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Home My WebLink About2009-058 RESOLUTION NO. 2009-58 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 2 AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENTS WITH THE 3 FIRMS OF WILLDAN AND TRANSPORTATION ENGINEERING AND PLANNING, INC. TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES. 4 5 6 7 8 WHEREAS, On August 18, 2008, the CITY adopted Resolution No. 2008-325 approving Consultant Services Agreements with the firms of Willdan and Transportation Engineering and Planning, Inc. to provide On-Call Traffic Engineering Services. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 SECTION 1. Willdan located at 13191 Crossroads Parkway North, Suite 403, Industry, CA 92746-3497 and Transportation Engineering and Planning, Inc. located at P.O. Box 18355 Irvine, CA 92623 are competent, experienced traffic engineering firms and have provided the most advantageous and best proposal to provide On-Call Traffic Engineering Services in accordance with Amendment No. 1 to Consultant Services Agreements, attached hereto and incorporated herein as Exhibit "A" (Willdan) and Exhibit "B" (Transportation Engineering and Planning, Inc.) in amounts totaling up to $50,000 in aggregate for general On-Call Traffic Engineering Services and $60,000 for design of traffic signals and related Capital Improvement Projects (CIP). Pursuant to this determination, the Purchasing Manager is hereby authorized and directed to increase the Purchase Orders for said services to said firms which references this Resolution. SECTION 2. The City Manager is hereby authorized and directed to execute said Agreements on behalf of the City. SECTION 3. Both Agreements shall expire on June 30, 2009, unless earlier terminated as provided therein. Subject to written approval of the two parties involved, each Agreement ay be administratively extended for a maximum of one (I) additional year. - I - 2009-58 RESOLUTION ... APPROVING AMENDMENT NO.1 TO CONSULTANT 1 SERVICES AGREEMENTS WITH THE FIRMS OF WILLDAN AND 2 TRANSPORTATION ENGINEERING AND PLANNING, INC. TO PROVIDE ON-CALL TRAFFIC ENGINEERING SERVICES. 3 4 5 6 7 11/ 8 9 SECTION 4. The authorization to execute the above-referenced Agreements is rescinded if they are not executed within sixty (60) days of the passage of this resolution. III 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -2- 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2009-58 RESOLUTION ... APPROVING AMENDMENT NO.1 TO CONSULTANT 1 ERVICES AGREEMENTS WITH THE FIRMS OF WILLDAN AND 2 RANSPORTATION ENGINEERING AND PLANNING, INC. TO PROVIDE ON-CALL RAFFIC ENGINEERING SERVICES. 3 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and ommon Council of the City of San Bernardino at a joint r"gnl ar meeting thereof, held 5 6 7 ouncil Members: 8 9 BAXTER 10 BRINKER 11 (V ACANl) 12 13 n the 16th day of March , 2009, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT x x ......lL- x KELLEY JOHNSON x MCCAMMACK X The foregoing resolution is hereby approved this a~h.~ Racht:1 Clark, City Clerk /Jl1'Jf day of March, 2009. Approved as to form: .4L U~~4' Rikke Van Johnson, Mayor Pro Tern City of San Bernardino JAMES F. PENMAN, City Attorney 1. ~ - 3 - EXHIBIT "A" 2009-58 AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT THIS AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT is made and entered into this 16th day of March ,2009 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and Willdan ("CONSULTANT"). WITNESSETH: A. WHEREAS, On August 18,2008, the CITY adopted Resolution No. 2008-325 approving Consultant Services Agreement with the firm of Willdan to provide On-Call Traffic Engineering Services; and B. WHEREAS, CITY and CONSULTANT wish to amend the Scope of Services to specifically include design of traffic signals and related Capital Improvement Projects (CIP) and to increase the budget therefor; and C. WHEREAS, CONSULTANT 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 D. WHEREAS, no official or employee of CITY has a financial interest, within the provisions of California Govemment Code, Sections 1090-1092, in the subject matter of this Agreement; and E. WHEREAS, the Consultant Services Agreement with Willdan as approved by Resolution No. 2008-325 is valid through June 30, 2009, although the Agreement may be administratively extended by the Director of Development Services for a maximum of one (1) additional year subject to agreement of both parties in writing. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 1.1 "Scope of Services" is hereby amended to add the following: 1.1.1 In addition to the language in the Consultant Services Agreement as approved by Resolution No. 2008-325, the Scope of Services shall specifically include the design of traffic signals and related CIP projects. 2. Section 2.1 "Compensation" is hereby amended to add the following: 2.1.1 Total compensation for On-Call Traffic Engineering Services as described in the Consultant Services Agreement per Resolution No. 2008-325 shall be subject to an aggregate limit of $50,000 together with other consultants performing on-call traffic engineering services, with no minimum amount of compensation guaranteed. \ \Sierra\DS\_Public Works\RFCA's\2009 All\03-16-09\Amend No 1 to Agreement for On.call Traffic Engineering\ Willdan- Amend #1 to Agreement On-Call Traffic Engineering.doc 1 2009-58 EXHIBIT."A" 2.1.2 Total cornpensation for design of traffic signals and related CIP projects, as described in this Arnendrnent No. I, shall be subject to an aggregate limit of $60,000 together with other consultants designing traffic signals and related CIP projects, with no minimum amount of design work guaranteed. 2.1.3 Compensation to each Consultant for design of traffic signals and related CIP projects, as described in this Amendment, shall be based on a not-to- exceed or fixed fee proposal submitted by the Consultant at the request of and approved by the City Engineer. 3. Section 3.1 "Commencement and Completion of the Work" is hereby amended to add the following: 3.1.1 A Schedule for design of traffic signals and related CIP projects as described in this Amendment No. I shall be submitted in the form of a Gantt chart as part of the Consultant's not-to-exceed or fixed fee proposal referenced in Section 2.1.3 above 4. All other terms and conditions of said Consultant Services Agreement approved by Resolution No. 2008-325 shall remain unchanged. III III \ \Sierra\DS\]ublic Works\RFCA's\2009 All\03-16-W\Amend No 1 to Agreement for On-Z:all Traffic Engineering\ WilIdan- Amend #1 to Agreement On-Z:all Traffic Engineering,doc 2 2009-58 . AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT 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, A Municipal Corporation, CONSULTANT WILLDAN rg, Interim City Manager B~Rk~ SIgnature J1Q!~~ \... c;We?\YJ<o:> I ~. \lice ~~O?.....tt~ Name and Title Mark. Approved as to form: James F. Penman, City Attorney ~ \ \Sierra\DS\]ublic Works\RFCA's\2009 All\03-1Ml9\Amend No 1 to Agreement for On-Call Traffic Engineering\ Willdan- Amend #1 to Agreement On-Call Traffic Engineering.doc 3 \ ~ \ ~l ~ 3:to ;i1l !il ~ ~ 01': ~ ia 2:~ ~ .... o o ~ ~ ~ ~ '" ~t p9J '" ~~ *- (') ~ o "T\ rJl ~ Ol m ~ ~ o Z o 01:1 l::!~ S 1."l N ... ~S z~ ",C::n ....3:0 t=~ :.l... ~ \' \ \U\\ ~ '" '" fill~\ .. R ~ 11'. liQ ~ ~ \(1\' ~ ~ ~ "H \ ~~ ~ ~ l\.'n~ ~~ :1: ~ i 11\:!~ g"tl ~;f l. ~>;::I "1 H /,>z ~ i \ i{ % ~ \'. ~\ ~~ ~ 'f L ~o ~ h ii.'" ~ .. 1{ o ~a i. HH ~ ti. it g~ \~ h ;s~ \ ~.~ go It- "'): f;' ;;j i it t ~~. Ol > ~ Q ~\ .." (11 '0 > ,/'~~ :tlt,;~ ~ \'CO:\ ';;";<<:.'-'0 ...-~",:-~~ ';:<$..~'f ~ N g'il ~ ~ '" 0 ~ m .. .. o " ~ c:: " " m " o " o .. . Cllent#. 6540 WILLDAN /., .4 CORD.. CERTIFICATE OF LIABILITY INSURANCE I . DATE (MMiDDJYY) 10/31/08 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. '>anla Ana, CA 92711-D550 14427-6810 INSURERS AFFORDING COVERAGE INSURED INSURER /4;. Zurich American Insurance Co. Willdan Engineering INSURER B, American Automobile Ins. Co. 2401 E. Katella Avenue, Ste. 300 INSURER c, XL Specialty Insurance Co. Anaheim, CA 92806 INSURER 0: I INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUe> POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~f:1 TYPE OF INSURANCE POLlCY NUMBER P2~",Y, EFFECTIVE POUCY EXPIRATION UMITS A ~NERAL UABILITY GL0904316303 11/09/08 11/09/09 EACH OCCURRENCE 51 000 000 X COMMERCIAL GENERAL LlABlLIlY FIRE DAMAGE (Anyone fire) 51 000 000 I CLAIMS MADE [i] OCCUR INDP. CONTRACTORS MEO EXP (Anyone person) 510000 ~ CONTRACTUAL INCLUDED PERSONAL & ADV INJURY 51 000 000 ~ BFPD. XCU GENERAL AGGREGATE 52 000 000 n'LAGG~ril LIMIT AnS1PER: PRODUCTS .COMP/OP AGG 52 000 000 POLICY X ~$.9; LOC A ~OIlOBlLE LIABILITY BAP904316203 11/09/08 11/09/09 COMBINED SINGLE LIMIT K. ANY AUTO (Eaaccldent) 51,000,000 - ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) - K. HIRED AUTOS BODILY INJURY 5 .!.. NON-OWNEO AUTOS (Per accident) PROPERTY DAMAGE 5 (Ptlraccldent) ==rCE UABIUTY AUTO ONLY. EA ACCIDENT 5 ANY AUTO OTHER THAN EA ACe 5 AUTO ONLY: AGG 5 EXCESS UABIUTY EACH OCCURRENCE 5 :rOCCUR 0 ClAIMS MADE AGGREGATE 5 5 R ~EDUCTIBLE . 