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CITY OF SAN
BERtiARDINO ~EQUEST l"~~ N~~~~~~L ACTION
From: ROGER G. HARDGRAVE, Di rector
Dept: Pub 1 i c Works/Engi neeri ng
Date: January 10, 1990
Subject:
Authorization to Execute
Agreement for Consultant Services
(City-wide Assess. Distr.)
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GFB-FRIEDRICH & ASSOC., INt. '- ~
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Synopsis of Previous Council action:
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1-8-90 -- Request
to proceed sent to Legislative Review Committee.
Recommended motion:
Adopt Resolution.
cc: Marshall Julian, City Administrator ~ 4~ L
Andrew Green, Finance Director ~~C
Jim Penman, City Attorney Sig ure
Ji m Ri chard son , Ass t. Ci ty Adm. Dev.
Contact person: Verne Nadeau
Staff Report,
Supporting data attached: Aqreement & Reso 1 uti on
Phone:
384-5026
Ward:
1.2,3,4,5,6,7
FUNDING REQUIREMENTS:
Amount: $11 ,0:1/1 00
Source: (Acct. No,)
251-998-53925
(Acct. Description)
Assess. Di str. General Account
12/4.'/
Finance: ~;;;:; ~
1
Council Notes:
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CITY OF SAN BERI ~RDINO - REQUEST ~ )R COUNCIL ACTION
STAFF REPORT
The City is anticipating the formation of a City-wide Assessment District for
Street Lighting and Street Sweeping to recover costs pertinent thereto.
The most critical factor in forming an assessment district of this kind will be
the method for determining benefit. For this purpose it was recommended that a
Consultant with experience in this type of District be brought on board to assist
staff with the alternatives as used by other Cities at an estimated cost of
$13,000.
The attached Resolution and Agreement is for approval and execution of an
Agreement with GFB-FRIEDRICH ASSOC., INC. John Friedrich has been project
manager for this type of district in City of Claremont, City of Blythe, City of
Rancho Cucamonga and City of Pasadena amoung others.
It is the recommendation of thi s Department that the Resol ution be adopted and
the Agreement be executed.
URGENCY CLAUSE:
At the Council meeting of 1-8-90, authorization to proceed with
the Ci ty-wide assessment district was referred to the
Legislative Review Committee and continued to 3-06-90. The
Legislative Review Committee will consider this item on 1-25-90.
It is necessary for the Assessment Engineer to be available for
the Committee meeting in order to assist in the developing of a
scope and method of assessing benefit for this proposed assess-
ment district.
1-10-90
75-0264
5
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7 execute on behalf of said City an Agreement for Consultant
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH GFB-FRIEDRIECH & ASSOC., INC.
FOR CONSULTANT SERVICES FOR RELATIVE TO THE FORMATION OF A
CITY-WIDE ASSESSMENT DISTRICT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECT ION 1.
The Mayor is hereby authorized and directed to
8 Services with GFB-FRIEDRICH & ASSOC., INC. relative to a City-
9 wide Assessment District for Street Lighting and Street
10 Sweeping purposes, a copy of which is attached hereto marked
11 Exhibit "A," and incorporated herein by reference as fully as
12 though set forth at length.
13 SECTION 2. This resolution is rescinded if the parties to
14 the Agreement for Consultant Services fail to execute it within
15 sixty (60) days of the passage of this resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardi no at a meeti ng thereof, hel d
19 on the day of 1990, by the
20 f 0 11 0 win g v 0 t e , tow it:
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AYES: Counci 1 Members
NAYS:
ABSENT:
Ci ty Cl erk
-10-90
K t :::, U : A u ( f1 U k 1 L 1 N II t. ^ t. l- IJ i 1 U i. u r All K Co t. i'l t. ,,< I. till r1 G r 0 - r K 1 C. l, n K 1 l. n
FOR C"NSULTANT SERVICES - CITY WT~E ASSESSMENT DISTRICT.
1 The foregoing resolution is hereby approved this
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day of
, 1990.
