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HomeMy WebLinkAbout1986-141 1 RESOLUTION NO. 86-141 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT AMONG THE CITY, THE REDEVELOPMENT AGENCY 3 OF THE CITY OF SAN BERNARDINO, AND BROWN AND MULLINS, INC. FOR CONSULTING SERVICES (CENTRAL CITY SOUTH STUDY AREA). 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 5 SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is hereby 7 authorized and directed to execute on behalf of said City an 8 agreement among the City, the Redevelopment Agency of the City of 9 San Bernardino, and Brown and Mullins, Inc. for consulting service~ 10 (Central City South Study Area), a copy of which is attached 11 hereto, marked Exhibit "A" and incorporated herein by reference as 12 fully as though set forth at length. 13 I HEREBY CERTIFY that the foregoing resolution was duly 14 adopted by the Mayor and Common Council of the City of San 15 Bernardino at a regular meeting thereof, held on 16 the 21st day of April , 1986, by. the following vote, 17 to wit: 18 19 20 21 22 23 24 25 of 26 AYES: Council Members Estrada, Reilly, Hernandez, Marks, Quiel, Frazier, Strickler NAYS: None ABSENT: None A$f&?~P~ / City Clerk T::r::regoing :e::~;~ion is hty :;roved~.t~~ r2~C~ day )i-l' .--t (/~ "}J / / "'f' !1 /-r 4}--Y/~ Mayor of thet Cl Ey f I' San'-' Bernard ino Approved as to form: 27 ,;/).' /"'}- " , 't , I ,- l ~, 28 {/-:'~~9~:';:i,1;~i~;~J..' ?';';'~ . City Attorney ] 2 3 A G R E E MEN T (Central City South Study Area) THIS AGREEMENT, made and entered into effective the ,J, /,: j L -'-'-, /' c-./ I 4 day of , ,( , "'" '.,/.1<'/ (I. "i , 1986, by and among the REDEVELOPMENT / 5 AGENCY OF THE CITY OF SAN BERNARDINO, a public body corporate and 6 politic, hereinafter "Agency," the CITY OF SAN BERNARDINO, a 7 municipal corporation, hereinafter "City," and BROWN AND MULLINS, 8 INC., a California corporation, hereinafter "Consultant", sets 9 forth the agreement of the parties. ]0 1. Recitals. The parties hereto acknowledge: 1] A. Agency and City desire the professional services of ]2 Consultant to prepare a street alignment study within the Central ]3 City South Study Area. 14 B. Consultant represents that it is qualified to perform 15 said professional services. 16 2. Implementation. 17 A. Employment of Consultant. Agency and City hereby 18 engage Consultant and Consultant hereby agrees to perform the 19 services hereinafter set forth. 20 B. Scope of Work. Consultant shall provide professional 2] services as set forth in Exhibit A. Consultant shall submit all 22 plans and materials to City's Director of Public Works/City 23 Engineer, who shall coordinate and review all plans and materials 24 relating to this project, with a copy to Agency and URS, Inc., the 25 consultant preparing a specific plan for the area. All work items 26 specified in Exhibit A shall be provided by Consultant unless 27 City's Director of Public Works/City Engineer notifies Consultant 28 in writing that any particular item or items therein shall be 1 omitted. The parties contemplate complete design services. 2 C. Work Schedule. Consultant agrees to perform all of 3 the requirements of this agreement within sixty days from the 4 effective date hereof. 5 Compliance by Consultant with the work schedule established 6 herein presumes that all of the conditions not within Consultant's 7 control, but necessary for timely fulfillment of the Consultant's 8 obligations, will be assumed by Agency and City. Causes which may 9 produce delays in the work schedule include, but are not limited 10 to: failure of the Agency and City to consider all matters 11 promptly upon submittal by Consultant, failure to make decisions 12 within a reasonable time, failure to cooperate with or cause 13 delays in the work of Consultant, failure to issue in a timely 14 manner the proper approvals or recommendations, or failure to make 15 timely payments due to the Consultant. In such cases, the 16 established work schedule of Consultant shal~ be expanded. 