HomeMy WebLinkAboutR35-Development Services IGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Council and Commission Resolutions
approving Agreement with Republic ITS to
Dept: Development Services design and install banner poles and related
work on University Parkway north of
i
Date: February 28, 2008 Varsity Avenue.
k
i
File No. MCC Date: March 17, 2008
Synopsis of Previous Council Action:
None
Recommended Motion:
3
MOTION A
Resolution of the Community Development Commission of the City of San Bernardino ("Commission")
appropriating the sum of$107,216 from 2007-2008 State College Redevelopment Project Area Tax Increment
Funds ("Funds")to the City of San Bernardino ("City") for construction of Banner Poles and Related Work on
University Parkway, north of Varsity Avenue ("Public Improvements") and making certain findings and
determinations related to the construction of said Public Improvements and said Funds; and
MOTION B
Authorize the Director of Finance to amend the FY07-08 budget to create a new capital improvement project
and to appropriate $107,216 in the Street Construction Fund, Account No. 242-362-5504-XXXX, for the
"Design and installation of banner poles and related work on University Parkway north of Varsity Avenue" and
to budget revenue reimbursement for the project from the Economic Development Agency (EDA) in the
amount of$107,216; and
MOTION C
Resolution of the Mayor and Common Council of the City of San Bernardino ("Council") (1) approving and
authorizing the City Manager to execute an Agreement by and between the City of San Bernardino("City")and
Republic ITS ("Contractor") in the amount of$89,346 and (2) making certain findings and determinations and
consenting to the payment for Public Improvements by the Redevelopment Agency of the City of San
Bernardino ("Agency") in the not-to-exceed amount of$107,216 from the Agency's 2007-2008 State College
Redevelopment Project Area Tax Increment Funds.
04 / Z a►-
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203
Supporting data attached: Staff Report, Vicinity Map&Resolutions Ward: 5
FUNDING REQUIREMENTS: Amount: $107,216.00
Source: (Acct. No) 242-362-5504-XXXX
g5. Acct.Description: Banner Poles on University Parkway
3 Finance:
if I !LJU
Agenda Item No. 35*
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Council and Commission Resolutions approving Agreement with Republic ITS to design and
install banner poles and related work on University Parkway north of Varsity Avenue.
Background:
On November 6, 2007, the City issued a request for design/build proposals to design and install
banner poles and related work on University Parkway north of Varsity Avenue. The project
consists of designing and installing decorative poles, cables and connectors to support a 36' wide
banner spanning across the northbound lanes of University Parkway north of Varsity Avenue.
On October 1, 2007, the Mayor and Common Council approved a motion to direct the
Community Development Commission to authorize the request for $76,000 for the purchase and
installation of banner poles on University Parkway. This authorization was made prior to receipt
of bids.
Due to the wind forces exerted on the decorative poles with a banner in place, engineered plans
are required. For that reason, a design/build process was specified, leaving the successful bidder
with the responsibility of selecting or designing poles that are capable of withstanding the wind
forces (up to 100 miles per hour), preparing the construction plans and installing the banner poles
and related work.
Copies of a request for proposal (RFP) to design/build the project were sent to thirteen (13)
contractors in the local area who have indicated an interest in this type of work. In addition, the
project was advertised locally in the San Bernardino County Sun Newspaper, F. W. Dodge, High
Desert Plan Room, Construction Bid Board, Reed Construction Data and Bid America,
Construction Bid Source, Bid Ocean, the City's web site, and the San Bernardino Area Chamber
of Commerce. Proposals for the project were opened on November 26, 2007.
Only one bid was received and is listed below:
Name of Proposer City Amount of Basic
Bid
Republic ITS Riverside $89,346.00
Engineer's Estimate $50,000.00
The Engineer's estimate was based on informal bids obtained from local electrical contractors.
One of the local contractors indicated that the design/build requirement was not their type of
work. Others stated that that they were committed at the time to larger projects or that they were
not interested in the project.
The estimated total project cost is as follows:
Design/Build Cost(Basic Bid) $ 89,346.00
-Contingencies (Approx. 10%) $ 8,935.00
Construction Management & Inspection $ 8,935.00
Estimated Total Project Cost $ 107,216.00
2
02/28/08 12:08 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
Due to the fact that this was an unplanned public improvement project, there are no funds
available in the City's Capital Improvement Program. Consequently, the Mayor and Common
Council, on October 1, 2007, directed EDA staff to identify funding in the amount of$76,000 for
this project; however, that estimated amount was based on City staff estimates and not upon
actual bids. No further Community Development Commission action was ever taken on the
matter until the submittal of this agenda item. Therefore, it is proposed that the Agency
contribute the sum of$107,216, which includes the contract amount, 10% contingency, and 10%
for construction management and inspection, from State College Redevelopment Project Area
Tax Increment Funds. Both the Commission and Council are required to make certain findings
with regard to the use of tax increment revenues for public improvements. Said findings and
determinations are set forth in the attached Resolutions.
Financial Impact:
Funding in the amount of$107,216 will come from State College Redevelopment Project Area
Tax Increment Funds. The EDA has a companion resolution approving total funding in the
amount of$107,216.
A motion is included to amend the FY07-08 budget to create a new capital improvement project
and to appropriate $107,216 in the Street Construction Fund, Account No. 242-362-5504-
XXXX, for the "Design and installation of banner poles and related work on University Parkway
north of Varsity Avenue." The City will award the contract, administer the project, and pay the
contractor. The cost of the project will be reimbursed from the Economic Development Agency
(EDA) in the not-to-exceed amount of$107,216.
Recommendation:
MOTION A
Resolution of the Community Development Commission of the City of San Bernardino ("Commission")
appropriating the sum of $107,216 from 2007-2008 State College Redevelopment Project Area Tax
Increment Funds ("Funds") to the City of San Bernardino ("City") for construction of Banner Poles and
Related Work on University Parkway, north of Varsity Avenue ("Public Improvements") and making
certain findings and determinations related to the construction of said Public Improvements and said
Funds; and
MOTION B
Authorize the Director of Finance to amend the FY07-08 budget to create a new capital improvement
project and to appropriate $107,216 in the Street Construction Fund, Account No. 242-362-5504-XXXX,
for the "Design and installation of banner poles and related work on University Parkway north of Varsity
Avenue" and to budget revenue reimbursement for the project from the Economic Development Agency
(EDA) in the amount of$107,216; and
MOTION C
Resolution of the Mayor and Common Council of the City of San Bernardino ("Council") (1) approving
and authorizing the City Manager to execute an Agreement by and between the City of San Bernardino
("City") and Republic ITS ("Contractor") in the amount of$89,346 and (2) making certain findings and
determinations and consenting to the payment for Public Improvements by the Redevelopment Agency of
the City of San Bernardino ("Agency") in the not-to-exceed amount of $107,216 from the Agency's
2007-2008 State College Redevelopment Project Area Tax Increment Funds.
