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HomeMy WebLinkAboutR48-Economic Development Agency CITY OF SAN BERNARDINO ECONOMIC DEVELOPMENT AGENCY FROM: Emil A. Marzullo Interim Executive Director SUBJECT: Ludwig Engineering, Inc. - Agreement for Professional Services for Engineering and Construction Management Services for the 16" Street to 19'h Street Project (Northwest Redevelopment Project Area) DATE: June 9, 2011 ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------. Svnopsis of Previous Commission/CounciVCommittee Action(s): On June 9, 2011, Redevelopment Committee Members Johnson, Marquez, and Brinker unanimously voted to recommend that the Community Development Commission consider this action for approval. -----------------------------------------------------------------------------------------------------------------------------------------------------------------------------.---------------. Recommended Motion(s): (Communitv Development Commission) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Agreement for Professional Services by and between the Agency and Ludwig Engineering, Inc., for Engineering and Construction Management Services for the 16th Street to 19th Street Project (Northwest Redevelopment Project Area) ____________________________________________________ ____n_________________________ _____________________________________________________ _________________________ _______________________ _________________ Contact Person(s): Kathleen Robles Phone: (909) 663-1044 Project Area(s): Northwest Ward(s): 6 Supporting Data Attached: o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s) FUNDING REQUIREMENTS: Amount: $ $357,985 Source: 2011B Bond Proceed Budget Authority: Fiscal Year 2010-2011 Budget Signature: Emil A. Marzullo, Int Fiscal Review: tive Director Lori Panzi terim Chief Financial Officer --------------------------- -------------------------------------------------------------------------------------------------------------- ---------------------------- ------------------------------ Commission/Council Notes: Pc\Agendas\Comm Dev Commission\CDC 2011\06-20-11 Ludwig Engineering PSA CDC SRdocx COMMISSION MEETING AGENDA Meeting Date: 06/20/2011 Agenda Item Number: ~ ~la.c.~~ -p~~ ECONOMIC DEVELOPMENT AGENCY STAFF REPORT LUDWIG ENGINEERING, INC. AGREEMENT FOR PROFESSIONAL SERVICES FOR ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE 16TH STREET TO 19TH STREET PROJECT (NORTHWEST REDEVELOPMENT PROJECT AREA) BACKGROUND: On December 6, 2010, the Mayor and Common Council of the City of San Bernardino, the Community Development Commission of the City of San Bernardino, and the San Bernardino Joint Powers Financing Authority authorized the issuance of Tax Allocation Bonds Series B (the "Series 201lB Bonds") in the amount not to exceed $6,000,000 for infrastructure improvements in the Northwest Redevelopment Project Area. On February 9,2011, the Series 201lB Bonds were issued for a principal amount of $3,220,000. After the cost of issuance, the net sum of $2,701,557.27 was received to fund the Northwest Redevelopment Project Area Project (the "Project") by the Redevelopment Agency of the City of San Bernardino (the "Agency"). In order to prioritize what infrastructure was needed in the Northwest Redevelopment Project Area, the Northwest Redevelopment Project Area Committee (PAC) was enlisted by Agency Staff in this effort. The PAC canvassed the Northwest Project Area and identified approximately 30 streets and/or areas in need of capital improvements ranging from curb and gutter replacement to sidewalk construction and street repair to lighting and light pole replacement. From this list, Agency Staff analyzed each street/area for need and proximity to like infrastructure needs. The area from 16th Street north to 19th Street and Washington Avenue between North Arizona Avenue and North Colorado Avenue was selected as shown in Exhibit "A.~' CURRENT ISSUE: In anticipation of funds from the Series 20 II B Bonds being received for the Project, along with other infrastructure projects that will be forthcoming in the Downtown and Inland Center Drive/"E" Street corridor areas, on January 13,2011, the Agency released a Request for Qualifications (the "RFQ") for Engineering and Construction Management Services. Of the eighteen (18) firms responding to the RFQ, five (5) were subsequently shortlisted and are highlighted in the table below. Firms Respondinl( to RFQ I. AEI-CASC Consulting 2. Joseph R Bonadiman & Assoc 3. David Evans Associates 4. Engineering Resources 5. Harris & Associates 6. Hernandez, Kroone & Associates 7. Huitt-Zollars 8. KOA Corporation 9. Ludwig Engineering Location Colton San Bernardino Ontario San Bernardino Rancho Cucamonga San Bernardino Ontario Ontario San. Bernardino P:lAgendaslComm Dev CommissionlCDC 2011 \06.20.11 Ludwig Engineering PSA COC SR.docx COMMISSION MEETING AGENDA Meeting Date: 06/20/2011 Agenda Item Number: t2I1<3 Economic Development Agency Staff Report Ludwig Engineering, Inc. ~ Agreement for Professional Services Page 2 10. Parsons Brinkerhoff II. Pfeiler & Associates 12. RBF Consulting 13. Rick Engineering 14. RKAConsulting 15. TKEngineering 16. Transtech Engineers, Inc. 17 . VA Consulting, Inc. 18. Willdan Engineering San Bernardino Chino Ontario Riverside Walnut Riverside San Bernardino Corona San Bernardino On April 29, 2011, a Request for Proposals (the "RFP") for Engineering and Construction Management Services - 16'h Street to 19'h Street in the Northwest Redevelopment Project Area was sent to the five (5) firms shortlisted. All five firms responded to the RFP. Based on selection committee recommendations, the Redevelopment Committee has recommended Ludwig Engineering, Inc., with a local office in San Bemardino, to perform the engineering and construction management services as set forth in the RFP. ENVIRONMENTAL IMP ACT: None. This activity does not meet the definition of a "Project" under Section 15378 of the California Environmental Quality Act, which states that a "project" means the whole of an action, which has a potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment. Prior to the commencement of construction of the infrastructure improvements, the Agency will obtain the environmental clearance necessary to proceed with said construction. FISCAL IMPACT: There will