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HomeMy WebLinkAbout1989-144 1 RESOLUTION NO. 89-144 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH GFB - FRIEDRICH & ASSOCIATES, INC. 3 FOR ASSESSMENT ENGINEERING SERVICES IN CONNECTION WITH THE VERDEMONT AREA IMPROVEMENT DISTRICT. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor is hereby authorized and directed 7 to execute on behalf of said City an Agreement for Professional 8 Services with GFB Friedrich & Associates, Inc. for the 9 Verdemont Area Improvement District, Assessment District No. 987, 10 a copy of which is attached hereto marked Exhibit "A", and 11 incorporated herein by reference as fully as though set forth at 12 length. 13 SECTION 2. This resolution is rescinded if the parties 14 to the Agreement for Professional Services fail to execute it 15 within sixty (60) days of the passage of this resolution. 16 I HEREBY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 Bernardino at a regular meeting thereof, held on the 19 15th day of May , 1989, by the following vote, to-wit: 20 21 22 23 24 25 26 27 4/25/89 day of 28 AYES: Council Members Estrada, Flores, maudsley, Minor, Pope-Ludlam NAYS: None ABSENT: Council Members Reilly. Miller ~L&/$4~d/ / City Clerk The foregoing resolution is hereby approved this /ffL May , 1989. 1 2 3 4 Approved as to form and legal content: 5 James F. Penman 6 City Attorney 7 8 B 1 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 4/25/89 28 RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH GFB - FRIEDRICH & ASSOCIATES, INC. FOR ASSESSMENT ENGINEERING SERVICES IN CONNECTION WITH VERDEMONT AREA IMPROVEMENT DISTRICT. "lcox, Mayor San Bernardino - 2 - AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into this /f?f:i- day of ~, 19~, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and GFB-FRIEDRICH & ASSOC. INC. hereinafter called "Engineer". W ITNE SSETH WHEREAS, City desires to establish a Benefit Assessment District for street and drainage improvements and other required improvements for the project known as the Verdemont Area Improvement Assessment Di stri ct, pursuant to the proceedings of one or more of the municipal improvements acts: and WHEREAS, in order to develop such a program, it is necessary to retain the professional services of a qualified engineering and consulting firm: and WHEREAS, Engineer is qualified to provide said professional services for the development of such a program; and WHEREAS, San Bernardi no Ci ty Council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE ~ SERVICES Engineer shall perform those services specified in "Scope of Services", a copy of which is attached hereto as Exhibit "I" and incorporated herein by reference and made a part hereof as though it were fully set forth herein. 2. E.!ll:l ~ AGREEMENT The services of Engineer are to commence within thirty (30) days after the City has authori zed work to start by issuance of a Noti ce to Proceed. The scheduled completion dates specifically set forth in Exhibit "2" attached hereto and incorporated herein as though set forth in full, will be adjusted by Engineer as the City authorized the work. Such adjustments shall require City approval prior to commencement of performance of each task. This Agreement shall expire as speci fied by the Exh1bi t "2" schedule unless extended by written agreement of the parties. 3. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Services", is made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be incorporated by written amendments to this Agreement and include any 5-15-89 1 EXHIBIT RAR increase or decrease in the amount of compensation due Engineer for the change in scope. Any change whi c h has not been so i ncorpora ted shall not bebi ndi ng on ei ther party. B. No extra services shall be rendered by Engineer under this Agreement unless such extra services are authorized, in writing, by City prior to performance of such work. Authorized extra services shall be invoiced based on Engineer's "Schedule of Hourly Rates" datedSeptember 6 1988, a copy of which is attached hereto as Exhibit "4" and incorporated hereln as though set forth in full. 4. COMPENSATION A. The City shall reimburse the Engineer for actual costs (including labor costs, employee benefi ts, overhead, profit, other direct and indirect costs) incurred by the Engineer in performance of the work, in an amount not to exceed $ 35,756.00 . Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibi t "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 Engi neer before commencement of performance of such s i gnifi cant a 1 tera ti on by Engineer. Any adjustment of the total cost of services will only be permitted when the Engineer establishes and City has agreed, in writing, that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to be performed: 2. Conditions under which the work is required to be performed; and 3. Dura ti on of work if the change from the ti me peri od specifi ed in the Agreement for Completion of the work warrants such adjustment. C. The Engineer is required to comply with all Federal, State and local laws and ordinances applicable to his work. The Engineer is required to comply with prevailing wage rates in accordance with California Labor Code Section 1775. 5. PAYMENT BY CITY -- The billings for all services rendered pursuant to this Agreement shall be submi tted monthly by Engi neer to Ci ty and shall be paid by Ci ty within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Engineer within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within ten (10) days of notice of such dispute. Interest of 1-1/2 percent per month (but not exceeding the maximum rate allowable 5-15-89 2 EXHIBIT DAn by law) will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit "I" shall be completed prior to final payment. B. The parties hereto otherwise agree not to be bound by any requirements for arbi tration of any dispute ari si ng 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 11 tigation 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 11 tigation and collection expenses, wi tness fees, and court costs, and attorney's fees shall be paid to the prevailing party. 6. SUPERVISION ~ ACCEPTANCE QE SERVICES A. The director of Public Works of City, or his designee, shall have the right of general supervision of all work performed by Engineer and shall be City's agent with respect to obtaining Engineer's compliance hereunder. No payment for any servi ces rendered under this Agreement shall be made wi thout prior approval of the Director of Public Works or his designee. 7. ASSURANCE OF COMPLIANCE WITH CIVIL RIGHTS LA\iS - - - Engineer hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. Engineer agrees to 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: employment; upgrading; recruitment or recruitment adverti sing; and promotion. In addi tion, Engi neer shall not excl ude 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. 8. TERMINATION OF AGREEMENT - A. This Agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following date of such notice within which to correct the substantial failure giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Engineer for all the fees, charges and services performed to City's satisfaction by Engineer, which finding of satisfaction shall not be unreasonably withheld. Engineer hereby covenants and agrees that upon termination of this Agreement for any reason, Engineer will preserve and make immediately available to City, or its designated representatives, maps, notes, correspondence, or records related to work paid for 5-15-89 3 EXHIBIT lor by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents shall be at the sole risk of the City and the City agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including Attorney's fees, and 11ab1iity arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit "4". B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to Ci~ and Ci~ shall compensate Engineer in the manner set forth above. 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. 9. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such fail ure shall not consti tute a defau1 t in performance, the City may grant to Engineer such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Engineer shall notify C; ty within three (3) days in writing when it becomes aware of any event or circumstance for which it claims or may claim an extension. 10. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the performance of the services provided for in this Agreement. Engineer shall furnish such services in its own manner and me thod and in no respect shall it be cons i dered an agen t or employee of City. 11. ASSIGNMENT OR SUBCONTRACTING - Neither this Agreement, nor any portion thereof, may be assigned by Engineer without the written consent of City. Any attempt by Engineer to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this agreement. All subcontracts exceeding $10,000, shall contain all provisions of this contract. 