3
02/28/08 12:08 PM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
Attachments:
• Vicinity Map
• Community Development Commission Resolution
• Mayor and Common Council Resolution
4
02/28/08 12:08 PM
s
BANNER POLES ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE AND
SOUTH OF SHOPPING CENTER ENTRANCE
VICINITY MAP
o ®
1 RESOLUTION NO.
2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
OF SAN BERNARDINO ("COMMISSION") APPROPRIATING THE SUM OF $107,216
3 FROM 2007/2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX
4 INCREMENT FUNDS ("FUNDS") TO THE CITY OF SAN BERNARDINO ("CITY") FOR
THE CONSTRUCTION OF BANNER POLES AND RELATED WORK ON UNIVERSITY
5 PARKWAY, NORTH OF VARSITY AVENUE ("PUBLIC IMPROVEMENTS") AND
MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATED TO THE
6 CONSTRUCTION OF SAID PUBLIC IMPROVEMENTS WITH SAID FUNDS.
7 WHEREAS, the City of San Bernardino ("City") is a municipal corporation and charter
8 city, duly organized and existing pursuant to the provisions of the Constitution of the State of
9 California; and
10 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a
11 public body, corporate and politic, existing under the laws of the State of California, Health and
12 Safety Code 33000, et seq., and is charged with the mission of redeveloping blighted and
13 underutilized land, including the provision of public street improvements within the redevelopment
14 project areas; and
15 WHEREAS, the City desires to design, construct and install banner poles and related work
16 on University Parkway, north of Varsity Avenue ("Project Improvements") within the State
17 College Redevelopment Project Area- ("Project Area") and furthermore, after completing the
18 necessary bidding process, the City desires to retain Republic ITS as the contractor ("Contractor")
19 to perform said Project Improvements; and
20 WHEREAS, the Agency desires to assist the City in accomplishing said Project
21 Improvements by providing Tax Increment Funds in the maximum amount of$107,216, from the
22 Project Area; and
23 WHEREAS, pursuant to Health and Safety Code Section 33445, the Community
24 Development Commission of the City of San Bernardino ("Commission"), the governing body of
25 the Agency, must make certain findings and the Agency must obtain the consent of the Mayor and
26 Common Council of the City of San Bernardino ("Council") and the Council must make certain
27 findings prior to the Agency paying for the costs of installation and construction of said Project
28 Improvements which are publicly owned.
1 ,rZ -Z
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
1 OF SAN BERNARDINO ("COMMISSION") APPROPRIATING THE SUM OF $107,216
2 FROM 2007/2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX
INCREMENT FUNDS ("FUNDS") TO THE CITY OF SAN BERNARDINO ("CITY") FOR
3 THE CONSTRUCTION OF BANNER POLES AND RELATED WORK ON UNIVERSITY
PARKWAY, NORTH OF VARSITY AVENUE ("PUBLIC IMPROVEMENTS") AND
4 MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATED TO THE
5 CONSTRUCTION OF SAID PUBLIC IMPROVEMENTS WITH SAID FUNDS.
6 NOW, THEREFORE, THE COMIMUNITY DEVELOPMENT COMMISSION OF THE CITY
7 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER,AS FOLLOWS:
8 Section 1. The Commission hereby approves the allocation of 2007/2008 State College
9 Redevelopment Project Area Tax Increment Funds in the amount not to exceed $107,216 in order
10 for the City to award a contract to the Contractor to design, build and install the Project
11 Improvements; and the Commission further authorizes the Interim Executive Director of the
12 Agency to transfer to the City, the maximum amount of $107,216 for the construction of said
13 Project Improvements and pursuant to Health and Safety Code Section 33445, the Commission
hereby makes the following findings and determinations concerning the installation and
iL 14
15 construction of the Project Improvements to be constructed within the Project Area and determines:
16 (1) that the improvements are of benefit to the Project Area; (2) that no other reasonable means of
17 financing the Project Improvements are available to the community; (3) that the payment of the
18 cost of the Project Improvements will assist in the elimination of one or more blighting conditions
19 inside the Project Area; and (4) that the payment of said Project Improvements are consistent with
20 the Redevelopment/Implementation Plan for the Project Area.
21
22
23
24
25
26
27
28
2
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY
1 OF SAN BERNARDINO ("COMMISSION") APPROPRIATING THE SUM OF $107,216
2 FROM 2007/2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX
INCREMENT FUNDS ("FUNDS") TO THE CITY OF SAN BERNARDINO ("CITY") FOR
3 THE CONSTRUCTION OF BANNER POLES AND RELATED WORK ON UNIVERSITY
PARKWAY, NORTH OF VARSITY AVENUE ("PUBLIC IMPROVEMENTS") AND
4 MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATED TO THE
5 CONSTRUCTION OF SAID PUBLIC IMPROVEMENTS WITH SAID FUNDS.
6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
7 Development Commission of the City of San Bernardino at a meeting
8 thereof, held on the day of , 2008, by the following vote to wit:
9 Commission Members: Ayes Nays Abstain Absent
10 ESTRADA
11 BAXTER
12 BRINKER
DERRY
13
14 KELLEY
JOHNSON
15
MC CAMMACK
16
17
18 Secretary
19 The foregoing Resolution is hereby approved this day of 32008.
20
21 Patrick J. Morris, Chairperson
Community Development Commission
22 of the City of San Bernardino
23
Approved as to Form:
24
By:
25 Agency C nsel
26
27
28
3
1 RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO ("COUNCIL") (1) APPROVING AND AUTHORIZING THE CITY
3 MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO ("CITY") AND REPUBLIC ITS ("CONTRACTOR") IN THE AMOUNT
4 OF $89,346 AND (2) MAKING CERTAIN FINDINGS AND DETERMINATIONS AND
5 CONSENTING TO THE PAYMENT FOR PUBLIC IMPROVEMENTS BY THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") IN
6 THE TOTAL AMOUNT OF NOT TO EXCEED $107,216 FROM THE AGENCY'S 2007-
2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT
7 FUNDS.
8
WHEREAS, the City of San Bernardino (the "City"), is a municipal corporation and
9
charter city, duly organized and existing pursuant to the provisions of the Constitution of the State
10
of California; and
11
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is
12
a public body, corporate and politic, existing under the laws of the State of California, Health and
13
Safety Code 33000, et seq., and is charged with the mission of redeveloping blighted and
14
underutilized land within the redevelopment project areas; and
15
WHEREAS, the City desires to design, construct and install banner poles and related work
16
on University Parkway, north of Varsity Avenue ("Project Improvements") within the State
17
College Redevelopment Project Area ("Project Area"); and
18
WHEREAS, the City, on November 6, 2007, issued a request for designibuild proposals for
19
said Project Improvements; and
20
WHEREAS, the Agency desires to assist the City in accomplishing said Project
21
Improvements by providing tax increment funds from the Project Area in the amount of$107,216;
22
and
23
24 WHEREAS, pursuant to Health and Safety Code Section 33445, the Community
25 Development Commission of the City of San Bernardino (the "Commission"), the governing body
26 of the Agency, must make certain findings and the Agency must obtain the consent of the Mayor
and Common Council of the City of San Bernardino (the "Council") and the Council must make
27
certain findings prior to the Agency paying for the costs of installation and construction of said
28
Project Improvements which are publicly owned.
1
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
1 BERNARDINO ("COUNCIL") (1) APPROVING AND AUTHORIZING THE CITY
2 MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO ("CITY") AND REPUBLIC ITS ("CONTRACTOR") IN THE AMOUNT
3 OF $89,346 AND (2) MAKING CERTAIN FINDINGS AND DETERMINATIONS AND
CONSENTING TO THE PAYMENT FOR PUBLIC IMPROVEMENTS BY THE
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") IN
5 THE TOTAL AMOUNT OF NOT TO EXCEED $107,216 FROM THE AGENCY'S 2007-
2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT
6 FUNDS.
7 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED
8 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS
9 FOLLOWS:
10 Section 1. Republic ITS, 1266 North La Loma Circle, Anaheim, California 92806, is
11 competent, experienced and has submitted the only proposal for said Project Improvements, for
12 the not-to-exceed amount of$89,346 based on the proposal, dated November 26, 2007, attached
13 as Attachment"1" and incorporated herein.
14 Section 2. Pursuant to Health and Safety Code Section 33445, the Council hereby
15 makes the following determinations concerning the installation and construction of the Project
16 Improvements which are publicly owned and determines: (1) that the improvements are of
17 benefit to the Project Area; (2) that no other reasonable means of financing the Project
18 Improvements are available to the community; (3) that the payment of the cost of the Project
19 Improvements will assist in the elimination of one or more blighting conditions inside the Project
20 Area; and (4) that the payment of said Project Improvements are consistent with the Project Area
21 Redevelopment/Implementation Plan, and the Council hereby consents to the payments to be
22 made by the Agency for the Project Improvements as set forth in the Recitals of this Resolution.