be no impact to the General Fund. The cost for the Ludwig Engineering, Inc. Agreement for engineering and construction management services is $311,291, with a 15% contingency of $46,694, for a totalof$357,985. This Agreement will be funded through the Series 201lB Bonds. RECOMMENDA nON: That the Community Development Commission adopt the attached Resolution. P,\Agcndas\Comm nev C'-Omm;ss;ooICDC 2011\06-20-1 J Ludwig Engineering PSA CDC SR.don COMMISSION MEETING AGENDA Meeting Date: 06/20/201 I Agenda Item Number: 1Z-tt t( EXHIBIT" A" 1 2 3 4 5 6 7 8 9 RESOLUTION NO. RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY AND LUDWIG ENGINEERING, INC., FOR ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE 16TH STREET TO 19TH STREET PROJECT (NORTHWEST REDEVELOPMENT PROJECT AREA) WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a 10 public body, corporate and politic existing under the laws of the State of California, California 11 Community Redevelopment Law, Health and Safety Code Section 33000, et seq., and is charged 12 with the mission of redeveloping blighted and underutilized land; and 13 WHEREAS, the Community Development Commission of the City of San Bernardino (the 14 "Commission") is the governing body for the Agency; and WHEREAS, on December 6, 2010, the Mayor and Common Council of the City of San 15 16 Bernardino, the Community Development Commission of the City of San Bernardino, and the San 17 Bernardino Joint Powers Financing Authority authorized the issuance of Tax Allocation Bonds 18 Series B (the "Series 201lB Bonds") in the amount not to exceed $6,000,000 for infrastructure 19 improvements in the Northwest Redevelopment Project Area; and 20 WHEREAS, the Northwest Redevelopment Project Area Committee was enlisted by 21 Agency Staff to assist in identifying and prioritizing streets within the Northwest Redevelopment 22 Project Area in need of infrastructure improvements; and 23 WHEREAS, in April 20 II, the Agency Staff released a Request for Proposal for engineering 24 and construction management services for the 16th Street north to 19th Street and Washington 25 Avenue between North Arizona Avenue and North Colorado Avenue area (the "Selected Area"); 26 and 27 WHEREAS, on June 9,2011, Agency Staffrecommended to the Redevelopment Committee 28 that an agreement for professional services (the "Agreement") be entered into with Ludwig I P:\Agendas\Resolutions\Resolutions\2011\06-20-11 Ludwig Engr - PSA CDC Reso,docx 1 Engineering, Inc. (the "Consultant"), to perform the engineering and construction management 2 services for the Selected Area; and 3 WHEREAS, the Agency Staff recommends to the Commission approval and authorization 4 for the Interim Executive Director of the Agency to sign said Agreement in the amount of$357,985, 5 attached hereto as Exhibit "A." 6 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE 7 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS 8 FOLLOWS: 9 Section 1. The information set forth in the above recitals of this Resolution is true and 10 correct. 11 Section 2. The Commission hereby approves and hereby authorizes the Interim 12 Executive Director of the Agency to execute the Agreement with the Consultant, on behalf of the 13 Agency together with such technical and conforming changes as may be recommended by the 14 Interim Executive Director and approved by the Agency Counsel and the City Attorney. The 15 Interim Executive Director of the Agency or such other designated representative of the Agency is 16 further authorized to do any and all things and take any and all actions as may be deemed necessary 17 or advisable to effectuate the purposes of the Agreement, including making non-substantive 18 modifications to the Agreement. 19 Section 3. This Resolution shall take effect from and after its date of adoption by this 20 Commission. 21 III 22 III 23 III 24 III 25 III 26 III 27 III 28 III 2 P:\Agendas\Resomtions\Resolutions\2011\06-20-1] Ludwig Engr - PSA CDC Reso.docx 1 2 3 4 5 6 7 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO APPROVING AND AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") TO EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BY AND BETWEEN THE AGENCY AND LUDWIG ENGINEERING, INC., FOR ENGINEERING AND CONSTRUCTION MANAGEMENT SERVICES FOR THE 16TH STREET TO 19TH STREET PROJECT (NORTHWEST REDEVELOPMENT PROJECT AREA) I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 8 Development Commission of the City of San Bernardino at a , 20 II, by the following vote to wit: 20 The foregoing Resolution is hereby approved this 21 22 23 24 Approved as to Form: Abstain Absent Secretary day of ,2011. Patrick J. Morris, Chairperson Community Development Commission ofthe City of San Bernardino 25 26 By: \ (.;:--'~~. f_ -Agency 0 . sel 27 28 3 P:\Allendas\Resolutions\Resolutions\2011\06-20-11 Ludwig Engr - PSA COC Reso,docx EXHIBIT "A" REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO AGREEMENT FOR PROFESSIONAL SERVICES LUDWIG ENGINEERING, INC. This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and entered into as of June 20, 2011 by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO (the "Agency"), a public body, corporate and politic, and LUDWIG ENGINEERING, INC. (the "Consultant"). NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "A" shall be responsible for the direction of any work to be performed by the Consultant and any other consultants or sub-consultants to the Agency under this Agreement. The Consultant shall not undertake any work under the terms of this Agreement, unless instructed to do so by one of the designated staff members. No other staff member is authorized by the Agency to request services from the Consultant. 2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first appearing in this Agreement and will terminate upon the completion of the services described in the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this Agreement. The Agency reserves the right through the actions of the Interim Executive Director to terminate this Agreement at anytime either with or without cause and at the sole convenience of the Agency upon delivery of notice oftermination to the Consultant; provided, however, that upon the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse the Consultant for all services, materials and supplies as may have been furnished to the Agency in accordance with the Scope of Services as referenced in Section 3. 