W. R. "Bob" Holcomb, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
Ci ty Attorney
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By: 4<Z/~'
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1-10-90
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EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of
, 1990, by and between the CITY OF SAN BERNARDINO,
California, a municipal corporation, hereinafter referred to as the
"CITY", and GFB-FRIEDRICH & ASSOC., It;C. a
California corporation, hereinafter referred to as "CONSULTANT".
WIT N E SSE T H
WHEREAS, City desires to obtain professional services to:
PROVIDE ADVISORY SERVICES RELATIVE TO THE
FORMATION OF A CITY-WIDE STREET LIGHTING AND STREET SWEEPING
DISTRICT PURSUANT TO THE MUNICIPAL CODE.
WHEREAS, in order to
it is necessary to retain
engineering and consulting
develop the proper method of determi ni ng benefi t ,
the professional services of a qualified
firm; and
WHEREAS, Consultant is qualified to provide said professional
services; and
WHEREAS, San Bernardino City Council has elected to engage the
services of Consultant upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Consultant shall perform those services specified in "Scope of
Services", a copy of v,.hich is attached hereto as Exhibit "1" and
incorporated as though set forth in full.
2. TERM OF AGREEMENT
The services of Consultant are to commence within thirty (30) days
after the City has authorized work to start by issuance of a Notice to
Proceed. The scheduled completion dates specifically set forth in
Exhibit "2" attached hereto and incorporated herein as though set forth
in full, will be adjusted by Consultant as the City authorizes the
work. Such adjustments shall require city approval prior to
commencement of performance of each phase. This Agreement shall expire
as specified by the Exhibit "2" schedule unless extended by written
agreement of the parties.
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3. STANDARD OF PERFORMANCE
Consultant shall complete all work product and design in
conformance with the City of San Bernardino's Standard Drawings.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of
Services", is made an obligation of Consultant under this Agreement,
subject to any changes made subsequently upon mutual agreement of the
parties. All such changes shall be incorporated by written amendments
to this Agreement and include any increase or decrease in the amount of
compensation due Consultant for the change in scope. Any change which
has not been so incorporated shall not be binding on either party.
B. No extra services shall be rendered by Consultant under
this Agreement unless such extra services are authorized, in writing,
by City prior to performance of such work. Authorized extra services
shall be invoiced based on Consultant's "Schedule of Hourly Rates"
dated August 1, 1989 , a copy of which is attached hereto as
Exhibit "4" and incorporated herein as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Consultant for actual costs
(including labor costs, employee benefits, overhead, profit, other
direct and indirect costs) incurred by the Consultant in performance of
the work, in an amount not to exceed $13,036.00 Actual
costs shall not exceed the estimated wage rates and other costs as set
forth in Exhibit "3", attached hereto and incorporated herein as though
set forth in full.
B. Said compensation shall not be altered unless there is
significant alteration in the scope, complexity or character of the
work to be performed. Any such significant alteration shall be agreed
upon in writing by City and Consultant before commencement of
performance of such significant alteration by Consultant.
Any adjustment of the total cost of services will only be
permitted when the Consultant establishes and City has agreed, in
writing, that there has been, or is to be, a significant change in:
1. Scope, complexity, or character of the services to be
performed;
2.
Conditions under which
performed; and
the work is required to be
3.
Duration of
specified in
warrants such
work if the change
the Agreement for
adjustment.
from the time period
Completion of the work
State and
Consultant
accordance
C. The Consultant is required to comply with all Federal,
local laws and ordinances applicable to the work. The
is required to comply with prevailing wage rates in
with California Labor Code section 1775.
6. PAYMENT BY 'ITY
A. The billings for all services rendered pursuant to this
Agreement shall be submitted monthly by Consultant to City and shall be
paid by City within twenty (20) days after receipt of same, excepting
any amounts disputed by city. Dispute over any invoiced amount shall
be noticed to the Consultant within ten (10) days of billing and a meet
and confer meeting for purposes of resolution of such dispute shall be
initiated by the City within ten (10) days of notice of such dispute.