23 Section 3. The City Manager, on behalf of the City, is hereby authorized and directed
24 to execute the Agreement with Republic ITS, attached as Exhibit"A", and incorporated herein.
25 Section 4. The authorization to execute the above-referenced Agreement is rescinded
26 if it is not executed within sixty(60) days of the passage of this Resolution.
27
28
2
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
I BERNARDINO ("COUNCIL") (1) APPROVING AND AUTHORIZING THE CITY
2 MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN
BERNARDINO ("CITY") AND REPUBLIC ITS ("CONTRACTOR") IN THE AMOUNT
3 OF $89,346 AND (2) MAKING CERTAIN FINDINGS AND DETERMINATIONS AND
CONSENTING TO THE PAYMENT FOR PUBLIC IMPROVEMENTS BY THE
4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") IN
5 THE TOTAL AMOUNT OF NOT TO EXCEED $107,216 FROM THE AGENCY'S
2007/2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT
6 FUNDS.
7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
8 Common Council of the City of San Bernardino at a meeting
9 thereof, held on the day of , 2008, by the following vote to wit:
10 Council Members: Ayes Nays Abstain Absent
11 ESTRADA
BAXTER
12 .
BRINKER
13
DERRY
14
KELLEY
15
JOHNSON
16
MC CAMMACK
17
18 Rachel G. Clark, City Clerk
19
20 The foregoing Resolution is hereby approved this day of , 2008.
21
22
23 Patrick J. Morris, Mayor
City of San Bernardino
24
Approved as to Form:
25
26
By:
27 J es F. Penman
ity Attorney
28
3
EXHIBIT "A"
AGREEMENT FOR DESIGNIBUILD SERVICES FOR THE DESIGN AND
INSTALLATION OF BANNER POLES ON UNIVERSITY PARKWAY NORTH
OF VARSITY AVENUE
THIS AGREEMENT is made and entered into this day of ,
2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city ("City"), and REPUBLIC ITS ("Contractor").
WITNESSETH :
A. WHEREAS, City proposes to have Contractor provide Design/Build Engineering
Services for the design and installation of Banner Poles on University Parkway north of
Varsity Avenue as described herein below; and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Contractor desire to contract for specific services in
connection with the project described below (the "Project") and desire to set forth their
rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scope of Services. Contractor shall provide Civil and Construction
Engineering Services for the design and installation of Banner Poles on University
Parkway north of Varsity Avenue to City in accordance with the scope of services, and
timeline, attached and incorporated herein as Attachment "1". Contractor shall
accomplish the design of the Banner Poles on University Parkway north of Varsity
Avenue in accordance with standards of the City and the requirements of the Request for
Design/Build Proposal, attached and incorporated herein as Attachment"2".
1.2. Professional Practices. All professional and contractual services to be
provided by Contractor pursuant to this Agreement shall be provided by personnel
experienced in their respective fields and in a manner consistent with the standards of
care, diligence and skill ordinarily exercised by professional Contractors in similar fields
and circumstances in accordance with sound professional practices. Contractor also
warrants that it is familiar with all laws that may affect its performance of this Agreement
and shall advise City of any changes in any laws that may affect Contractor's
performance of this Agreement.
\\Sierra\DS\-Public Works\RFCA's\2008 A11\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles
on University at Varsity.doc.doc
1
EXHIBIT "A"
1.3. Warranty. Contractor warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement. Contractor
shall indemnify, defend, and hold harmless City from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against City for, or
on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of Contractor's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Contractor shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Contractor acknowledges that City may enter
into agreements with other Contractors for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assi n ment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
1.7. Business License: The Contractor shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Contractor understands and
agrees that as the City's Design/Build Contractor, Contractor shall maintain a fiduciary
duty and a duty of loyalty to the City in performing Contractor's obligations under this
Agreement. Contractor, in performing its obligations under this Agreement, is governed
by California's conflict of interest laws, Government Code Section 87100 et seq., and
Title 2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be
compensated for such services for the fixed amount of $89,346.00 as indicated in
Attachment "2", attached and incorporated herein.
2.2. Additional Services. Contractor shall not receive compensation for any
services provided outside the scope of services specified in this Agreement unless the
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EXHIBIT "A"
City, prior to Contractor performing the additional services, approves such additional
services in writing. It is specifically understood that oral requests and/or approvals of
such additional services or additional compensation shall be barred and are
unenforceable.
2.3. Method of Billing. Contractor may submit invoices to the City Engineer
for approval on a progress basis, but no more often than monthly. Said invoice shall be
based on the total of all Contractor's services which have been completed to City's sole
satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date
City receives said invoice. Each invoice shall describe in detail, the services performed
and the associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as "Additional Services" and shall
identify the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to the City Engineer for inspection and/or audit at
mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services shall be completed within five (5) months
unless otherwise approved by the City Engineer. Failure to commence work in a timely
manner and/or diligently pursue work to completion may be grounds for termination of
this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the.party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue until satisfactory completion of all work contemplated herein. The date of
satisfactory completion shall be the date of recording by the City Engineer of the "Notice
of Completion" for the project.
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Contractor. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Contractor shall
immediately stop rendering services under this Agreement unless directed otherwise by
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University at Varsity.doc.doc
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EXHIBIT "A"
the City.
4.3. Compensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Contractor.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Contractor in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Contractor, at no cost to City. Any use of uncompleted
documents without specific written authorization from Contractor shall be at City's sole
risk and without liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Contractor
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
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EXHIBIT "A"
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Contractor shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Contractor called for by this Agreement, except as otherwise expressly provided
in this Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly
with Contractor in the performance of this Agreement.
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EXHIBIT"A"
Contractor shall designate a Project Manager who shall represent it and be
its agent in all consultations with City during the term of this Agreement. Contractor or
its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONTRACTOR: IF TO CITY:
Republic ITS Valerie C. Ross
1266 N. La Loma Circle Director of Development Services
Anaheim, CA 92806 300 North "D" Street
San Bernardino, CA 92418
Fax: 714-630-2828 Fax: 909-384-5080
Tel: 714-630-2100 Tel: 909-384-5357
6.5. Attorneys' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
6.7. Assignment. Contractor shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Contractor's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Contractor of Contractor's obligation to perform all other
obligations to be performed by Contractor hereunder for the term of this Agreement.
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EXHIBIT "A"
6.8 Indemnification and Hold Harmless. Contractor shall protect, defend, indemnify
and hold harmless City and its elected and appointed officials, officers, and employees
from any and all claims, liabilities, expenses, including attorney's fees, damage to
property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of Contractor, its employees, agents or subcontractors in the performance of
this Agreement.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Contractor and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Contractor or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Contractor agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Contractor. City shall
indemnify and hold harmless Contractor from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Contractor. Contractor shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Contractor has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Contractor, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is defined in the California Government Code Section 6254.7, and of which
Contractor informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
shall not, in any way, be liable or responsible for the disclosure of any trade secret
including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.12. Responsibility for Errors. Contractor shall be responsible for its work and
results under this Agreement. Contractor, when requested, shall furnish clarification
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EXHIBIT "A"
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Contractor occurs, then Contractor shall, at no cost to
City, provide all necessary design drawings, estimates and other Contractor professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.13. Prohibited Employment. Contractor will not employ any regular
employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City and Contractor and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy with respect to any occurrence or
event shall not be deemed a waiver of any right or remedy with respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
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EXHIBIT "A"
6.21. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall
not affect the validity or enforceability of the remaining terms and provisions hereof or of
the offending provision in any other circumstance.