3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide the professional consulting services set forth in the Scope of Services attached hereto as Exhibit "B" and incorporated herein by this reference. The Consultant hereby agrees to perform the work set forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant shall perform the services as set forth on said Scope of Services within the time periods to be identified by the appropriate Agency representative. P:'AgendaslAgenda Attad1ments\Extiibits\2011\06-20-11 Ludwig. EXHIBIT A to CDC Reso.docx 4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT. A. The Agency shall compensate the Consultant on a time and materials basis not to exceed $357,985 for completion of the services described in the Scope of Services set forth in Exhibit "B" billed monthly to the Agency on a time and materials basis for the services as actually rendered for each task on a monthly period not to exceed the Total Fee for the performance of each work task and the delivery of the final work product. B. The compensation designated in subsection 4. A. shall be the not to exceed Total Fee for the performance of the work on a monthly invoiced time and material basis and the delivery of the final work product materials, as set forth in the Scope of Services. The Total Fee shall include, but not be limited to, the salaries of all sub-consultants retained by the Consultant and all employees of the Consultant to perform work pursuant to this Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel, graphics, telephone, printing, fax transmission, postage, copies and such other expenses related to completion of the work set forth in the Scope of Services. C. The Consultant shall invoice the Agency for work performed by the Consultant under this Agreement each calendar month during the term of this Agreement. D. The Consultant shall submit invoices under this Agreement to: Redevelopment Agency of the City of San Bernardino Attention: Kathleen Robles, Project Manager 201 North "E" Street, Suite 301 San Bernardino, California 92401 E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant incurred in performance of the Scope of Services, during the period oftime for which the invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the individual personnel of the Consultant and any individual sub-consultants utilized by the Consultant, during the time period covered by the invoice, a description of the professional services rendered on a daily basis by each named individual during such time period, the respective hourly rates of each named individual and the actual time expended by each named individual. Each invoice of the Consultant shall be accompanied by copies of all third party invoices for other direct costs incurred and paid by the Consultant during such time period. The Agency shall pay all amounts set forth on the invoices of the Consultant and approved by the authorized Agency Staff personnel who requested the services, within thirty (30) days after such approval. 5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the Consultant and available to the Agency for examination and for purposes of performing an audit for a period of five (5) years from the date of expiration or termination of this Agreement or for a longer period, as required by law. Such records shall be available to the Agency and to appropriate county, state or federal agencies and officials for inspection during the regular business hours of the Consultant. Ifthe Consultant does not maintain regular business hours, then such records shall be available for inspection between the hours of 9 a.m. and 4 p.m. Monday 2 P;'Agendas\A.genda Altachments\Exhibits\2011\06-20-11 Ludwig. EXHIBIT A to CDC Reso.doc:x through Friday, excluding federal and state government holidays. In the event of litigation or an audit relating to this Agreement or funds paid to the Consultant by the Agency under this Agreement, such records shall be retained by the Consultant until all such litigation or audit has been resolved. 6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its officers, employees, representatives, and agents from and against any and all actions, suits, proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees, for injury or damage of any type claimed as a result of the negligent acts or omissions of the Consultant, its officers, employees, sub-consultants and agents, to the extent arising from or related to negligent performance by the Consultant ofthe work required under this Agreement. 7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "C" to this Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the Agency pursuant to Section 6. above to the extent the Consultant is not covered by applicable insurance for all losses and damages incurred by the Agency that are caused directly or indirectly through the actions or inactions, willful misconduct or negligence of the Consultant in the performance of the duties incurred by the Consultant pursuant to this Agreement. 8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND INFORMATION. All maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents generated by or on behalf of the Consultant for performance of the work (collectively, the "Work Products") set forth in the Scope of Services shall upon payment for those services embodying the particular element of the Work Products, become the sole property of the Agency, and the Work Products shall thereafter be delivered to the Agency upon written request from the Agency to the Consultant. The Consultant shall not make use of any maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and other materials whether for marketing purposes or for use with other clients when such have become the property of the Agency without the prior express written consent of the Agency except to the extent that such maps, photographs, data, information, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents are readily available to the general public as public records pursuant to State law; provided, however, that the Consultant may retain copies of any such items for their business records. The Consultant shall execute, acknowledge and perform any and all acts which shall be reasonably required in order for the Agency to establish unequivocal ownership of the maps, photographs, data, infonnation, reports, drawings, specifications, computations, notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations, correspondence or other documents and record, register and procure an issuance in or to the Agency's rights, title and/or interest. Any reuse without written verification or adaptation by the Consultant for the specific purpose intended will be at the Agency's sole risk and without liability or legal exposure to the Consultant.6 3 P:\AgendaslAgenda Attad1ment$\Exhib~sI2011\06-20-11 L~ig - EXHIBIT A to CDC Reso.docx 9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or confirmation of the same related to the work to be performed by the Consultant under this Agreement shall only be made by the Consultant with the prior written consent of the Agency. 