provide
Program Management Services for the Santa Fe Depot Parking Structure Project (GB04-19) and
authorization for the Director of Finance to amend the FY 2005/06 Budget.
Backe:round:
On August 15, 2005, the Mayor and Common Council adopted the FY 2005/06 Capital Improvement
Program (CIP). The CIP included provisions for a parking structure containing approximately 350 spaces
located on the north side of 2nd Street between Mt. Vernon Avenue and Viaduct Boulevard.
This project was requested by the San Bernardino Associated Governments (SANBAG) to alleviate a
shortage of parking for Metrolink riders. The existing parking available to Metrolink riders is 305 spaces.
An additional temporary parking lot to add 149 more spaces is expected to begin construction shortly and be
completed in January of2006.
The new parking structure is proposed to be 3 levels and provide at least 350 new parking spaces. The cost
of the project is currently estimated at $6,200,000, which consists of a combination of Congestion
Management and Air Quality (CMAQ) and SANBAG local funding.
On July 25, 2005, the City received notification from Caltrans that our request for authorization to proceed
with preliminary engineering was approved. The amount approved was $900,000, consisting of $531,000 in
federal funds and $369,000 in local matching funds provided by SANBAG. However, SANBAG is in the
process of rearranging funding so that the split will be $796,770 in federal fund reimbursement and
$103,230 in local matching funds from SANBAG. Per an amended agreement with SANBAG, the local
match will be advanced in a phased manner while the City will be required to seek reimbursement in arrears
from Caltrans. Upon completion of the preliminary engineering phase of the project, a request for
authorization for construction funding will be submitted to Caltrans.
The scope of services for this project is to provide program management, including, but not limited to:
. Preparation of all necessary funding documents for the obligation and authorization of the use of federal
funds, and coordination with required agencies to obtain such approvals/authorizations.
. Preparation of an RFP to solicit proposals from parking structure design architects.
. Assistance to the City in the selection process ofthe design architect.
. Management of design consultant.
. Technical review of the design plans, including acting as an extension of City Building Department,
building plan check and approval for compliance with the applicable codes.
. Quality control plan check.
. Value engineering.
. Review of cost estimates.
. Budget and funding control to make sure the project is completed within available budget with all
aspects.
. Preparation of necessary documentation and submittals to obtain necessary approvals, including
environmental (assumed to be a negative declaration without requiring any studies), PE, Authorization to
, Advertise, Authorization to Award, Authorization to Proceed with Construction and Final Report as
required on Federally Funded Projects.
. Enforcement of federal fund requirements.
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10/25/20053:12 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
. Construction management.
. Contract administration.
. Specialty Inspections.
. Acting as an extension of Building Department, provide necessary building code inspection.
Requests for Proposals (RFP) for Professional Services were sent to 54 civil and architectural engineering
firms. Five (5) firms responded to the RFP. Proposals were received from the following consultant
entities:
Company Location
Transtech Engineers, Inc. San Bernardino
LAN Engineering Corporation San Bernardino
MARRS Services, Inc. Santa Fe Springs
Harris & Associates San Bernardino
TBI & Associates Los Angeles
The proposals were evaluated (Phase I Rating-evaluation of proposals) by staff based on a rating system
allowed by Caltrans for federally funded projects. Phase I of the evaluation process involves rating the
written proposals submitted by each consultant. The phase I rating system included such factors as past
experience with similar types of projects, adequacy and experience of staff, completeness of proposal, past
experience working with the consultant and understanding the requirements of the project. Transtech
Engineers, Inc., LAN Engineering Corporation, and Harris & Associates were rated the top 3 consultants
for this project based on the evaluation of proposals. Therefore, interviews were conducted with these
three firms (Phase II Rating-interview).
A selection committee interviewing the three (3) consultant firms consisted of: Lori Sassoon, Assistant
City Administrator; Mike Bair, Program Manager, SANBAG; Evita Premdas, Caltrans Local Assistance;
James Funk, Development Services Director; Mark Lancaster, Deputy Director/City Engineer; Mike
Grubbs, Engineering Manager/Field Engineer; and Terri Rahal, Principal Planner.
,
The reviewers/evaluators selected the team of Transtech Engineers, Inc. based on their qualifications and
staff's previous experience with the firm, completeness of the proposal, understanding of the project, and
other criteria as allowed by Caltrans for evaluating consultants to receive federally funded project.
Transtech Engineers, Inc. is a local engineering firm, which is providing capital improvement program
design and management services, and construction management and inspection services on public works
projects to municipalities and counties. This company has extensive public and private sector experiences,
with many projects in the City of San Bernardino. Transtech Engineers, Inc. is currently completing the
area plan around the Santa Fe Depot and has in-depth knowledge of the area and contemplated changes
thereto.
Transtech Engineers, Inc. team's response to the RFP and the evaluation interview conducted by City staff
demonstrated experience with similar projects and specific knowledge of the proposed parking structure
prbject.
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10/25/20053:12 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
ST AFF REPORT (Continued)
Proposed fees for services were as follows:
Three Highest Ranked Company Fee
Per Proposal
Transtech Engineers, Inc. $586,000.00
LAN Engineering Corporation $2,053,195.00
Harris & Associates $1,490,906.70
The proposal submitted by Transtech Engineers, Inc. offers the lowest proposed consultant fee and was
determined to be clearly superior by the rating panel based on a consideration of all the rating factors.
Transtech Engineers, Inc. agreed to reduce its fee based on negotiation with the City Engineer.
A pre award audit, as required by Caltrans Local Assistance Procedure No. LPP 00-05, was completed by the
CPA firm of Vasquez & Company, LLP and submitted to Caltrans Audits and Investigations on September
12,2005. This pre award audit, which examines such factors as reasonableness of the Consultant's proposed
costs, adequacy of the consultant's accounting system for the prospective contract, and the consultant's
financial capability to perform the proposed contract, is required prior to award of any federally funded
design contract in an amount exceeding $250,000.
Attached is an Agreement for Services, marked Exhibit "A", with Transtech Engineers, Inc. to provide
Program Management Services for design and construction of a parking structure at the Santa Fe Depot.
The form of the Agreement is as specified in the Caltrans Local Programs Manual for federally funded
projects.
The anticipated schedule for this project is as follows:
Task , Date
Funding approved on the RTIP & Programmed FY 04/05 October 6, 2004
Expenditure Authorization to proceed with Preliminary Engineering June 29, 2005
Received from Caltrans.
Received RFQ/RFP's for Program Manager. July 11, 2005
Selection of most qualified consultant Program Manager. August 2005
Pre-award Audit of Consultant Program Manager September/October 2005
Award of contract to selected Consultant Program Manager. November 7, 2005
Notice to Proceed to Consultant Program Manager November 2005
Complete Final Design and obtain NEPA Clearance from Caltrans and December 2006
FHWA.
Prepare Final Construction Plans, Specifications & Estimate and July 2007
Advertise for Bids.
Start of Construction November 2007
Construction Complete. November 2008.
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10/25/2005 3: 14 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
ST AFF REPORT (Continued)
Market conditions in the area may provide an opportunity for retail commercial development along 2nd
Street in the vicinity of the Santa Fe Depot. Therefore, the proposed parking structure will be set back
approximately 150 feet to accommodate future retail development along the 2nd Street corridor.
It is desirable that the realignment of Viaduct Boulevard be completed prior to start of construction of the
parking structure. We anticipate that the realignment can be funded in the FY 2006/07 CIP budget and
the realignment of Viaduct Boulevard can be completed prior to start of construction of the parking
structure.
Financial Impact:
Funding for this project was allocated in Account No. 242-362-5504-7576 in the amount of $531,000 in
FY 2005/06 for preliminary engineering and $5,469,000 in FY 2006/07 for construction using a
combination of CMAQ and SANBAG funding. The SANBAG Board of Directors, on September 22,
2005, programmed a total of $711,140 to match the federal funding amount of $5,488,860 for a total
funding amount of $6,200,000.
On September 19, 2005, Resolution No. 2005-317 was adopted, approving Amendment 3 to the
Cooperative Agreement between the City of San Bernardino and the San Bernardino Associated
Governments (SANBAG) for the San Bernardino Metrolink Commuter Rail Station and the San Bernardino
Santa Fe Depot Rehabilitation Project, Contract No. 04-040. Under terms of Amendment No.3, an
amount of $103,230 will be immediately made available from SANBAG as local match for CMAQ funds
approved for PS&E and environmental clearance work.
88.53 % of the cost of this Agreement with Transtech Engineers, Inc. will be reimbursed by the Federal
Highway Administration (FHW A) through Caltrans. The remaining 11.47% will be reimbursed by
SANBAG.
Staff time, incidental costs and the cost of minor specialized consultants not related to Transtech
Engineers, Inc. will be charged to Account No. 242-362-5504-7576 and will be subject to the same
reimbursement rules described above.
A budget amendment is needed at this time to appropriate the additional funds being received in FY 05-06
for this project.
Recommendation:
1. Authorize the Director of Finance to amend the FY2005/06 Budget to reflect increased revenues and
expenditures from SANBAG in the amount of $369,000 for a total funding amount in Account No. 242-
362-5504-7576 of $900,000 ($796,770 in federal reimbursement and $103,230 in SANBAG funding),
and
2. Adopt Resolution.
5
10/26/2005 11 :04 AM
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~~fl - ' SECTION 1.APPROACtt AND SCOPE. Of WORK, Pa 5
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RESOLUTION NO. ~ [p 1f
RESOLUTION OF THE CITY OF SAN BE~"IARDINO APPROVING AN
AGREEMENT FOR PROFESSIONAL SERVICES WITH TRANSTECH ENGINEERS,
INC. TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR THE SANTA FE
DEPOT PARKING STRUCTURE PROJECT (GB04-19).
BE IT RESOL VED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDI~O AS FOLLOWS:
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8 Bernardino, CA 92408, is competent, experienced and has provided the most advantageous and
SECTION 1. Transtech Engineers, Inc., 198 N. Arrowhead Avenue, Suite "I", San
9 best proposal for provision of program management services for design and construction of the
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Santa Fe Depot parking structure project (GB04-19) per Agreement for Professional Services,
attached hereto and incorporated herein as Exhibit "A", for the not-to-exeeed amount of
S586,000, based on the consultant's response to the Request for Proposal (RFP), attached hereto
and incorporated herein as Exhibit "B." Pursuant to this determination, the Purchasing Manager
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is hereby authorized and directed to issue Purchase Orders for said services to said finn which
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references this Resolution.
The Mayor is hereby authorized and directed to execute said
Agreement on behalf of the City.
SECTION 2. The authorization to execute the above referenced Agreement is rescinded
if it is not executed within sixty (60) days of the passage' of this resolution.
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RESOLUTION ............ APPROVING AN AGREEMEl'\T FOR
PROFESSIONAL SERVICES WITH TRANSTECH ENGll'IEERS, INC. TO PROVIDE
PROGRAM MANAGEMENT SERVICES FOR THE SANTA FE DEPOT PARKING
STRUCTURE PROJECT (GB04-I9).
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6 Common Council of the City of San Bernardino at a
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof, held
on the
, 2005, by the following vote, to wit:
day of
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ABST AIN ABSENT
Council Members:
AYES
NAYS
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12 MC GINNIS
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ESTRADA
LONGVILLE
DERRY
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Approved as to
24 form and legal content:
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2005.
Judith Valles, Mayor
City of San Bernardino
25 JAMES F. PENMAN,
26 City Attorney
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EXHIBIT" A"
PROGRAM MANAGEMENT SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
AGREEMENT FOR SERVICES
FOR THE METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
BY AND BETWEEN
CITY OF SAN BERNARDINO AND TRANSTECH ENGINEERS, INC.
(EXHIBIT "A")
This AGREEMENT FOR PROGRAM MANAGEMENT SERVICES BY AND
BETWEEN CITY OF SAN BERNARDINO (AGENCY) and TRANSTECH ENGINEERS,
INC. (CONSULTANT), is made and entered into effective as of the _th day of
2005, by and between the AGENCY and the CONSULTANT.
SECTION 1. TERM OF AGREEMENT.
The term of this AGREEMENT shall be for a period of 36 months from the effective
date of this AGREEMENT, as first shown above. Such term may be extended upon written
agreement of both parties to this AGREEMENT.
SECTION 2. SUBCONTRACTORS.
CONSl:JL T ANT shall perform the services contemplated under this AGREEMENT
using the resources available within its own organization and any subcontractors that have
been authorized, in writing, by the AGENCY. Any substitution of subcontractors must be
approved, in writing, by the AGENCY. Any sl:lbcontract with a value in excess of TWENTY-
FIVE THOUSAND DOLLARS ($25,000) that is_ executed by CONSULTANT in connection
with this AGREEMENT shall contain all of the provisions of this AGREEMENT that are
stipulated herein to be applicable to subcontractors.
SECTION 3. SCOPE OF SERVICES.
CONSULTANT agrees .to perform the services set forth in Attachment 1 of this
AGREEMENT.
SECTION 4. ADDITIONAL SERVICES.
(a) CONSUL TANT shall not be compensated for any services rendered in
connection with its performance of this AGREEMENT which are in addition to or outside of
those described in this AGREEMENT, unless such additional services are authorized in
advance and in writing by the AGENCY. CONSULTANT shall be compensated for any such
additional authorized services in the amounts and in the manner agreed to in writing by the
AGENCY. .
(b) 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
Page 1
PROGRAM MANAGEMENT SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
Agreement. and such failure shall not con'stitute a default in performance, the AGENCY
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.
