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CITY OF SAN BER'ORDINO - REQUEST)')R COUNCIL ACTION
From: ROGER G. HARDGRAVE
Dept: Public Works/Engineering
Date: 8-6-91
Authorization to Execute Agree-
Subject: ment for Engineering Services -
Assessment District No. 987 -Box
Culvert, Traffic Signals, Street
Improvements, Storm Drain -
Verdemont Area -- LLOYD WEVERKA
Synopsis of Previous Council action:
02-06-89 -- Authorization granted to proceed with Assessment
District No. 987, Palm Avenue Box culvert and traffic
signals.
02-06-89 -- Authorization
District No.
Debris Basin.
Authorization granted to proceed with assessment
district for improvement of Palm Avenue.
Authorization granted to combine Assessment District
No. 988 and Palm Avenue Improvements into Assessment
District No. 987.
05-15-89 -- Resolution No. 89-44 adopted authorizing execution of
an agreement with GFB - Friedrich & Associates, Inc.
for aSS~Rsment p-nqinp.p.rinq ~p.rvi~PR (Cant. on
2nd Page)
granted to proceed
988, Chestnut Avenue
with
Storm
Assessment
Drain and
03-20-89
04-03-89
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Andy Green
Contact person: Roqer G. Hardqrave
Supporting data attached: Staff Report, Resolution
Phone:
5025
5
Ward:
FUNDING REQUIREMENTS:
Amount: $45,000 (Assessment District)
Source: (Acct. No.!
251-663-53925
Finance:
Avenue Improvement
CL\w D,
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(Acct. DescriDtion)
District - Bond Sale Proceeds
Verdemont
Council Notes:
75.0262
Agenda Item No
5"-.3
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File No.2. 129
SYNOPSIS OF PREVIOUS COUNCIL ACTION Continued:
05-15-89 -- Resolution No. 89-148 adopted authorizing execution of
an agreement with Best, Best & Krieger for bond
counsel services.
05-15-89 -- Resolution No. 89-149 adopted authorizing execution of
an agreement with Stone and Youngberg for investment
banking services.
05-15-89 -- Resolution No. 89-150 adopted authorizing execution of
an agreement with CM Engineering Associates for
engineering design services for the Chestnut Avenue
Storm Drain.
05-18-89 -- Resolution No. 89-146 adopted setting a surcharge fee
of $0.09 per square foot for Chestnut Storm Drain
area.
05-07-90 -- Resolution No. 90-164 adopted authorizing execution of
a Common Use Agreement with County for Palm Avenue Box
Culvert at Cable Creek Channel.
05-07-90 -- Negative Declaration adopted for Palm Avenue improve-
ments, box culvert and traffic signals, Public Works
Project No. 90-08.
05-21-90 -- Resolution No. 90-188 adopted authorizing execution of
an Agreement with Orrick, Herrington and Sutcliffe for
bond counsel services, and rescinding Resolution No.
89-148.
06-05-90 Resolution No. 90-212 adopted adjusting Chestnut
Avenue drainage surcharge to $0.13 per sq. ft.
06-18-90 Negative Declaration adopted for Chestnut Avenue Storm
Drain and Debris Basin Public Works Project No. 90-07.
10-15-90 Resolution No. 90-416 adopted authorizing execution of
an agreement with Department of Fish & Game for
streambed alterations.
03-11-91 -- Resolutions No. 91-69 through 74 and 80 adopted
relating to establishment of Assessment District No.
987.
07-19-91 -- Resolution No. 91-335 adopted awarding a contract to
Riverside Construction, for the low bid price of
$2,469,567.69.
8-6-91
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CITY OF SAN BER~RDINO - REQUEST O>>R COUNCIL ACTION
STAFF REPORT
A contract for construction of the improvements in the
Verdemont Area was awarded at the special Council meeting of 7-
19-91.
Contracts have recently been awarded for two pavement
rehabilitation projects on Waterman Avenue, from Redlands
Boulevard to Fifth Street. The total contract cost for these
projects is about $3 Million. A contract was awarded at the
Council meeting of 8-5-91 for streetscape in the Main Street
Project area for a a total cost of about $1.7 Million.
These three contracts, in addition to other smaller public
works contracts and private developments, will necessitate the
full attention of our Field Engineer. Therefore, additional
staff will be needed to provide adequate supervision for the
Verdemont Area Improvement Projects.
It is proposed that the services of a Resident Engineer be
secured to oversee the Verdemont Area Project, under the general
direction of our Field Engineer.
Six parties expressed an interest in providing a Resident
Engineer for this project. These six parties were interviewed on
7-30-91, by a panel comprised of the following:
Paul Dolter, Water Utility Engr. Supervisor
Steve Enna, Construction Engineer
Roger Hardgrave, Dir. of Public Works/City Engineer
After
experience of
that Lloyd J.
this time.
carefully reviewing the qualifications and
these six parties, the panel unanimously agreed
Weverka could best provide the desired services at
The proposed Agreement for Professional Services provides,
in general, that Lloyd J. Weverka will serve as Resident Engineer
for the Verdemont Area Project, for the total compensation of
$45.00 per hour, for hours actually worked.
