HomeMy WebLinkAboutR35-Economic DevelopmentCITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT
FROM: Emil A. Mazzullo
Interim Executive Director
DATE: November 7. 2008
AGENC®i
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SUBJECT: Willdan Engineering -Professional Services
Agreement for design and construction
management services for the relocation of the
sewer line at the new County court house
located at 247 West 3'd Street, San Bernardino
(Central City East Redevelopment Project
Area)
Synopsis of Previous Commission/Council/Committee Action(s):
On November 6, 2008, Redevelopment Committee Members Estrada, Johnson and Baxter unanimously voted to recommend
that the Community Development Commission consider this action for approval with a change in the scope of work to the
contract to reflect approval of Phase I only at this time.
Recommended Motion(s):
(Community 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 a Professional Services Agreement by and between the Agency and Willdan Engineering
for design and construction management services for the relocation of the sewer line at the new County court
house located at 247 West 3rd Street (Central City East Redevelopment Project Area)
Contact Person(s): Kathleen Robles
Phone: (909) 663-1044
Central City East Redevelopment
Project Area(s): Project Area Ward(s):
Supporting Data Attached:
FUNDING REQUIREMENTS:
Budget Authority: EDA Budget Fiscal Year 2008-2009
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Signature: d~ ?7L Fiscal Review: ~a,~ 4 ~ ~ ~J/ ~ ~/x /
Emil A. Marzullo, Interim Executi Dire or Barbara Lindseth, Administrative Services Director
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Commission/CouncilNates: ~sd ~~~~-008-~'3
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Meeting Date: 11/17/2008
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D Staff Report D Resolution(s) ~ Agreement(s)/Contract(s) D Map(s) ^ Letter(s)
$67,654
with
Amount: $ contingency Source: Tax Increment
Agenda Item Number:
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
WILLDAN ENGINEERING, PROFESSIONAL SERVICES AGREEMENT -FOR DESIGN
AND CONSTRUCTION MANAGEMENT SERVICES FOR THE RELOCATION
OF THE EXISTING SEWER LINE AT 247 WEST 3RD STREET
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
BACKGROUND:
On April 21, 2008, the Mayor and Common Council of the City of San Bernardino ("Council") approved
and consented to the disposition of the property located at 247 West Third Street, San Bernardino (APN:
0135-221-22) to the State of California pursuant to Real Property Acquisition Agreement CDC/2008-16
("Agreement"). Additionally, on April 21, 2008, the Community Development Commission of the City
of San Bernardino ("Commission") approved and authorized the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute said Agreement by and
between the Agency and the State of California. On April 24, 2008, and May 13, 2008, the Agreement
was executed by the Agency and the Judicial Council of California Administrative Office of the Courts
("AOC") respectively.
The Agreement stipulates the terms and conditions to sell, convey and deliver to the AOC al] the
Agency's right, title and interest in and to said property. One of the AOC's buyer contingencies states
that within one (1) year after the effective date and prior to the close of escrow, the Agency shall relocate
the existing sewer line that is located below the surface of said property at the sole cost and expense of the
Agency. Therefore, on July 21, 2008, the Agency released a Request for Proposals ("RFP") for
engineering and construction management services for the relocation of the sewer line located on said
property.
During the RFP job walk, it was discovered that an existing storm drain also lies beneath the property.
The removal of this storm drain was then added to the scope of work in the RFP.
CURRENT ISSUE:
Having released the RFP, seven (7) firms responded by the submittal deadline. After reviewing the
submitted proposals and interviewing the top three (3) shortlisted engineering firms, Willdan Engineering,
with a local office in the City, was recommended as the most qualified firm to perform the tasks as set
forth in the RFP. The selection committee was the same for both the initial review of the proposals and
the interviews. The selection committee was comprised of representatives from the Agency,
Development Services, San Bernardino County Department of Architecture and Engineering, and the City
Water Department.
With the potential cost of the relocation of the sewer line and the use of the storm drain not completely
known at this time due to a lack of preliminary engineering and survey information, the contract's scope
of work reflects only the preliminary engineering and survey to develop sufficient information to evaluate
potential relocation alternatives for the sewer line and to determine if the storm drain can be removed or if
it needs to be relocated as well. The second phase of the contract, which will be based on the preliminary
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Meeting Date: 11~/j17/2008
Agenda Item Number: /C.3 S
Economic Development Agency Staff Report
Willdan Engineering -Professional Services Agreement
Page 2
engineering and survey completed in the first phase, will be for the sewer line relocation design and other
site infrastructure and construction management services and will be brought before the Commission at a
later date. The Redevelopment Committee recommendation of November 6, 2008, relates solely to the
initial study phase and does not include the engineering design for construction management phases.