10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep confidential all reports, survey notes and observations, information, and data acquired or generated in performance of the work set forth in the Scope of Services, which the Agency designates confidential. None of such designated confidential materials or information may be made available to any person or entity, public or private, without the prior written consent of the Agency. II. DEFAULT AND REMEDIES. A. Failure or delay by any party to this Agreement to perform any material term or provision of this Agreement shall constitute a default under this Agreement; provided, however, that if the party who is otherwise claimed to be in default by the other party commences to cure, correct or remedy the alleged default within seven (7) calendar days after receipt of written notice specifYing such default and shall diligently complete such cure, correction or remedy, such party shall not be deemed to be in default hereunder. B. The party which may claim that a default has occurred shall give written notice of default to the party in default, specifYing the alleged default. Delay in giving such notice shall not constitute a waiver of any default nor shall it change the time of default; provided, however, the injured party shall have no right to exercise any remedy for a default hereunder without delivering the written default notice, as specified herein. C. Any failure or delay by a party in asserting any of its rights or remedies as to any default shall not operate as a waiver of any default or of any rights or remedies associated with a default. Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the parties under this Agreement are cumulative and the exercise by any party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other party. D. In the event that a default of any party to this Agreement may remain uncured for more than seven (7) calendar days following written notice, as provided above, a "breach" shall be deemed to have occurred. In the event of a breach, the injured party shall be entitled to seek any appropriate remedy or damages by initiating legal proceedings. 12. TERMINATION. A. This Agreement may be terminated by either party for any reason by giving the other party fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for all work authorized by the Agency and completed, prior to the effective termination date. B. In the event ofa termination of this Agreement under this Section 12, the Consultant shall provide all documents, notes, maps, reports, data or other work product developed in 4 P:\Agendas'Agenda Attachments\Exhib~s\2011\CJ6..20-11ludwig - EXHIBIT A to COG Reso,docx performance of the Scope of Services of this Agreement to the Agency, within ten (10) calendar days of such termination and without additional charge to the Agency. 13. NOTICES. All notices given hereunder shall be in writing. Notices shall be presented in person or by certified or registered United States Mail, return receipt requested, postage prepaid or by overnight delivery by a nationally recognized delivery service to the addresses set forth below. Notice presented by United States Mail shall be deemed effective on the third business day following the deposit of such Notice with the United States Postal Service. This Section 13 shall not prevent the parties hereto from giving notice by personal service or telephonically verified fax transmission, which shall be deemed effective upon actual receipt of such personal service or telephonic verification. Either party may change their address for receipt of written notice by notifying the other party in writing of a new address for delivering notice to such party. CONSULTANT: Ludwig Eugineering, Inc. Attention: Jim Fry 109 E. 3'd Street San Bernardino, CA 92410 AGENCY: Redevelopment Agency of the City of San Bernardino Attention: Emil A. Marzullo, Interim Executive Director 20 I North "E" Street, Suite 30 I San Bernardino, California 92401 14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws, including, but not limited to, environmental acts, rules and regulations applicable to the work to be performed by the Consultant under this Agreement. The Consultant shall maintain all necessary licenses, including a City of San Bernardino Business License, and registrations for the lawful performance of the work required of the Consultant under this Agreement. IS. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in the performance of the Scope of Services of this Agreement. Without limitation, the Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because ofrace, color, religion, sex, marital status of national origin. Further, the Consultant 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 shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading and promotion. In addition, the Consultant 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. 16. CONSULTANT AND EACH SUB-CONSULTANT ARE INDEPENDENT CONTRACTORS. The Consultant shall at all times during the performance of any work described in the Scope of Services be deemed to be an independent contractor. Neither the Consultant nor any of its sub- consultants shall at any time or in any manner represent that it or any of its employees are employees of the Agency or any member agency of the Agency. The Agency shall not be requested or ordered to assume any liability or expense for the direct payment of any salary, wage or benefit to any person employed by the Consultant or its sub-consultants to perform any item of 5 P:'Agendas\Agenda Attachments\Exhib"s\2011\06-20-11ludwig - EXHIBIT A to COC Resa,docx work described in the Scope of Services. The Consultant is entirely responsible for the immediate payment of all sub-consultant liens. 