SECTION 5. COMPENSATION AND METHOD OF PAYMENT.
(a) CONSULTANT. Shall be compensated in the manner and amounts specified
in Attachment 2 of this AGREEMENT. The total compensation due CONSULTANT shall
not exceed the amount set forth in the budget contained in Attachment 2 unless additional
compensation has been approved in writing in advance by the AGENCY. Notwithstanding
the established not-to-exceed budget, CONSULTANT shall incur only such costs as are
reasonable and necessary and in the best interests of the AGENCY. If, at any time,
CONSUL TANT estimates the cost of performing the services described in
CONSULTANT's Proposal will exceed the budget for such services including approved
additional compensation, CONSULTANT shall notify the AGENCY immediately in writing
indicating the additional amount necessary to complete the services. Any cost incurred by
CONSULTANT in excess of the aforesaid limitation without the express written consent of
the AGENCY shall be at CONSULTANT's own risk.
(b) As soon as practical after the first day of each calendar month,
CONSUL TANT shall furnish to AGENCY an original invoice. The invoice shall identify all
compensation due CONSULTANT by AGENCY and shall be in accord with
CONSUL TANT's Proposal. AGENCY shall use its best efforts to pay the amount invoiced
in full within thirty (30) days after receipt of invoice.
(c) AGENCY shall independently review each invoice submitted by the
CONSULTANT to determine if said invoice is in compliance with all provisions of this
AGREEMENT. All CONSULTANT costs and expenses and any subcontractor costs and
expenses must be in accord with the Contract Cost Principles and Procedures of the
Federal Acquisition Regulation, 48 CFR Part 31 et seq. (the FAR), and Uniform
Administrative Requirements for Grants and Cooperative Agreements to State and Local
Governments, 49 CFR Part 18. Any costs and expenses for which payment has been
made to CONSULTANT and/or CONSULTANT's subcontractors that are determined by
subsequent audit to be unallowable are subject-to repayment by CONSULTANT and/or
CONSULTANT's subcontractors to AGENCY. The eligibility requirements for subcontractor
cost and expenses, as described in this SECTION 5(c), must be contained in all
subcontracts of CONSULTANT. Further, all subcontracts of CONSULTANT must include
a provision mandating reimbursement of AGENCY for any costs for which payment has
been made that are determined to be unallowable by subsequent audit.
(d) In the event AGENCY disputes any costs or expenses in any invoice,
AGENCY shall notify CONSULTANT within thirty (30) days of receipt by AGENCY of said
invoice. AGENCY shall process the undisputed portion of said invoice. CONSULTANT shall
correct and resubmit any properly disputed portions of said invoice.
AGREEMENT
Page 2
PROGRAM MANAGEMENT SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
(e) Payment to CONSULTANT for services performed pursuant to this
AGREEMENT shall not be deemed to waive any deficiencies in services performed by
CONSULTANT.
SECTION 6. DEFICIENT SERVICES.
CONSULTANT represents and warrants that it has the qualifications, experience and
facilities necessary to properly perform the services required under this AGREEMENT.
CONSULTANT shall at all times competently, and, consistent with its ability, experience and
talents, perform all services described herein. In meeting its obligations under this
AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards
and practices utilized by consulting firms engaged in providing services similar to those
required of CONSULTANT under this AGREEMENT. AGENCY may disapprove services
that do not conform to these standards and practices and may withhold or deny
compensation for deficient services. Upon disapproval of services by AGENCY,
CONSULTANT shall immediately reperform, at its own costs, the services that are deficient.
AGENCY must notify CONSULTANT in writing of the existence of such deficient services
within a reasonable time, not to exceed sixty (60) days after its discovery thereof, but in no
event later than one (1) year after the completion of such deficient services. No approval,
disapproval, or omission to provide approval or disapproval shall release CONSULTANT
from any responsibility under this AGREEMENT.
SECTION 7. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys, reports,
data, notes, computer files, files and other documents prepared, developed or discovered by
CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall
be the sole property of AGENCY and may be used, reused or otherwise disposed of by
AGENCY without the permission of the CONSULTANT. Upon satisfactory completion of, or
in the event of expiration, termination, suspension, or abandonment of this AGREEMENT,
CONSULTANT shall turn over to AGENCY all such maps, models,' designs, drawings,
photographs, studies, surveys, reports, data, notes, computer files, files and other
documents which CONSULTANT may have temporarily retained for use by CONSULTANT
staff. With~respect to computer files, CONSULTANT shall make available to the AGENCY,
upon reasonable written request by the AGENCY, the necessary computer software and
hardware for purposes of accessing, compiling, transferring and printing computer files.
SECTION 8. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records
demonstrating or relating to CONSULTANT's performance of services pursuant to this
AGREEMENT. CONSULTANT shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, or other documents or records evidencing or relating
to work, services, expenditures and disbursements charged to AGENCY pursuant to this
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AGREEMENT
PROGRAM MANAGEMENT SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
AGREEMENT. Any and all such documents or records shall be maintained in accordance
with generally accepted accounting principles and shall be sufficiently complete and detailed
so as to permit an accurate evaluation of the services provided by CONSULTANT pursuant
to this AGREEMENT. Any and all such documents or records shall be maintained for not
less than four years from the date of final payment made in accordance with this
AGREEMENT and to the extent required by laws relating to audits of public agencies and
their expenditures.
(b) Any and all records or documents required to be maintained pursuant to this
SECTION 8 shall be made available for inspection, audit and copying, at any time during
regular business hours, upon written request by AGENCY or its designated representatives
or representatives of any governmental entity, including the Federal Highway Administration
and Caltrans, that is providing funding for the Project, if a portion of such funding is used to
compensate CONSULTANT hereunder. Copies of such documents or records shall be
provided directly to the AGENCY for inspection, audit and copying when it is practical to do
so; otherwise, unless an alternative is mutually agreed upon, such documents and records
shall be made available at CONSULTANT's address indicated for receipt of notices in this
AGREEMENT.
(c) Where AGENCY has reason to believe that any of the documents or records
required to be maintained pursuant to this SECTION 8 may be lost or discarded due to
dissolution or termination of CONSULTANT's business, AGENCY may, by written request,
require that custody of such documents or records be given to the requesting party and that
such documents and records be maintained by the requesting party. Access to such
documents and records shall be granted to AGENCY, as well as to its successors-in-interest
and authorized representatives.
SECTION 9. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent
CONSUL TANT and not an officer, employee or agent of AGENCY. CONSULTANT shall
have no authority to bind AGENCY in any manner, nor to incur any obligation, debt or
liability of any kind on behalf. of or against AGENCY, whether by contracf or otherwise,
unless such authority is expressly conferred under this AGREEMENT or is otherwise
expressly conferred in writing by AGENCY.
(b) The personnel performing the services under this AGREEMENT on behalf of
CONSULTANT shall at all times be under CONSULTANT's exclusive direction and control.
Neither AGENCY, nor any elected or appointed boards, officers, officials, employees or
agents of AGENCY, shall have control over the conduct of CONSULTANT or any of
CONSULTANT's officers, employees or agents, except as set forth in this AGREEMENT.
CONSULTANT shall not at any time or in any manner represent that CONSULTANT or any
of CONSULTANT's officers, employees or agents are in any manner officials, officers,
employees or agents of AGENCY.
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AGREEMENT
PROGRAM MANAGEMENT SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
(c) Neither CONSULTANT, nor any of CONSULTANT's officers, employees or
agents, shall obtain any rights to retirement, health care or any other benefits which may
otherwise accrue to AGENCY's employees. CONSULTANT expressly waives any claim
CONSULTANT may have to any such rights.
(d) Pers Eligibility Indemnity. In the event that CONSULTANT or any employee,
agent, or subcontractor of CONSULTANT providing services under this Agreement claims
or is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the
City, CONSULTANT shall indemnify, defend, and hold harmless City for the payment of
any employee and/or employer contributions for PERS benefits on behalf of
CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of
any penalties and interest on such contributions, which would otherwise be the
responsibility of City.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS, LICENSES.
CONSULTANT shall keep itself informed of and comply with all applicable federal,
state and local laws, statutes, codes, ordinances, regulations and rules in effect during the
term of this AGREEMENT. CONSULTANT shall obtain any and all licenses, permits and
authorizations necessary to perform the services set forth in this AGREEMENT.
SECTION 11. DISADVANTAGED BUSINESS ENTERPRISES.
(a) During the term of this AGREEMENT, CONSULTANT shall make good faith
efforts to ensure that Disadvantaged Business Enterprises (DBEs) have the maximum
opportunity to successfully participate in the work under this AGREEMENT and that
CONSULTANT meets the required DBE goal(s). A good faith effort to ensure DBEs have
the maximum opportunity to participate in work under this AGREEMENT shall include but
not be limited to the following:
(1) Negotiating in good faith to attempt to finalize and execute subcontract
agreements with all DBEs that have been proposed to AGENCY by
CONSULTANT.
(2) Utilizing DBE suppliers and DBE subcontractors, where possible, and
documenting all efforts to do so.
(3) Providing assistance to DBE subcontractors or suppliers in obtaining
required bonding and lines of credit.
(4) Notifying a DBE in writing of any potential problem and attempting to
resolve the problem prior to formally requesting AGENCY approval to
substitute for the DBE.
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AGREEMENT
PROGRAM MANAGEMENT SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
(5) Making timely payment of all monies due and owing to DBE
subcontractors and suppliers.
(6) Alerting AGENCY in a timely manner of any problems anticipated in
attaining CONSULTANT's DBE participation goal(s).
(b) If CONSULTANT seeks approval from the AGENCY for the substitution of
DBE subcontractors or suppliers, CONSULTANT shall use good faith efforts to substitute
other DBE subcontractors or suppliers.
(c) Changes to this AGREEMENT that increase or decrease DBE participation
shall be appropriately reflected in all reports to AGENCY that describe DBE participation in
the Project.
(d) All subcontractors and suppliers that are to be counted by CONSULTANT
toward the achievement of CONSULTANT's DBE goal must be certified. CONSULTANT is
responsible for verifying and monitoring the certificate status of its DBE subcontractors and
suppliers. AGENCY is not a DBE certifying agency. AGENCY will accept DBE certification
by Caltrans, or other organizations that certify the eligibility of DBEs in accordance with 49
CFR 26.
(e) CONSULTANT and AGENCY agree that CONSULTANT shall make a good
faith effort to achieve the DBE goal.
(f) A good faith effort to achieve the DBE goal may be demonstrated by
CONSUL TANT through one or more of the follGwing:
(1) Planning to use DBE subcontractors and suppliers to a greater
degree than that needed to achieve any DBE goal established for this
AGREEMENT.
(2) Actively soliciting substitute DBE subcontractors and suppliers to
replace DBE organizations that are unable to participate in the Project in
spite of the initial agreement of said DBE organizations to undertake work for
the Project.
(3) Providing additional work to existing Project DBE subcontractors
should changes in CONSULTANT's Incremental Scopes of Services
eliminate or reduce work assignments planned for DBE subcontractors.
(g) CONSUL TANT must carefully record CONSULTANT's good faith efforts to
achieve the DBE goal and must share said records with AGENCY if requested to do so.
Page 6
AGREEMENT
PROGRAM MANAGEMENT SERVICES. METROllNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 12. FAIR EMPLOYMENT PRACTICES.
(a) In the performance of this AGREEMENT, CONSULTANT will not
discriminate against any employee because of race, color, sex, religion, national origin,
age, ancestry, pregnancy, disability, sexual orientation, medical condition or marital
status and shall comply with the provisions of the State Fair Employment Practices Act
as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil
Rights Act of 1964, and all amendments thereto; Executive Order No. 11246; and all
administrative rules and regulations issued pursuant to such acts and order.
CONSULTANT will take affirmative action to ensure that employees are treated during
employment without regard to their race, sex, actual or perceived sexual orientation,
color, religion, ancestry, or national origin. Such action shall include, but not be limited
to, the following: employment, upgrading, demotion or transfer; recruitment or
recruitment advertising; layoff or termination; rates of payor other forms of
compensation; and selection for training, including apprenticeship. CONSULTANT shall
post in conspicuous places, available to employees for employment, notices provided
by state and federal agencies regarding fair employment practices.
(b) Remedies for willful violation:
(1) The AGENCY may determine a willful violation of the fair
employment provision of this AGREEMENT to have occurred upon receipt
Df a final judgment to that effect from a court in an action to which
CONSUL TANT was a party, or upon receipt of a written notice form the Fair
Employment and Housing Commission that it has investigated and
determined that CONSUL TANTflas violated the Fair Employment Practices
Act and had issued an order under Labor Code Section 1426 which has
become final or has obtained an injunction under Labor Code Section 1429.
(2) For willful violation of the fair employment provision of this
AGREEMENT, the AGENCY shall have the right to terminate this
AGREEMENT, either in whole or in part, and any loss or damage sustained by
AGENCY in securing the goods or services described herein shall be borne by
and paid for by CONSULTANT and AGENCY may deduct from any moneys
due or that thereafter may become due to CONSULTANT, the difference
between tne price named in the AGREEMENT and the actual cost thereof to
AGENCY to cure CONSULTANT's breach of this AGREEMENT
SECTION 13. NONDISCRIMINATION ASSURANCES.
(a) CONSULTANT hereby agrees that it will comply with Title VI of the Civil
Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d 42 U.S.C. 2000d-4 (the ACT), and all
requirements imposed by, or pursuant to Title 49. Code of Federal Regulations.
Department of Transportation. Subtitle A, Office of the Secretary, Part 21.