An amount of $140,986.48 is included in the Engineer's
Report for Contract Administration and Inspection. All costs in-
curred under the proposed Agreement will be paid from this
amount, and charged to Account No. 251-663-53925.
We recommend that the Agreement be approved.
URGENCY CLAUSE
The contract for this project was awarded on 7-19-91, and the
pre-construction conference was held on 8-5-91. It is imperative
that the Resident Engineer be available to assist in getting the
project started.
8-6-91
75.0264
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RESOLUTION NO.
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LLOYD WEVERKA RELATING TO THE PRO-
3 VISION OF RESIDENT ENGINEERING SERVICES FOR THE CONSTRUCTION OF
TRAFFIC SIGNALS, STREET IMPROVEMENTS, A STORM DRAIN AND A BOX
4 CULVERT IN THE VERDEMONT AREA.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
The Mayor of the City of San Bernardino is
hereby
authorized
and directed to execute, on behalf of said
City, an agreement with Lloyd Weverka, relating to the provision
of Resident Engineering services for the construction of Traffic
Signals, Street Improvements, a Storm Drain and a Box Culvert, in
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the Verdemont Area.
A copy of said agreement is attached hereto,
marked Exhibit "A" and incorporated herein by reference as fully
as though set forth at length.
SECTION 2. The agreement shall not take effect until
fully signed and executed by both parties. The City shall not be
obligated hereunder unless and until the agreement is fully
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3. This resolution is rescinded if the parties
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RESI!J.t:;NT J::.':\l~...,}. "1.:.0;"_,::,-_' '\I~y :::--i'._"'\,,ij_,,-.t.b .iN ".LhL 'v.t.d"\..L.IL,('.i.V,\I1. ~:"".;.-<L.r~.
1':11
c:)
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I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a
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day of
meeting thereof, held on the
, 1991, by the following vote, to-wit:
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
AYES
NAYS
ABSTAIN
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City Clerk
The foregoing resolution is hereby approved this
day of
, 1991.
W. R. Holcomb, Mayor
Ci ty of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
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~GREEMENT FOR PROFESSIONALc;tRVICES
This AGREEMENT is made and entered into this day of
, 1991, by and between the CITY OF SAN
BERNARDINO, a municipal corporation of the State of California,
hereinafter referred to as the "CITY," and Lloyd J. Weverka,
P.E. , hereinafter referred to as "RESIDENT ENGINEER."
WITNESSETH
WHEREAS, CITY desires to obtain Resident Engineering
services for the Construction of Traffic Signals, Street
Improvements, a Storm Drain and Box Culvert in the Verdemont
area, per Plans Nos. 8882, 8054, 8162 and 8163; and
WHEREAS, it is necessary to retain the services of a
qualified RESIDENT ENGINEER; and
WHEREAS, the RESIDENT ENGINEER is qualified to provide
said services; and
WHEREAS, San Bernardino City Council has elected to
engage the services of RESIDENT ENGINEER upon the terms and
conditions as hereinafter set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
RESIDENT ENGINEER shall perform professional services for
the construction of Traffic Signals, Street Improvements, a Storm
Drain and Box Culvert in the Verdemont Area, per Plans Nos. 8882,
8054, 8162 and 8163.
2. TERM OF AGREEMENT
The services of RESIDENT ENGINEER are to commence
immediately after the CITY has authorized work to start. This
Agreement shall expire upon completion and acceptance of the
project, unless extended by written agreement of the parties.
3. STANDARD OF PERFORMANCE
RESIDENT ENGINEER shall perform all work product in
conformance with City of San Bernardino's Standard Drawings,
project specifications and referenced specifications.
4. COMPENSATION
A. The CITY shall compensate the RESIDENT ENGINEER for
costs (including labor costs, employee benefits, overhead,
prOfit, other direct and indirect costs) incurred by the RESIDENT
ENGINEER in performance of the work, in an amount not to exceed
$45.00 per hour, and not to exceed a total amount of $45,000.
EXHIBIT -A-
B. T~ RESIDENT ENGINEER is req~red to comply with all
Federal, State and local laws and ordinances applicable to the
work. The RESIDENT ENGINEER is required to comply with
prevailing wage rates in accordance with California Labor Code
Section 1775.
5. PAYMENT BY CITY
A. The billings for all services rendered pursuant to
this Agreement shall be submitted monthly by RESIDENT ENGINEER to
CITY and shall be paid by CITY within twenty (20) days after
receipt of same, excepting any amounts disputed by CITY. Dispute
over any invoiced amount shall be noticed to the RESIDENT
ENGINEER within ten (10) days of billing and a meet and confer
meeting for purposes of resolution of such dispute shall be
initiated by the CITY within ten (10) days of notice of such
dispute. Interest of 1-1/2 percent per month (but not exceeding
the maximum rate allowable 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
RESIDENT ENGINEER.