17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and independent covenant and agreement. If any term or provision of this Agreement or the application thereof to certain circumstances shall be declared invalid or unenforceable, the remainder of this Agreement, or the application of such term or provision to circumstances other than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted bylaw. 18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties. This Agreement supersedes all prior negotiation, discussions and agreements between the parties concerning the subject matters covered herein. The parties intend this Agreement to be the final expression of their agreement with respect to the subjects covered herein and a complete and exclusive statement of such terms. 19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by written instrument duly approved and executed by each of the parties hereto. Any such modification or amendment shall be valid, binding and legally enforceable only if in written form and executed by each of the parties hereto, following all necessary approvals and authorizations for such execution. 20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California. Any legal action arising from or related to this Agreement shall be brought in the Superior Court of the State of California in and for the County of San Bernardino. 21. NON- WAIVER. Failure of either party to enforce any provision of this Agreement shall not constitute a waiver of the right to compel enforcement of the same provision or any remaining provisions of this Agreement. 22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior written consent of the Agency. 23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind the parties each purports to represent. 24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one (I) or more counterparts, each of which will constitute an original. 25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not be binding on the Agency until signed by an authorized representative of the Consultant, approved by the government board of the Agency and executed by the Interim Executive Director or his designee. 26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to the Agency or the City at the time of execution of this Agreement except as previously disclosed 6 P:\AgendaslAgenda Attact1ments\Ext1ibitsI2011\06.20-11 Ludwig - EXHIBIT A 10 CDC Reso,Qocx to the Agency Staff and in particular with respect to other work being performed by the Consultant for i) the lot line adjustment for Theater Square and ii) the access road design for Theater Square. The Consultant hereby agrees that, during the term of this Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental or adverse to the Agency or the City. Additionally, the Consultant hereby represents and warrants to the Agency that the Consultant and any partnerships, individual persons or any other party or parties comprising the Consultant, together with each sub-consultant who may hereafter be designated to perform services pursuant to this Agreement, do not have and, during the term of this Agreement, shall not acquire any property ownership interest, business interests, professional employment relationships, contractual relationships of any nature or any other financial arrangements relating to the Agency, property over which the Agency has jurisdiction or any members or staff of the Agency that have not been previously disclosed in writing to the Agency, and that any such property ownership interests, business interests, professional employment relationships, contractual relationships or any nature or any other financial arrangements will not adversely affect the ability of the Consultant to perform the services to the Agency as set forth in this Agreement. 27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the Agency and the Consultant for the services set forth in Exhibit "B" or any similar or related services. The Agency may, during the term of this Agreement, Agreement with other consultants for the performance of the same, similar or related services as those that may be performed by the Consultant under this Agreement. The Agency reserves the discretion and the right to determine the amount of services to be performed by the Consultant for the Agency under this Agreement, including not requesting any services at all. This Agreement only sets forth the terms upon which any such services will be provided to the Agency by the Consultant, if such services are requested by the Agency, as set forth in this Agreement. 28. CONSEOUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant agree that except as otherwise provided in this Section 28, in no event will either be liable to the other under this Agreement for any damages including but not limited to, special damages, loss of revenue, loss of profit, operating costs or business interruption losses, regardless of cause, including breach of Agreement, negligence, strict liability or otherwise. The limitations and exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of Agreement, tort, strict liability or otherwise of the Consultant and the Agency, their employees or sub-consultants. 29. BUSINESS REGISTRATION CERTIFICATE. The Consultant warrants that it possesses, or shall obtain immediately after the execution and delivery of this Agreement, and maintain during the period of time that this Agreement is in effect, a business registration certificate pursuant to Title 5 of the City of San Bernardino Municipal Code, together with any and all other licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to be maintained by the Consultant to conduct its business activities within the City. 7 P:\Agendas\Agenda Attactvnents\ExhibitsI2011\lJ6-.20-11 Ludwig - EXHIBIT A 10 COG Raso.docx IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date indicated next to the authorized signatures of the officers of each of them as appear below. AGENCY Redevelopment Agency of the City of San Bernardino, a public body, corporate and politic Dated: By: NOT FOR SIGNATURE Emil A. Marzullo, Interim Executive Director Approved as to Form and Legal Content: By: NOT FOR SIGNATURE Agency Counsel CONSULTANT Ludwig Engineering, Inc. By: NOT FOR SIGNATURE Name: Dated: Title: 8 P:\A.gendas\A.genda Allachments\Exhibits\2011\06-20-11 Ludwig. EXHIBIT A to CDC Resodocx EXHIBIT "A" SUPERVISORY STAFF PERSONNEL Agencv Staff: Emil Marzullo, Interim Executive Director Kathleen Robles, Project Manager Jeffrey Smith, Senior Urban Planner EXHIBIT "B" SCOPE OF SERVICES Fee Schedule ~~ ---.