Exhibit "A" identifies the property at 247 West 3`d Street along with the estimated location of the existing
sewer line to be relocated.
ENVIRONMENTAL IMPACT:
The AOC`s Final Initial Study and Mitigated Negative Declaration, dated April 30, 2008, satisfies the
California Environmental Quality Act ("CEQA") and no further environmental analysis is required.
FISCAL IMPACT:
The cost of the first phase of the contract is $58,830 and with a contingency of 15% ($8,824) for a total
contract amount of $67,654.
RECOMMENDATION:
The Community Development Commission adopt the attached Resolution.
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Emil A. Marzullo, Interim Ex utiv Director
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Meeting Date: 11/17/2008
Agenda Item Number: ~C. 3 S
EXHIBIT A
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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 ("AGENCY") TO EXECUTE A
PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN
ENGINEERING (CENTRAL CITY EAST REDEVELOPMENT PROJECT
AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernazdino (the "Agency"), is
public body, corporate and politic existing under the laws of the State of California, Health
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Safety Code 33100, and is chazged with the mission of redeveloping blighted and
~ land; and
WHEREAS, on April 21, 2008, the Mayor and Common Council of the City of
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Bernazdino ("Council") approved and consented to a Real Property Acquisition Agree
("Agreement") for the disposition of that certain real property consisting of approximately 7.7
(APN: 0135-221-22) located at 247 West 3Pd Street which is bounded by 3rd Street to the ~
Arrowhead Avenue to the west and 2"d Street to the south ("Property") in the Central City
Redevelopment Ptoject Area ("Project Area"), to the Judicial Council of California Adminisb
Office of the Court ("AOC"); and
WHEREAS, the Agreement provides for the Property to be developed into a
~ Courthouse with 36 new courtrooms, Office of the Clerk of the Court, Executive Offices, security
~ operations, and holding azeas with 485 pazking spaces totaling approximately 356,000 squaze feet
with a 12 story building and costing approximately $303 million ("Project"); and
WHEREAS, the Agreement also provides for the Agency to relocate the existing sanitary
sewer line and other infrastructure located below the surface of the Property prior to the close
escrow for the Project; and
WHEREAS, in July 2008, the Agency released a Request for Proposal to select
engineering firm to provide the necessary engineering, surveying, design, and
~ management services to complete the infrastructure relocation; and
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WHEREAS, on November 6, 2008, the Agency recommended to the Redevelopment
Committee that a professional services agreement be entered into with Willdan Engineering to
conduct the first phase of the relocation of the sewer line, said first phase being preliminary
engineering and surveying; and
WHEREAS, the Agency recommends to the Commission to approve and authorize the
Interim Executive Director to sign said professional service agreement.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
FOLLOWS:
Section 1. The Community Development Commission of the City of San Bernardino
("Commission") hereby approves and hereby authorizes the Interim Execute Director of the Agency
to execute a professional services agreement with Willdan Engineering on behalf of the Agency, and
to proceed solely with the Phase 1 study as identified in Exhibit "B" to the professional service:
agreement, together with such technical and conforming changes as may be recommended by the
Executive Director of the Agency and approved by the Agency Counsel.
Section 2. This Resolution shall take effect from and after its date of adoption by thi:
Commission.
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P Ugendas~ResolmionxVtesoWtions\20W\11-1]A8 Willdui En~n«nng- Pmfessionil Smites Agr«ment CDC RE50 FINAL.doc
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Committee that a professional services agreement be entered into with Willdan Engineering
conduct the first phase of the relocation of the sewer line, said first phase being prelimin
engineering and surveying; and
WHEREAS, the Agency recommends to the Commission to approve and authorize
Interim Executive Director to sign said professional service agreement.
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF 7
CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER,
FOLLOWS:
Section 1. The Community Development Commission of the City of San Bernazdino
("Commission") hereby approves and hereby authorizes the Interim Execute Director of the Agency
to execute a professional services agreement with Willdan Engineering on behalf of the Agency, and
to proceed solely with the Phase 1 study as identified in Exhibit "B" to the professional services
agreement, together with such technical and conforming changes as may be recommended by the
Executive Director of the Agency and approved by the Agency Counsel.