6.22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
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EXHIBIT "A"
AGREEMENT FOR DESIGN/BUILD SERVICES FOR THE DESIGN AND
INSTALLATION OF BANNER POLES ON UNIVERSITY PARKWAY NORTH
OF VARSITY AVENUE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO, REPUBLIC ITS
A Municipal Corporation, Contractor
By
Fred Wilson, City Manager Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
By
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A I I AUHMEIN 1 -1-
Proposal to:
Republic City O
ITS San Bernardino
California: ~� _ ', 1 '.',-f4
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Corporate Headquarters �l$ A x -•• ''
371 Bel Marin Keys Blvd,Suite 200
Novato,CA 94949 `'", Yy
(800) LIGHTS-ON k it �y4�fs '�_�� rk•i M *i ;s
Phone:(415)884-3000 � r� z^=.; .� •y
Fax:(415)884-4800 ,� ♦ !. L -` r
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2240 Business y,:: . t r �,
Riverside,CA 92501 , ,,
Phone:951
Fax:951-784-6700
3765 Yale Way 4 i
Fremont,CA 945381 r 'x `c •�
Phone:(510)440-8127
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Fax:(510)440-1751 (. �� ;�f a z•r� riy r
1513 Sports Drive
Suite 250
Sacramento,CA 95834
Phone:(916)515-0855
Fax:(916)515-0865 Proposal to
1266 N.La Loma Circle
Anaheim, 92806-1801 Design and Install
Phone:(714)4)630-2100
Fax:(714)630-2828 Banner Poles and Related Work
9932 Prospect Avenue
Santee, CA 92071 on University Parkway north of
Phone:(619)562-1104
Fax:(619)562-1125 Va rs i ty Avenue
Massachusetts:
8 Progress Road
Billerica,MA 01821-5730 November 26, 2007
Phone:(781)647-8897
Fax:(781)891-9477
Texas:
2725 114"'Street
Grand Prarie,T\ 75050
Phone: (817)633-5300
= Fax: (817)633-5350
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TABLE OF CONTENTS
COMPANY PROFILE 1
SCOPE OF SERVICES 4
DESIGN STAFF 6
TIMELINE................................................................ 8
PREVIOUSOBLIGATIONS.................................................................................................................................13
SUB-CONTRACTORS AND VENDORS..........................................................................................................14
PRELIMINARY DESIGN OF BANNER POLE SYSTEM................................................................................Is
LOCAL PREFERENCE ELIGIBILITY.................................................................................................................20
fiCITY-FURNISHED ITEMS...................................................................................................................................22
COMMENTSOR SUGGESTIONS.....................................................................................................................23
ACKNOWLEDGEMENT OF ADDENDA.........................................................................................................24
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COMPANY PROFILE
Republic ITS is an electrical contracting and transportation engineering firm founded in December 1991.
A California licensed contractor, the company specializes in routine and on-call services to public
agencies, including engineering studies and installation or maintenance of traffic signals and streetlights.
Republic ITS' national staff of more than 200 employees includes an array of professional engineers and
qualified technicians with numerous industry manufacturer and systems certifications.
In 1991, the founders formed Republic ITS with a vision of providing excellent technical service within a
framework of highly professional customer service, and a commitment to delivering new services such
as design-build and enhancing time-honored traditions with new technology.
After 15 years of successful growth, Republic ITS prides itself in providing a complete turnkey solution
to transportation projects. This is highlighted by our extensive experience, exemplary staff, and solid
commitment to providing exceptional customer service. Experienced qualified personnel, customer
service, response time, and innovation in the traffic signal and streetlight business are priorities of our
organization. Because of our performance, the company now provides on-call transportation
engineering services to over 50 public agencies and private companies.
Republic ITS' core business is traffic signal and streetlight maintenance and professional traffic
engineering services. Our firm currently services over 4,500 traffic signalized intersections and 125,000
streetlights under long-term maintenance agreements nationwide. We are dedicated to meeting and
exceeding the challenging public safety requirements associated with the streetlight and traffic signal
maintenance industry. Republic ITS will use a combination of highly qualified personnel, a fleet of
specially outfitted vehicles, the latest tools and equipment, and our unmatched knowledge,
understanding, and experience in the streetlight and traffic signal industry to meet the needs of the City
of San Bernardino.
We currently:
o Maintain streetlighting and/or traffic signals in eighty-nine (89) communities across Northern
California
c Maintain streetlighting and/or traffic signals in sixty-nine (69) communities across Southern
California
o Maintain streetlighting in over fifty (50) communities across Massachusetts and Texas
C Provide engineering services for over twenty-five (25) public agencies and private companies
o Have installed over 300,000 LED traffic signal retrofit kits for more than 100 public agencies
across the United States
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As the leader in the private streetlight and traffic signal and maintenance industry in California, Republic
ITS is able to provide unparalleled expertise and outstanding value in street lighting and traffic signal
related projects. Our strong partnerships established with a multitude of street lighting and traffic signal
vendors, distributors, and wholesalers, gives us a tremendous opportunity to provide low-cost solutions
to our customers.
Our expertise from traffic signal and streetlight industry lends itself directly to banner pole installation
projects. The required skills are the same and are summarized as follows:
✓ Completing site designs
✓ Coordinating with utility companies
✓ Potholing
✓ Forming and installing foundations
✓ Transporting and installing poles
✓ Owning and regularly using necessary equipment
Republic ITS understands the challenges designing and installing banner pole projects, avoiding utility
conflicts, obtaining permits, being responsible for job site conditions, and completing work on schedule
and budget. With an extensive staff of IMSA-certified traffic signal technicians, electricians, laborers and
registered Professional Engineers, we believe Republic ITS will provide the best possible service to the
City of San Bernardino.
REPUBLIC ITS OFFICE LOCATIONS
Republic ITS's Corporate Headquarters are located in Novato, California with additional offices
throughout California, Massachusetts, and Texas. Staff proposed to work on the banner pole project
are located in Riverside and Fremont. All our office locations are shown on the cover.
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ENGINEERING & PROFESSIONAL SERVICES
Republic ITS' Engineering Services Group offers a full spectrum of engineering services. Our team of
licensed Traffic and Civil Engineers and International Municipal Signal Association (IMSA) technicians
offer a complete turn-key solution to your transportation engineering needs. Our ultimate goal is to
provide municipalities with exceptional, cost effective traffic engineering support to meet all their
transportation engineering requirements.
Traffic Operations Services
Republic ITS' staff of California licensed civil and traffic engineers teamed up with IMSA-certified
electricians have a combined extensive knowledge and experience in the design, build, and maintenance
of various ATMS systems and its equipment and components. Systems we have maintained and operate
include but not limited to the following proprietary systems: Multisonics VMS 220 & 330, Naztec
Streetwise Systems, Eagle ACTRA Systems, BI-Tran Systems, and Traconet Systems.
Republic ITS recognizes that emerging ATMS technologies is becoming a trend of any municipal
infrastructure whereas municipal focus has come to the deployment of more Intelligent Transportation
Systems (ITS). As such, Republic ITS has established powerful partnerships with over 166 municipalities
statewide where Republic ITS staff has gained extensive knowledge and experience in various ATMS
system design, integration, implementation, and maintenance. As a service maintenance provider for
various agencies, Republic ITS has acquired the unique ability of keeping abreast with emerging ATMS
technologies being implemented statewide. This, in turn, creates the added benefit and resource for
Republic ITS clientele, as well as Republic ITS staff internally, to learn from other agencies and the
greater ability to provide expedient maintenance and troubleshooting.