-...- - _........_QIl- -~-~ - __"'_-"'M_ -- -......-- Engineering and Construction Management Services - 16th Street to 19th Street in the Northwest Redevelopment Project Area urveyng ontro,cornerrecor san monumentatlon Review e~isting rig ts-o -way all reear in ormation Esta is ene mar or esignan construction Topoexistlng eatures structures utiities Xsections Provi ea constructlonsta ing See oost. Managment Createproect ases eets Delvera es:Fle ata, oriz vertcontro re erences as urveymg u tas esea e ocatlon an e arm U II agency (cor matlcn .3.2Fie ocateexstlngutiitiesSeesurveylngsection 2.3.3 Determine i pot olin may be require 2.3.4 Prepare uti itynotices. 2.3.5 Location a utiitiesonpans os tllty eseorc Ie ocatlOn rllty an u re 1m na vauaton e rtan na eSI n e ormutlltyagencycoor matlon 2.4.1 Deve op Project Deve opment Feasi i ity Ana ysis Report .4.2 Meet wit Ci ,review Project Deve opment Feasi i Ity 2.4.3Prepareconstruction ans t060% 2.4.4Pro'ect an review 60% EDA P an Review a itions, corrections 90% EDA P an Review a itions, corrections EDA Fina Review a itions, corrections 2.4.5Encroac mentpermitssu mitte 2.4. Striping Pan 2.4.7 Detai e onstruction5c e ueDeveopment 2.4.8 Constructa i i Review and Va ue En ineerin Comments 2.4. De ivera es; A mo Pons os re 1m nary va uotlon eport on mo eSlgn u tas on on ost sma relmlnary ons ru Ion stlmaes 0 su ml a 2.5.2 Fina Construction Estimates wit 100% Fina 5u mittal 2.5. De iverab es; ConstructIon Cost on Requeste Me ia os tllty eseorc Ie acatlOn tllty an u tas ec n ec ca ons reparean rOYI e ec mca pecllcalons PrepareSpecia Provisions PrepareBi 5c e ue Measurementan Payment 90% Review Fna Review 2.6. Deivera es:Fina Spec! Ications as e mca peel eo Ions u as al. aste n an ra c on ro an re are evew rocess eportsan ans ReviewContraetorPrepare Hal.WasteMngtPan Review Contractor Pre aredNPDE5 PrepareConceptua 5WPPP Review Contractor Pre ared 5WPPP ReviewContractorPrepare Tra Ie Contra Plan 90%Revew Fina Revew 2.7.2 Deivera es:A Reports os oz. aste ngtpon TOTAl TASK 1 " " 2..2 .2.3 2.2.4 2.2.5 2.2.6 .2.7 reparaono I Pre. i Meeting 3.3 Respon to Contractor RFI s .4PrepareA en al Ne e 3. Review,Ver an Ta u ate BI s orCity u mltta as /tIgotlono UI mg ncraoe ment 1 4 24 8 1 4 4 40 24 8 , , , 1 , 16 4 32 8 4 8 36 4 100 16 80 4 4 4 1 1 4 4 4 60 4 4 8 8 16 4 4 60 11 , 8 4 4 4 8 4 , 4 4 4 16 8 4 4 4 4 8 4 8 4 4 4 8 8 4 R;IPROP<lSALSlSttNI.'H_Projootl\CIIy,'lSoo1Io""""'no,,...St"lVChBtRfPEnw-C........2011__".....' .........~CO"_.,..'...O-:l-l1~" III 4 8 36 36 , , 1 4 8 4 4 , 4 8 8 4 , , 4 410 2 260 15,234 ,942 13 5 52 " 1,706 1,514 14,960 3,466 406 ,1 4 18 37 55' 2,372 3,706 7,1 96 8 224 1, 10,068 1,104 24,468 126 22 11 13 17 28 8 16 14,234 2,394 1,369 1,485 1,946 3,264 1,104 1,784 16 6 1.924 734 28 18 11 10 6 3,254 1.932 1,404 1,254 734 1, 4 4 16 4 16 4 4 4 Revi,ed:5.3.11 DDnDn~.A' nr~r'D'DT'nAI D.._:,..". I 1_,.1,...._.':'_,.1:__ .A __.._~,.... #fI_r1 _liIlI .... --.................... ~ ,!'Sfr't'PW!r~~"'" .-:~..- ..- _-.' lhl L'-~ -----., Fee S~ hed ule . ""11""..."'&..... c."...ru_ M1IIn"ll....- ivI/il:IIl-lliiltl StrHl'lll1!lIllS1HlOtin III. Plarfl!lirelt R.dwllopmlnt PTilj<<tAI'II . illftI() 1 111t::!1t: I::>> IIU \..ICXIV VI ::>>IUt:Wi::ll" IIUIII \..Ii::lIIIUII Ili::l ';:)l. LV LIlt: IIt:W 1IIIfJIUVt:IIIt:IIL::). A couple of south side lots look lower than the street section. May need C&G, sidewalk, and street light (midway). A spandrel is needed at California 51. and ADA ramps for curb returns. TENTATIVE PROJECT SCOPE Task 1 Kick-off Meeting I Project Development . We will meet with City EDA staff, introduce our project team and discuss contact protocols with EDA staff sub-consultant duties. . Discuss the Project Development Feasibility Analysis preparation to establish design requirements and a project schedule. Request all available contact information for impacted parties. Clarify project limits, scope and objectives. Confirm timelines, schedules and milestones. . We will discuss with the Agency the possibility of taking this opportunity to review the project scope, after it is developed, with the City Public Works Department and Water Department to insure that any repair or replacement of subsurface facilities such as water, sewer, storm drain, etc. is performed while the street sections have been removed and traffic controls are in place. This will prevent saw cutting and other disturbances to the newer street improvements and save considerable funds for replacing these items in the future. Task 2 Consultant Services (Scope of Work) as listed in the RFP (The following is a generic outline only, final scope will be determined for project requirements after the Project Development Feasibility Analysis review.) Subtask 2.1 Research and Field Inventory B R:\PROPOSALSlStreet or Highway Projects\City of San Bemardiool16th SI kll9th SI RFP Eng-CM 04-29-20111"",mllOOS 16th to 19th Understanding Scope,doc PROPOSAL DESCRIPTION - Proiect Understandina, Approach and Scope Of Services 2.1.1 Field investigation and inventory will be completed prior to preparation of the Project Evaluation Report. Field inventory will include: . Photographs of existing structures and improvements . Plan sketches of critical areas and notes . Areas with existing drainage issues such as ponding and undermining. 2.2.2 We will request from the Agency any existing mapping, reports, plans, technical studies, aerial/topographical, street plans, utility plans, etc. that may be available for review prior to preliminary field design survey. 2.1.3 Coordinate with Hilltop Geotechnical for pavement coring and sub grade evaluations. 2.1.4 Geotechnicallnvestigation Subtask 2.2 Surveying 2.2.1 Project control, corner records and monumentation. 2.2.2 Ludwig Engineering will review existing rights-of-way using Assessor's parcel maps, record maps and other documentation, descriptions and plats as required. 