Nondiscrimination in Federally-Assisted Programs of the Department of Transportation
Effectuation of Title VI of the Civil Rights Act of 1964 (the REGULATIONS), the Federal-
Page 7
AGREEMENT
PROGRAM MANAGEMENT SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
Aid Highway Act of 1973, and other pertinent directives, to the end that in accordance with
the ACT, REGULATIONS, and other pertinent directives, no person in the United States
shall, on the basis of race, color, sex, national origin, religion, age or disability, be excluded
from participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity of CONSULTANT under this AGREEMENT.
(b) CONSULTANT, without limiting the above general assurance, hereby gives
the following specific assurances:
(1 ) CONSULTANT agrees that each program and each facility as defined
in subsections 21.23(e) and 21.23(b) of the REGULATIONS will be conducted
or will be operated in compliance with all requirements imposed by, or
pursuant to, the REGULATIONS.
(2) CONSULTANT shall insert the following notification in all solicitations
for bids for work or material made in connection with this AGREEMENT and,
in adapted form, in all proposals for negotiated agreements:
CONSULTANT hereby notifies all bidders that it will affirmatively
ensure that in any agreement entered into pursuant to this
advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not be
discriminated against on the grounds of race, color, sex, national
origin, age, religion, or disability in consideration for an award.
(3) CONSULTANT agrees that the United States and the State of
California have a right to seek judicial enforcement with regard to any matter
arising under the ACT, the REGULATIONS, and this AGREEMENT.
(4) CONSUL TANT shall provide for such methods of administering its
obligations under the AGREEMENT as are found by the U.S. Secretary of
Transportation, or the official to whom he delegates specific authority, to give
reasonable guarantee that CONSULTANTS and its agents, subcontractors,
and successors in interest will comply with all requirements imposed by, or
pursuant to the ACT, the REGULATIONS, and this AGREEMENT.
SECTION 14. UNAUTHORIZED ALIENS.
CONSULTANT hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A.. 1101, et seq., as amended, and, in
connection therewith, shall not employ unauthorized aliens as defined therein. Should
CONSULTANT so employ such unauthorized aliens for the performance of work and/or
services covered by this AGREEMENT, and should any liability or sanctions be imposed
against AGENCY for such use of unauthorized aliens, CONSULTANT hereby agrees to and
shall reimburse AGENCY for the cost of all such liabilities or sanctions imposed, together
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AGREEMENT
PROGRAM MANAGEMENT SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
with any and all .costs, including attorneys' fees, incurred by AGENCY in connection
therewith.
SECTION 15. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any of its officers or principals
has or shall acquire any interest, directly or indirectly, which would conflict in any manner
with the interests of AGENCY or which would in any way hinder CONSULTANT's
performance of services under this AGREEMENT. CONSULTANT further covenants that in
the performance of this AGREEMENT, no person having any such interest shall be
employed by it as an officer, employee, agent or subcontractor without the express written
consent of the AGENCY. CONSULTANT agrees to at all times avoid conflicts of interest or
the appearance of any conflicts of interest with the interests of AGENCY in the performance
of this AGREEMENT.
(b) AGENCY understands and acknowledges that CONSULTANT is, as of the
date of execution of this AGREEMENT, independently involved in the performance of non-
related services for other governmental agencies and private parties. CONSULTANT is
unaware of any stated position of AGENCY relative to such projects. Any future position of
AGENCY on such projects shall not be considered a conflict of interest for purposes of this
section.
SECTION 16. RESTRICTIONS ON LOBBYING ON FEDERALLY FUNDED PROJECTS.
(a) By signing this AGREEMENT, CONSULTANT certifies, to the best of its
knowledge and belief, that no federal appropriated funds have been paid or will be paid, by
or on behalf of CONSULTANT, to any person for influencing or attempting to influence an
officer or employee of any federal agency, a Member of Congress, an officer or an employee
of the Congress, or an employee of a Member of Congress in connection with this
AGREEMENT.
(b) If any funds, other that federal appropriated funds, have been 'paid or will be
paid to any person for influencing or attempting to influence an officer or an employee of any
federal agency, a Member of Congress, an officer or employee of Congress or an employee
of a Member of Congress in connection with this Agreement, CONSULTANT shall complete
and submit all required lobbying disclosure forms and reports.
(c) This certification is a material representation of fact upon which reliance was
placed when this AGREEMENT was executed.
(d) The language of this SECTION shall be included in all subcontracts that
exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) in value.
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AGREEMENT
PROGRAM MANAGEMENT SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 17. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work products produced by CONSULTANT in
performance of this AGREEMENT shall be considered confidential, unless such information
is in the public domain or already known to CONSULTANT. CONSULTANT shall not
release or disclose any such information or work products to persons or entities other than
AGENCY without prior written authorization from the AGENCY, except as may be required
by law.
(b) CONSULTANT, its officers, employees, agents or subcontractors shall not,
without prior written authorization from the AGENCY or unless requested by the Counsel to
the AGENCY, voluntarily provide declarations, letters of support, testimony at depositions,
response to interrogatories or other information concerning the work performed under this
AGREEMENT. Response to a subpoena or court order shall not be considered "voluntary"
provided CONSULTANT gives AGENCY notice of such court order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of
CONSULTANT, provides any information or work product in violation of this AGREEMENT,
then AGENCY shall have the right to reimbursement and indemnity from CONSULTANT for
any damages, costs and fees, including attorneys fees, caused by or incurred as a result of
CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers,
employees, agents or subcontractors be served with any summons, complaint, subpoena,
notice of deposition, request for documents, interrogatories, request for admissions or other
discovery request, court order or subpoena from any party regarding this AGREEMENT and
the work performed thereunder. AGENCY retains the right, but has no obligation, to
represent CONSULTANT or be present at any deposition, hearing or similar proceeding.
CONSULTANT agrees to cooperate fully with AGENCY and to provide AGENCY with the
opportunity to review any response to discovery requests provided by CONSULTANT.
However, this right to review any such response does not imply or mean the right by
AGENCY to control, direct, or rewrite said response.
SECTION 18. INDEMNIFICATION.
CONSULTANT shall indemnify, defend and hold harmless AGENCY from and
against any and all claims, demands, suits, actions, proceedings, judgments, losses,
damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and
liabilities, of, by, or with respect to third parties, which arise from CONSULTANT's
negligent performance of services under this AGREEMENT. CONSULTANT shall not be
responsible for, and AGENCY shall indemnify, defend and hold harmless CONSULTANT
from and against, any and all claims, demands, suits, actions, proceedings, judgments,
losses, damages, injuries" penalties, costs, expenses (including attorneys' fees) and
liabilities of. by or with respect to third parties, which arise from the AGENCY's negligence.
With respect to any and all claims, demands, suits, actions, proceedings, judgments,
losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and
Page 10
AGREEMENT
PROGRAM MANAGEMENT SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
liabilities of, by or with respect to third parties, which arise from the joint or concurrent
negligence of CONSULTANT and AGENCY, each party shall assume responsibility in
proportion to the degree of its respective fault.
SECTION 19. INSURANCE.
(a) CONSULTANT's liability to the AGENCY for injury or damage to persons or
property arising out of work performed by the Consultant and for which legal liability may
be found to rest upon CONSULTANT other than for professional errors and omissions,
shall be a minimum of $1,000,000. For any damage or injury on account of any error,
omission or other professional negligence, CONSULTANT's liability shall be limited to a
sum not to exceed $50,000 or CONSULTANT's fee, whichever is greater.
(b) The AGENCY will require the CONSULTANT to provide Worker's
Compensation and Comprehensive General Liability Insurance, with coverage sufficient to
insure the CONSULTANT's liability, as above required; and, such insurance shall include
the AGENCY, and each of its officers, agents and employees as additional insured with
exception to additional insured under Worker's Compensation.
(c) CONSULTANT shall provide evidence of insurance with a 10-day notice to
AGENCY of termination or material change.
SECTION 20. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for this
AGREEMENT. AGENCY has an interest in the qualifications of and capability of the
persons and entities that will fulfill the duties and obligations imposed upon CONSULTANT
under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or
transfer any portion of this AGREEMENT or the performance of any of CONSULTANT's
duties or obligations under this AGREEMENT without the prior written consent of the
AGENCY. Any attempted assignment shall be ineffective, null and void, and shall
constitute a material breach of this AGREEMENT entitling AGENCY to any and all
remedies at law or in equity, including summary termination of this AGREEMENT.
SECTION 21. PROJECT STAFF.
AGENCY reserves the right to request that CONSULTANT replace a staff person
assigned to perform services under this AGREEMENT in the event the AGENCY, in its sole
discretion, determines such a replacement is necessary.
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AGREEMENT
PROGRAM MANAGEMENT SERVICES - METROLINK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 22. TERMINATION OF AGREEMENT.
(a) AGENCY may terminate this AGREEMENT, with or without cause, at any time
by giving ninety (90) days written notice of termination to CONSULTANT. In the event such
notice is given, CONSULTANT shall cease immediately all work in progress.
(b) CONSULTANT may terminate this AGREEMENT at any time upon ninety (90)
days written notice of termination to AGENCY.
(c) If either CONSULTANT or AGENCY is in default under this AGREEMENT,
then, in addition to any other remedies, either CONSULTANT, or AGENCY may terminate
this AGREEMENT immediately upon written notice.
(d) Upon termination of this AGREEMENT by either CONSULTANT or AGENCY,
all property belonging to AGENCY, which is in CONSULTANT's possession. shall be
returned to AGENCY. CONSULTANT shall furnish to AGENCY a final invoice for work
performed and expenses incurred by CONSULTANT, prepared as set forth in this
AGREEMENT. This final invoice shall be reviewed and paid in the same manner as set
forth in this AGREEMENT.
SECTION 23. DEFAULT.
If either CONSULTANT or AGENCY fails to perform any material obligation under
this AGREEMENT, the non-breaching party shall notify the breaching party in writing. Within
thirty (30) days of receipt of such written notic-e, the breaching party shall commence curing
such breach and shall diligently pursue such cure to completion. If the breaching party fails
to diligently pursue such cure to completion, the breaching party shall be in default under the
terms of this AGREEMENT. In the event that CONSULTANT is in default, the AGENCY
shall not have any obligation or duty to continue compensating CONSULTANT for any
services performed after the date of default, and AGENCY, without limiting any other legal or
equitable remedies available to it. shall be entitled to withhold from CONSULTANT amounts
unpaid hereunder and to offset such amounts against damages or losses incurred by the
AGENCY. including increased costs of services.
- SECTION 24~ SCHEDULE.
The project shall be completed per the schedule shown in Attachment 3 of this
AGREEMENT.
SECTION 25. EXCUSABLE DELAYS.
CONSULTANT shall not be liable for damages, including liquidated damages, if any,
caused by delay in performance or failure to perform due to causes beyond the control of
CONSULTANT. Such causes include, but are not limited to, acts of God, acts of the public
enemy, acts of federal, state or local governments, court orders, fires, floods, epidemics,
Page 12
AGREEMENT
PROGRAM MANAGEMENT SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
strikes, embargoes, and unusually severe weather. The term and price of this
AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 26. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
prepaid and return receipt requested, addressed as follows:
To AGENCY:
James Funk, Director of Development Services
City of San Bernardino Development Services
Department
300 North D Street
San Bernardino, CA 92418-0001
To CONSULTANT:
Ali Cayir, PE, Principal
Transtech Engineers, Inc.
198 North Arrowhead Avenue, Suite I
San Bernardino, CA 92408
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United
States Postal Service.
SECTION 27. AUTHORITY TO EXECUTE.'"
The person or persons executing this AGREEMENT on behalf of CONSULTANT
warrants and represents that he/she/they has/have the authority to execute this
AGREEMENT on behalf of his/her/their corporation and warrants and represents that
he/she/they has/have the authority to bind CONSULTANT to the performance of its
obligations hereunder.
SECTION 28. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
SECTION 29. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made in
writing and approved by the, CONSULTANT and by the AGENCY. The parties agree that
this requirement for written modifications cannot be waived and that any attempted waiver
shall be void.
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AGREEMENT
PROGRAM MANAGEMENT SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
SECTION 30. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of this
AGREEMENT shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any default of the provisions of this AGREEMENT shall not constitute
a waiver of any other provision, nor a waiver of any subsequent default or violation of any
provision of this AGREEMENT. Acceptance by AGENCY of any work or services by
CONSULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT.
SECTION 31. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the parties, venue in state
trial courts shall lie exclusively in the County of San Bernardino.
SECTION 32. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
provision of this AGREEMENT, the prevailing party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in addition
to any other relief to which it may be entitled. The costs, salaries and expenses of the City
Attorney and members of his office shall be considered as attorney's fees for the purposes
of this section of the Agreement.
SECTION 33. ENTIRE AGREEMENT.
This AGREEMENT, including the attachments listed, is the entire, complete, final and
exclusive expression of the parties with respect to the matters addressed therein and
supersedes all other agreements or understandings, whether oral or written, or entered into
between CONSULTANT and AGENCY prior to the execution of this AGREEMENT. No
statements, representations or other agreements, whether oral or written, made by any party
which are not embodied herein shall be valid and binding. No amendment to this
AGREEMENT shall be valid and binding unless in writing duly executed by the parties or
their authorized representatives.
SECTION 34. SEVERABILITY.
If any term, condition or covenant of this AGREEMENT is declared or determined by
any court of competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be
read and construed without the invalid, void or unenforceable provisions.