17 D. Compensation. For Consultant's services as described 18 herein, Agency agrees to pay Consultant an amount not to exceed 19 FIFTY-FIVE THOUSAND DOLLARS ($55,OOO}, with the actual amount 20 billed for services based upon those rates set forth in the 21 document, "Special Schedule of Fees," annexed hereto as Exhibit 22 B. 23 E. Progress Payments. Agency agrees to make progress 24 payments to Consultant on a monthly basis in proportion to the 25 percentage of work completed, based upon billing for services at 26 the specified rates. Consultant will submit monthly invoices to 27 City's Director of Public Works/City Engineer accompanied by a 28 brief progress report. City's Director of Public Works/City -2- - 1 Engineer shall review said monthly invoices and the progress 2 report and recommend payment by Agency. Agency will make payment 3 to Consultant within ten days after receipt by Agency of an 4 invoice approved by City's Director of Public Works/City Engineer, 5 which payment shall be made within 30 days from receipt of such 6 invoice by the City Engineer. 7 F. personnel. Consultant has available, or will 8 provide, all personnel required to perform services under this 9 agreement. All of the services to be performed by Consultant 10 shall be performed by Consultant or under its supervision, and all 11 personnel engaged in the work shall be fully qualified and shall 12 be authorized and permitted under state and local laws to perform 13 such services, and shall be acceptable to Agency and City. All 14 personnel employed by Consultant shall be employees of Consultant, 15 and not employees of Agency or City. 16 G. No Benefit to Arise to Local E~loyees. No member, 17 officer or employee of Agency or City, or their designees or 18 agents, and no public official who exercises authority over or 19 responsibilities with respect to the project during his or her 20 tenure or for one year thereafter, shall have any interest, direct 21 or indirect, in any contract or any subcontract, or the proceeds 22 thereof, for work to be performed in connection with the project 23 assisted under this agreement. 24 H. Consultant as an Independent Agent. Consultant and 25 its officers, agents and employees, in their performance of this 26 agreement, shall act in an independent capacity and not as 27 officers, employees or agents of the Agency or City. 28 I. Keeping Accounts. Consultant shall keep separate -3- l 1 books of account in connection with the work to be performed under 2 this agreement. These books shall be subject to audit by Agency. 3 All such books and records shall be retained for such periods of 4 time as required by law, provided, however, in any event, all 5 books, records, and supporting detail shall be retained for a 6 period of at least three years after the expiration of the term of 7 this agreement. 8 J. Ownership of Material and Documents. All reports, 9 maps, studies, interview notes, photographs, graphics, statistical 10 reviews and notes, field survey notes, computations and other 11 material prepared by Consultant pursuant to this agreement shall 12 be the property of Agency, and Consultant shall deliver such 13 materials to Agency at the termination of this agreement. 14 However, Consultant shall have the right to make duplicate copies 15 of such materials and documents for its files or other purposes as 16 may be authorized in writing by Agency. 17 K. Release of Information. No information, including 18 photographs, public announcements or confirmation of same, or any 19 part of the subject matter of this agreement or any phase of any 20 program hereunder shall be made public without prior approval of 21 Agency. 