Analysis Services
• Conduct stop control and traffic signal warrant
evaluations 4
• Evaluate existing illumination levels
• Develop, maintain and analyze collision databases
for long term tracking of transportation system I•Y . �;.
safety performance and potential for mitigations
• Perform intersection level of service, timing and
coordination analysis using Synchro, Sim Traffic, or _
TRANSYT 7F
General Transportation Engineering Services =r -
• Pursue various Federal, State, or Regional funding programs such as TEA-21, Safe Routes to
School, Hazard Elimination Safety, Transportation Fund for Air Quality, Transportation for
Livable Communities, Regional Traffic Signal Timing and utility rebate programs
• Develop and recommend specific, signing, striping and streetlighting specifications and standards
• Evaluate and address various citizen and motorist traffic safety requests and concerns
Provide inspection and construction management services for traffic signals and streetlighting
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SCOPE OF SERVICES
Republic ITS will complete the design and installation services with the following work tasks.
Design Phase
✓ Hold a kickoff meeting with City staff, request the following input:
o Right-of-way mapping
o Aerial photography
o Utility company contacts (name, phone, and address)
o CAD Standards
o Sample plans with approved format
o A copy of the City's Standard Drawings
✓ Prepare technical specifications for materials that match the requirements in the Request for
Proposal (RFP), or a mutually agreed
✓ Prepare plan drawings in conformance with City CAD standards and the requirements in the
RFP
✓ All dimensions will be accurate plus or minus one foot, precise horizontal control is not
included, vertical control is not included
✓ Relevant existing conditions will be shown within 100 feet of the installation. Existing facilities
that are not affected by the banner pole installation will not be considered relevant.
✓ Send draft design sheets to utility companies to have existing underground utilities marked.
Utility information that may conflict with the banner pole installation will be shown on the
plans. Any utility more than 20 feet from a foundation will not be shown on the plans.
✓ Prepare detail sheets to show foundation reinforcing, anchor bolts, cables, clamps, connectors.
✓ Call USA to have utilities marked, record markings on the plans
✓ Adjust design to avoid potential conflicts
✓ Pothole utilities where conflicts appear unavoidable
✓ Periodically:
Update the project schedule and transmit it to City staff
Send copies of utility correspondence to City
c Update the installation cost estimate and inform City staff of any changes from the
original or latest costs.
AN 4 ('nnfJ�ura/rC!'rnlarrvnn
ATTACHMENT "1
To:
Republic "
ITS
San Bernal. ino
✓ Submit the design package for City review at the Draft and Pre-Final levels of completion, with
plan sheets in I I"x 17" bond paper and Adobe electronic formats and technical specifications in
8 '/2" x I I" paper and MS Word electronic formats.
✓ Meet with the City for the kickoff meeting and to receive comments on the Draft submittal.
✓ Deliver electronic AutoCAD files and mylar plots of the final plans after construction is
complete and AsBuilt changes are incorporated.
Construction Phase
✓ Update or confirm construction cost estimate
✓ Submit required bonds as listed in the RFP
✓ Schedule a pre-construction conference
✓ Prepare and submit weekly work schedule, update if required by changes
✓ Coordinate with inspector
✓ Document field conditions to include digital photographs of existing concrete and landscaping
improvements
✓ Furnish and install banner poles as required in the RFP, plans, and technical specifications
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ATTACHMENT "1"
To:
Republic
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DESIGN STAFF
The key strength of our team lies in the regularity with which we perform traffic signal timing and
coordination work. Our staff is focused on providing traffic engineering services to our agency clients,
often on an on-call basis. We are able to balance our workload and schedule work with realistic
deadlines because of the flexibility of our on-call services and our ability to call on help from available
staff when needed.
W
Iro
Principal-in-Charge
James Wagner, PE
0 Republic ITS
Steve Fitzsimons, Quality Control
PE, TE Andrew Poster, PE,
Project Manager TE, PTOE
Design Team
Mike Kato, PE—Associate Engineer
Beza Kedida—Assistant Engineer
Mark Futhey—Construction Foreman
Gary Keller—Foundation Design'
Field Technicians, Data Collection and Programming
South Coast Lighting and Design
The following paragraphs highlight the role of each key staff member.
Jim Wagner, PE, Principal in Charge — Jim will act as a shareholder of Republic ITS and review all
contractual items. He will also serve as a resource in the event the project team does not perform to
the satisfaction of the City.
Steve Fitzsimons, PE, TE, Project Manager — Steve will serve as the primary point of contact for the
City. He will attend all project manager meetings. He will be in technical charge of all work tasks
developed for this contract.
AV Andrew Poster, PE, TE, PTOE, Quality Control — Andy will perform a high level review of all work
products. He will ensure products meet the contract requirements.
KEP! /Uh ITS 6 C',ut/iJrnrin!X I'rr,/n iy u�
ATTACHMENT "I"
To:
I'15
,San Bernardino
Mike Kato, PE — Associate Engineer — Mike will serve as lead CAD designer. He will complete the
coordination work with utility companies and will incorporate details furnished by South Bay Lighting
into the design drawings.
Beza Kedida, Assistant Engineer — Beza will be responsible for data collection and assisting with design
tasks delegated by Mike.
Mark Futhey, Construction Foreman — Mike is a senior electrician with Republic ITS and will supervise
the banner pole installation.
Gary Keller, PE —Will be in charge of preparing the foundation design and selecting the banner poles.
Field Technicians — The field technicians will assist with data collection, especially in terms of
collecting existing timing plans and As Built drawings and photographs of controller cabinets. They will
also help with implementation and fine tuning.
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TIMELINE
Republic ITS will complete the scope of services according to the timeline shown in the table below.
Work Item Time from NTP Cumulative Time
Notice to Proceed (NTP) 0 weeks 0 weeks
Kickoff Meeting/Field Review/Pole Submittal* I week I week
Release Pole Order (16 week lead time) 16 weeks 17 Weeks
Base Mapping/Utility Information Requests I week 17 weeks
Draft Design/USA Utility markings 2 weeks I7 weeks
City Review (Per RFP) 3 weeks 17 weeks
Pre-Final Design (Construction Ready) 3 weeks 17 weeks
City Review (Per RFP) 3 weeks 17 weeks
Update construction cost estimate/submit bonds I week 17 weeks
Pre-construction conference I week 17 weeks
Document field conditions I week** 17 weeks**
Installation 4 weeks 21 weeks
Notes:
* = We will work with the City to approve a pole type and style as soon as possible after the Notice to
Proceed to minimize the impact of the long lead time for the poles.
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SIMILAR PROJECT EXPERIENCE
Republic ITS and South Coast Lighting and Design have completed several banner pole installation
projects in the last few years. Details are included below and on the following pages.
Republic ITS has been extremely successful retaining our traffic signal, streetlight, and engineering
customers due to our never-ending desire to offer the best possible customer service. Republic ITS has
an exemplary customer service track-record highlighted by our well qualified field personnel,
knowledgeable customer service representatives, and proprietary detailed monthly reports. We
understand what is required to build and maintain a community's electrical infrastructure and exceed
our customer's expectations. We welcome and encourage you to contact the references list below to
learn more about Republic ITS.
Republic ITS experience is summarized on the following pages. We have not completed similar work as
part of a team with South Coast Lighting and Design before. South Coast Lighting and Design
experience is summarized below:
City of Paramount—2 locations
Completion Dates: 2005 and 2006
Reference:
Chris Cash, Public Works
15300 Downey Ave.
Paramount, CA 90723
(562) 220-2020
City of Westminster— I location
Completion Date: 2007
Reference:
Jake Ngo, Public Works
Public Works Administration/Engineering
8200 Westminster Boulevard
Westminster, CA 92683
(714) 898-3311
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ATTACHMENT "1"
To:
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Project Title: Install Banner Poles and Foundations
Location: Sir Francis Drake Boulevard,
Hcpublic San Anselmo, CA
ITS Client Town of San Anselmo
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Project Description:
Republic ITS furnished and installed two banner poles for the Town of San Anselmo. The project
involved demolishing the existing banner pole foundations, hand digging and constructing new
concrete foundations and installing the new banner poles. Work was completed in December 2002.