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AGREEMENT
PROGRAM MANAGEMENT SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
CONSULTANT
Date:
by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Date:
by:
Judith Valles, Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form and legal content:
James F. Penman, City Attorney
ATTACHMENT 1: SCOPE OF WORK
ATTACHMENT 2: FEE
ATTACHMENT 3: SCHEDULE
AGREEMENT
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PROGRAM MANAGEMENT SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
ATTACHMENT 1 :
SCOPE OF WORK
The scope of services for this project is to provide program management, including, but not
limited to:
. Preparation of all necessary funding documents for the obligation and authorization
of the use of federal funds, and coordination with required agencies to obtain such
a p p rov a I sl a uthorizati 0 n s.
. Preparation of an RFP to solicit proposals from parking structure design architects.
. Assistance to the City in the selection process of the design architect.
· Management of design consultant.
. Technical review of the design plans, including acting as an extension of City
Building Department, building plan check and approval for compliance with the
applicable codes.
· Quality control plan check.
· Value engineering.
· Review of cost estimates.
. Budget and funding control to make sure the project is completed within available
budget with all aspects.
. Preparation of necessary documentation and submittals to obtain necessary
approvals, including environmental (assumed to be a negative declaration without
requiring any studies), PE, Authorization to Advertise, Authorization to Award,
Authorization to Proceed with Construction and Final Report as required on
Federally Funded Projects.
. Enforcement of federal fund requirements.
· Construction management.
. Contract administration. .
· Specialty Inspections.
. Acting as an extension of Building Department, provide necessary building code
inspection.
The following is anticipated tasks that Transtech will provide for various project phases.
I. Federal Fund Obligation and Project Authorization:
. Preparation of all' necessary funding documents for the obligation and
authorization of the use of federal funds, and coordination with required
agencies to obtain such approvals/authorizations.
II. Selection of Design Architect:
. Preparation of an RFP to solicit proposals from parking structure design
architects.
. Assistance to the City in the selection process of the design architect.
III. PS&E:
. Oversight and management of design architect.
. Management of design consultant. Design plans and technical specifications to
be provided by the design architect.
. Technical review of the design plans, including acting as an extension of City
Page 1
ATTACHMENT 1-SCOPE OF WORK
PROGRAM MANAGEMENT SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
Building Department, building plan check and approval for compliance with the
applicable codes.
. Quality control plan check.
· Value engineering.
. Review of cost estimates.
. Budget and funding control to make sure the project is completed within
available budget with all aspects.
. Preparation of administrative section of bid specifications in compliance with
federal fund requirements.
. Preparation of all necessary paper work, including environmental clearances,
federal approval of bid package and approvals of all involved regulatory
agencies to produce a complete PS&E bid package for construction bidding.
. Compilation of complete bid packages.
. Conducting a "Constructability Review" of the plans.
. Assume the responsibility for the plan check of the plans as an extension of the
City's Building Department. The building plan check will be performed by
experienced certified plans examiners.
. During the PS&E phase, hold progress meetings with the City staff, and prepare
and make presentations to the City Council on the project as necessary and as
requested by the City.
IV. Bidding and Advertisement:
. Advertising the project for bids.
. Conducting pre-bid meetings.
. Responding to bidder's questions.
. Preparing and distributing addenda.
. Conducting bid evaluation and analysis.
. Recommending award of contract to lowest responsible and qualified bidder for
construction.
. Coordinating the award and execution of the contract between the City and a
contractor.
. Preparing necessary documentation and submittals to obtain federal approval to
award contract and to proceed with construction.
V. Construction:
. Providing on-site Construction Manager and Quality Control Inspectors to
manage all aspects of the construction.
. Providing building code required inspections. Transtech will be responsible for
the building code required inspections as an extension of the City's Building
Department. The building inspections will be performed by experienced licensed
building inspectors.
. Providing specialty inspections and testing as required by the Building Code.
Transtech will retain qualified sub-consultants for specialty inspections and
testing after the. PS&E is completed, after which the extent of specialty
inspection work will be finalized. The specialty inspections and testing will be
performed by experienced licensed persons/labs.
Page 2
ATTACHMENT 1-SCOPE OF WORK
PROGRAM MANAGEMENT SERVICES. METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
. Maintaining safety. Federal, State and Local laws have established
occupational safety and health standards with which all employers must comply.
. Coordinating performance of required tests. We will use California and/or the
American Society for Testing and Materials (ASTM) as applicable.
. Delivering a final completed project to the City which is in compliance with PS&E
package, and all applicable codes, standards and requirements
. Conducting construction progress meetings with the contractor, City, and other
involved parties. Preparation and distribution of meeting minutes.
. Preparing and distributing all required notices, and responding to complaints and
resolving problems as necessary.
. Developing a master construction schedule, and monitoring and updating
construction schedule.
. Reviewing contractor change order requests, and preparing necessary
documentation for submittal and approval or denial by the City.
. Reviewing contractor pay requests and preparing necessary documentation for
submittal and approval by the City.
. Managing all construction activities and project controls.
. Conducting project walk-through(s) and preparing punch Iist(s).
Maintaining proper project files and documentation. The project file will contain
all data pertinent to the work and to the requirements of the specifications. The
file will be complete, available at a single location, and organized and
maintained in a manner that permits inspection by City and/or any other funding
agency personnel during process reviews or random checks.
. Coordinating close out of the project, obtain necessary operation manuals,
warranties, guarantees and other applicable necessary information.
. Presenting to the City a complete pr-oject close out file.
. Preparation of Final Project report asrequired by federally funded projects.
VI. Federal Fund Management:
. Transtech will be responsible for management, coordination, preparation of
necessary paperwork and reports for approvals, and all aspects of federally
funded project requirements in compliance with federal requirements.
Page 3
ATTACHMENT 1-SCOPE OF WORK
lrans/ech
ATTACHMENT 2-FEE PROPOSAL
ENGINEERS .PLANNERS .MUNICIPAL CONSUL rANTS
198 N. Arrowhead Avenue. Suite I . San Bernardino. California 92408 . Telephone (9,,9\ 383-8579 . Facsimile (909, 595-8863
FEE PROPOSAL SUBMITTED BY TRANSTECH ENGINEERS, INC.
TO PROVIDE PROGRAM MANAGEMENT SERVICES
FOR THE PROPOSED SANTA FE DEPOT PARKING STRUCTURE PROJECT
JULY 11, 2005
Project Major Phase Tasks and Costs Phase
Phases Costs
I. Federal Fund Obligation and Project Authorization $1,000
II. Selection of Design Architect $20,000
III. PS&E $100,000
IV. Bidding and Advertisement $15,000
V. Construction (assume 18 month construction period)
NOTE BY TRANS TECH: FEE IS FOR TOTAL CONSTRUCTION PERIOD, REGARDLESS $200,000
OF THE DURA TlON OF THE ACTUAL FIELD CONSTRUCTION. THERE WILL NOT BE
ANY FEE ADJUSTMENT REGARDLESS OF CONSTRUCTION DURA TlON, EVEN IF THE
DURATION EXTENDS BEYOND 18 MONTHS AND/OR IS LESS THAN 18 MONTHS.
VI. Federal Fund Management $50,000
Overall Project Management and Administration $150,000
Any and all other services and expenditures (including direct
reimbursables) not listed specifically above but would be necessary to
provide complete Program Management services as necessary:
$50,000
NOTE BY TRANS TECH: THE FEE IN THIS CATEGORY INCLUDES OUTSIDE SERVICES
FOR SPECIAL TY INSPECTORS, SOILS, AND WILL INCLUDE CITY REQUIRED 5% DBE
PARTICIPA TION.
Grand Total Program Management Consulting Fee(The total
fee includes costs and expenditures for any and all services
to complete the project. Transtech agrees that the City will $586,000
not accept any change order requests from the Program
Management consultant for increased scope and/or claims
that a service/cost was not part of the scope.)
.
NOTE BY TRANS TECH: TRANSTECH'S PROPOSED FEE OF $586,000 REPRESENTS 9.7% OF A TOTAL
PROJECTBUDGETOF$~OO~OOO.
Iii
. - . . -. - . .
Irans/ech
PROGRAM MANAGEMENT SERVICES - METROLlNK PARKING STRUCTURE AT SANTA FE DEPOT
ATTACHMENT 3:
SCHEDULE
The project is estimated to be completed within 36 months. The following is estimated
major task durations:
TIME IN MONTHS
TASK
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20
City's Authorization to
Proceed
Architect Selection Process
PS&E preparation
Authorization from Caltrans
for PS&E Certification and
Adl.€rtisement
Adl.€rtisement for
Construction Bids
Bid Review, Award,
Authorization from Caltrans
to proceed w/Construction
Pre-construction Prep by
Contractor
CONSTRUCTION
, .
,
, .. J
ATTACHMENT 3-SCHEDULE
Page 1
EXHIBIT "B"
REQUEST FOR
STATEMENT OF QUALlFICA TIONSrrECHNICAL PROPOSALS
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT, INCLUDING
MANAGEMENT OF DESIGN CONSULTANT, REVIEW OF PLANS,
ENFORCEMENT OF FEDERAL AND STATE REQUIREMENTS, FUND MANAGEMENT,
CONSTRUCTION MANAGEMENT, CONTRACT ADMINISTRATION FOR A
PARKING STRUCTURE FOR METROLlNK STATION AT THE SANTA FE DEPOT
LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO.
ISSUED BY:
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES DEPARTMENT
JUNE 13, 2005
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REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROllNK STATION AT THE SANTA FE
DEPOT LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO
TABLE OF CONTENTS
SECTION
1. INTRODUCTION
2. SCOPE OF WORK
3. FEE PROPOSAL SUBMITTAL
4. PROJECT SCHEDULE
5. DISADV ANT AGED BUSINESS ENTERPRISE (DBE) PARTICIPATION
REQUIREMENT
6. KEY PERSONNEL
7. GENERAL TERMS AND CONDITIONS
8. INSURANCE REQUIREMENTS
9. CONSULTANT SELECTION METHODOLOGY
10. CONTRACT TYPE, OVERHEAD RATE AND FEE
11. REQUIRED FORMAT FOR RFQ/RFP SUBMITTAL
12. QUESTIONS REGARDING THIS REQUEST
13. PROPOSAL SUBMITTAL PROTOCOL
14. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFOIRFP
PREPARATION
EXHIBIT 1 - CITY OF SAN BERNARDINO SAMPLE CONTRACT
-1-
.' .
REQUEST FOR STATEMENT OF QUALlFICA nONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLlNK ST A TION AT THE SANTA FE
DEPOT LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO
1. INTRODUCTION
The City of San Bernardino is soliciting Statement of Qualifications and Technical
Proposals (hereinafter referred to as RFQ/RFP) from qualified firms to provide program
management Services for a parking structure for Metrolink station at the Santa Fe
Depot located at 1170 W. Third Street in the City of San Bernardino.
The proposed parking structure is part of the overall Santa Fe Depot District Area
Development Plan. Federal funds in the amount of $6,000,000 have been secured for
the project. The proposed parking structure will be located at the north-east comer of
Mt. Vernon Avenue and 2nd Street, and is proposed to approximately 300 parking
spaces.
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2. SCOPE OF WORK
The scope of services for this project is to provide program management. including, but
not limited to:
. Preparation of all necessary funding documents for the obligation and
authorization of the use of federal funds, and coordination with required agencies
to obtain such approvals/authorizations. The Request for Authorization for
Preliminary Engineering has been submitted to Caltrans by City staff.
. Preparation of an RFP to solicit proposals from parking structure design
-2-
. ,
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROllNK STATION AT THE SANTA FE
DEPOT LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO
architects.
· Assistance to the City in the sel'ection process of the design architect.
· Management of design consultant.
· Technical review of the design plans, including acting as an extension of City
Building Department, building plan check and approval for compliance with the
applicable codes.
· Quality control plan check.
· Value engineering.
· Review of cost estimates.
· Budget and funding control to make sure the project is completed within available
budget with all aspects.
· Preparation of necessary documentation and submittals to obtain necessary
approvals, including environmental, PE, Authorization to Advertise, Authorization
to Award, Authorization to Proceed with Construction and Final Report as
required on Federally Funded Projects.
· Enforcement of federal fund requirements.
· Construction management.
· Contract administration.
· Specialty Inspections.
· Acting as an extension of Building Department, necessary building code
inspection.
The following is anticipated tasks for various project phases.
I. Federal Fund Obligation and Project.Authorization:
· Preparation of all necessary funding documents for the obligation and
authorization of the use of federal funds, and coordination with required
agencies to obtain such approvals/authorizations.
II. Selection of Design Architect:
· Preparation of an RFP to solicit proposals from parking structure design
architects.
· Assistance to the City.in the selection process of the design architect.
III. PS&E:
· Oversight and management of design architect.
· Management of design consultant. Design plans and technical specifications
to be provided by the design architect.
· Technical review of the design plans, including acting as an extension of City
Building Department, building plan check and approval for compliance with
the applicable codes.
· Quality control plan check.
· Value engineering.
· Review of cost estimates.
· Budget and funding control to make sure the project is completed within
available budget with all aspects.
- 3.
, ,
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLlNK STATION AT THE SANTA FE
DEPOT LOCATED AT 1170 W THIRD STREET IN THE CiTY OF SAN BERNARDINO
· Preparation of administrative section of bid specifications in compliance with
federal fund requirements.
· Preparation of all necessary paper work, including environmental clearances,
federal approval of bid package and approvals of all involved regulatory
agencies to produce a complete PS&E bid package for construction bidding.
· Compilation of complete bid packages.
· Conducting a "Constructability Review" of the plans.