Interest of 1-1/2 percent per month (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not in dispute and not
paid within thirty (30) days of the billing date, payment thereafter to
be applied first to accrued interest and then to the principal unpaid
amount. On disputed amounts, interest shall accrue from thirty (30)
days of the invoice date if the amount in dispute is resolved in favor
of the Consultant. All tasks as specified in Exhibit "1" shall be
completed prior to final payment.
B. The parties hereto otherwise agree not to be bound by
any other requirements for arbitration of any dispute arising
hereunder. Disputes shall be resolved by agreement of the parties, or
upon the failure of such agreement, by direct application to the
Courts.
C. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the amount
payable under this Agreement, then all litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be
paid to the prevailing party.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of City, or his designee,
shall have the right of general supervision over all work performed by
Consultant and shall be City's agent with respect to obtaining
Consultant's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of
the Director of Public Works or his designee.
B. The Director of Public Works/City Engineer and the City
Administrator may review and inspect the Consultant's activities during
the progress of the program.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Consultant hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color,
religion, sex, marital status or national origin. Consultant shall
promote affirmative action in its hiring practices and employee
policies for minorities and other designated classes in accordance with
federal, state and local laws. Such action shall include, but not be
limited to, the following: recruitment and recruitment advertising,
employment, upgrading, and promotion. In addition, Consultant shall
not exclude from participation under this Agreement any employee or
applicant for employment on the basis of age, handicap or religion in
compliance with State and Federal laws.
9. TERMINATION v~ AGREEMENT
A. This Agreement may be terminated by either party upon thir~y
(30) days' written notice in the event of substantial failure of the
other party to perform in accordance with the terms of this Agreement.
Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure giving rise to such
notice. In the event of termination of this Agreement, City shall
within thirty (30) days pay Consultant for all the fees, charges and
services performed to City's satisfaction by Consultant, which finding
of satisfaction shall not be unreasonably withheld. Consultant hereby
covenants and agrees that upon termination of this Agreement for any
reason, Consultant will preserve and make immediately available to
city, or its designated representatives, maps, notes, correspondence,
or records related to work paid for by the City and required for its
timely completion, and to fully cooperate with City so that the work to
be accomplished under this Agreement may continue within forty-five
(45) days of termination. Any subsequent use of such incomplete
documents shall be at the sole risk of the city and the City agrees to
hold harmless and indemnify Consultant from any claims, losses, costs,
including Attorney's fees, and liability arising out of such use.
Consultant shall be compensated for such services in accordance with
Exhibit "4".
B. This Agreement may be terminated for the convenience of
City upon thirty (30) days written notice to Consultant. Upon
notice, Consultant shall provide work product to City and city
compensate Consultant in the manner set forth above.
the
such
shall
C. Following the effective date of termination of this Agreement
pursuant to this section, the Agreement shall continue until all
obligations arising from such termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without
the fault or negligence of Consultant, Consultant fails to meet any of
its obligations under this Agreement, and such failure shall not
constitute a default in performance, and the City may grant to
Consultant such extensions of time and make other arrangements or
additions, excepting any increase in payment, as may be reasonable
under the circumstances. Increases in payment shall be made only under
the "changes" provision of this Agreement. Consultant shall notify
city within three (3) days in writing when it becomes aware of any
event or circumstance for which it claims or may claim an extension.
11. INDEPENDENT CONTRACTOR
Consultant shall act
performance of the services
Consultant shall furnish such
respect shall it be considered
as an independent contractor in the
provided for under this Agreement.
services in its own manner and in no
an agent or employee of City.
12. ASSIGNMENT G_ SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be assigned
by Consultant without the written consent of city. Any attempt by
Consultant to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and
shall constitute a breach of this Agreement. All subcontracts
exceeding $10,000.00 shall contain all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of Consultant
and city:
CONSULTANT
CITY
GFB-FRIEDRICH & ASS~C., INC.
