HomeMy WebLinkAbout2012-277 (IMPORTANT NOTE: Resolution is Null and::,Void '
because the agreement was not executed within
the time specified.)
RESOLUTION NO. 2012-277
1
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO APPROVING AN AGREEMENT WITH MCM CONSTRUCTION,
3 INC., FOR A DESIGN AND BUILD PROJECT TO REMOVE EXISTING SHORING AND
INSTALL REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE
4 OVERCROSSING AT THE BNSF YARDS (BRIDGE NO. 54C-0066).
5
WHEREAS, the City desires to remove the existing shoring and install replacement
6
temporary shoring for Mount Vernon Avenue Overcrossing at the BNSF Yards. Bridge No. 54C-
7
0066) (Project); and
8
WHEREAS, the City, on January 12, 2012, issued a request for design/build proposals for
9
said Project; and
10
WHEREAS, on February 14, 2012, proposals were received from four (4) Contractors;
11
and
12 WHEREAS, the Proposal submitted by MCM Construction, Inc. has been determined to
13
best meet the requirements of the RFP and the needs of the City.
14
NOWTHEREFORE BE IT RESOLVED BY THE MAYOR AND COMMON
15 COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
16 SECTION 1. The City Manager is authorized and directed to execute an Agreement for
17
Professional and Contracting Services for a design and build project to remove existing shoring
18
and install replacement temporary shoring for Mount Vernon Avenue Overcrossing at the BNSF
19
20 Yards (Bridge No. 54C-0066) (attached and incorporated herein as Exhibit"A").
21 SECTION 2. Said Agreement shall not take effect or become operative until fully signed
22 and executed by the parties and no party shall be obligated hereunder until the time of such full
23 execution. No oral agreements, amendments, modifications or waivers are intended or authorized
24
and shall not be implied from any act or course of conduct of any party.
25
SECTION 3. The authorization to execute said Agreement is rescinded if the parties fail
26
to execute it within sixty (60) days of passage of the resolution.
27
28 ///
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2012-277
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
1
SAN BERNARDINO APPROVING AN AGREEMENT WITH MCM CONSTRUCTION,
2 INC., FOR A DESIGN AND BUILD PROJECT TO REMOVE EXISTING SHORING AND
INSTALL REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON AVENUE
3 OVERCROSSING AT THE BNSF YARDS (BRIDGE NO. 54C-0066).
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a Joint regular meeting
6 thereof,held on the 19th day of November 2012, by the following vote to wit:
7 Council Members: Ayes Nays Abstain Absent
8 MARQUEZ x
9 JENKINS x
10 VALDIVIA x
11 SHORETT x
12 KELLEY x
13 JOHNSON x
MC CAMMACK
14
15
Georgeduh Hanna, Ciq Clerk
16
ik
17 The foregoing Resolution is hereby approved this rt day of Nnvamhar , 2012.
18
19
20 trick . Morris, a r,__)
Ci an Bernardino
21
Approved as to form:
22
James F. Penman
23 City Attorney
24
By:
25
26
27
28
2
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2012-277
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL AND CONTRACTING SERVICES FOR A
DESIGN AND BUILD PROJECT TO REMOVE EXISTING SHORING AND
INSTALL REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON
AVENUE OVERCROSSING AT THE BNSF YARDS (BRIDGE NO. 54C-0066)
THIS AGREEMENT is made and entered into this 19th day of November
2012 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city
("City"), and MCM Construction, Inc. ("Contractor").
WITNESSETH :
A. WHEREAS, City proposes to have Contractor provide structural engineering services
to design replacement shoring for the Mt. Vernon Avenue Overcrossing at the BNSF Yards
(Bridge No. 54C-0066) and construction services to remove the existing shoring and install
replacement temporary shoring as described herein below; and
B. WHEREAS, Contractor represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Contractor desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of this
Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONTRACTOR
1.1. Scone of Services. Contractor shall provide structural engineering services to
design replacement shoring for the Mt. Vernon Avenue Overcrossing at the BNSF Yards
(Bridge No. 54C-0066) and construction services to remove the existing shoring and install
replacement temporary shoring in accordance with Contractor's proposal dated February 14,
2012, attached and incorporated herein as Attachment"I".
1.2. Professional Practices. All professional and contracting services to be
provided by Contractor pursuant to this Agreement shall be provided by personnel
experienced in their respective fields and in a manner consistent with the standards of care,
diligence and skill ordinarily exercised by professional consultants and contractors in similar
fields and circumstances in accordance with sound professional practices. Contractor also
warrants that it is familiar with all laws that may affect its performance of this Agreement
and shall advise City of any changes in any laws that may affect Contractor's performance of
this Agreement.