· The consultant shall be responsible for the plan check of the plans as an
extension of the City's Building Department. The building plan check shall be
performed by experienced certified plans examiners, who are not employed
by the architectural consultant that will design the building.
· During the PS&E phase the consultant shall hold monthly progress meetings
with the City staff, and prepare and make at least 2 presentations to the City
Council on the project. The consultant shall also prepare Council staff report
and present to the City Council the completed PS&E Bid package and
request to advertise for construction bids.
IV. Bidding and Advertisement:
· Advertising the project for bids.
· Conducting pre-bid meetings.
· Responding to bidder's questions.
· Preparing and distributing addenda.
· Conducting bid evaluation and analysis.
· Recommending award of contract to lowest responsive bidder.
· Preparing Council staff report and presenting to the City Council the
recommended lowest responsible and qualified bidder for the construction.
· Coordinating the award and execution of the contract between the City and a
contractor.
· Preparing necessary documentation and submittals to obtain federal approval
to award contract and to proceed with construction.
V. Construction (a 12 month field construction period shall be assumed):
· Providing on-site Construction Manager and Quality Control Inspectors to
manage all aspects of the construction. .
· Providing building code. required inspections. The consultant shall be
responsible for the building code required inspections as an extension of the
City's Building Department. The building inspections shall be performed by
experienced licensed building inspectors.
· Providing specialty inspections and testing as required by the Building Code.
The consultant shall be responsible for all specialty inspections and testing.
The specialty inspections and testing shall be performed by experienced
licensed persons/labs.
· Delivering a final yompleted project to the City which is in compliance with
PS&E package, and all applicable codes, standards and requirements
· Conducting a weekly construction meeting with the contractor, City, and other
involved parties. Preparation and distribution of meeting minutes.
.4.
, .
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLlNK STATION AT THE SANTA FE
DEPOT LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO
. Preparing and distributing all required notices. and responding to complaints
and resolving problems as necessary.
. Developing a master construction schedule, and monitoring and updating
construction schedule.
. Reviewing contractor change order requests, and preparing necessary
documentation for submittal and approval or denial by the City.
. Reviewing contractor pay requests and preparing necessary documentation
for submittal and approval by the City.
. Managing all construction activities and project controls.
. Managing contract cost accounting system.
. Conducting project walk-through(s) and preparing punch list(s).
. Ensuring the project is implemented per the approved set of plans, and
preparing as-built drawings at the completion of construction.
. Maintaining proper project files and documentation.
. Coordinating close out of the project, obtain necessary operation manuals,
warranties, guarantees and other applicable necessary information.
. Presenting to the City a complete project close out file.
. Preparation of Final Project report as required by federally funded projects.
VI. Federal Fund Management:
. The consultant shall be responsible for management, coordination,
preparation of necessary paperwork and reports for approvals, and all
aspects of federally funded project requirements in compliance with federal
requirements.
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In summary, the consultant shall be responsible for all aspects of the project and
deliver a complete project to the City witnin available budget and required time
schedule. The Program Management consultant shall account for any and all
services, costs and expenditures to complete the project (except the design
services for which an architect will be hired). The City will not accept any change
order requests from the Program Management consultant for increased scope
and/or claims that a service/cost was not part of the scope.
.5.
, .
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLlNK STATION AT THE SANTA FE
DEPOT LOCATED AT 1170 W THIRD STREET IN THE CITY OF SAN BERNARDINO
3. FEE PROPOSAL SUBMITTAL
The Fee Proposal shall be submitted in a separate sealed envelope. The fee shall be
broken in major project components as shown below. For each component. the
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consultant shall orovide a reakdown 0 tasks, staff and hours in detail.
Project Major Phase Tasks and Costs Phase
Phases Costs
I. Federal Fund Obligation and Project Authorization $
II. Selection of Design Architect $
III. PS&E $
IV. Bidding and Advertisement $
IV
V. Construction (assume l8 month construction period) $
VI. Federal Fund Management $
Overall Project Management and Administration $
Any and all other services and expenditures (including direct reimbursables) not
listed specifically above but would be necessary to provide complete Program $
Management services as necessary: ..
Grand Total Program Management Consulting Fee (The total fee shall include
I costs and expenditures for any and all services to complete the project. The City
will not accept any change order requests from the Program Management $
I consultant for increased scope and/or claims that a service/cost was not part of
the scope.)
~ PROJECT SCHEDULE
Task
Be in advertisement for RFQ/RFP
RFQ/RFP are due at the Cit
Selection of shortlisted consultants
Interview of short listed consultants
Selection of most ualifjed consultant
Pre-award Audit of Consultant
Award of contract to selected consultant
Notice to Proceed
-6-
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLlNK ST A nON AT THE SANTA FE
DEPOT LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO
5.
DISADVANTAGED BUSINESS
PARTICIPATION REQUIREMENT
ENTERPRISE
(DBE)
PROGRAM
The City of San Bernardino is committed to fulfilling the spirit and intent of the
Disadvantaged Business Enterprise (DBE) Program regulations published under Title
49 CFR Part 26; Participation by Disadvantaged Business Enterprises in Department of
Transportation Programs. It is the policy of the City of San Bernardino to ensure that
disadvantaged business enterprises have equitable access to participate in all federally
funded projects. Further, it is the policy of the City of San Bernardino to promote equal
opportunity and nondiscrimination on the basis of race, color, sex, or national origin in
the award and/or performance of any federally funded , or in the administration of its
DBE program or the requirements of 49 CFR Part 26.
The City of San Bernardino has established a goal of 5% for DBE participation on this
procurement. As it is recognized that DBE participation cannot be accurately
determined until the scope has been finalized and the contracting parties have
concluded negotiations, the award of the contract will be conditional upon the firm's
ability to meet the established DBE participation goals at the conclusion of contract
negotiations. If, after the conclusion of negotiations, the firm is unable to meet the DBE
participation goal, or provide a showing of Good Faith Efforts to do so, the negotiations
will be terminated and the City will seek a contract with the next qualified firm.
6. KEY PERSONNEL
It is imperative that the key personnel providing the consulting services have the
background, experience, and qualifications to- complete the project. The City reserves
the right to approve all key personnel individually for work on this contract. All key staff
shall be named in the contract. After the contract is signed, the proposer may not
replace key staff unless their employment is terminated or agreed upon by the City.
The City must approve replacement staff before a substitute person is assigned to the
Project. The City reserves the right to request that the proposer replace a staff person
assigned to the contract should the City consider such a replacement to be-for the good
of the project. .
7. GENERAL TERMS AND CONDITIONS
Exhibit 1 contains a copy of the anticipated contract the selected consultant will be
required to sign for this project. Each prospective consultant is expected to review the
general terms and conditions and acknowledge their acceptance of Exhibit 1 (or their
objections to specific parts of Exhibit 1) as a mechanism to expedite the contract
negotiation process.
.7.
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICESJOR A PARKING STRUCTURE FOR METROLlNK ST A TION AT THE SANTA FE
DEPOT LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO
8. INSURANCE REQUIREMENTS
The Consultant will be required to maintain in force at all times during the performance
of their work the following policy or policies of insurance covering its operations:
a. Comprehensive General Liability. including contractual liability, products and
completed operations and business automobile liability, all of which will include
coverage for both bodily injury and property damage with a combined single limit
of 2,000,000. The City shall be named as "additional insured" on all policies
required to be furnished.
b. Professional liability coverage with limits not less than 2.000,000 per occurrence
and $4,000,000 aggregate.
c. Workers' Compensation coverage at statutory limits.
d. The consultant shall assume liability for the wrongful or negligent acts, errors and
omissions of its officers, agents and employees and subcontractors. and have
adequate insurance to cover such negligent acts. errors and omissions with limits
of 2.000.000 dollars.
9. CONSULTANT SELECTION METHODOLOGY
Upon receipt of Proposals, City's consultant selection committee will rank the
responding consultants and develop a short_ list of qualified consultants to invite for
interviews. The final ranking of consultants will be based on the interviews. The City
will negotiate final scope and fee with the most qualified consultant.
The proposals will be evaluated based upon several factors. These factors include the
format, organization. and presentation of the proposal. the qualification and experienee
of the project staff, and the experience in the processes and procedures of the involved
regulations. -
The following is the process that wfll be used for consultant selection:
RECEIVE/EVALUATE STATEMENTS OF QUALIFICATIONS AND DEVELOP SHORT LIST
As a first step in the evaluation process, it will be determined that each proposal contains all forms and
other information required by the RFQ. Submittals may be considered non-responsive if all required
information is not provided and rejected without evaluation. Late submittals. submittals to the wrong
location and submittals with inadequate copies are considered non-responsive and will be rejected.
Submittal of additional information after the due date will not be allowed.
The Consultant Selection Committee will review the submitted Statements of Qualifications according to
the published evaluation criteria and weighting factors. The committee will make an independent random
check of one or more of the consultant's references. This check will also apply to major subconsultants.
The committee will establish a short list of consultants which are determined to be best qualified to
perform the contract work. The short list will include enough qualified consultants to ensure that at least
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REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROllNK STATION AT THE SANTA FE
DEPOT lOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO
three consultants are interviewed.
The following Criteria will be used for Written Proposal Evaluation:
1. Familiarity with Federally Funded Project Process.
2. Experience in working as an extension of City staff and providing turn-key
services in the capacity of Consultant City Engineer with minimal direction from
City staff.
3. Local knowledge, familiarity and prior experience with involved agencies.
4. References and performance records on similar projects and/or undertakings,
with emphasis on project cost and schedule control.
5. Completeness of the Proposal and compliance with the required format.
Total possible score
20 Points
20 Points
20 Points
20 Points
20 Points
100 Points
Each member will then rank the consultants by their respective 'proposal score." The selection panel will
convene to discuss and evaluate scoring, and to select a short list of the top-ranked consultant teams
based upon the rankings (not scores) of the proposing firms.
NOTIFY CONSULTANTS OF SHORT LIST
All consultants that submitted a Statement of Qualifications will be notified of the results of the review.
The notification will identify only those consultants that are to be requested to attend an interview.
INTERVIEW TOP.RANKED CONSULTANTS
Short-listed firms will be invited to respond to questions about their proposals at an oral interview.
Presenters will be expected to participate in the interview to a degree commensurate with their role in the
firm's proposal. Notification to the short-listed firms will include a time limit for their presentation after
which the selection panel will evaluate each presentation using a 1 DO-point scale and the following
evaluation criteria to calculate an "oral-interview score" for each short-listed firm.
The following Criteria will be used for Oral Presentation Evaluation:
1. Demonstration of Project Manager's knowledge in Federally Funded Project
Process.
2. Experience of Project Manager functioning as extension of City staff.
3. Demonstration of Project Manager's local knowledge, familiarity and prior
experience with involved agencies.
4. Project Manager's experience in managing similar projects and oral
communication and interpersonal skills.
5. Team's responses to interview questions.
Total possible score
20 Points
20 Points
20 Points
20 Points
20 Points
100 Points
DEVELOP FINAL RANKING AND NOTIFY CONSULTANTS OF RESULTS
After the oral interviews are complete, each selection panel member will rank the consultants' by their
respective "oral-interview score" (scores and rankings from the written evaluations are not considered).
The selection panel will determine the highest qualified firm based on the rankings (not scores) of the oral
interviews. The Department Director will submit the recommendation of the selection panel to the City
Council for approval.
.. 9-
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLlNK ST A nON AT THE SANTA FE
DEPOT LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO
10. CONTRACT TYPE, OVERHEAD RATE AND FEE
The Fee for this contract will be based on an hourly rate (which include overhead and a
fee limited to 10%) with a not-to-exceed target for each task subject to an overall
contract cap. Eligible Reimbursable and Subconsultant costs will be reimbursed at cost
without markup. Proof of the prime consultant's audited overhead rate and its contents
must be provided during the contract negotiation period. A pre-award audit as required
on Federally Funded Projects will be conducted prior to contract award. Proof of
overhead rate, or an accepted provisional rate for the prime, would be required in
addition to compliance with Generally Accepted Accounting Principles (GAAP), all
applicable provisions of federal, state, and local laws, statues, ordinances, rules,
regulations, and procedural requirements including Federal Acquisition Regulations
(FAR).
Any contract resulting from this RFQ/RFP will be awarded to a firm whose Technical
Proposal and Statement of Qualifications meet the technical requirements of the RFP
and is evaluated as one of the three highest ranked proposals. Proposals will be
ranked in accordance with the evaluation criteria stated in this RFQ/RFP. Negotiations
regarding a fair and reasonable price will occur subsequent to consultant selection.
Should the CitY be unable to obtain a fair and reasonable price through negotiations
with the highest qualified proposer, the City shall enter into negotiations with the next
highest qualified proposer and may award that contract if the parties are able to arrive at
a fair and reasonable price. If that is unattainable, the City shall enter into negotiations
with the next highest qualified proposer in sequence until an agreement is reached.
11. REQUIRED FORMAT FOR RFQ/RFP SUBMITTAL
The Technical Proposal and Statement of Qualifications, not including the Appendices,
shall not exceed 60 pages in length, utilizing 8.5" x 11" pages with one-inch margins.
Font size shall be not smaller than 12 point for text and a minimum of 8 point for
graphics. Dividers used to separate sections would not be counted as part of the 60
page limit. :
Please submit your proposal in the format specified below:
Cover Letter
This should be a summary emphasizing the strong points of the project team and the
firm's experience. It should be brief (three pages maximum) and include the name,
address, telephone number, title, and signature of the firm's contact person for this
procurement. The signatory shall be a person with the official authority to bind the
company. The cover letter shall state that the submittal is valid for 120 days, and shall
contain an acknowledgment of receipt of all amendments and/or addenda to the
RFQ/RFP. .