5-15-89 4 EXHIBIT "A" 12. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Engineer and City: ENGINEER CITY - GFB-Friedrich & Assoc, Inc. 6809 Indianna Avenue Sui te 201 Riverside, CA 92506 Mr. Roger G. Hardgarve Of rector of Pub 11 c Works/ Ci ty Engi neer 300 North "0" Street San Bernardino, CA 92418 13. RESPONSIBILITIES OF PARTIES - A. The Engineer may reasonably rely upon the accuracy of data provided through the City or its agents without independent evaluation. B. Upon completion of all work under this Agreement, Engineer wf11 transfer ownership and title to City of all reports, documents, plans and maps. 14. COVENANT AGAINST CONTINGENT f!i Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Engineer for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwide recover, the full amount of such commission, percentage, brokerage or .contingent fee. 15. J:!QhQ HARMLESS CLAUSE A. Engineer hereby agrees to and shall 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 dallage which may arise solely from Engineer's negl1gent acts, errors or omi ssions IIlder this Agreement. B. Engineer shall indemnify, defend and hold free and harmless the City, its officers and its employees from all claims, damages, costs, expenses, and l1abil1ty, including, but not lfmited to attorney's fees imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, its officers, employees, agents and other duly authorized representatives, of programs or processes supplied to City by Engineer under thi s Agreement. 5-15-89 5 EXHIBIT "An 16. INDEMNITY Engineer shall indemnify. defend and hold harmless City from and against any and all claims. demands. suits. actions. proceedings. judgments, losses. damages, injuries. penalties. costs. expenses (including attorneys' fees) and lfabflities. of. by. or with respect to third parties. which arise solely from Engineer's negligent performance of services under this Agreement. Engineer shall not be responsible for. and City shall indemnify. defend and hold harmless Engineer from and against. any and all claims. demands. suits. actions. proceedings. judgments. losses. damages. injuries. penalties. costs. expenses (i ncl udi ng attorney's fees) and liabflitfes of. by or with respect to third parties. which arise solely from the City's neg1fgence. With respect to any and all claims. demands. suits. actions. proceedings. judgments. losses. damages. injuries. penalties, costs. eXfenses (including attorney's fees) and liabflities of. by or with respect to th rd parti es. which ari se from the joi nt or concurrent neglf gence of Engi neer and City. each party shall assume responsibility in proportion to the degree of its respective faul t. 17. LIABILITY/INSURANCE A. Engineer's lfabflfty 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 Engineer other than for professional errors and omissions. will be limited to $1,000.000. For any damage on account of any error. omission or other professional neglfgence. Engineer's lfabil1ty will be limited to a sum not to exceed $50.000 or Engineer's fee. whichever is greater. B. The Ci ty will requi re the Engi neer to provide Workers Compensati on and comprehensive general liability insurance, including completed operations and contractual lfabflfty. with coverage sufficient to insure the Engineer's indemnity, as above required; and, such insurance will include the City. the Engineer. their consultants. and each of their officers, agents and employees as additional insureds. C. Engineer shall provide evidence of insurance in the form of a polfcy of insurance. in which the City is named as an additional named insured to the extent of the coverage required by this Agreement. 18. 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. 5-15-89 6 EXHIBIT "A" 19. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parti es hereto and supercedes all pri or and contemporaneous negotia ti ons. 