22 L. Indemnification. Consultant shall defend, hold 23 harmless and indemnify Agency and City, their officers, employees 24 and agents against liability (whether bodily injury, including 25 death, and/or property damage) arising out of the negligent acts 26 or willful misconduct or lack of good faith or omissions of 27 Consultant or its officers, agents, employees or contractors in 28 the performance of this agreement. -4- 1 M. Insurance Requirements. As a condition precedent to 2 the effectiveness of this agreement and in partial performance of 3 Consultant's obligation hereunder, Consultant, at its own expense, 4 shall deliver to Agency for approval, certificates or policies of 5 insurance as evidence that the following types and amounts of 6 insurance are in full force and effect to assure protection of the 7 Agency and City under this contract: 8 1. At least One Million Dollars ($1,000,000) 9 combined single limits for bodily injury and/or property damage. 10 2. At least Five Hundred Thousand Dollars ($500,000) 11 in errors and omissions coverage. 12 3. Evidence of a certificate of self insurance or 13 workers' compensation individual coverage that meets the 14 requirements of the California Labor Code in relation to Workers' 15 compensation Insurance. 16 Agency and City shall also be named an a9ditional named 17 insureds under the liability insurance policy. Consultant shall 18 be required to inform Agency in writing of any change, expiration 19 or renewal of any insurance policy or policies within thirty days 20 of the effective date of the change. Further, any renewal policy 21 shall provide at least the minimum coverage specified herein, and 22 each policy of insurance or certificate of insurance shall provide 23 that the policy shall not be canceled without an advance thirty 24 day written notice of cancellation to Agency and City. 25 N. Compliance with Regulations. Consultant shall be 26 responsible for compliance with all federal, state and local laws, 27 rules, regulations, and requirements insofar as they apply to this 28 project. -5- -1 I 1 o. Notification. All notices, memoranda, reports, 2 drafts, and communications sent to the Agency under this agreement 3 shall be sent to the following address unless authorized to be 4 sent elsewhere by Agency: 5 6 7 8 9 Executive Director, Redevelopment Agency of the City of San Bernardino Suite 320, City Hall 300 North "D" Street San Bernardino, CA 92418 All notices, memoranda, reports, drafts, and communications sent to City shall be sent to: 10 11 12 13 Director of Public Works/City Engineer City Hall 300 North "D" Street San Bernardino, CA 92418 All notices, memoranda, reports, drafts, and communications 14 sent to Consultant shall be sent to: 15 Brown and Mullins, Inc. 2150 North Arrowhead Avenue 16 San Bernardino, CA 92405 17 Any such notices, demands, invoices and written 18 communications by mail shall be conclusively deemed to have been 19 received by the addressee five (5) days after the deposit thereof 20 in the u.s. Mail, first class postage prepaid and properly 21 addressed as noted above. 22 P. Effective Date. This agreement shall become 23 effective on the date it has been executed by the Chairman and 24 secretary of the Redevelopment Agency of the City of San 25 Bernardino, and by the Mayor of the City of San Bernardino, 26 provided that it has first been signed by Consultant. 27 Q. Entire Agreement. This agreement represents the 28 entire agreement of the parties. -6- I R. Assignment. Consultant shall not assign (whether by 2 assignment or novation) this agreement or delegate the duties or 3 any right or interest hereunder in whole or in part without the 4 prior written consent of Agency. Any assignment or attempt to 5 assign this agreement or delegate Consultant's duties hereunder 6 without such prior written consent or by operation of law shall be 7 void and shall constitute cause for termination. 8 S. Modification of Agreement. The specific tasks and 9 scope of this project are subject to modification by mutual 10 agreement between Agency, City and Consultant. Any such changes 11 shall be incorporated by written amendment to this agreement. 12 T. Termination. Agency may terminate this agreement at 13 any time by giving written notice to City and Consultant of such 14 termination and specifying the effective date thereof at least 15 fifteen days before the effective date of such termination. In 16 such event, all materials in Consultant's po~~ession relating to 17 this project shall, at the option of Agency, become its property. 