-10.
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROllNK STATION AT THE SANTA FE
DEPOT LOCATED AT 1170 W THIRD STREET IN THE CITY OF SAN BERNARDINO
Table of Contents
Include contents of proposal.
Section 1: Approach and Scope of Work
Provide your understanding of the project, approach, quality control, value
engineering and scope of work.
Section 2: Project Team, Key Personnel and Resumes
Provide an organization chart showing the names and responsibilities of key
personnel.
Provide resumes of all key personnel identified in the organization chart.
Section 3: Relevant Experience and References
Provide minimum 3 maximum 5 public agency references for similar projects.
Provide a brief summary of each referenced project, your firm's role and
responsibilities, start and completion date of your services, engineer's estimate,
and final construction cost. If your services were not completed within the
approved schedule and/or the final construction cost was different than the
engineer's estimate, explain the reasons.
Section 4: Firm's Qualifications and Experience
Provide a summary of firm's service capabilities, qualifications and experience.
12. QUESTIONS REGARDING THIS REQ.lJEST
All inquiries and responses to this RFQ/RFP must be submitted in writing to:
Mr. Michael W. Grubbs, Engineering Manager/Field Engineer
Development Services Department
City Hall, 3'd Floor
City of San Bernardino .
300 North D Street
San Bernardino, CA 92418. .
. 11 .
REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS
TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLlNK STATION AT THE SANTA FE
DEPOT LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO
13. PROPOSAL SUBMITTAL PROTOCOL
In order to be considered in the selection process, interested parties shall submit ten
(10) copies of their Statement of Qualifications and Technical Proposals no later than
4:00 PM, July 11, 2005 to:
Mr. Michael W. Grubbs, P. E. Engineering Manager/Field Engineer
Development Services Department
City Hall, 3rd Floor
City of San Bernardino
300 North D Street
San Bernardino, CA 92418
Late proposals will not be accepted.
14. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFQ/RFP
PREPARATION
The City of San Bernardino shall not be liable for any pre-contractual expenses incurred
by any proposer or by any selected consultant. Each proposer shall protect, defend.
indemnify, and hold harmless the City of San Bernardino from any and all liability,
claims. or expenses whosoever incurred by, or on behalf of, the entity participating in
the preparation of its response to this RFQ/RFP. Pre-contractual expenses are defined
as expenses incurred by proposers and the-selected consultant, if any, in:
. Preparing and submitting information in response to this RFQ/RFP
. Negotiations with the City of San Bernardino on any matter related to this
procurement
. Costs associated with interviews, meetings, travel or presentations
. All other expenses incurred by a proposer/consultant prior to the date of award
and a formal notice to proceed.
The City reserves the right to amend, withdraw and cancel this RFQ/RFP. The City
reserves the right to reject all responses to this request at any time prior to contract
execution. The City reserves the right to request or obtain additional information about
any and all proposals.
.12.
EXHIBIT 1
CITY OF SAN BERNARDINO SAMPLE CONTRACT
AGREEMENT
FOR PROGRAM MANAGEMENT SERVICES
BY AND BETWEEN
AND
CITY OF
This AGREEMENT FOR SERVICES BY AND BETWEEN
CITY OF (AGENCY) and
(CONSULTANT), is made and entered into effective as of the _th day of
20_, by and between the AGENCY and the CONSULTANT.
SECTION 1. TERM OF AGREEMENT.
Subject to the provisions of SECTION 22 "TERMINATION OF AGREEMENT" of
this AGREEMENT, the term of this AGREEMENT shall be for a period of
months from the effective date of this AGREEMENT, as first shown above. Such term
may be extended upon written agreement of both parties to this AGREEMENT.
SECTION 2. SUBCONTRACTORS.
'-".
CONSUL TANT shall perform the services contemplated under this AGREEMENT
using the resources available within its own organization and any subcontractors that
have been authorized, in writing, by the AGENCY. Any substitution of subcontractors
must be approved, in writing, by the AGENCY. Any subcontract with a value in excess of
TWENTY-FIVE THOUSAND DOLLARS ($25,000) that is executed by CONSULTANT in
connection with this AGREEMENT shall contain all of the provisions of this AGREEMENT
that are stipulated herein to b~ applicable to subcontractors.
SECTION 3. SCOPE OF SERVICES.
CONSUL TANT agrees to perform the services set forth in Section of
CONSUL TANT's Proposal to the AGENCY dated
SECTION 4. ADDITIONAL SERVICES.
CONSULTANT shall' not be compensated for any services rendered in connection
with its performance of this AGREEMENT which are in addition to or outside of those
described in SECTION 3 above, unless such additional services are authorized in
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
Page 1
advance and in writing by the AGENCY. CONSULTANT shall be compensated for any
such additional authorized services in the amounts and in the manner agreed to in writing
by the AGENCY.
SECTION 5. COMPENSATION AND METHOD OF PAYMENT.
(a) CONSULTANT. Shall be compensated in the manner and amounts
specified in Section of CONSULTANT's Proposal to the AGENCY dated
The total compensation due CONSULTANT shall not exceed the amount set forth in the
budget contained in CONSULTANT's Proposal unless additional compensation has
been approved in writing in advance by the AGENCY. Notwithstanding the established
not-to-exceed budget. CONSULTANT shall incur only such costs as are reasonable and
necessary and in the best interests of the AGENCY. If, at any time, CONSULTANT
estimates the cost of performing the services described in CONSULTANT's Proposal
will exceed the budget for such services including approved additional compensation,
CONSULTANT shall notify the AGENCY immediately in writing indicating the additional
amount necessary to complete the services. Any cost incurred by CONSULTANT in
excess of the aforesaid limitation without the express written consent of the AGENCY
shall be at CONSULTANT's own risk.
(b) As soon as practical after the first day of each calendar month,
CONSULTANT shall furnish to AGENCY an original invoice. The invoice shall identify
all compensation due CONSULTANT by AGENCY and shall be in accord with
CONSULTANT's Proposal. AGENCY shall use its best efforts. to pay the amount
invoiced in full within thirty (30) days after receipt of invoice.
(c) AGENCY shall independently review each invoice submitted by the
CONSUL T ANT to determine if said invoice is in compliance with all provisions of this
AGREEMENT. All CONSULTANT costs and expenses and any subcontractor costs
and expenses must be in accord with the Contract Cost Principles and Procedures of
the Federal Acquisition Regulation, 48 CFR Part 31 'et seq. (the FAR), Uniform
Administrative Requirements for Grants and Cooperative' Agreements ~o State and
Local Governments, 49 CFR Part 18, the 1997 Contractor Cost Guideline's of the Los
Angeles County Metropolitan Transportation Authority (the MTA), the travel and
subsistence rates authorized under California Department of Personnel Administration
Rules, and the MT A's Proposition A & C Local Return Guidelines. Any costs and
expenses for which payment has been made to CONSULTANT and/or CONSULTANT's
subcontractors that are determined by subsequent audit to be unallowable are subject
to repayment by CONSULTANT and/or CONSULTANT's subcontractors to AGENCY.
The eligibility requirements for subcontractor cost and expenses, as described in this
SECTION 5(c), must be contained in all subcontracts of CONSULTANT. Further, all
subcontracts of CONSULTANT must include a provision mandating reimbursement of
AGENCY for any costs for which payment has been made that are determined to be
unallowable by subsequent audit.
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(d) In the event AGENCY disputes any costs or expenses in any invoice,
AGENCY shall notify CONSUL TANTwlthin thirty (30) days of receipt by AGENCY of said
invoice. AGENCY shall process the undisputed portion of said invoice. CONSULTANT
shall correct and resubmit any properly disputed portions of said invoice.
(e) Payment to CONSUL TANT for services performed pursuant to this
AGREEMENT shall not be deemed to waive any deficiencies in services performed by
CONSUL TANT.
(f) The AGENCY will apply five percent (5%) retention to all payments made
under this AGREEMENT. The AGENCY will make payment of all CONSULTANT
retained funds, less any disallowance, no more than ninety (90) days after the issuance
of the AGENCY's final audit report of CONSULTANT. In lieu of said retention,
CONSULTANT may establish, at CONSULTANT's own cost, an escrow account that
will bear interest for the benefit of CONSULTANT, to accept the deposit of those monies
that otherwise would have been retained. Monies deposited to the escrow account will
be released to CONSULTANT after the issuance of the AGENCY's final audit report of
CONSULTANT
(e) CONSULTANT agrees to make payment to its subcontractors for work that
is satisfactorily performed no later than fifteen (15) calendar days after CONSULTANT
receives payment from AGENCY for the work of CONSUL T ANT's subcontractors.
SECTION 6. DEFICIENT SERVICES.
CONSUL TANT represents and warrants that it has the qualifications, experience
and facilities necessary to properly perform the services required under this
AGREEMENT. CONSULTANT shall at all times competently, and, consistent with its
ability, experience and talents, perform all services described herein. In meeting its
obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum,
generally accepted standards and practices utilized by consulting firms engaged in
providing services similar to those required of CONSULTANT under this AGREEMENT.
AGENCY may disapprove services that do not conform to these standards and practices
and may withhold or deny compensation for deficient services. Upon disapproval of
services by AGENCY, CONSULTANT shall immediately reperform, at its own costs, the
services that are deficient. AGENCY must notify CONSULTANT in writing of the
existence of such deficient services within a reasonable time, not to exceed sixty (60)
days after its discovery thereof, but in no event later than one (1) year after the
completion of such deficient services. No approval, disapproval, or omission to provide
approval or disapproval shall release CONSULTANT from any responsibility under this
AGREEMENT.
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SECTION 7. OWNERSHIP OF DOCUMENTS.
All original maps, models, designs, drawings, photographs, studies, surveys,
reports, data, notes, computer files, files and other documents prepared, developed or
discovered by CONSULTANT in the course of providing any services pursuant to this
AGREEMENT shall be the sole property of AGENCY and may be used, reused or
otherwise disposed of by AGENCY without the permission of the CONSULTANT. Upon
satisfactory completion of, or in the event of expiration, termination, suspension, or
abandonment of this AGREEMENT, CONSULTANT shall turn over to AGENCY all such
maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes,
computer files, files and other documents which CONSULTANT may have temporarily
retained for use by CONSULTANT staft. With respect to computer files, CONSULTANT
shall make available to the AGENCY, upon reasonable written request by the AGENCY,
the necessary computer software and hardware for purposes of accessing, compiling,
transferring and printing computer files.
SECTION 8. CONSULTANT'S BOOKS AND RECORDS.
(a) CONSULTANT shall maintain any and all documents and records
demonstrating or relating to CONSULTANT's performance of services pursuant to this
AGREEMENT. CONSUL TANT shall maintain any and all ledgers, books of account,
invoices, vouchers, canceled checks, or other documents or records evidencing or
relating to work, services, expenditures and disbursements charged to AGENCY pursuant
to this AGREEMENT. Any and all such documents or records shall be maintained in
accordance with generally accepted accoonting principles and shall be sufficiently
complete and detailed so as to permit an accurate evaluation of the services provided by
CONSUL TANT pursuant to this AGREEMENT. Any and all such documents or records
shall be maintained for not less than four years from the date of final payment made in
accordance with this AGREEMENT and to the extent required by laws relating to audits of
public agencies and their expenditures.
(b) Any and all records or documents required to be maintained pursuant to
this SECTION 8 shall be made available for inspection, audit and copying~ at any. time
during regular business hours, upon written request. by AGENCY or its designated
representatives or representatives of any governmental entity, including the Federal
Highway Administration and Caltrans, that is providing funding for the Project, if a
portion of such funding is used to compensate CONSULTANT hereunder. Copies of
such documents or records shall be provided directly to the AGENCY for inspection, audit
and copying when it is practical to do so; otherwise, unless an alternative is mutually
agreed upon, such documents and records shall be made available at CONSULTANT's
address indicated for receipt of notices in this AGREEMENT.
,
(c) Where AGENCY has reason to believe that any of the documents or
records required to be maintained pursuant to this SECTION 8 may be lost or discarded
due to dissolution or termination of CONSULTANT's business, AGENCY may, by written
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
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request, require that custody of such documents or records be given to the requesting
party and that such documents and records be maintained by the requesting party.
Access to such documents and records shall be granted to AGENCY, as well as to its
successors-in-interest and authorized representatives.
SECTION 9. STATUS OF CONSULTANT.
(a) CONSULTANT is and shall at all times remain a wholly independent
CONSUL TANT and not an officer, employee or agent of AGENCY. CONSULTANT shall
have no authority to bind AGENCY in any manner, nor to incur any obligation, debt or
liability of any kind on behalf of or against AGENCY, whether by contract or otherwise,
unless such authority is expressly conferred under this AGREEMENT or is otherwise
expressly conferred in writing by AGENCY.
(b) The personnel performing the services under this AGREEMENT on behalf
of CONSULTANT shall at all times be under CONSULTANT's exclusive direction and
control. Neither AGENCY, nor any elected or appointed boards, officers, officials,
employees or agents of AGENCY, shall have control over the conduct of CONSULTANT
or any of CONSULTANT's officers, employees or agents, except as set forth in this
AGREEMENT. CONSULTANT shall not at any time or in any manner represent that
CONSULTANT or any of CONSULTANT's officers, employees or agents are in any
manner officials, officers, employees or agents of AGENCY.