2.2.3 Ludwig Engineering survey crews will establish benchmark for design and construction using the City and County horizontal and vertical controls. 2.2.4 Topo / locate existing features / structures / utilities and cross sections. 2.2.5 Create project base sheets. 2.2.6 Provide all construction staking and surveying. 2.2.7 De/iverables: Field data, horizontal and vertical control references and base plans. Subtask 2.3 Utility Research / Field Location / Utility Plan 2.3.1 Perform utility agency coordination and obtain available information on existing facilities and provide the utility coordination documentation to the City. 2.3.2 Field locate existing utilities, as designated by Dig Alert, for provider, type, line, grade and depth for preparation of an accurate base plan for conceptual, preliminary and final design. 2.3.3 Determine if potholing may be required for subsurface facilities locations and depths. 2.3.4 Prepare utility notices. 2.3.5 Location of all utilities on plans Subtask 2.4 Project Development Feasibility Analysis and Final Design 2.4.1 Develop Project Development Feasibility Analysis from research, survey and investigations to present to the City for city review and develop final scope of work. 2.4.2 Develop detailed design services schedule. 2.4.3 After Agency review of Project Development Feasibility Analysiswe will develop base plans and construction plans for review. Project plans shall consist of plan / profile engineering construction plans, including a standard cover sheet, construction plan sheets and detail sheets on City standard plan sheets. 2.4.4 Project plans will (typically) be reviewed at the 35%, 90% and final stages, or as requested by the Agency, prior to final signed plan submittal. 2.4.5 Encroachment permits and easement procurement (if needed) requirements are established; impacted agencies provided comments from preliminary review and have been incorporated into the final design. 9 RIPROPOSALS\Street or Highway ProjectslCity of San Bernardino\161h 51 to 19th 51 RFP Eng-CM 04-29-2011IwordlOO5 16th to 19th Understanding Soopedoc PROPOSAL DESCRIPTION - Project Understandina. Approach and Scope Of Services 2.4.6 Striping and Traffic Control plans have been prepared. reviewed and finalized. 2.4.7 Detailed construction schedule provided after 90% and final reviews. 2.4.8 Using the construction managers MACM Inc. we will perform constructability review and value engineering before finalizing the plans. Deliverables: constructability review and VE comments 2.4.9 Deliverables: Final construction and striping plans will be submitted on "0" size mylar. signed by our California registered engineer. landscape architect. traffic engineer. respectively. and electronic copies of the plans will be furnished to the Agency for their records on compact disk in AutoCAD 2009 or any format the Agency requests. Subtask 2.5 Construction Cost Estimates 2.5.1 Preliminary Construction Estimates will be developed and submitted with the 90% Plans & Specifications check for review and comment. 2.5.2 Final Construction Estimates will be submitted with the 100% Plans & Specifications submittal for final review and approval. 2.5.3 Deliverables: Cost estimates will be submitted in final form stamped and signed. camera ready and on compact disk in PDF. Excel. MSWord or other electronic media as requested. Subtask 2.6 Technical Specifications 2.6.1 Ludwig Engineering will prepare and provide technical specifications in the Greenbook format (Microsoft Word and required hardcopies) to Agency staff for approval with the 90%. 100% and final design plans submittals. Specifications to be provided shall include: . Special Provisions . Detailed Technical Specifications . Bid Schedule/Measurement and Payment in Excel 2.6.2 Deliverables: The final specifications will be stamped and signed. camera ready and on compact disk in MS Word for Windows format on final PS&E submittal. Subtask 2.7 Hazardous Waste Management Plan/NPDES/SWPPP/Traffic Control Plan 2.7.1 Prepare/Review/Process Reports and Plans Review Contractor Prepared Hazardous Waste Management Plan Review Contractor Prepared NPDES Prepare Conceptual SWPPP Review Contractor Prepared SWPPP Review Contractor Prepared Traffic Control Plan 90% City Review Final City Review 2.7.2 Deliverables: All Reports. Subtask 2.8 Project Progress Meetings 2.8.1 Kick-Off Meeting 2.8.2 We will plan on a minimum of four (4) progress meetings with Agency staff and attend one City Council meeting if requested. 2.8.3 90% Design review and meeting 2.8.4 Final Submittal and meeting. 10 R:\PROPOSAl.S\$lreet or Highway Projeds\City of San Bemardinol16th 5t to 19th 51 RFP Eng-eM 04-2'l.2011\'M)rd\OO5 16th to 19th Understanding Scope.doc PROPOSAL DESCRIPTION - Proiect Understandina, Approach and Scope Of Services 2.8.5 Deliverables: Meeting minutes prepared and delivered within 5 days. Task 3 Bidding Support Services 3.1 Assist EOA in preparing the advertisement for bid and marketing the project to prospective bidders. 3.2 Conduct a non-mandatory pre-bid meeting to discuss the project specifics and schedule for the project. 3.3 Respond to contractor pre-bid Requests for Information. 3.4 Prepare addenda as needed. 3.5 Compare, verify and tabulate the bids for recommendation to the City Task 4 Construction Support Services (with MACM Construction Management) 4.1 We will work closely with our Construction Manager to provide technical oversight during construction to confirm correct interpretation of plans, specifications. 4.2 Respond to contractor RFl's. 4.3 We will prepare a mylar set of record drawings (as builts) based on redlines provided by the contractor, Construction Manager and City's construction inspector. 4.4 Provide digital copy of project "record drawing" plans in latest AutoCad and POF format. Task 5 Construction Management Services. Manchev-Aspril Construction Management (MACM) 5.1 We will work closely with our Construction Manager throughout the duration of the project for cost effective construction methods and materials. Our constructability review will be done with the CM team which adds a different perspective, usually much more close to the construction contract timeline and cost. 5.2 The Construction Management will be performed in compliance with City of San Bernardino practices, the Green Book and the filing system to be used will be along the extensive State DOT system. Public and project safety will be followed along a project-specific plan. Extreme attention will be dedicated to traffic impact in the construction area. As the majority of work will be in residential area specific noise and dust abatement practices will be applied. The project animal control policies will be concurred with the City policies. 