5 RETENTION 5 5 B WORKERS COMPENSAnON AND WZP80967141 11/09/08 11/09/09 X we STATU. I IOJ~' EMPLOYERS' UABILITY 51 000 000 E.L. EACH ACCIDENT E.L. DISEASE. EA EMPLOYEE 51 000.000 E.L. DISEASE - POLICY LIMIT 51 000 000 C OTHER Professional DPR9614659 11/09/08 11/09/09 $1,000,000 per claim ,,"iability $1,000,000 annl aggr. DESCRIPTION OF OPERAnONBn..OCATtDNSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENTISPEClAL PROVISIONS General Liability policy excludes claims arising out of the perfonnance of professional services RE: Traffic engineering services related to various development and capilallmprovement projects (SBe Attached Descriptions) CERTIFICATE HOLDER I I ADOmoNALINSURED'INSURERLETIER: CANCELLATION T__ I . I SHOULD ANYOFTHEABOV'E DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRAT10I City of San Bernardino DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOMAlL3.0..-DAYSWRlTTEI All: ValeriB C. Ross NOTICETOTHE CERnFICAlE HOLDERNAMEDTOTHELEFT, BUTFAlLURE TODOSOSHALL Dir. of Development Services IMPOSE NO OBLIGATION ORLIABILITYOF ANY KIND UPON THE INSURER,ITSAGENTS 01 300 North "0" Street REPRESENTAnvES. San Bernardino, CA 92418 ~D,":,PRES~ATIVE . I ACORD 25-5 (7/97)1 of 2 #M241865 RLL '" ACORD CORPORATION 1 " . City of San Bernardino and Its elected and appointed boards, officers, agents and employees are additional insured as respects to General Liability as required by written contract. Primary and Non-Contributing overage applies to GL as required by written contract. (INDUSTRY) ~.. , . ".,. AMS 25.3 (07/97) 2 of 2 #M241865 . Additional Insured - Automatic - Owners, Lessees Or Contractors - Broad Form ~ ZURICH Policv No. Elf. Date of Pol Exp. Date of Pol Elf. Date of End Producer Add'l Prom. Return Prem. GL0904316303 11/09/08 11/09109 11/09/08 >>ealey, $ N/A $ N/A Renton THlS ENDORSEMENT CHANGES THE POLICY PLEASE READ 1T CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section II) is amended to include as an insured any person or organization whom you are required to add as an additional insured on this policy wider a written contract or written agreement B. The insurance provided to additional insureds applies only to "bodily injury", "property damage" or "personal and advertis. ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY, but only if: 1. The ''bodily injury" or "property damage" results from your negligence; and 2. The "bodily injury", "properly damage" or "personal and advertising injury" results directly from: a Your ongoing operations; or b. '<Your work" completed as included in the ''products-completed operations hazard', performed for the additional insured, which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy; or b. That is any broader coverage than you are required to provide to the additional insured person or organization in the written contract or written agreement; and 2. We will not provide Limits ofInsurance to any additional insured person or organization that exceed the lower of: a The Limits of Insurance provided to you in this policy; or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: 1. "Bodily injury", ''property damage" or ''personal and advertising injury" that results solely from negligence of the additional insured, or 2. "Bodily injury", "property damage" or ''personal and advertising injury" arising out of the rendering or failure to render any professional architectural, engineering or surveying services including U-GL-I I75-A CW (9/03) Pagel of 2 a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and b. Supervisory, inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim: 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "snit" will promptly be brought