Reference:
Rabi Elias
Director of Public Works
Town of San Anselmo
Ph: (415) 258-4616
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Project Title: Install Promotional Banner System
Location: Vista Village Drive at Indian Avenue,
Republic Vista, CA
ITS Client City of Vista
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Project Description:
Republic ITS provided the installation of a promotional banner system in the City of Vista. This
project involved digging and pouring two type 26-2-129 foundations, furnishing and installing two
banner poles, and suspending two hi-strength span cables between the two poles. Work was
completed in November 2006.
Reference:
Mikhail Ogawa
Project Engineer
City of Vista
Ph: (760) 726-1340
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ATTACHMENT "1"
To:
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Sall B('I-Rd r IIIII
Project Title: Remove and Replace Damaged Banner Poles
Location: Two Locations on Fourth Street,
Reptibtic San Rafael, CA
Irs Client: County of Marin
I; In'.ulligunt
Tronsportl+tion
Sa vii:cb
Project Description:
Republic ITS replaced four banner poles on Fourth Street in the City of San Rafael. The poles had
sustained damage due to extensive wind in April 1999. Republic removed the damaged poles and
replaced them with reinforced steel poles. Work was completed in May 1999.
Ar Reference:
Farhad Mansourian
Director of Public Works
County of Marin
�. Ph: (415) 499-6530
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ATTACHMENT "1"
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ITS
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PREVIOUS OBLIGATIONS
Republic ITS design staff spend the large proportion of our time on on-call tasks for local agency clients.
At any given time we are 100% committed to project work for the next week, about 50% committed
for the following two weeks, and have no work commitments more than 3 weeks out. As such, our
design staff are 100% available to complete the design work for this contract.
Our field staff are typically 50% committed to ongoing traffic signal and streetlight maintenance projects
and 50% to new construction work. At this time of year, however, our construction backlog is light and
we anticipate new bidding opportunities to be advertised over the next few months. At the present
time, our new construction project staff is available to install the banner poles for San Bernardino as
soon as the design is approved.
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ATTACHMENT "1"
To:
Republic .x.
Berndr inn
SUB-CONTRACTORS AND VENDORS
Republic ITS has one proposed sub-contractor, South Coast Lighting and Design. They will furnish the
banner poles and design the banner pole foundations.
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ATTAC u n
To:
Republic
T
Situ Berttilr iou
PRELIMINARY DESIGN OF BANNER POLE SYSTEM
Concept sketches of the banner pole system are shown on the following pages.
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ATTACHMENT"1"
To:
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Republic 1 '
ITS
San Ilitrnar Ino
LOCAL PREFERENCE ELIGIBILITY
Republic ITS does not have an office in San Bernardino. The work for this contract will be done out of
our Riverside office.
A copy of our previous business license with the City is included on the following page. The license has
expired but can be renewed if awarded work with the City.
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• . ATTACHMENT "1"
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CITY OF SAN BERNARDINO
BUSINESS REGISTRATION CERTIFICATE
ACCOUNT This Stamen Reyutntion CenlGeve doer not indiate the legal opmttion of the burin=at this location. Other spprora6 by Other City ACCT NO 918627
dcpart'""m such m Dmioprr=m servico ovy be required. This Ccmif=tc a issued without rcrir=ioo dut the ecrtir=lc is subject to or
NUMBER mrmptfmmGe mmgbytheStateofCallfemia DATE PAID IQ/i)612�06
918627 AENEWAI The I)u:inns Owner u rapomble for timmly rrmcwal Not receiving s rsnewal notice for any r usm dam not alieac
rvpondbQ`y for timely Paymera If rot Paid within 70 drys of the espiratim dye shown.C 505:pmahy%"I be ka mcd
545A $15000
BUSINESS CLASS: GENERAL CONTRACTOR EXPIRATION DATE
DATE PAID NOTES: 8/31/2007
10/06/2006 BUSINESS LOCATION: 1266 N LA LOMA CIR
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OWNER,�OR WADE L WHITE �St
BUSMESS NAME ` ' BA-LANCE $000
REPUBL IC INTEL IGENT TRANSPORTATION SERVICES ,, �, ,o
ATTENTION
MAILING ADDRESS 371 BEL.MARIN KEYS BLVD Rachel G, Clark
NOVATO, CA, 94949-5699 CITYCLERK
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ATTACHMENT "1"
To:
Republic '#'
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San B1111ndino
CITY-FURNISHED ITEMS
As stated in our Scope of Services, the following items or information are requested from the City:
✓ Right-of-way mapping
✓ Aerial photography
✓ Utility company contacts (name, phone, and address)
✓ CAD Standards
✓ Sample plans with approved format
✓ A copy of the City's Standard Drawings
KEPI 1;;.A,l7S
Confidential K Pruprirtar t
ATTACHMENT "1"
Tu:
Republic '
ITS
San lir�rH inn
COMMENTS OR SUGGESTIONS
As stated in our scope of services, Republic ITS suggests that the design phase end with the pre-final
submitted and that Final drawings be produced at the end of construction. This suggestion will advance
the start of installation about 6 weeks (one 3-week City review plus 2-3 weeks to respond to City
comments and resubmit plans). Additionally, we suggest that the City review and approve a pole
submittal as a first order of work so that we can release the pole order as soon as possible— minimizing
the impact of the pole lead time on the overall project schedule.
HF.1,,•at.�c ins 2;
(nnJidepmal X h oprimn r
ATTACHMENT "l"
To:
Republic
ITS
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San Bernar no
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ACKNOWLEDGEMENT OF ADDENDA
There have not been addenda issued on this contract.
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ATTACHMENT "2"
Republic
ITS
InteI!igetit
Transportation
Services
November 26, 2007
Michael Grubbs, P.E., Project Manager
City,of San Bernardino
Department of Development Services
Division of Public Works
300 North "D"Street, 3rd Floor
San Bernardino, CA 92418
RE: DESIGN BUILD PROPOSAL—BANNER POLES
UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE
Dear Mr. Grubbs:
We offer to perform the following work, on the terms and conditions stated below, and at the prices
shown, as follows:
Design and install banner poles per our proposal dated November 26, 2007, and the Request for
Proposals issued November 6, 2007. This work will include providing all engineering necessary for
poles, foundations and layout, constructing reinforced concrete foundations, furnishing and
installing poles, and furnishing and installing banner cable. A rate sheet for additional engineering
and construction work is included on the following sheet.
LABOR,MATERIAL AND EQUIPMENT... $89,346.00
This ofler shall expire 120 days from the date hereof and ma% be withdrawn by us at and time prior thereto with or without notice.
phis ofler supersedes and prior offers. commitment or orders• contains all terms• conditions and warranties and when accepted,
constitutes the entire contract between the parties. The resulting contract shall not be modified except h) f anal written amendment.
phis otter shall he accepted by deliver% to us ofa cop) of this offer dul% signed by%ou in the space provided.
The foregoing offer is hereby accepted this day of , 2007.
CITY OF SAN BERNARDINO REPt;BLIC ITS
Bti' Ja es A. Wagner. P.E.
Title: VP Engineering
-1-1 630.2 1„1� -I-1 630 282.5 12 c,r, �. C 92806
ATTACHMENT "2"
Republic
ITS
Intoil,cuent
Transportt(Uon
Services
November 26. 2007
Republic ITS Hourly Rate Schedule
Principal Engineer $195.00
Senior Engineer $175.00
Associate Engineer $150.00
Assistant Engineer $125.00
Senior Engineering Technician $115.00
Engineering Technician $105.00
f Potholing - $500.00 per each
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1266 V 1.