Section 2. This Resolution shall take effect from and afrer its date of adoption by this
Commission.
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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 A PROFESSIONAL SERVICES
AGREEMENT BY AND BETWEEN THE AGENCY AND WILLDAN
ENGINEERING FOR DESIGN AND CONSTRUCTION MANAGEMENT
SERVICES FOR THE RELOCATION OF THE SEWER LINE AT THE
NEW COUNTY COURT HOUSE LOCATED AT 247 WEST 3RD STREET
(CENTRAL CITY EAST REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
Development Commission of the City of San Bernardino at a meeting
thereof, held on the day of , 2008, by the following vote to wit:
Commission Members: Aves Nays Abstain Absent
ESTRADA _
BAXTER _
BRINKER
DERRY
KELLEY
JOHNSON _
MC CAMMACK _
Secretary
The foregoing Resolution is hereby approved this day of
2008.
Patrick J. Moms, Chairperson
Community Development Commission
of the City of San Bernardino
Approved as to Form:
By:
Agenc nsel
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REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT FOR PROFESSIONAL SERVICES (the "Ageement") is
made and entered into as of November 17, 2008, by and between the
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("Agency"), a
public body, corporate and politic, and Willdan Engineering, ("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 subconsultants 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
eazlier terminated as provided in this Ageement. The Agency reserves the right
through the actions of the Interim Executive Director to terminate this Ageement
at anytime either with or without cause and at the sole convenience of the Agency
upon delivery of notice of termination 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 fiunished 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 October
31, 2008, Amended Scope of Services -Phase 1, 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 Ageement. 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.
4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant in an aggregate amount not
to exceed $58,830 fot completion of the services described in the Scope of
Services set forth in Exhibit "B."
B. The compensation designated in subsection 4. A. shall be the Total Fee for
the performance of the work 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 subcontractors 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 of time 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 subconsultants 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.
I. RECORDS RETENTION. Records, maps, Feld 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
regulaz business hours of the Consultant. If the Consultant does not maintain
regulaz business hours, then such records shall be available for inspection between
the hours of 9 a.m. and 5 p.m. Monday 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, subcontractors and agents, to the extent arising from or
related to negligent performance by the Consultant of the 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 aze 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 mazketing
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 reasonably required in order for the Agency to establish unequivocal
ownership of the maps, photogaphs, data, information, 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.
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.
11. 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) calendaz 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 declazed to be exclusive in this Agreement, the rights
and remedies of the parties under this Agreement aze 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) calendaz 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) calendaz days' prior written notice. The
Agency shall pay the Consultant for all work authorized by the Agency
and wmpleted, prior to the effective termination date.
B. In the event of a termination of this Agreement under this Section 12, the
Consultant shall provide all documents, notes, maps, reports, data or other
work product developed in performance of the Scope of Services of this
Agreement to the Agency, within ten (10) calendaz days of such
termination and without additional change to the Agency.
13. NOTICE. 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: Willdan Engineering
2401 East Katella Avenue, Ste 450
Anaheim, CA 92806-6073
Attn: Ken Taylor
AGENCY: Redevelopment Agency of the City of San Bemazdino
Attention: Emil Marzullo, Interim Executive Director
201 North "E" Street, Suite 301
San Bemazdino, 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 and registrations
for the lawful performance of the work required of the Consultant under this
Agreement.
15. 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 of race,
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 SUBCONTRACTOR 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 subcontractors 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
subcontractors to perform any item of work described in the Scope of Services.
The Consultant is entirely responsible for the immediate payment of all
subcontractor liens.
17. SEVERABILITY. Each and every section of this Agreement shall be construed
as a sepazate and independent covenant and agreement. If any term or provision
of this Ageement or the application thereof to certain circumstances shall be
declazed 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 Ageement shall be valid and enforceable to the fullest
extent permitted by law.
18. ENTIRE AGREEMENT. This Ageement constitutes the entire ageement
between the parties. This Ageement supersedes all prior negotiation,
discussions, and ageements between the parties concerning the subject matters
covered herein. The parties intend this Ageement to be the final expression of
their ageement with respect to the subjects covered herein and a complete and
exclusive statement of such terms.
