HomeMy WebLinkAbout50-Public Works
w ~ ~,
- ..... - '""",
CITY OF SAN BERNARDINO
,"'"
~ile No. 2.129, 14.40-68 ...J
- REQUEST FOR COUNCIL ACTION
Dept:
Public Works/Engineering
Subject: Authori zati on to Execute
Agreement for Professional
Oesign Services
Chestnut Avenue Storm Orain
CM Engineering
From:
ROGER G. HAROGRAVE
Date:
Apri 1 12, 1989
Synopsis of Previous Council action:
2-6-89
Authori zati on to proceed on Oi stri ct 987 and 988 by
motion of Council.
4-3-89
Authorization to combine districts into single
district 987 by motion of Council.
Recommended motion:
Adopt Resolution.
cc: Jim Robbins, Acting City Administrator
Jim Richardson, Deputy City
Admin/Development
Jim Penman, City Attorney
Andrew Green, Dir. - Finance
Contact person:
Gene R. Klatt
Staff Report, Resolution, &
Agrppmpnt
Phone:
5125
Supporting data attached:
Ward:
5
FUNDING REOUIREMENTS:
Amount:
$63,500.00
Source:, (Acct. No.)
251-663-53925
(Acct. DescriPtion)
Assessment
paid from Bond Proceeds
Finance:
District 987 to be
1?~'~-
Council Notes:
75-0262
Agenda Item NO.SO---,--
--
-
Jt# to "-",",
....... v
CITY OF SAN BERNARDINO
/",
V -1
- REQUEST FOR COUNCIL ACTION
STAFF REPORT
As a part of the Verdemont Infrastructure Improvements. an
assessment district has been formed to complete the Chestnut
Avenue drain. In seeking professional design services. staff
sent 23 "Letters of Interest" and received 16 positive
responses. Representatives of the Mayor's Office. Public Works
Department, Flood Control District. and Administration screened
the Letters of Interest and selected 5 firms to submit
proposals for the work.
A second Committee, with representatives from the Council
Office, Mayor's Office, Administration, County Flood Control
District, and City Public Works Department. reviewed the
proposals and interviewed each of the five firms. An
evaluation was completed on each firm.
As a result of this selection process, the firm of C M
Engineering Associates, Inc. has been selected by the Committee
to perform the requi red desi gn work for the Chestnut Avenue
storm drain.
The attached agreement has been reviewed by City legal staff,
and they have had input into its preparation.
The agreement is for $63.500.00 and is to be funded from the
proceeds of the sale of bonds for the assessment district.
Bond Counsel, Bond Underwriters, and Assessment Engineer have
been interviewed and selected, again by Committee.
Staff recommends the adoption of the resolution awarding the
design services to the selected firm.
4/12/B9
.~, 0.11",4
-
_._-^-,_.._..._~.._'--
M .
10
11
12
13
14
15.
--
-
""""
.,""
.~
'-"
1 RESOLUTION
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH C M ENGINEERING ASSOCIATES, INC.,
3 RELATING TO THE ENGINEERING DESIGN OF THE CHESTNUT AVENUE STORM
DRAIN.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5
CITY OF SAN BERNARDINO AS FOLLOWS:
6
7
SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
8
City, an agreement with C M Engineering Associates, relating to
9
the engineering design of the Chestnut Avenue Storm Drain, which
agreement is attached hereto, marked. Exhibit "A" and incorporated
herein by reference as though fully set forth at length.
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to said
agreement fail to execute it within sixty (60) days of the
passage of this resolution.
16
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
17
18
meeting held on the
19 ,by the following vote, to wit:
day
Bernardino, at a
19
of
20
AYES:
Council Members
21
22
NAYS:
23
ABSENT:
24
25
City Clerk
26
27
28
JFW: 55
5-3-89
10
11
12
13
14
15
16
17
18
19
-
-
RESO: AUTHORIZAO THE EXECUTIOUF AGREEMENT WITH C M , "
ENGINEERING ASSOCIATES, INC., RE: CHESTNUT A~NUE STORM DRAfN
1
2
The foregoing resolution is hereby approved this
day of , 19_
3
Evlyn Wilcox, Mayor
City of San Bernardino
4
5 Approved as to form
and legal content:
6
JAMES F. PENMAN, City Attorney
7
8
9
20
21
22
23
24
25
26
27
28
J ss
5-3-89
-
-
"
"""'
~
f
.."
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of
, 1989, by and between the CITY OF SAN BERNARDINO, California, a
municipal corporation, hereinafter referred to as the "CITY", and C M ENGINEERING
ASSOCIATES, INC., a California corporation, hereinafter referred to as "ENGINEER".