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 first above written by their respective officer duly authori zed in that behalf. ~~~ Cf y er CITY Of SAN BERNARDINO a mun ipal corporation ATTEST: Approved as to form and legal content: JAMES F. PENMAN, City Attorney '/{)t~rf~ 5-15-89 7 EXHIBIT "An Exhibit "I" VERDEMONT AREA IMPROVEMENT ASSESSMENT DISTRICT SCOPE OF SERVICES In connection with the subject assessment district, Engineer shall provide the following assessment engineering services pur- suant to 1913 Act proceeding and 1915 Act bond requirements: 1. In coordination with City, identify improvements eligible for inclusion within the proposed assessment district and incorporate those items within description of work for proposed assessment district project. 2. In coordination with City, determine district that will incorporate properties to be assessed. boundary for assessment therein the benefited 3. Make preliminary determination as to extent of nonassessable properties, as this would affect the concept of assessment district formation. This would include Federal, State, City and local agency-owned properties, cemeteries, etc., if any. 4. Review proposed facilities and determine if any areas out- side of the district will receive benefit from proposed facilities. If such is the case, make provisions for out- side contributions. 5. In coordination with City, prepare assessment spreads. 6. Coordinate with City staff, appraisal engineer, design en- gineer, bond counsel and financial consultant and/or bond underwriter selected for this project. 7. Assist in preparation of detailed time schedule for assess- ment proceeding. 8. Prepare boundary map, assessment diagram and property owner data base utilizing the current San Bernardino County Assessor's computer tape, maps and rolls. 9. Prepare cost estimate which includes construction cost data provided by City or City's consultants, and the incidental costs associated with assessment district. Make subsequent revisions as necessary. 1-1 10. Prepare the Preliminary Engineer's Report which will contain the plans and specifications. cost estimate with inciden- tals. assessment roll. method of assessment. assessment diagram and the description of work. 11. Prepare and post notices of assessment. 12. Prepare "Notice of Assessment Amount" (computer) containing (preliminary/confirmed) assessment amount, ownership name and address, assessment number and Assessor's parcel number. These notices will be prepared for two (2) mailings for Notification of Public hearing and notification of Confirmed Assessment. 13. Provide affidavits of mailing and posting. 14. Attend property owner meetings and staff meetings (maximum of 5 meetings. not including public hearings). 15. Attend public hearings and present Engineer's Report (2 public hearings). 16. Prepare amended and bond bids item of work. Engineer's Report after opening construction to reflect Contractor's bid prices for each 17. Upon completion of public hearing on assessment spread, make such revisions as are ordered by City Council. 18. Submit property owner's list, map. preliminary cost spread- ing, and other pertinent data to City in a report format upon completion of project. 19. Assist in filing and recording of diagram and boundary maps and Notice of Assessment. as required by assessment district proceedings. 20. Prepare collection lists for thirty (30) day cash collection period. In setting forth the Scope of Services. Engineer will receive the following assistance and items from City: a. Computer tape of Assessor information from San Bernar- dino County Assessor's office. b. Up-to-date maps, plans, reports and other data relating to each project. 1-2 c. Po.tare, envelopes and City letters for mailings. d. All appropriate cost estimates necessary for inclusion in Engineer's Report. e. Right-of-entry upon public and private property, as required. f. Other consultants whose services are required to com- plete project. g. Recording fees or other fees that are required to meet legal requirements. END 1-3 Exhibit "2" VERDEMONT AREA IMPROVEMENT ASSESSMENT DISTRICT PROJECT SCHEDULE Engineer shall adhere to the following project schedule, subject to scheduling revisions as determined by the project team and to the "CONTINGENCIES" clause in the master AGREEMENT. The comple- tion of the following work tasks is based on key project events. All reference to days or weeks means calendar days or weeks. Work Tasks Schedule 1. Complete preparation of Boundary Map and Assessment Diagram 8 weeks prior to setting Resolution of Intention (ROI) to form District 2. Complete preliminary assessment spread 6 weeks prior to setting ROI 3. Complete preliminary Engineer's Report 4 weeks prior to