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ATTACHMENT "3"
San Bernar flno
CITY OF SAN BERNARDINO
Development Services Department
Public Works Division
REQUEST FOR DESIGN/BUILD PROPOSAL
TO
DESIGN AND INSTALL BANNER POLES AND RELATED
WORK ON UNIVERSITY PARKWAY NORTH OF VARSITY
AVENUE
ISSUED ON: NOVEMBER 6, 2007
DUE ON: MONDAY, NOVEMBER 26, 2007, AT 4:00 PM
Page 1 of 12
ATTACHMENT 663"
I. INTRODUCTION
The City of San Bernardino (City) intends to engage the services of a
Contractor to design and install banner poles, cabling, connectors and related
work across University Parkway north of Varsity parkway near the signalized
Ralph's Supermarket entry. The banner will be supplied and installed by
others.
II. BACKGROUND
University Parkway is a six-lane divided major arterial highway. The outside
curb to outside curb width is 88-feet and the RM width is approximately 130-
feet. See attachments "A" and "B". The median is approximately 14-feet wide
and is planted with grass and trees.
The banner and supporting system will span the northbound lanes only. The
span will be approximately 44-feet. The City Engineer or his representative will
mark the exact location of the poles.
Ill. SCOPE OF SERVICES
A. DESIGN PHASE
1. Contractor shall prepare construction documents and install banner poles
and related components subject to the following requirements:
a) The poles shall be decorative and finished with a powder fuze or
electrostatically applied polyurethane coat and guaranteed to resist
corrosion for at least 25 years. The City Engineer shall approve the
color.
b) Cables and clamps shall be corrosion resistant and designed to
accommodate a banner 2.5-ft high and 36-feet wide.
c) Minimum vertical clearance for all horizontal components crossing traffic
lanes shall be 18-feet above top of the highest curb.
d) The foundation, poles, cables and banner, in combination, shall be
designed to resist sustained winds of 80 miles per hour and gusts up to
100 miles per hour assuming that the banner is perforated and designed
to break away during high wind events. The wind speed at which the
banner will break away shall be specified by the Contractor's design
engineer and approved by the City Engineer. Design calculations shall
be signed and stamped by a California licensed Civil or Structural
Engineer and shall be submitted to the City for review and approval.
e) Existing utilities shall be researched and location of potential conflict
identified. If conflicts are encountered, the design of the banner poles
shall be modified or arrangement made to relocate the conflicting utility.
Page 2 of 12
ATTACHMENT "3"
f) A 10-foot diameter aqueduct owned by the Department of Water
Resources (DWR) is known to exist in University Parkway. Contractor
shall comply with all requirements of DWR including acquisition of a
permit, if required.
g) Existing storm drain and sewer plans shall be reviewed and the design
adjusted accordingly to avoid conflicts.
h) Existing street light plans shall be reviewed to identify conflict with
existing conduit and conductors. Conduit and conductors may be
relocated if necessary.
i) Pothole existing underground utilities where a high probability for conflict
exists. Compensation for potholing shall be on a per pothole basis and
shall be stated separately from the Contractor's design fee.
2. Contractor shall prepare the plans and specification and a cost estimate for
the work in conformance with City of San Bernardino standards.
Plans and specification shall conform to the following design requirements:
a) The plans shall be prepared at a scale of 1 inch = 20 feet on standard
24" by 36" sheets, using the City of San Bernardino standard title block.
b) The plans shall clearly show existing conditions, including but not limited
to, the location and type of signing and striping, pavement markings,
storm drain facilities and existing right-of-way limits.
c) Contractor shall be responsible for survey, related research and other
data or work needed to establish existing conditions.
d) Contractor shall be responsible for inclusion of provisions in the plans
and specifications to assure compliance with the City's National Pollutant
Discharge Elimination Program (NPDES).
e) The banner pole plan shall clearly show the location and type of the
proposed improvements, including but not limited to, details and location
of poles, foundation, reinforcing, anchor bolts, cables, clamps, conduit
and wiring, including relocation of conflicting utilities, if any.
f) Proposed signing and striping, pavement markings, raised pavement
markers and curb markings shall be drawn to a scale of 1" = 40' on a
separate 24" x 36" sheet with standard City title block. The signing and
striping plan shall include all existing and proposed traffic striping,
signing, pavement markings, raised pavement markers, and curb
markings.
g) In addition, the banner pole plans shall clearly indicate
Page 3 of 12
ATTACHMENT 663"
• the type and location of existing storm drain and street
improvements, including but not limited to curbs, gutters, curb ramps,
and cross gutters.
• the type and location of existing and proposed wiring, conduit
systems, and electrical service, including identification of the power
I source.
h) All improvements shall be designed in compliance and accordance with
the Americans with Disabilities Act (ADA).
i) Specifications shall be prepared in a format acceptable to the City
Engineer and shall be based on the Standard Specifications for Public
Works Construction, 2006 Edition, City of San Bernardino Standard
Drawings, policies and procedures.
j) The plans and specifications shall be signed and sealed by a civil
engineer licensed to practice civil engineering in the State of California.
k) The plans and specifications shall contain an approval block for the
signature of the City Engineer.
3. Contractor should meet and confer with City staff during design phase to
resolve design issues and ensure continuity with City standards and
preferences.
4. Contractor shall conduct utility research and identify the location and depth
of all existing utilities within the limits of the proposed improvements.
Contractor shall be responsible for identifying and resolving utility conflicts
both overhead and underground. Copies of all written communication
(including maps) between the Contractor and utility companies shall be
provided to the City.
5. Contractor shall submit an updated project schedule within 1 week of
receiving a notice to proceed, indicating the design tasks and project timing
from start to submittal of final plan and specifications. The Contractor shall
estimate two (2) City plan reviews for each plan set. Each review should be
estimated to take three (3) weeks for schedule purposes. Contractor shall
provide an updated schedule every month showing progress and timing
unless requested more frequently by City staff.
Upon completion of the Contractor's work, the City shall have in hand, both an
electronic, and a hard copy of an approved and signed set of completed plans,
technical specifications, quantities, estimates and special provisions ready for
bidding including all supporting data, calculations, utility locations, utility
notices, survey data, permits and other details necessary to complete this
project in a format acceptable to the City.
Page 4 of 12
ATTACHMENT 663"'
Contractor should expect to meet with the City on a monthly basis for updates
on project progress, concerns, problems and accomplishments. The project
design must be completed within one (1) month after the notice to proceed with
design is issued.
B. CONSTRUCTION PHASE
1. Prior to start of construction, Contractor shall prepare a cost estimate for
approval of the City Engineer.
2. Contractor shall submit construction surety consisting of Payment and
Faithful Performance Bonds based on the construction cost estimate and
shall conform to Section 2-4, "CONTRACT BONDS", of the Standard
Specifications for Public Works Construction, 2006 Edition. The contract
bonds, including Payment Bond (Material and Labor Bond) and
Performance Bond shall be underwritten by a surety company having a
rating in Best's most recent Insurance Guide of "A" or better. Bonds must
be issued by a surety who is listed in the latest version of U.S. Department
of Treasury Circular 570 and is authorized to issue bonds in California
3. After submittal of required bonds, the City shall schedule a pre-construction
conference at which, among other matters, the construction start date and
an estimated completion date shall be established.
4. During construction, all work shall be subject to inspection by the City
Engineer, or designee, as provided by the Standard Specifications for Public
Works, 2006 Edition, and shall conform to the plans and specifications as
approved by the City Engineer.
5. During construction, Contractor shall comply with all requirement of the
City's NPDES program.
6. Existing improvements, including landscaping and sprinkler systems,
damaged during construction shall be restored to a condition equal to or
better than the condition prior to the start of construction.