WITNESSETH
WHEREAS, City desires to obtain professional services to prepared engineering
plans and specifications for construction of the Chestnut Avenue Storm Drain and Debris
Basin.
WHEREAS, in order to develop Chestnut Avenue Storm Drain, 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; and
WHEREAS, San Bernardino City 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 OF SERVICES
Engineer shall perform those services specified in "Scope of Services", a copy of
which is attached hereto as Exhibit "I" and incorporated as though set forth in full.
2. TERM OF AGREEMENT
The services of Engineer are to commence within thirty (30) days after the City
has authorized work to start by issuance of a Notice of 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 authorizes the work, Such
adjustments shall require City approval prior to commencement of performance of each
phase. This Agreement shall expire as specified by the Exhibit "2" schedule unless extended
by written agreement of the parties.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in conformance with the City
of San Bernardino's Standard Drawings, San Bernardino Flood Control Standards, or other
approved standards.
1
-
.
.....
,F""'"
"
"""
'-'
4. CHANGESIEXTRA 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 ~tten
amendments to this Agreement and include any increase or decrease in the amount of
compensation due Engineer for the change in scope. Any change which has not been so
incorporated shall not be binding on either party.
B. No extra services shall be rendered by Engineer under this Agreement
unless such extra services are authorized, in writing, by City prior to performance of such
work. Authorized extra service shall be invoiced based on Engineer's "Schedule of Hourly
Rates" dated August 1988, a copy of which is attached hereto as "Exhibit 4" and
incorporated herein as though set forth in full.
5. COMPENSATION
A The City shall reimburse the Engineer for actual costs (including labor costs,
employee benefits. overhead, profit. other direct and indirect costs) incurred by the
Engineer in performance of the work, in an amount not to exceed $63,200. Actual costs
shall not exceed the estimated wage rates and other costs as set forth in Exhibit "3".
attached hereto and incorporated herein as though set forth in full.
B. Said compensation shall not be altered unless there is significant alteration
in the scope. complexity or character of the work to be performed. Any significant
alteration shall be agreed upon in writing by the City and Engineer before commencement
of performance of such significant alteration 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. Duration of work if the change from the time period specified 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 the work. The Engineer is required to comply with prevailing
wage rates in accordance with California Labor Code Section 1775.
2
;",,",
.
........,
~
6. PAYMENT BY CITY
A The billings for all services rendered pursuant to this Agreement shall be
submitted monthly by Engineer to City and shal1 be paid by City within twenty (20) days
after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced
amount shall be noticed to the Engineer within ten (10) days of billing and a meei and
confer meeting for purposes of resolution of such dispute shall be initiated by the City
within ten (lO)days of notice of such dispuie. Interest of lY. percent per month (but not
exceeding the maximum rate allowable by law) will be payable on any amounts not in
dispute and not paid within thirty (30) days of the billing date, payment thereafter to be
. applied first to accrued interest and then to the principal unpaid amount. On disputed
amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in
dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit "1" shall be
completed prior to final payment.
B. The parties hereto agree not to be bound by any requirements for arbitration
of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties,
or upon the failure of such agreement, by direct application to the Courts.
C. Should litigation be necessary to enforce any term or provision of this
Agreement, or to collect any portion of the amount payable under this Agreement, then
all litigation and collection expenses, witness fees, and court costs, and attorney's fees shal1
be paid to the prevailing party.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A The Director of Public Works of City, or his designee, shall have the right
of general supervision overal1 work performed by Engineer and shall be City's agent with
respect to obtaining Engineer's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of the Director of
Public Works or his designee.
B. The Director of Public Works or his designee may review and inspect the
Engineer's activities during the progress of the program.
8. COMPLIANCE WITH CML RIGHTS LAWS
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
original. Engineer shall promote affirmative action in its hiring practices and employee
policies for minorities and other designated classes in accordance with federal, state and
local laws. Such action shal1 include, but not be limited to, the following: recruitment and
recruitment advertising, employment, upgrading, and promotion. In addition, Engineer shall
not exclude from participation under this Agreement any employee or applicant for
employment on the basis of age, handicap or religion in compliance with State and Federal
laws.
3
-
".."
i",.."
,
*'
~-'
9. TERMINATION OF AGREEMENT
A This agreement may be terminated by either party upon thirty (30) days'
written notice in the event of substantial failure of the other party to perform in
accordance with the terms of this Agreement. Each party shall have twenty (20) days
following date of such notice within which to correct the substantial failure giving rise to
such notice. In the event of termination of this Agreement, City shall within thirty (30)
days pay 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 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 liability 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 City and City 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.