setting ROI 4. Set Resolution of Intention to form District 5. Record Boundary Map Within 5 days after setting ROI 6. Mail "Preliminary Notices" and post property Within 10 days after setting ROI 7. Accept construction bids 10~ days prior to Protest Hearing 8. Amend Engineer's Report 7~ days prior to Protest Hearing 9. Protest Hearing and approve District 30 to 45 days after setting ROI 10. Record Assessment Diagram & Notice of Assessment Within 5 days after Protest Hearing 2-1 11. Prepare 30-day Cash Collection List 12. Mail notices of Confirmed Assessment 13. Submit "Project Notebook" Within 10 days after Protest Hearing Within 10 days after Protest Hearing Within 60 days after Protest Hearing END 2-2 Exhibit "3" VERDEMONT AREA IMPROVEMENT ASSESSMENT DISTRICT COMPENSATION SCHEDULE The compensation Schedule. based on anticipated Scope of Services (Exhibit "1"). and Engineer's estimate of time and hourly rates required to complete each task plus outside costs, is detailed below. 1. Identify improvements and determine assessment district boundary. Principal 20 hours @ .82.00/hour $1,640.00 2. Determine non-assessable properties. Principal 6 hours @ $82.00/hour $ 492.00 3. Prepare preliminary assessment spread. Principal Computer 32 hours @ $82.00/hour Rapid Data, Inc. $2,624.00 600.00 $3,224.00 4. Prepare boundary maps, assessment diagrams. & property owner data base. Principal 16 hours @ $82.00/hour $1.312.00 Designer 12 hours @ $58.00/hour 696.00 Draftsperson 116 hours @ $48.00/hour 5,568.00 Engineer Aide 12 hours @ $22.00/hour 264.00 Computer Rapid Data. Inc. 500.00 Reproduction 600.00 $8,940.00 5. Prepare estimates for Engineer's Report. Principal 24 hours @ $82.00/hour $1,968.00 Clerical 8 hours @ $32.00/hour 256.00 $2.224.00 6. Prepare Preliminary Engineer's Report Principal 32 hours @ $82.00/hour $2.624.00 Clerical 12 hours @ $32.00/hour 384.00 Reproduction 85.00 $3,093.00 3-1 7. Prepare and post notices. Principal Draftsperson Engineer Aide Reproduction Lath . 8 hours @ $82.00/hour 24 hours @ $48.00/hour 24 hours @ $22.00/hour $ 656.00 1,152.00 528.00 150.00 200.00 $2,686.00 8. Prepare and mail "Notice of Assessment Amount" (two mail ings to each property owner within assessment district. Principal Clerical Engineer Aide Computer 16 hours @ $82.00/hour 32 hours @ $32.00/hour 8 hours @ $22.00/hour Rapid Data, Inc. $1,312.00 1,024.00 176.00 400.00 $2,912.00 9. Prepare for and attend staff meetings and owner meetings (maximum of 5 meetings). Principal Draftsperson Clerical 20 hours @ $82.00/hour 8 hours @ $48.00/hour 4 hours @ $32.00/hour $1,640.00 384.00 128.00 $2,152.00 10. Prepare for and attend public hearings, Engineer's Report (2 hearings) Principal 12 hours @ $82.00/hour and present $ 984.00 11. Prepare amended Engineer's Report and file with appropriate public officials. Principal Clerical Computer Reproduction 16 hours @ $82.00/hour 4 hours @ $32.00/hour Rapid Data, Inc. $1,312.00 128.00 250.00 85.00 $1,775.00 12. File and record boundary map, assessment diagram, and "Notice of Assessment." Principal Draftsperson Computer 8 hours @ $82.00/hour $ 4 hours @ $48.00/hour Rapid Data, Inc. 3-2 656.00 192.00 400.00 $I, 248.00 13. Prepare 30-day cash collection list Principal Computer 8 hours @ S82.00/hour S Rapid Data, Inc. 14. Project coordination and scheduling Principal 40 hours @ $82.00/hour TOTAL FEE COMPENSATION END 3-3 656.00 450.00 $1 ,106.00 $3,280.00 $35,756.00 September 6. 1988 EXHIBIT "4" GFB-FRIEDRICH & ASSOC.. INC. SCHEDULE OF HOURLY RATES CLASSIFICATION HOURLY RATE 1. Principal $ 82.00 per hour 2. Registered Engineer $ 68.00 per hour 3. Project Manager $ 60.00 per hour 4. Draftsperson/Field Inspector $ 48.00 per hour 5. Designer $ 58.00 per hour 6. 2-Man Survey Party $ 120.00 per hour 7. 3-Man Survey Party $ 159.25 per hour 8. Survey Computer $ 58.00 per hour 9. Clerical $ 32.00 per hour 10. Engineering Aide $ 22.00 per hour Sub-Consultllnts Sub-Consultant fee plus 101- Blueprints. Reproduction Vendor Costs & Courier Service Job Travel $ 0.36 per mile De Ii very $ 18.00 per hour plus mileage NOTE: Normal overtime will be invoiced at 1.50 times standard hourly rate. Overtime on Sundays and holidays will be invoiced at 1.75 times standard hourly rate. This Schedule of Hourly Rlltes is in effect through July 31. 1989 and shall be subject to annual revision based on changes in the cost of living and the Union Labor Agreement. . .