19. AMENDMENT OR MODIFICATION. This Ageement 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 Ageement shall be governed by the laws of the State
of California. Any legal action arising from or related to this Ageement shall be
brought in the Superior Court of the State of California in and for the County of
San Bernazdino.
21. NON-WANER. Failure of either party to enforce any provision of this
Ageement shall not constitute a waiver of the right to compel enforcement of the
same provision or any remaining provisions of this Ageement.
22. ASSIGNMENT. This Ageement 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 Ageement warrant that they aze duly authorized to execute
this Ageement on behalf of and bind the parties each purports to represent.
24. EXECUTION IN COUNTERPARTS. This Ageement may be executed in one
(1) or more counterparts, each of which will constitute an original.
25. EFFECTNENESS OF AGREEMENT AS TO THE AGENCY. This Ageement
shall not be binding on the Agency until signed by an authorized representative of
the Consultant, approved by 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
Ageement except as previously disclosed to the Agency Staff and in particular
with respect to other work being performed by the Consultant for the
(i)_N/A and (ii) _N/A The Consultant hereby agees that,
during the term of this Ageement, the Consultant shall not enter into any
ageement 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 subcontractor 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, contract 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 aze requested by the
Agency, as set forth in this Agreement.
28. CONSEQUENTIAL 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, regazdless of cause,
including breach of contract, negligence, strict liability or otherwise. The
limitations and exclusions of liability set forth in this Section 28 shall apply
regazdless of fault, breach of contract, tort, strict liability or otherwise of the
Consultant and the Agency, their employees or subconsultants.
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 appeaz below.
AGENCY
Dated:
Redevelopment Agency of the City of San
Bemazdino, a public body, corporate and politic
Emil Marzullo, Interim Executive Director
By:
Approved as to Form and Legal Content:
By:
Timothy Sabo gency Counsel
CONSULTANT
Dated:
Willdan Engineering
2401 East Katella Avenue, Ste 450
Anaheim, CA 92806-6073
By: ~ C_ ~~~
Name: Kenneth C. Taylor
Title: Vice President
EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
Agency Staff:
Emil Marzullo, Interim Executive Director
Don Gee, Deputy Director
Kathleen Robles, Project Manager
EXHIBIT uB"
SCOPE OF SERVICES
Amended October 31, ?008
Phase 1
~WILLDAN (yW~„atny
Engineering reach
October 3l, 2008
Ms. Kathleen Robles
EZlED Project Manager
City of San Bemazdhro
Economic Development Agency
201 North 'E' Street, Suite 301
San Bernardino, CA 92401
Re: Amended Proposal for Engineering and Construction Services for Sanitary Sewer Line
Relocation
Dear Ms. Robles:
Herein is our amended proposal to provide Engineering and Construction Services for Sanitary Sewer
Line Relocation. This amended proposal supplements and adjusts our original proposal, which was
submitted to the City of San Bemazdino Economic Development Agency (EDA) on August 27, 2008.
Per your request we have separated the project into two phases:
Phase I: Sanitary Sewer Relocation and Storm Drain Study
Phase 2: Sanitary Sewer Relocation and Storm Drain Removal Design, Contract
Administration Assistance, and Construction Management Services
Per our discussions, we will focus on three sanitary sewer relocation alternatives in the Phase I study
work:
1. Remove the existing sewer and relocate a new replacement sewer just south of the proposed
new building footprint and any underground facilities on the existing property,
i
2. Remove the existing sewer and relocate a new replacement sewer along the east and southeast
property line (on the property) just to the west of the existing Warm Creek drainage system
3. Remove the existing sewer and relocate a new replacement sewer west in West 3rd Street to
the intersection with North Arrowhead Avenue; then south in North Arrowhead Avenue to
where the existing (to be relocated) sanitary sewer connects (current North Arrowhead
connexion), which fs approximately halfway between West 3rd Street and West 2nd Street.
This new sewer would replace rho existing 30-inch to 27-inch sewer in the east side of North
Arrowhead Avenue between West 3rd Street and the current North Arrowhead connection.
The mtical nature of the overall project schedule is understood in that a condition of the Real Property
Agreement between the City Economic Development Agency (EDA) and the State Administrative
Office of the Courts (At7C) stipulates that the existing sanitary sewer on the subject property is to be
excavated and relocated prior to the close of escrow with escrow estimated to close na sooner than
July I, 2009. Due to the tight schedule, Willdan will perform the Phase 1 and Phase 2 work as
expediently as possible.