Attn: Mr. John Friedrich
6809 In4;ana ~venue, Ste. 201
Riverside, CA ]2506
Mr. Roger Hardgrave
Director of Public Works/City
Engineer
300 North "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Consultant may reasonably rely upon the accuracy of data
provided through the City or its agents without independent evaluation.
B. The City shall pay all costs of inspection and permit fees.
Charges not specifically covered by the terms of this Agreement shall
be paid as agreed by the parties hereto at the time such costs arise;
but ln no event shall the work to be performed hereunder cease as a
consequence of any unforeseen charges unless by mutual written
agreement of City and Consultant.
C. All tracings, survey notes, and other original documents are
instruments of service and shall remain the property of Consultant
except where by law, precedent, or agreement these documents become
public property. All such documents or records shall be made
accessible to city. Consultant shall maintain all records for
inspection by the City, State, or their duly authorized representatives
for a period of three (3) years after final payment.
15. COVENANT AGAINST CONTINGENT FEE
Consultant warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Consultant for the
purpose of securing business. For breach or violation of this
warranty, City shall have the right to terminate this Agreement in
accordance with the clause permitting termination for cause and, at its
sole discretion, to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
16. HOLD HARMLES CLAUSE
A. Consultant hereby agrees to hold City, its elective and
appointive boards, officers, and employees, harmless from any liability
for damage or claims for damage for personal injury including death, as
well as from claims for property damage, which may arise from
Consultant's negligent acts, errors or omissions under this Agreement.
B. Consultant shall indemnify, defend and hold free and harmless
the City, its officers and its employees from all claims, damages,
costs, expenses, and liability, including, but not limited to
attorney's fee imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use
by City, its officers, employees, agents and other duly authorized
representatives, of programs or processes supplied to City by
Consultant under this Agreement.
17. INDEMNITY
Consultant shall indemnify, defend and hold harmless city from and
against any and all claims, demands, suits, actions, proceedings,
judgements, losses, damages, injuries, penalties, costs, expenses
(including attorneys' fees) and liabilities, of, by, or with respect to
third parties, which arise solely from Consultant's negligent
performance of services under this Agreement. Consultant shall not be
responsible for, and city shall indemnify, defend and hold harmless
Consultant from and against, any and all claims, demands, suits,
actions, proceedings, judgements, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of, by or
with respect to third parties, which arise solely from the City's
negligence. with respect to any and all claims, demands, suits,
actions, proceedings, judgements, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of, by or
with respect to third parties, which arise from the joint or concurrent
negligence of Consultant and City, each party shall assume
responsibility in proportion to the degree of its respective fault.
18. LIABILITY/INSURANCE
A. Consultant's liability to the city for injury or damage to
persons or property arising out of work performed by the City and for
which legal liability may be found to rest upon Consultant other than
for professional errors and omissions, will be limited to
$1,000,000.00. For any damage on account of any error, omission or
other professional negligence Consultant's liability, will be limited
to a sum not to exceed $50,000.00 or Consultant's fee, whichever is
greater.
B. The city will require the Consultant to provide Workers
Compensation and Comprehensive General Liability Insurance, including
completed operations and contractual liability, with coverage
sufficient to insure the Consultant's indemnity, as above required;
and, such insurance will include the city, the Consultant, their
consultants, and each of their officers, agents and employees as
additional insureds.
C. Consultant E 11 provide
a policy if insurance, in which
named insured to the extent of the
evidence of in :ance in the form of
the City is named as an additional
coverage required by this Agreement.
19. VALIDITY
Should any provision herein be found or deemed to be invalid, this
Agreement shall be construed as not containing such provision, and all
other provisions which are otherwise lawful shall remain in full force
and effect, and to this end the provisions of this Agreement are
declared to be severable.
20. ENTIRE AGREEMENT
This Agreement represents the entire and integrated Agreement
between the parties hereto and supercedes all prior and contempor-
aneous negotiations, representations, understandings and agreements,
whether written or oral, with respect to the subject matter thereof.