7. Progress payments for construction will be made monthly based on an
estimate of the work completed during the preceding month. Ten-percent of
each progress payment shall be withheld provided by the Standard
Specifications for Public Works Construction 2006 Edition.
8. Upon completion of construction and acceptance of the work, the City
Engineer will file a "Notice of Completion" for the project. Completion of
construction shall include filing of all required documents including, but not
limited to, certified payrolls, survey documents, manufacturer warranties,
maintenance requirements, maintenance schedules and operating manuals.
Page 5 of 12
ATTACHMENT "Y'
IV PROPOSAL REQUIREMENTS
A. Four (4) copies of the proposal shall be submitted to the following:
City of San Bernardino
Department of Development Services
Division of Public Works
Attn: Mr. Michael Grubbs, P.E., Project Manager
300 North "D" Street, 3`d Floor
San Bernardino, CA 92418
Proposals shall be received in hand by this Division up to the hour of
4:00 P.M. on Monday, November 26, 2007.
B. Responsive proposals will include, but not be limited to, the following:
1. Responsive proposals will present a Scope of Services that
includes at a minimum the above described services and any
other tasks necessary to achieve completion of design (PS&E)
needed for the successful construction of the proposed
improvements.
2. Identify the professional, technical and support subcontractors or
staff that will be performing the design work associated with the
proposed scope of services. Short resumes may be included, but
extensive resumes should be limited to key personnel only.
3. Include a timeline indicating project milestones for the delivery of
final plans, specifications, and cost estimates ready for
construction, including but not limited to a flow chart showing
project tasks and timing. Include allowances for review periods.
4. Include a list of similar projects recently completed by the
Contractor, identifying the location, date, agency and contact
person name, address and phone number.
5. Previous obligations with other projects (related to time and
availability of staff).
5. Name of sub-Contractors and vendors to be used for specific
aspects of the project, including a summary of previous working
arrangements on similar types of work.
6. Include a preliminary design of the banner pole system, including
proposed decorative pole design with manufacturer literature.
7. Statement of local preference eligibility, including identification of
any office located in the City of San Bernardino and the number of
employees stationed at the office, the number of employees doing
Page 6 of 12
i
ATTACHMENT "3"
business inside the City limits, and a copy of your firm's City of
San Bernardino Business License.
8. Items, actions or information the Contractor expects to be
provided by the City.
9. Any comments or suggestion that the Contractor believes
necessary to improve the finished project or to comply with the
requirements of this RFP.
a
10. Acknowledgement by number and date in the introductory letter to
the proposal any and all addenda issued to this RFP.
11. Separate sealed envelope. Fixed fee for the work required by
this Request for Design/Build Proposal, together with an hourly
rate sheet applicable to this project for classifications above,
including all materials and expenses, shall be submitted in a
separate sealed envelope. Please note that the City will not pay
or compensate separately for travel time, courier services,
mileage or reimbursement for travel to the City of San Bernardino
to attend meetings or conduct the activities necessary to complete
tasks required to be performed as part of Contractor services.
A separate fee shall be stated for potholing. A price per pothole
and an estimated number of potholes shall be provided.
V. SELECTION PROCESS
The selection process will be based on a point system and will consist of three
phases as follows:
1. First phase selection shall consist of an evaluation by staff (including the
Development Services Director, City Engineer, a Senior Engineer and
Project Manager) of proposals based on the above items identified in
Section IV B (except No. 11). An additional five (5) points will be given
to City of San Bernardino based Contractors. In order to be deemed as
"City of San Bernardino Based Contractor", the company shall have an
office with a minimum of one (1) owner or employee doing business
inside the City limits and shall possess a City Business License. The
three (3) Contractors with the highest points will continue to the
interviews. A maximum of 100 points can be achieved in this phase of
the selection process. The three Contractors with the highest numerical
scores will be invited to continue with the second phase of the selection
process.
2. Second phase of the selection process will consist of staff evaluation of
a presentation by the three Contractors with the highest numerical score
from the first phase selection. The interview will be detailed questions
on this specific project, including, but not limited to, personnel, schedule,
Page 7 of 12
ATTACHMENT 66399
project staging, and knowledge of the project. Five (5) points of local
preference will also be awarded in this phase of the selection process for
Contractors that meet the requirements identified in paragraph 1 above.
A maximum of 100 points can be achieved in this phase of the selection
process.
3. The third and final phase of the selection process will consist of staff
submitting a final package to the Mayor and Council for consideration
approval. Final scores of the top three Contractors will be submitted to
the Mayor and Common Council with a recommendation to award an
Agreement for Professional Services to the Contractor with the highest
numerical score. However, the Mayor and Common Council have the
prerogative to award an Agreement for Professional Services to any of
the top three Contractors or reject all proposals.
4. If the Mayor and Common Council award an Agreement for Professional
Services, the selected Contractor will be required to execute an
Agreement for Professional Services (draft copy attached) and submit
proof of insurance conforming to the attached "Liability/Insurance
Requirements". Failure of the Contractor to execute the Agreement,
including submittal of required documents, within 60 days of approval by
the Mayor and Common Council will void the approval.
VI GENERAL
This "Request for Proposal" does not commit the City to award a contract, pay
any costs incurred in the preparation of a proposal in response to this request,
procure or contract for any services. All proposals submitted in response to this
request will become the property of the City and may be used by the City in any
way deemed appropriate. The City reserves the right to accept or to reject, in
part or in its entirety, the response to the request for proposal if such action is
deemed to be in the best interest of the City.
Any contract entered into as a result of this proposal shall be considered to
include the items of work detailed in this proposal unless specifically deleted in
the proposal at the request of the City.
VII PAYMENT
The Contractor that is recommended by Staff and approved by Mayor and
Common Council shall attend the pre-design meeting to establish the start
date. Once the Notice to Proceed has been given, the Contractor can submit
for payments. The City will release funds at percentages with receipt of Plans,
Notices, or Specifications. No payment shall be given above the percentage of
completed work accepted by the City. The City shall hold 15% of the total cost
for 360 calendar days after acceptance of plans and specifications by the City,
or 45 calendar days after the City issues a Notice of Completion for the project,
whichever occurs first.
Page 8 of 12
ATTACHMENT "3"
Verbal clarification can be obtained by calling Mr. Michael W. Grubbs, P.E.
- Project Manager at (909) 384-5179. If a written response is desired, then the
request should be submitted in writing to Mr. Grubbs at (909) 384-5573 (fax).
ATTACHMENTS: Attachment "A" — Location Map
Attachment "B" —Aerial View
Liability/Insurance Requirements
Draft Copy of Agreement for Professional Services
Page 9 of 12
ATTACHMENT 663"
4D ATTACHMENT "A"
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BANNER POLES ON UNIVERSITY PARKWAY NORTH OF
VARSITY AVENUE AND SOUTH OF SHOPPING CENTER
ENTRANCE
LOCATION MAP
Page 10 of 12
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ATTACHMENT 6'319
ATTACHMENT "B"
BANNER POLES ON PARKWAY NORTH
VARSITY AVENUE • , SOUTH OF SHOPPING
ENTRANCE
VICINITY MAP
Page
ATTACHMENT "3"
LIABILITY / INSURANCE
REQUIREMENTS
Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during
the life of this Agreement all of the following insurance coverage's:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant shall
obtain and maintain, said E&O liability insurance during the life of this
Agreement and for three years after completion of the work hereunder.
Endorsements. The comprehensive general liability insurance policy shall contain or
be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are
additional insureds with respect to this subject project and
contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
Certificates of Insurance. Consultant shall provide to City certificates of insurance
showing the insurance coverage's and required endorsements described above, in a
form and content approved by City, prior to performing any services under this
Agreement.
Non-limiting. Nothing in this Section shall be construed as limiting in any way, the
indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
Page 12 of 12