5.3 The Construction Manager will work along a City approved sequence and allow uninterrupted access to City inspectors and other officials. 5.4 All extra work will be authorized with the City representative in advance, change orders will be prepared and submitted to City for approval. 5.5 At a pre-construction meeting the CM team will concur with the City on all CM practices to be used, so that any practices specific to the City items are reviewed and incorporated in the CM process. All elements of submittal procedure, correspondence, certified payrolls, progress payments and extra work will be discussed and established, so that the Contractor is clear on every item. 5.6 Emergency contact information for Construction Manager. A single point of contact system will facilitate the issues and speed up the resolution. The CM team can be trimmed to reflect EONCity of San Bernardino requirements once the project is designed and a specific SOW is established. 5.7 MACM Inc. has an excellent record of meeting Client schedules and controlling project costs using the following process: develop appropriate WBS and schedule, 11 R:\J>ROPOSALS\Street or Hishway ProjectslCity of San Bemardino\16th SIlO 19th 51 RFP Eng-eM 04_29_2011Iwcml\OOS 16th to 19th Understanding SC<.IJle,doc PROPOSAL DESCRIPTION - Project Understandina, Approach and Scope Of Services monitor work progress to determine of the project is on-schedule and within budget, report any variance and establish corrective action 5.8 Quality Control and Quality Assurance - MACM Inc. quality control process involves daily close monitoring of the construction progress and quality inspection. Independent quality assurance ensures the effectiveness of the QC process and the quality of inspection documentation as well as contract administration. 5.9 MACM Inc. will implement the standard SWPPP BMPs coordinating every element with City of San Bernardino Storm Water Management and Protection Program. 5.10 Deliverables: all project files, documentation, digital photo record, lien releases and a set of as-builts at the end of the project REQUIRED STATEMENTS: . Ludwig Engineering, Inc. has the ability to provide the requested services and we will be 100% committed to the project. . Ludwig Engineering, Inc. does not have any commitments or potential commitments which may impact our assets, lines of credit, guarantor letters or ability to perform the Agreement. FEE SCHEDULE The fee schedule we are attaching in a separate envelope is tentative and is based on the improvements identified in the RFP until we have prepared the Project Evaluation Report. After report review we will prepare a detailed fee schedule when a solid scope of improvements is determined. A cost savings suggestion to the Agency would be to allow Ludwig Engineering to do both projects simultaneously while our survey crews are there. Our firm has both field and office personnel available for the work in order to bring it to a quick and successful conclusion. The Agency would be in contact with one firm, making coordination easier, and construction management costs could be reduced considerabiy, as well. MISCELLANEOUS SERVICES Potholing, aerial imaging and environmental services are available if the need may present itself during the course of preliminary I final design or construction. INSURANCE REQUIREMENTS Ludwig Engineering, Inc. carries general liability, auto insurance on all of our vehicles, professional liability, and worker's compensation. Our insurance limits are as follows: General Liability: Automobile Liability: Professional Liability: Worker's Compensation: $1,000, 000 per occurrence, $2,000,000 aggregate $1,000,000 per accident $2,000,000 per claim and in aggregate $1,000,000 per accident Our insurance carrier is admitted to do business in the State of California and we have an A+ rating. 12 R\PROPOSALS\Street or Highway Projects\CityofSan Bemardinol16th 51 10 19th 51 RFPEng.CM 04_29_2011\word\OO5 16th to 19th Undemanding Scope.ooc EXHffiIT "C" INSURANCE REQillREMENTS The Consultant shall maintain insurance policies issued by an insurance company or companies authorized to do business in the State of California and that maintain during the term of the policy a "General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests Insurance Guide," as follows: (1) Comprehensive General Liability Insurance. The Consultant shall maintain comprehensive general liability insurance of not less than Two Million Dollars ($2,000,000.00) combined single limit, per occurrence. (2) Automobile Insurance. The Consultant and each of its sub-consultants shall maintain comprehensive automobile liability insurance of not less than One Million Dollars ($1,000,000.00) combined single limit per occurrence for each vehicle leased or owned by the Consultant or its sub-consultants and used in performing work under this Agreement. (3) Worker's Compensation Insurance. The Consultant and each of its sub-consultants shall maintain worker's compensation coverage in accordance with California workers' compensation laws for all workers under the Consultant's and/or sub- consultant's employment performing work under this Agreement. (4) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy covering liability for errors and omissions of the Consultant in performing the Scope of Services of this Agreement in an amount of not less than One Million Dollars ($1,000,000.00). Concurrent with the execution of this Agreement and prior to the commencement of any work by the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the existence of the insurance coverage required herein, which coverage shall remain in full force and effect continuously throughout the term of this Agreement. Each policy of insurance that Consultant purchases in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty (30) days prior written notice to the Agency.