This Agreement may be amended only by written instrument signed by both
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the date written above by their duly authorized
officers on their behalf.
ATTEST:
GFB.FRIEDRICH & ASSJC., INC.
By:
CITY OF SAN BERNARDINO,
a municipal corporation
By:
W. R. HOLCOMB, Mayor
Approved as to form
and legal content:
JAMES F. PENMAN,
City Attorney
By:
EXHIBIT "1"
CITY uP SAN BERNARDI~O
ADVISORY SERVICES RELATIVE TO A CITY-WIDE
STREET LIGHTI~G AND STREET SWEEPI~G DISTRICT
SCOPE OF SERVICES
~----------
The necessary tasks to provide consultation and a proposed as-
sessment formula in report format are outlined below:
1. Research & data gathering relative to land uses and numbers
of parcels within the City.
2. Attend City Council and staff meetings as required (Assume 8
meetings at 3-1/2 hours each plus preparation).
3. Prepare report which contains proposed assessment formula.
the procedure for forming the District and a proposed
project schedule (includes Citv-requested revisions).
4. Provide ongoin~ consultation service to City staff on an
as-needed basis.
Within this Agreement. the City will provIde the labor required
to form the District dnd provide all neceSS<iry field and office
research. The City will also provide an <issessment engineer to
prepare rind sign the En~illeer's Report, incl\lding the preparation
of boundary maps and assessment dia~rams.
END
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EXHIBIT "2"
CITY OF SA~ BER~ARDINO
ADVISORY ~EHVICES RELATIVE TO A CITY-WIDE
STREET LIGHTING AND STREET SWEEPING DISTRICT
PROJECT SCHEDULE
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The services to be provided under the terms of. this Agreement
shall be completed by September 1. 1991.
I'iD
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EXHIBIT "3"
CITY OF SAN BERNARDINO
ADVISORY SERVICES RELATIVE TO A CITY-WIDE
STREET LIGHTI~G AND STREET SWEEPING DISTRICT
PROJECr FEES
The estimated tees
proposed formula in
Exhibit "1". "SCOPE
task.
required to
report format
OF SERVICES."
provide consultation and a
are outlined below. Refer to
for an explanation of each
1 .
Task 1
.$ 3.064.00
L .
Task 2
.$ 3.288.00
3.
Task 3
.$ 5,184.00
4.
Task 4
.$ 1.500.00
Total Estimated Labor Fee
$13,036.00
GFB-Friedrich
and materials
Reproduction.
as additional
proposes to invoice the City on a monthly on a time
basis for work completed during the previous month.
blueprints. report binding, etc. will be invoiced
out-at-pocket costs.
E'JD
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EXHIBIT "4"
GFB-FRIEDRICH & ASSOC.. INC.
SCHEDULE OF HOURLY RATES
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HOURLY RATE
_.______ ____ __ ___u_.
S 86.00 per hour
S 73.00 per hour
S 69.00 per hour
S 50.00 per hour
S 63.00 per hour
$ 126.50 per hour
S 167.25 per hour
S 61.00 per hour
$ 34.00 per hour
S 23.00 per hour
Sub-Consultant
fee plus 10'1'0
Vendor Costs
S 0.36 per mile
S 19.00 per hour
plus mi I edi!e
(LASSIFICATION
1.
Principal
L.
Registered Engineer
3.
Pro j ect ~'lanager
4.
Draftsperson/Field Inspector
5.
Designer
b.
2-Man Survev Partv
7.
3-~an Survev Partv
8.
Survev Computer
9.
Clerical
HJ.
Engineering Aide
Sub-Consultants
Blueprints. Reproduction
& Courier Service
Job Travel
Deliverv
,"OTE:
Normal overtime will be invoiced at 1.50 times standard
hourly rate. Overtime on Sundays dnd holidays will be
invoiced at 1.75 times standard hourlv rate. This
Schedule of Hourly Rates is in effect through July 31.
1990 and shall be subject to annual revision based on
changes in the cost of living and the Union Labor
Agreement.
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