Fs7tn~+9 I ceotednical I Errviranmentel I F.vz;~t I ttort~eland sera,ay
711.976.6200 1900.424.9744 1 4s 114.6raa289 (2401 East KateAa Avenue, Suite 45x, MaheLn. G 6290&907) I nww.n6der~com
Ms. Kathleen Robles
October 31, 2008
Page 2
Phase 1 • Sanitary Sewer Relocation and Stor~rn Drain Study
More than likely, all or most of work associated with Phase 1 Task Nos. 2.1, 2.2, and 2.4 will nod to
be conducted in order to develop suffkient information to fully evaluate the three altemative sewer
alignrnents. However, in the original proposal it was assumed that an alternative alignment across
Warm Creek would be evaluated. Per our discussions, this al[emative will not 6e evaluated. As a
result less permit evaluation will be required and we have reduced the hours and fee associated with
Phase 1 Task 2.5. Also, work associated with Tasks 2.6 and 2.7 has been reduced in consideration of
reduced altema[ives analysis and presentation in the study report. The report will be developed [o
expediently document the study analysis and the results.
In reviewing available survey information for the project area including the field survey work
conducted by Psomas in March 2008, we have concluded [hat a new aerial survey does not need to be
done and that the field survey work budgeted in our original proposal is sufficient to supplement,
verify, and improve upon the previous survey work, i.e. no additional survey work has been added in
this amended proposal.
As shown in our attached amended scope, hours, and fee table, Phase 1 work is estimated at a not-io-
exceed fce of $58,830.
Phase 2 - Sanitarry Sewer Relocation and $tormr Drain Removal Design, Contact
Administation Assistance, and ConstruMion Management Services
In order to quantify sanitary sewer design, conswction services as well as an estimated project
schedule in our original proposal, a sanitary sewer alignment through Meadowbrook Park and across
Warm Creek; then south along North Mountain View Avenue to the intersection with King Street
then west on King Street to a connection with the existing manhole in the vicinity of the North
Arowhead Avenue intersection (Sample Attemative 2) was assumed. This alignment is
approximately 1,6001inear feet long. ~
As this alternative alignment will now not be evaluated, the alternative alignment of rpu[ing the
replacement sewer west in West 3rd Street to the intersection with North Artwhead Avenue; and then
south in North Arrowhead Avenue to where the existing (to be relocated) sanitary sewer connects has
now been used to quantify sanitary sewer design and construction services as well as [he estimated
project schedule.
This West 3rd Street/Nor[h Arrowhead Avenue alignment is approximately 1,100 linear feet long.
However, a portion of the existing sewer north of the West 3rd Street/North Arrowhead Avenue
intersection will need to be replaced so that a milder slope can be achieved in connecting with the
deeper new sewer at this intersection. Some of the existing sewer south of the existing connection
point in North Arrowhead Avenue might also need m be replaced for the same reason. This additional
sewer replacement could be as rmrch as 400 linear feet. As a result the total length of sewer
replacententeouhibeapproxlmatcly I,SOOlinearfeet(1,100+400).
Because the sewer in this alignment will be very deep and might need to be conswcted by bore and
jack construction, the hours, fce, and schedule associated with sanitary sewer design and conswction
services for this alignment is estimated to 6e approximately the same as the "Creek Alternative"
previously assumed. However, a few adjustments have been made, For example, the hours and fee
associated with acquiring creek crossing permits in Phase 2 Task 2.5 has been eliminated.
1
Fsgineeru+9 I Geolectnical I Fsvt:avnentd I t=oenaa~ I Homdarw secully
714.979.a200 I a00.l24.91M I laz 714.Aa.B299 1201 Fad Katd4 Avemi0. Suae X50, Amae4~4 G a2806-80TJ I www.vladanmm
IVIs. Kathleen Robles
October 31, 2008
Page 3
Storm Drain
Tn regazds to the ezis[ing storm drain on the subject property, Willdan has discussed storm drainage
facilities in and around the property and the potential that a significant area storm drain is located on
the property with both County Flood Control and City Public Works personnel. We have also made
multiple field investigations, studied City drawings, and have evaluated area drainage pattcros. Based
on our investigations, we believe that the remnants of storm drainage facilities on [Ite property are
evidence of an old property drain that appears to be inactive and not an actve area storm drainage
system.