against any policy issned by another insurer under which the additional insured. also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contnbution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragrapb 4.c. of SECTION TV. COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the tenns and conditions of this endorsement continue to apply as writ- ten. V.GL- l175-A CW (9/03) Page 2 of2 EXHIBIT "B" 2009-58 AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT THIS AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT is made and entered into this 16th day of March , 2009 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("CITY"), and Transportation Engineering and Planning, Inc. ("CONSULTANT"). WITNESSETH: A. WHEREAS, On August 18,2008, the CITY adopted Resolution No. 2008-325 approving Consultant Services Agreement with the firm of Transportation Engineering and Planning, Inc. to provide On-Call Traffic Engineering Services; and B. WHEREAS, CITY and CONSULTANT wish to amend the Scope of Services to specifically include design of traffic signals and related Capital Improvement Projects (CIP) and to increase the budget therefor; and C. WHEREAS, CONSULTANT 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 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; and E. WHEREAS, the Consultant Services Agreement with Transportation Engineering and Planning, Inc. as approved by Resolution No. 2008-325 is valid through June 30, 2009, although the Agreement may be administratively extended by the Director of Development Services for a maximum of one (1) additional year subject to agreement of both parties in writing. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1. Section 1.1 "Scope of Services" is hereby amended to add the following: 1.1.1 In addition to the language in the Consultant Services Agreement as approved by Resolution No. 2008-325, the Scope of Services shall specifically include the design of traffic signals and related CIP projects. 2. Section 2.1 "Compensation" is hereby amended to add the following: 2.1.1 Total compensation for On-Call Traffic Engineering Services as described in the Consultant Services Agreement per Resolution No. 2008-325 shall be subject to an aggregate limit of $50,000 together with other consultants performing on-call traffic engineering services, with no minimum amount \ \Sierra\DS\_Public Works\RFCA's\2009 All\03-16-09\Amend No 1 to Agreement forOn-Call Traffic Engineering\ TEP-Amend #1 to Agreement On-Call Traffic Engineering.doc 1 EXHIBIT ~'B" 2009-58 of compensation guaranteed. 2.1.2 Total compensation for design of traffic signals and related CIP projects, as described in this Amendment No.1, shall be subject to an aggregate limit of $60,000 together with other consultants designing traffic signals and related CIP projects, with no minimum amount of design work guaranteed. 2.1.3 Compensation to each Consultant for design of traffic signals and related CIP projects, as described in this Amendment, shall be based on a not-to- exceed or fixed fee proposal submitted by the Consultant at the request of and approved by the City Engineer. 3. Section 3.1 "Commencement and Completion of the Work" is hereby amended to add the following: 3.1.1 A Schedule for design of traffic signals and related CIP projects as described in this Amendment No. I shall be submitted in the form of a Gantt chart as part of the Consultant's not-to-exceed or fixed fee proposal referenced in Section 2.1.3 above 4. All other terms and conditions of said Consultant Services Agreement approved by Resolution No. 2008-325 shall remain unchanged. III III \ \Sierra\DS\_Public Works\RFCA's\2009 All\03-16-09\Amend No 1 to Agreement for On-Call Traffic Engineering\ TEP-Amend #1 to Agreement On-Call Traffic Engineering.doc 2 EXHIBIT."B" 2009-58 AMENDMENT NO.1 TO CONSULTANT SERVICES AGREEMENT 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, A Municipal Corporation, CONSULTANT Transportation Engineering and Planning, Inc. By ~e iL c,~~ s. M~l_ '.- Name ap.d Title S?res.....L. t-- Approved as to form: James F. Penman, City Attorney , \ \Sierra\DS\_Public Works\RFCA's\2009 All\03-16-09\Amend No 1 to Agreement for On-Call Traffic Engineering\ TEP-Amend #1 to Agreement On-Call Traffic Engineering.doc 3