B. 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, wi tness fees, and court costs, and
attorney's fees shall be paid to the prevailing party.
6. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of CITY, or his
designee, shall have the right of general supervision over all
work performed by RESIDENT ENGINEER and shall be CITY'S agent
with respect to obtaining the RESIDENT 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.
7. COMPLIANCE WITH CIVIL RIGHTS LAWS
The RESIDENT ENGINEER hereby certifies that he will not
discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status or national
origin. RESIDENT ENGINEER shall promote affirmative action in
his hiring practices and employee policies for minorities and
other designated classes in accordance with federal, state and
local laws. Such action shall include, but not be limited to,
the following: recruitment and recruitment advertising,
employment, upgrading, and promotion. In addition, RESIDENT
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.
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8. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon
thirty (30) days I 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 wi thin which to correct the sub-
stantial failure giving rise to such notice. In the event of
termination of this Agreement, CITY shall within thirty (30) days
pay RESIDENT ENGINEER for all the fees, charges and services
performed to CITY'S satisfaction by RESIDENT ENGINEER, which
finding of satisfaction shall not be unreasonably withheld.
RESIDENT ENGINEER hereby covenants and agrees that upon
termination of this Agreement for any reason, RESIDENT 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. Any
subsequent use of such incomplete documents shall be the sole
risk of the CITY and the CITY agrees to hold harmless and
indemnify RESIDENT ENGINEER from any claims, losses, costs,
including Attorney's fees, and liability arising out of such use.
RESIDENT ENGINEER shall be compensated for such services in
accordance with Section "4."
B. This agreement may be terminated for the convenience
of the CITY upon thirty (30) days written notice to RESIDENT
ENGINEER. Upon such notice, RESIDENT ENGINEER shall provide work
product to CITY and CITY shall compensate RESIDENT ENGINEER in
the manner set forth above.
C. Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall continue
until all obligations arising from such termination are
satisfied.
9. CONTINGENCIES
In the event that, due to causes beyond the control of
and without the fault or negligence of RESIDENT ENGINEER,
RESIDENT 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 RESIDENT ENGINEER such
extensions of time and make other arrangements or additions,
excepting any increase in payment, as may be reasonable under the
circumstances.
10. INDEPENDENT CONTRACTOR
RESIDENT ENGINEER shall act as an independent contractor,
and not as an employee of the CITY. In the performance of
personal services pursuant to the provisions of this agreement,
RESIDENT ENGINEER shall not be supervised, directed, or under the
control or authority of any CITY officer or employee, except and
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to the exte~as may be expressly or i~licitlY required by the
terms and provisions of this agreement. Any direction or control
so required under this agreement shall be limited to broad
objectives or goals of the project or program to be accomplished
and not to the details and procedures to accomplish such
objectives or goals. RESIDENT ENGINEER shall not be obligated to
conform to the supervision or direction of CITY officers or
employees which are not authorized herein. Changes or
modifications of said objectives and goals may be made by written
recommendations of either party subject to the concurrence of the
other party in writing.
11. ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be
assigned by RESIDENT ENGINEER without the written consent of
City. Any attempt by RESIDENT 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.
12. NOTICES
All official notices relative to this Agreement shall be
in writing and addressed to the following representatives of
RESIDENT ENGINEER and CITY:
RESIDENT ENGINEER
CITY
Lloyd S. Weverka, P.E.
783 Oak Glade Drive
Monrovia, CA 91016
Mr. Roger G. Hardgrave
Director of Public Works/
City Engineer
300 North "D" Street
San Bernardino, CA 92418
13. RESPONSIBILITIES OF PARTIES
A.
accuracy of
independent
The RESIDENT ENGINEER may reasonably
data provided through the City or its
evaluation.
rely upon the
agents without
14. COVENANT AGAINST CONTINGENT FEE
RESIDENT ENGINEER warrants that no person or selling
agency has been p.mployed or retained to solicitor secure this
agreement upon an agreement or understanding for a commission,
percentage, brokerage, or contingent fee, excepting bona fide
employees or bona fide established commercial or selling agencies
maintained by the RESIDENT 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.
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15. HOLD HARMLESS CLAUSE
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A. RESIDENT 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 RESIDENT ENGINEER'S negligent acts,
errors or omissions under this Agreement.
16. INDEMNITY
RESIDENT 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 RESIDENT ENGINEER'S negligent performance or
services under this Agreement. RESIDENT ENGINEER shall not be
responsible for, and CITY shall indemnify, defend and hold
harmless RESIDENT 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
RESIDENT ENGINEER and CITY, each party shall assume
responsibility in proportion to the degree of its respective
fault.
17. 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.
18. 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.
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AGREEMENT:
o
RESIDENT ENGINEERING
NO. 987 IN VERDEMONT
o
SERVICES FOR ASSESSMENT
AREA.
DISTRICT
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.
By:
ATTEST:
By:
Rachel Krasney, City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
By
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RESIDENT ENGINEER
CITY OF SAN BERNARDINO,
a municipal corporation
W. R. Holcomb, Mayor