We have determined that the City and not the County has jurisdiction on local drainage facilities
including the Warm Creek drainage system, which drains areas north and northeast of the property as
well as the property subject itself. City Public Works personnel contacted do not believe that a
significant storm drainage system is located on the subject property nor do they have any records or
drawings of such a system. [f this system did exist City Public Works would have records of its
existence or would at least have an operation and maintenance history with such a system after so
many years.
All area drainage collects in the Warm Creek drainage system located immediately east and southeast
of the property: I[ would not be logical to have a parallel system that cuts across the subject property.
Also no upstream or downstream connecting facilities are in evidence.
We believe that the remnants of storm drainage facilities on "the property are evidence of an old
properly drain that appears to be inactive or largely inactive. Two of the catch basins are completely
buried. The top of the third catch basin is elevated more than a foot above the existing ground. This
catch basin looks to be of much older conswction and was possibly constructed conducive [or older
property characteristics.
We believe that any water observed in [his catch basin is from the irrigation system immediately north
of these catch basins that imga[es a grassy median. I[ appears that the sprinklers are allowed [o ran
for an excessive amount of time: This grassy median was saturated with water when we last
investigated the site.
We recommend that an optional task to design and construct a storm drain to replace a significant
active storm drain on the property not even be included in our arrtended proposal because: 1) we
believe this storm drain to be an old property drain that appears [o be inactive and not an active area
storm drainage system, 2) it would be near impossible to estimate a probable design or wnswction of
a replacement storm drain as there is no evidence of upstream or down stream connecting points, and
3) this abstract storm drain replacement plan might well be more expensive to design and construct
than the subject sanitary sewer.
Instead, we propose to keep our scope the same as before regarding the scorn[ drain, i.e. design and
constmction services to remove the existing storm drain ofl of the property.
As shown in our attached amended scope, hours, and fee table, Phase ?work is estimated at a not-co-
exceed fee of 5176,915. The total fee for Phase I and Phase ? is estimated at a not-to-exceed fee of
$235,743. This is less than our original fee estimate of 5247, 135.
Enyineer'cia I Geotectnical I Environmental I Fnandal I HomelaM Security
714.979.8200 1 900.~2t.91 u I ter. 7N.tT78.8299 I NOl Eael Katena Avenue, Sude X50, AnaheYn, G ezaosson I v+ww.MYdan.oom
Ms. Kathleen Robles
October 31, 2008
Page 4
Project Schedule
Ih regards to the project schedule, it is understood that the tentative plan is for the Phase 1 project
contract to go to the Redevelopment Committee on November 6, 2008 and then to the City Council on
Nov 17, 2008 with the project Notice to Proceed estimated for November 18, 2008. A tentative Phase
1 project schedule that assumes this date for the Notice to Proceed is attached. As shown, the Phase 1
work is estimated to be completed by January 23, 2009.
A tentative Phase 2 project schedule that assumes astart-up date of February 2, 2009 is also attached.
As shown, the Phase 2 work is estimated to be completed by 7uly I, 2009.
Please contact me at 714-978-8206 if you have any questions regarding our amended proposal to
provide Engineering and Construceion Services for the Sanitary Sewer Line Relocation.
Sincerely,
~~
Kenn. h C. Taylor, P.E.
Vice President
Group Manager, Public Works
Enpineednq I GeoleNnir~l I Envionmenial 1 Flnandal I Harneland Seauay
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EXHIBIT "C"
INSURANCE REQUIREMENTS
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 Contractor shall
maintain comprehensive general liability insurance of not less than
One Million Dollars ($1,000,000.00) combined single limit, per
occurrence.
(2) Automobile Insurance. The Consultant and each of its
subcontractors shall maintain comprehensive automobile liability
insurance of not less than $100,000.00 combined single limit per
occurrence for each vehicle leased or owned by the Consultant or
its subcontractors and used in performing work under this
Agreement.
(2) Worker's Compensation Insurance. The Consultant and each of its
subcontractors shall maintain worker's compensation coverage in
accordance with California workers' compensation laws for all
workers under the Consultant's and/or subcontractor's employment
performing work under this Agreement.
(3) 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 $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 Ageement. 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.