10. 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 failure shall not constitute a default in performance, and 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
City within three (3) days in writing when it becomes aware of any event or circumstances
for which it claims or may claim an extension.
11 INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the performance of the services
provided for under this Agreement. Engineer shall furnish such services in its own manner
and in no respect shall it be considered an agent or employee of City.
4
"
,.-'.."
.....,..-
-
--
12. 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
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to
the following representatives of Engineer and City:
ENGINEER
CITY
C M Engineering Associates, Inc.
225 E. Airport Drive, Suite 100
San Bernardino, CA 92412
Attn: Mr. Robert M. Beers
Mr. Roger Hardgrave
Director of Public Works/
City Engineer
300 N. "D" Street
San Bernardino, CA 92418
14. 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. The City shall pay all costs of inspection and permit fees. Charges not
specifically covered by the terms of this Agreement shall be paid as agreed by the parties
hereto at the time such costs arise; but in no event shall the work to be performed
hereunder cease as a consequence of any unforeseen charges unless by mutual agreement
of City and Engineer.
c.. All tracings, survey notes, and other original documents are instruments of
service and shall remain the property of Engineer except where by law, precedent, or
agreement these documents become public property. All such documents or records shall
be made accessible to City. Engineer shall maintain all records for inspection by the City,
State, or their duly authorized representatives for a period of three (3) years after final
payment Engineer shall stamp and sign all specifications, estimates, plans and engineering
data furnished, and, where appropriate, indicate registration number.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the Construction Cost prepared by Engineer represents his
judgment as a design professional and is supplied for the general guidance of the City.
Since Engineer has no control over the cost of labor and material, or over competitive
bidding or market conditions, Engineer does not guarantee the accuracy of such opinions
as compared to contractor bids or actual cost to the City.
5
-
1""
.........
~. .....
"
... ~,""
r
B. If a Construction Cost limit is established by written agreement between City
and Engineer and specifically set forth in a mutually agreed addendum to this Agreement,
the following will apply:
1. The acceptance by City at any time during the services of a revised
opinion of Construction Cost in excess of the then established cost limit will
constitute a corresponding revision in the Construction Cost limit to the
extent indicated in such revised opinion.
2. Any Construction Cost limit so established will include a contingency
of ten percent (10%) unless another amount is agreed upon in writing,
3. Engineer will be permitted to determine what types of materials,
equipment and component systems are to be included in the Drawings and
Specifications and to make reasonable adjustments in the general scope,
extent and character of the project to bring it within the cost limit.
4. If the bidding or negotiating phase has not commenced within six (6)
months after completion of the final Design Phase, the established
Construction Cost limit will not be binding on Engineer, and City shall
consent to an adjustment in such cost limit commensurate with any
applicable change in the general level of prices in the construction industry
between the date of completion of the Final Design Phase and the date on
which proposals or bids are sought.
5. If the lowest bona fide proposal or bid exceeds the established
Engineer's Construction Cost Estimate by twenty percent (20%) or more,
City shall (1) given written approval to increase such cost limits, (2)
authorize negotiating or rebidding the Project within a reasonable time, or
(3) cooperate in revising the Project's general scope, extent or character to
the extent consistent with the Project's requirements and with sound
engineering practice. In the caseof (3), Engineer shall modify the Contract
Document as necessary to bring the Construction Cost within the cost limit.
In lieu of other compensation for services in making such modifications, City
shall pay Engineer, Engineer's cost of such services, all overhead expenses
and reimbursable expenses reasonably related thereto, but not includine
Drofit, on account of such services. The providing of such service will be
the limit of Engineer's responsibility in this regard and, having done so,
Engineer shall be entitled to payment for services in accordance with this
Agrement and will not otherwise be liable for damages attributable to the
lowest bona fide proposal or bid exceeding the established Construction Cost.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been employed onetained
to solicit or secure this agreement upon an agreement or understanding for a commission,
6
- - -
.", . ;1"'.'..... ,
- '-' ",..,.,i
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
otherwise recover, the full amount of such commission, percentage; brokerage or contingent
fee.
17. HOLD HARMLESS CLAUSE
A Engineer hereby agrees to hold City, its elective and appointive boards,
officers, and employees, harmless from any liability for damage or claims for damage for
personal injury including death, as well as from claims for property damage, which may arise
from Engineer's negligent acts, errors or omissions under 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 liability, including,
but not limited 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 this Agreement.