(c) Neither CONSULTANT, nor any of CONSULTANT's officers, employees or
agents, shall obtain any rights to retirementfiealth care or any other benefits which may
otherwise accrue to AGENCY's employees. CONSULTANT expressly waives any claim
CONSULTANT may have to any such rights.
SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS, LICENSES.
CONSUL TANT shall keep itself informed of and comply with all applicable federal,
state and local laws, statutes, codes, ordinances, regulations and rules in-effect during
_the term of this AGREEMENT. CONSULTANT shall obtain any and all licenses, permits
and authorizations necessary to perform the services set forth in this AGREEMENT.
Neither AGENCY, nor any elected or appointed boards, officers, officials, employees or
agents of AGENCY, shall be liable, at law or in equity, as a result of any failure of
CONSULTANT to comply with this SECTION 10.
SECTION 11. DISADVANTAGED BUSINESS ENTERPRISES.
(a) During the term of this AGREEMENT, CONSULTANT shall make good
faith efforts to ensure that Disadvantaged Business Enterprises (DBEs) have the
maximum opportunity to successfully participate in the work under this AGREEMENT
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
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and that CONSULTANT meets the DBE goal(s) specifically identified in Section _ of
CONSUL TANT's Proposal to the AGENCY. For the purposes of this SECTION 11, a
good faith effort to ensure DBEs have the maximum opportunity to participate in work
under this AGREEMENT shall include but not be limited to the following:
(1) Negotiating in good faith to attempt to finalize and execute
subcontract agreements with all DBEs that have been proposed to
AGENCY by CONSULTANT;
(2) Utilizing DBE suppliers and DBE subcontractors, where possible,
and documenting all efforts to do so;
(3) Providing assistance to DBE subcontractors or suppliers in
obtaining required bonding and lines of credit;
(4) Notifying a DBE in writing of any potential problem and attempting
to resolve the problem prior to formally requesting AGENCY approval to
substitute for the DBE.
(5) Making timely payment of all monies due and owing to DBE
subcontractors and suppliers, see Section 5, part (g); and
(6) Alerting AGENCY in a timely manner of any problems anticipated in
attaining CONSULTANT's DBE participation goal(s)
(b) If CONSULTANT seeks approval from the AGENCY for the substitution of
DBE subcontractors or suppliers, CONSULTANT shall use good faith efforts to
substitute other DBE subcontractors or suppliers.
(c) Changes to this AGREEMENT that increase or decrease DBE participation
shall be appropriately reflected in all reports to AGENCY that describe DBE participation
in the Project.
-
(d) Participation by DBE subcontractors and suppliers in the Project shall be
documented by CONSULTANT through submittal to AGENCY of a completed "LIST OF
PROPOSED SUBCONTRACTORS", an uncompleted copy of which is set forth in
EXHIBIT A. Subcontractors and suppliers that are not DBEs must also be included in the
submittal of this form.
(e) CONSUL TANT shall submit to AGENCY a copy of each executed DBE
agreement within ten (10) working days after the execution of each agreement.
(f) CONSUL TANT shall submit monthly progress reports to AGENCY by the
15th of every month during the term of the AGREEMENT. CONSULTANT progress
reports shall be in the form of EXHIBIT B "MONTHLY DBE SUBCONTRACTORS PAID
REPORT SUMMARY". AGENCY will review CONSULTANT's progress report to ensure
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
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that CONSULTANT's use of DBE subcontractors and suppliers is consistent with
CONSULTANT's DBE goal(s) in this AGREEMENT.
(g) All subcontractors and suppliers that are to be counted by CONSULTANT
toward the achievement of CONSULTANT's DBE goal must be certified. .CONSUL T ANT
is responsible for verifying and monitoring the certificate status of its DBE subcontractors
. and suppliers. AGENCY is not a DBE certifying agency. AGENCY will accept DBE
certification by Caltrans, or other organizations that certify the eligibility of DBEs in
accordance with 49 CFR 26.
(h ) CONSULTANT and AGENCY agree that a failure by CONSULTANT to
achieve any DBE goal established for this AGREEMENT will have a material, adverse
effect upon the overall DBE Plan for the Project. CONSULTANTs failure to meet a DBE
goal may require that AGENCY modify its DBE Plan and/or seek additional DBE
participation in other segments of the Project. CONSULTANT and AGENCY
acknowledge the difficulty associated with accurately calculating the damages that would
be incurred by AGENCY should CONSULTANT fail to meet a DBE goal. Accordingly, as
a fair measure of said damages, CONSULTANT and AGENCY both agree that
CONSUL TANT, as liquidated damages, shall have its compensation reduced by an
amount equal to DOLLARS ($ .00) for every one percent (1%) or
portion of one percent that CONSULTANT fails to meet any DBE goal for the Project.
However, CONSULTANT shall not be subjected to liquidated damages if
CONSULTANT's failure to meet a DBE goal is the result of circumstances beyond the
control of CONSULTANT and if CONSULTANT makes a good faith effort to achieve the
DBE goal in spite of the circumstances beyond its control.
-'.
(i) For purposes of this SECTION 11 , a good faith effort to achieve the DBE
goal may be demonstrated by CONSULTANT through one or more of the following:
(1) Planning to use DBE subcontractors and suppliers to a greater
degree than that needed to achieve any DBE goal established for this
AGREEMENT;
(2) Actively soliciting substitute DBE subcontractors and suppliers to
replace DBE organizations that are unable to participate in the ProjeCt in
spite of the initial agreement of said DBE organizations to undertake work
for the Project;
(3) Providing additional work to existing Project DBE subcontractors
should changes in CONSULTANT's Incremental Scopes of Services
eliminate or reduce work assignments planned for DBE subcontractors.
U) CONSUL TANT must carefully record CONSULTANTs good faith efforts to
achieve the DBE goal and must share said records with AGENCY if requested to do so.
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SECTION 12. FAIR EMPLOYMENT PRACTICES.
(a) In the performance of this AGREEMENT, CONSULTANT will not
discriminate against any employee because of race, color, sex, religion, national
origin, age, ancestry, pregnancy, disability, sexual orientation, medical condition or
marital status and shall comply with the provisions of the State Fair Employment
Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code;
the Federal Civil Rights Act of 1964, and all amendments thereto; Executive Order
No. 11246; and all administrative rules and regulations issued pursuant to such acts
and order. CONSULTANT will take affirmative action to ensure that employees are
treated during employment without regard to their race, sex, actual or perceived
sexual orientation, color, religion, ancestry, or national origin. Such action shall
include, but not be limited to, the following: employment, upgrading, demotion or
transfer; recruitment or recruitment advertising; layoff or termination; rates of payor
other forms of compensation; and selection for training, including apprenticeship.
. CONSULTANT shall post in conspicuous places, available to employees for
employment, notices provided by state and federal agencies regarding fair
employment practices.
(b) CONSUL TANT will permit access to the records of employment,
employment advertisements, application forms, and other pertinent data and records
by representatives of any agency designated by the State of California to investigate or
ascertain compliance with this SECTION 12 of this AGREEMENT.
(c) Remedies for willful violation:
(1) The AGENCY may determine a willful violation of the fair
employment provision of this AGREEMENT to have occurred upon
receipt of a final judgment to that effect from a court in an action to which
CONSULTANT was a party, or upon receipt of a written notice form the
Fair Employment and Housing Commission that it has investigated and
determined that CONSULTANT has violated the Fair Employment
Practices Act and had issued an order under Labor Code Section 1426
which has become final or has obtained an injunction under Labor Code
Section 1429.
(2) For willful violation of the fair employment provision of this
AGREEMENT, the AGENCY shall have the right to terminate this
AGREEMENT, either in whole or in part, and any loss or damage sustained
by AGENCY in securing the goods or services described herein shall be
borne by and paid for by CONSULTANT and AGENCY may deduct from
any moneys due or that thereafter may become due to CONSULTANT, the
difference between the price named in the AGREEMENT and the actual
cost thereof to AGENCY to cure CONSULTANT's breach of this
AGREEMENT
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SECTION 13. NONDISCRIMINATION ASSURANCES.
.
(a) CONSUL TANT hereby agrees that it will comply with Title VI of the Civil
Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d 0 42 U.S.C. 2000d-4 (the =:ACr,=),
and all requirements imposed by or pursuant to Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
[Nondiscrimination in Federally-Assisted Programs of the Department of Transportation
[] Effectuation of Title VI of the Civil Rights Act of 19640 (the OREGULATIONSO), the
Federal-Aid Highway Act of 1973, and other pertinent directives, to the end that in
accordance with the ACT, REGULATIONS, and other pertinent directives, no person in
the United States shall, on the basis of race, color, sex, national origin, religion, age or
disability, be excluded from participation in, be denied the benefits of, or be otherwise
subjected to discrimination under any program or activity of CONSULTANT under this
AGREEMENT. CONSUL TANT hereby gives assurance that CONSUL TANT will
promptly take any measures necessary to effectuate this SECTION 13.
(b) CONSUL TANT, without limiting the above general assurance, hereby gives
the following specific assurances:
(1 ) CONSULTANT agrees that each OprogramO and each Ofacility::J as
defined in subsections 21.23(e) and 21.23(b) of the REGULATIONS will be
conducted or will be operated in compliance with all requirements imposed
by, or pursuant to, the REGULATIONS.
(2) CONSUL T ANT shall insert the following notification in all solicitations
for bids for work or material made in connection with this AGREEMENT
and, in adapted form, in all proposals for negotiated agreements:
CONSUL TANT hereby notifies all bidders that it will affirmatively
ensure that in any agreement entered into pursuant to this
advertisement, minority business enterprises will be afforded full
opportunity to submit bids in response to this invitation and will not
be discriminated against on the grounds of race, color, sex, national
origin, age, religion, or disability in consideration for an award. _
(3) CONSUL TANT shall insert the clauses of EXHIBIT C into every
subcontract under this AGREEMENT.
(4) CONSULTANT agrees that the United States and the State of
California have a right to seek judicial enforcement with regard to any
matter arising under the ACT, the REGULATIONS, and this AGREEMENT.
(5) CONSUL TANT shall provide for such methods of administering its
obligations under the AGREEMENT as are found by the U.S. Secretary of
Transportation, or the official to whom he delegates specific authority, to
give reasonable guarantee that CONSULTANTS and its agents,
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
Page 9
subcontractors, and successors in interest will comply with all requirements
imposed by, or pursuant to the ACT, the REGULATIONS, and this
AGREEMENT.
SECTION 14. UNAUTHORIZED ALIENS.
CONSULTANT hereby promises and agrees to comply with all of the provisions of
the Federal Immigration and Nationality Act, 8 U.S.C.A.. 1101, et sea., as amended, and,
in connection therewith, shall not employ unauthorized aliens as defined therein. Should
CONSUL T ANT so employ such unauthorized aliens for the performance of work and/or
services covered by this AGREEMENT, and should any liability or sanctions be imposed
against AGENCY for such use of unauthorized aliens, CONSULTANT hereby agrees to
and shall reimburse AGENCY for the cost of all such liabilities or sanctions imposed,
together with any and all costs, including attorneys' fees, incurred by AGENCY in
connection therewith.
SECTION 15. CONFLICTS OF INTEREST.
(a) CONSULTANT covenants that neither it, nor any of its officers or principals
has or shall acquire any interest, directly or indirectly, which would conflict in any manner
with the interests of AGENCY or which would in any way hinder CONSULTANTs
performance of services under this AGREEMENT. CONSULTANT further covenants that
in the performance of this AGREEMENT, no person having any such interest shall be
employed by it as an officer, employee, agent-or subcontractor without the express written
consent of the AGENCY. CONSULTANT agrees to at all times avoid conflicts of interest
or the appearance of any conflicts of interest with the interests of AGENCY in the
performance of this AGREEMENT.
(b) AGENCY understands and acknowledges that CONSULTANT is, as of the
date of execution of this AGREEMENT, independently involved in the performance of
non-related services for other governmental agencies and private parties.
CONSUL T ANT is unaware of any stated position of AGENCY relative to such projects.
Any future position of AGENCY on such projects shall not be considered a conflict of
interest for purposes of this section:.
SECTION 16. RESTRICTIONS ON LOBBYING ON FEDERALLY FUNDED PROJECTS.
(a) By signing this AGREEMENT, CONSULTANT certifies, to the best of its
knowledge and belief, that no federal appropriated funds have been paid or will be paid,
by or on behalf of CONSULTANT, to any person for influencing or attempting to influence
an officer or employee of any federal agency, a Member of Congress, an officer or an
employee of the Congress, or an employee of a Member of Congress in connection with
this AGREEMENT.
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(b) If any funds, other that federal appropriated funds, have been paid or will be
paid to any person for influencing or attempting to influence an officer or an employee of
any federal agency, a Member of Congress, an officer or employee of Congress or an
employee of a Member of Congress in connection with this Agreement, CONSULTANT
shall complete and submit all required lobbying disclosure forms and reports.
(c) This certification is a material representation of fact upon which reliance
was placed when this AGREEMENT was executed.
(d) The language of this SECTION 16 shall be included in all subcontracts that
exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) in value.
SECTION 17. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION.
(a) All information gained or work products produced by CONSULTANT in
performance of this AGREEMENT shall be considered confidential, unless such
information is in the public domain or already known to CONSULTANT. CONSULTANT
shall not release or disclose any such information or work products to persons or entities
other than AGENCY without prior written authorization from the AGENCY, except as may
be required by law.