18 If the agreement is terminated by Agency, Consultant will be 19 entitled to be paid all compensation for work performed to the 20 date of termination; provided that in no event shall the 21 compensation of Consultant exceed the amount provided for in this 22 agreement. 23 IN WITNESS WHEREOF, the parties have executed this agreement 24 effective the day and year first above written. 25 / / / / / 26 27 28 / / / / / -7- 1 REDEVELOPMENT AGENCY OF THE CITY F SAN BERNARDINO ( 2 3 B 4 5 By 6 7 8 BROWN AND MULLINS, INC. 9 B~~ ~J.~ 10 11 ~/ I ts \{2.:E.~T\~ 12 Approved as to form: 13 AGENCY COUNSEL 14 ~ 15 By ~ ~ Allen R. Brigg 16 17 18 19 20 21 22 23 24 25 26 27 28 CITY OF SAN' BERNARDINO B~~~ &~ Mayor . ATTEST: ,4u~M~ _/ Ci ty Cler Approved as to form: ~;t#J~ City Attorney -8- BROWN AND MULLINS. INC. ENGINEERING. PLANNING. SURVEYING 2150 N. ARROWHEAD AVE. · SAN BERNARDINO. CALIFORNIA 92405 . TELEPHONE (714) 886-4768 April 14, 1986 CITY OF SAN BERNARDINO REDEVELOPMENT AGENCY 300 North "D" Street San Bernardino, CA 92418 Attention: Ms. Glenda Saul RE: Central City Study Area Dear Ms. Saul, We are pleased to submit a breakdown of estimated costs for the phases of engineering for the precise street alignments within the above referenced Study Area. These estimated costs are based upon the enclosed Schedule of Fees and are as follows: Ground control (field survey) Aerial survey maps Traffic study Street alignment calculations and design Utility locations (field survey) Plot utilities Hydrology study Coordinate with City Departments Coordinate with Cal Trans and inter- change alignments Engineers Cost Estimates Map reproductions $10,600.00 $1,850.00 $8,000.00 $12,050.00 $3,550.00 $2,550.00 $3,550.00 $5,000.00 $3,550.00 $3,550.00 $750.00 These are budget figures based upon our estimate of hours to be invested for each phase of the project. We realize that there may be certain items included in this proposal that may have been previously provided to the City. It is our intention to work with the City and other consul- tants in every way to utilize previously submitted informa- tion whenever possible. EXfj!~) IT HiUH A MEMBER OF "SOUTHERN CALIFORNIA CHAPTER. CALIFORNIA COUNCIL OF CIVIL ENGINEERS AND LAND SURVEYORS 75iiil_ BROWN AND MULLINS, INC. CITY OF SAN BERNARDINO -2- April 14, 1986 Thank you for the opportunity of making this proposal. We look forward to working with you. yours, cc: Sandra Lowder Amador Estevene Chuck Kenny encl. MEMBER OF SOUTHERN CALIFORNIA CHAPTER. CALIFORNIA COUNCIL OF CIVIL ENGINEERS AND LAND SURVEYORS' BROWN AND MULLINS. INC. ENGINEERING · PLANNING · SURVEYING 2150 N. ARROWHEAD AVE. · SAN BERNARDINO, CALIFORNIA 92405 . TELEPHONE (714) 886-4768 SPECIAL SCHEDULE OF FEES Select List Of Contractors Per diem rates for Engineering and Surveying Services effective Aug. 1, 1985 through July 31, 1986 OFFICE Professional Consultant Principal and Supervision Time Senior Civil Engineer Associate Civil Engineer Assistant Civil Engineer Design Draftsman Draftsman Electronic Calculator Equipment Court Appearance 70.00 per hour 70.00 per hour 66.00 per hour 48. 75 per hour 45.00 per hour 42.50 per hour 36.75 per hour 30.00 per hour @ cost 475.00 per day FIELD ENGINEERING AND SURVEYING Field Supervisor Field Note Preparation Two (2) Man Field Crew Three (3) Man Field Crew Electronic Distance Measuring Equipment Subsistance Mileage Travel Time -. Two (2) Man Field Crew Travel Time - Threee (3) Man Field Crew Blueprints, Printing, Telephone, Aerial Photo Work, Travel, Submittal Fees and all other items not included above 70.00 per hour 55.00 per hour 120.00 per hour 140.00 per hour Included in hourly rates 35.00 per day 0.65 per mile 60.00 per hour 85.00 per hour A t Cost All of the above rates can be~ discarded in favor of a charge based upon salary x 2f MATERIALS 1" IP 1 i brass cap 21 lath 41 lath 1 . 1 5 ea 2.00 ea 0.30 ea 0.45 ea lxlx12 lxlx8 1 x 2x 18 2x2x18 0.45 aa 0.35 ea 0.45 ea 0.70 ea EXHiBIT '1' ,~MBER OF "SOUTHERN CA.l..,OUNI^ I 'HAJ'II H. l.'~\A 1I1~W+" CO! 'Nell or ('~\'*, (.N-I.INEHl(~ M-IoI', ~NV SURVEYORS"