18. 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 liabilities, 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 (including
attorney's fees) and liabilities of, by or with respect to third parties, which arise solely from
the City's negligence. With respect to any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including
attorney's fees) and liabilities of, by or with respect to third parties, which arise from the
joint or concurrent negligence of Engineer and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
19. LIABILITY/INSURANCE
A. Engineer's liability to the City for injury or damage to persons or property
arising out of work performed by the City and for which legal liability may be found to rest
upon Engineer other than for professional errors and omissions, .will be limited to
$1,()()(),OOO. For any damage on account of any error, omission or other professional
negligence Engineer's liability, will be limited to a sum not to exceed $50,000 or Engineer's
fcc, whichever is greater.
7
- - --
, . 1""'
- '-' -.#
B. The City will require the Engineer to provide Workers Compensation and
comprehensive general liability insurance, including completed operations and contractual
liability, with coverage sufficient to insure the Engineer's indemnity, as above required; and,
such insurance will include the City, the Engineer and each of their officers, agents and
employees as additional insured.
C. Engineer shall provide evidence of insurance in the form of a policy of
insurance, in which the City is named as an additional named insured to the extent. of the
coverage required by this Agreement.
20. 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.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties
hereto and supercedes all prior and contemporaneous negotiations, representations,
understandings and agreements, whether written or oral, with respect to the subject matter
thereof. This Agreement may be amended only by written instrument signed by both
parties.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the date written above by their duly authorized officers on their behalf.
ATTEST:
(ENGINEER)
BY:
CITY OF SAN BERNARDINO
a municipal corporation
BY:
Evlyn Wilcox, Mayor
Approved as to form and legal content:
JAMES F. PENMAN,
City Attorney
1- z/}-
8
-
,.....,
'-'
......,
EXHIBIT "1"
SCOPE OF SERVICES
C M Engineering Associates has prepared the foIlowing scope of services for the Chestnut
Avenue Storm Drain and Debris Basin project. All items of work to be accomplished by
C M Engineering Associates unless otherwise noted.
TASK DESCRIPTION
1. Survev
A Research record maps, office coordination, set aerial control including tie
. points and premark utilities.
B. Prepare aerial photogrammetry and base sheets - by photogrammetist.
2. Preliminarv Desil!n
A Research available records for existing overhead and underground utilities.
B. Field review, reanalyze drainage requirements, including debris basin
requirements based on Corps of Engineers Tatum Method.
C. Prepare preliminary storm drain and debris basin design.
D. Preliminary soils report to be prepared by soils consultant.
E. Prepare conceptual landscape study for pedestrian and equestrian purposes
_ by landscape architect. This item to be submitted to City for conceptual
approval prior to first submittal.
F. Submit preliminary design package to City staff for review;
G. Attend a maximum of six project progress meetings during project
preliminary and final design periods.
3. Final Desil!n
A Prepare final construction improvement plans consisting of title sheet, plan
and profile sheets, debris basin plan, and final landscaping plans; general and
technical specifications, construction quantities, engineer's construction cost
estimate (PS&E).
B. Submit PS&E to City for review.
1
r -
-
""'
'-'
~.-' "'\
,
....,;
C. Revise the PS&E based upon City and District staff review/comment.
D. Submit final PS&E to City.
E. Provide assistance to City during bidding phase as necessary and attend
preconstruction meeting.
F. Coordinate construction estimate Content and form with requirements of
Assessment Engineer for compatibility of design and assessment work.
2
-
-
,.,
-
-'
.....-'.
EXHIBIT "3"
ENGINEERING COST ESTIMATE
TASK
DESCRIPTION
COST
1. Survevs
A Research record maps, office coordination,
set aerial control
$4,712.00
B. Prepare aerial photogrammetry and base
sheets
5.250.00 .
SUBTOTAL
$9,962.00
2. PreliminarY Desi2n
A Research existing utilities
$ 528.00
B. Field review - reanalyze hydrology debris
basin study
6,528.00
D. Preliminary soils report
6,008.00
2,700.00
C. Storm drain and debris basin design
E. Conceptual landscape study
3,000.00
F&G Submittal and project meetings 2.656.00
SUBTOTAL $21,420.00
3. Final Desi2n
A Final storm drain and debris basin plans, $26,040.00
general and technical specifications, quantity
and cost estimate
B. Final landscaping plan 5,500.00
C. Printing 278.00
SUBTOTAL $31,818.00
TOTAL ESTIMATED COST $63,200.00
1