(b ) CONSULTANT, its officers, employees. agents or subcontractors shall not,
without prior written authorization from the AGENCY or unless requested by the Counsel
to the AGENCY, voluntarily provide declarations, letters of support, testimony at
depositions, response to interrogatories or~ other information concerning the work
performed under this AGREEMENT. Response to a subpoena or court order shall not be
considered "voluntary" provided CONSULTANT gives AGENCY notice of such court
order or subpoena.
(c) If CONSULTANT, or any officer, employee, agent or subcontractor of
CONSULTANT, provides any information or work product in violation of this
AGREEMENT, then AGENCY shall have the right to reimbursement and indemnity from
CONSULTANT for any damages, costs and fees, including attorneys fees, caused by or
incurred as a result of CONSULTANT's conduct.
(d) CONSULTANT shall promptly notify AGENCY should CONSULTANT, its
officers, employees, agents or subcontractors be served with any summons, complaint,
subpoena, notice of deposition, request for documents, interrogatories, request for
admissions or other discovery request, court order or subpoena from any party regarding
this AGREEMENT and the work performed thereunder. AGENCY retains the right, but
has no obligation, to represent CONSULTANT or be present at any deposition, hearing or
similar proceeding. CONSULTANT agrees to cooperate fully with AGENCY and to
provide AGENCY with the opportunity to review any response to discovery requests
provided by CONSULTANT. However, this right to review any such response does not
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
Page 11
imply or mean the right by AGENCY to control, direct. or rewrite said response.
SECTION 18. INDEMNIFICATION.
(a) The AGENCY and it's elected and appointed boards, officials, officers,
agents, employees and volunteers (individually and collectively, "INDEMNITEES") shall
have no liability to CONSULTANT or any other person for, and CONSULTANT shall
indemnify, defend, protect and hold harmless INDEMNITEES from and against. any and
all liabilities, claims, actions, causes of action, proceedings, suits, damages, judgments,
liens. levies, costs and expenses of whatever nature, including reasonable attorneys' fees
and disbursements (collectively "CLAIMS"), which INDEMNITEES may suffer or incur or
to which INDEMNITEES may become subject by reason of or arising out of any injury to
or death of any person(s), damage to third party property, loss of use of third party
property, economic loss of third parties or otherwise occurring as a result of or allegedly
caused during the term of this AGREEMENT by the CONSULTANT's perlormance of or
failure to perform any services under this AGREEMENT or by the negligent or willful acts
or omissions of CONSULTANT, its agents, officers, directors or employees, committed in
performing any of the services under this AGREEMENT.
(b) If any action or proceeding is brought against INDEMNITEES by reason of
any of the matters against which CONSULTANT has agreed to indemnify INDEMNITEES
as provided above, CONSULTANT, upon notice from AGENCY, shall defend
INDEMNITEES at its expense by counsel acceptable to AGENCY, such acceptance not
to be unreasonably withheld. INDEMNITEES need not have first paid for any of the
matters to which INDEMNITEES are entitled to indemnification in order to be so
indemnified. The insurance required to tle maintained by CONSULTANT under
SECTION 18 shall ensure CONSULTANT's obligations under this SECTION 18(b). but
the limits of such insurance shall not limit the liability of CONSULTANT hereunder. The
provisions of this SECTION 18 shall survive the expiration or earlier termination of this
AGREEMENT.
(c) The provisions of this SECTION 18 do not apply to CLAIMS occurring
as a result of the AGENCY's sole negligence or willful acts or omissions.
SECTION 19. INSURANCE.
CONSULTANT agrees to obtain and maintain in full force and effect during the
term of this AGREEMENT the insurance policies set forth in EXHIBIT D "INSURANCE"
and made a part of this AGREEMENT. All insurance policies shall be subject to approval
by AGENCY as to form and content. The insurance policy requirements as set forth in
EXHIBIT D are subject to amendment or waiver if so approved in writing by the AGENCY.
CONSULTANT agrees to' provide AGENCY with certificates evidencing the required
policies, upon request.
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Subsequent to the date of this AGREEMENT, AGENCY intends to implement a
wrap-up or owner controlled insurance program which will cover all Project work and
which will name as insureds the AGENCY and all (1) on-site consultants, contractors, and
subcontractors and (2) all Architects/Engineers wherever their services maybe preformed
for professional liability only for that work undertaken on the Project. If and to the extent
that a wrap-up policy is put in place by the AGENCY, then CONSULTANT agrees to
delete any duplicative or overlapping coverage for the Project from CONSULTANT's
existing insurance program and to credit to AGENCY any cost savings that result.
SECTION 20. ASSIGNMENT.
The expertise and experience of CONSULTANT are material considerations for
this AGREEMENT. AGENCY has an interest in the qualifications of and capability of
the persons and entities that will fulfill the duties and obligations imposed upon
CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT
shall not assign or transfer any portion of this AGREEMENT or the performance of any
of CONSULTANT's duties or obligations under this AGREEMENT without the prior
written consent of the AGENCY. Any attempted assignment shall be ineffective, null
and void, and shall constitute a material breach of this AGREEMENT entitling AGENCY
to any and all remedies at law or in equity, including summary termination of this
AGREEMENT.
SECTION 21. CONTINUITY OF PERSONNEL.
CONSUL TANT may not replace key staff, set forth in CONSULTANT's Proposal,
unless their employment is terminated or their replacement is agreed upon by the
AGENCY. The AGENCY must approve replacement staff before the replacement staff is
assigned to perform services under this AGREEMENT. AGENCY reserves the right to
request that CONSULTANT replace a staff person assigned to perform services under
this AGREEMENT in the event the AGENCY, in its sole discretion, determines such a
replacement is necessary. Replacement staff in every case is subject to AGENCY
approval prior to assignment to perform services under this AGREEMENT. -
SECTION 22. TERMINATION OF AGREEMENT.
(a) AGENCY may terminate this AGREEMENT, with or without cause, at any
time by giving thirty (30) days written notice of termination to CONSULTANT. In the event
such notice is given, CONSULTANT shall cease immediately all work in progress.
(b) CONSULTANT may terminate this AGREEMENT at any time upon thirty
(30) days written notice of termination to AGENCY.
(c) If either CONSULTANT or AGENCY is in default under this AGREEMENT,
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
Page 13
.. .
then, in addition to any other remedies, either CONSULTANT, or AGENCY may terminate
this AGREEMENT immediately upon written notice.
(d) Upon termination of this AGREEMENT by either CONSULTANT or
AGENCY, all property belonging to AGENCY, which is in CONSULTANT's possession,
shall be returned to AGENCY. CONSULTANT shall furnish to AGENCY a final invoice for
work performed and expenses incurred by CONSULTANT, prepared as set forth in
SECTION 5 of this AGREEMENT. This final invoice shall be reviewed and paid in the
same manner as set forth in SECTION 5 of this AGREEMENT.
SECTION 23. DEFAULT.
If either CONSULTANT or AGENCY fails to perform any material obligation under
this AGREEMENT, the non-breaching party shall notify the breaching party in writing.
Within thirty (30) days of receipt of such written notice, the breaching party shall
commence curing such breach and shall diligently pursue such cure to completion. If the
breaching party fails to diligently pursue such cure to completion, the breaching party
shall be in default under the terms of this AGREEMENT. In the event that CONSULTANT
is in default, the AGENCY shall not have any obligation or duty to continue compensating
CONSUL TANT for any services performed after the date of default, and AGENCY,
without limiting any other legal or equitable remedies available to it, shall be entitled to
withhold from CONSULTANT amounts unpaid hereunder and to offset such amounts
against damages or losses incurred by the AGENCY, including increased costs of
services. .
SECTION 24. TIME IS OF THE ESSENCE.
Time is of the essence in the performance of this AGREEMENT.
SECTION 25. EXCUSABLE DELAYS.
._ CONSULTANT shall not be liable for damages, including liquidated damages, if
any, caused by delay in performance or failure to perform due to causes beyond the
control of CONSULTANT. Such causes include, but are not limited to, acts of God, acts
of the public enemy, acts of federal, state or local governments, court orders, fires, floods,
epidemics, strikes, embargoes, and unusually severe weather. The term and price of this
AGREEMENT shall be equitably adjusted for any delays due to such causes.
SECTION 26. NOTICES.
All notices required or permitted to be given under this AGREEMENT shall be in
writing and shall be personally delivered, or sent by telecopier or certified mail, postage
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
Page 14
; .
prepaid and return receipt requested, a,ddressed as follows:
To AGENCY:
Name of Agency
Address
To CONSULTANT:
Name of Consultant
Address
Notice shall be deemed effective on the date personally delivered or transmitted by
facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United
States Postal Service.
SECTION 27. AUTHORITY TO EXECUTE.
The person or persons executing this AGREEMENT on behalf of CONSULTANT
warrants and represents that he/she/they has/have the authority to execute this
AGREEMENT on behalf of his/her/their corporation and warrants and represents that
he/she/they has/have the authority to bind CONSULTANT to the performance of its
obligations hereunder.
SECTION 28. BINDING EFFECT.
This AGREEMENT shall be binding upon the heirs, executors, administrators,
successors and assigns of the parties.
SECTION 29. MODIFICATION OF AGREEMENT.
No amendment to or modification of this AGREEMENT shall be valid unless made
in writing and approved by the CONSULTANT and by the AGENCY. The parties agree
that this requirement for written modifications cannot be waived and that any attempted
waiver shall be void. .
SECTION 30. WAIVER.
Waiver by any party to this AGREEMENT of any term, condition, or covenant of
this AGREEMENT shall not constitute a waiver of any other term, condition, or covenant.
Waiver by any party of any default of the provisions of this AGREEMENT shall not
constitute a waiver of any other provision, nor a waiver of any subsequent default or
violation of any provision of this AGREEMENT. Acceptance by AGENCY of any work or
services by CONSULTANT shall not constitute a waiver of any of the provisions of this
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
Page 15
AGREEMENT.
SECTION 31. LAW TO GOVERN; VENUE.
This AGREEMENT shall be interpreted, construed and governed according to the
laws of the State of California. In the event of litigation between the parties, venue in
state trial courts shall lie exclusively in the County of Los Angeles.
SECTION 32. ATTORNEYS FEES, COSTS AND EXPENSES.
In the event litigation or other proceeding is required to enforce or interpret any
provision of this AGREEMENT, the prevailing party in such litigation or other proceeding
shall be entitled to an award of reasonable attorney's fees, costs and expenses, in
addition to any other relief to which it may be entitled.
SECTION 33. ENTIRE AGREEMENT.
This AGREEMENT, including the attached EXHIBIT 1, is the entire, complete, final
and exclusiye expression of the parties with respect to the matters addressed therein and
supersedes all other agreements or understandings, whether oral or written, or entered
into between CONSULTANT and AGENCY prior to the execution of this AGREEMENT.
No statements, representations or other agreements, whether oral or written, made by
any party which are not embodied herein snail be valid and binding. No amendment to
this AGREEMENT shall be valid and binding unless in writing duly executed by the
parties or their authorized representatives.
SECTION 34. SEVERABILITY.
If any term, condition or covenant of this AGREEMENT is declared qr determined
by any court of competent jurisdiction to be invalid, void or unenforceable, tfle remaining
provisions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall
be read and construed without the invalid, void or unenforceable provisions.
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
Page 16
IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be
executed the day and year first above written.
ATTEST:
THE CITY OF SAN BERNARDINO
City Clerk
By:
Mayor
APPROVED AS TO FORM:
CONSULTANT
City Attorney
By:
Its
City of San Bernardino, Sample Contract for Santa Fe Depot Parking Structure
Page 17
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 15, 2005
TO:
Mike Grubbs, Field Engineer
Development Services Department
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2005-370
At the Mayor and Common Council meeting of September 6,2005, the City of San Bernardino
adopted Resolution No. 2005-370 - Resolution approving an agreement for professional services
with Transtech Engineers, Inc., to provide program management services for the Santa Fe Depot
Parking Structure Project (GB04-19).
Attached are one (1) original agreement and two (2) duplicate original agreements. Please obtain
signatures in the appropriate locations and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please forward one (1) fully executed copy to
Transtech Engineers, Inc. and retain one (1) for your records.
Please be advised that the resolution and contract will be null and void if not executed
within sixty (60) days, or by Thursday, January 5, 2006.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
Signed:
Please sign and return
Date:
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date A~ted): tl,.} 10<;./ Item # f ~ Resolution # ~()Cr; - 370
Vote: Ayes' I Nays Abstain Absent
Change to motion to amend original documents 0 Companion Resolutions
NullNoid After: ~1) days / I---!>- 0 "
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
POST 0
/
\\. ~I.V~
l\;lOIOS _
Date ofClerk/CDC Signature: t\-I {)/ ct:f
RECORD W/COUNTY 0
PUBLISH 0
Reso. Log Updated: ~
Seal Impressed: 6" /
Reso. # on Staff Report .0'
Date Memo/Letter Sent for Signature:
1 sl Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
/
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413,6429,6433, 10584, 10585, 12634):
Yes
No ----r' By_
No / By
No _/ By=
No L M-
No~By_
Yes
Yes
Updated CDC Personnel Folders (5557):
Yes
Updated Traffic Folders (3985, 8234,655, 92-389):
Yes
Copies Distributed to:
Animal Control 0
~
EDA
o
Information Services
o
o
o
o
o
d
Code Compliance 0 ) Fire Department 0 Public Services
Development Services 01'-7 Human Resources 0 Lr Water Department
Others: /h4--./ ,l:XJ.dfZ~ fTrlYY JtivlLJ~t / f;VV
Facilities
~/
Parks & Recreation
City Administrator
City Attorney
Finance
Police Department
Notes:
Ready to File: _
Date:
Revised 12/18/03