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EXHIBIT "A"
1.3. Warranty. Contractor warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages; occupational
health and safety; fair employment and employment practices; workers' compensation
insurance and safety in employment; and all other Federal, State and local laws and
ordinances applicable to the services required under this Agreement. Contractor shall
indemnify, defend, and hold harmless City from and against all claims, demands, payments,
suits, actions, proceedings, and judgments of every nature and description including
attorneys' fees and costs, presented, brought, or recovered against City for, or on account of
any liability under any of the above-mentioned laws, which may be incurred by reason of
Contractor's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Contractor shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other category
protected by law, except as permitted pursuant to Section 12940 of the Government Code.
Violation of this provision may result in the imposition of penalties referred to in Labor
Code, Section 1735.
1.5 Non-Exclusive Agreement. Contractor acknowledges that City may enter into
agreements with other contractors for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City.
1.7. Business License: The Contractor shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Contractor understands and agrees
that as the City's representative the Contractor shall maintain a fiduciary duty and a duty of
loyalty to the City in performing Contractor's obligations under this Agreement. Contractor,
in performing its obligations under this Agreement, is governed by California's conflict of
interest laws, Government Code Section 87100 et seq., and Title 2, California Code of
Regulations Section 18700 et seq.
1.8.1 Prior to performing any services to City under this Agreement, Contractor
shall provide the City Engineer a written list of the Assessor Parcel Numbers and general
location or address of any and all real property located in the City of San Bernardino in
which Contractor has any ownership interest, or which is the location of any pending project
that is a source of income for Contractor. Contractor shall keep this list current on a monthly
basis during the entire term of this Agreement.
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EXHIBIT "A"
1.8.2 Contractor shall not work on any task that is related to any real property that is
located within 500 feet of any parcel in which Contractor has any ownership interest or
which is the location of any pending project that is a source of income for Contractor.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for
such services for the fixed amount of $340,104.00 in accordance with Contractor's fee
proposal attached and incorporated herein as Attachment"2".
2.2. Additional Services. Contractor shall not receive compensation for any
services provided outside the scope of services specified in this Agreement unless the City or
its Project Manager for this Project, prior to Contractor performing the additional services,
approves such additional services in writing. It is specifically understood that oral requests
and/or approvals of such additional services or additional compensation shall be barred and
are unenforceable.
2.3. Method of Billing. Contractor may submit invoices to City's Project Manager
for approval on a progress basis, but no more often than monthly. Said invoice shall be
based on the total of all Contractor's services which have been completed to City's sole
satisfaction. City shall pay Contractor's invoice within forty-five (45) days from the date City
receives said invoice. Each invoice shall describe in detail, the services performed and the
associated time for completion. Any additional services approved and performed pursuant to
this Agreement shall be designated as "Additional Services" and shall identify the number of
the authorized change order,where applicable, on all invoices.
2.4. Records and Audits. Records of Contractor's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City or its Project Manager and/or audit at mutually
convenient times for a period of three (3)years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The obligation to perform the
professional and contracting services to be performed pursuant to this Agreement shall
commence within five (5) days from the Effective Date of this Agreement. Said services
shall be performed in strict compliance with the Project Schedule approved by the City's
Project Manager. Failure to commence work in a timely manner and/or diligently pursue
work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such
acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond the
reasonable control of a party.
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EXHIBIT "A"
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the date approved by the City
Manager and continue until the structural engineering services to design replacement shoring
for the Mt. Vernon Avenue Overcrossing at the BNSF Yards (Bridge No. 54C-0066) and
construction services to remove the existing shoring and install replacement temporary
shoring are completed, unless previously terminated as provided herein or as otherwise
agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Contractor. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Contractor shall
immediately stop rendering services under this Agreement unless directed otherwise by the
City.
4.3. Compensation. In the event of termination, City shall pay Contractor for
reasonable costs incurred and professional and contracting services satisfactorily performed
up to and including the date of City's written notice of termination. Compensation for work
in progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the professional
and contracting services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Contractor.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Contractor in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of
termination notice to Contractor, at no cost to City. Any use of uncompleted documents
without specific written authorization from Contractor shall be at City's sole risk and without
liability or legal expense to Contractor.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Contractor shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent Contractors, personal injury with a
policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate.
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(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions (E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Contractor
shall obtain and maintain, said E&O liability insurance during the life
of this Agreement and for three years after completion of the work
hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional
insureds with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor
the coverage reduced, until thirty (30)days after written notice is given
to City."
(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
5.3. Certificates of Insurance. Contractor shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City,prior to performing any services under this Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Contractor may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed
by the parties in interest at the time of such modification. The terms of this Agreement shall
prevail over any inconsistent provision in any other contract document appurtenant hereto,
including exhibits to this Agreement.
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EXHIBIT "A"
6.2. Representatives. The Public Works Director or his designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Contractor shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on behalf
of Contractor called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly
with Contractor in the performance of this Agreement.
Contractor shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Contractor's Project
Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by
personal delivery; b) at the time of transmission if such communication is sent by facsimile;
and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if
such communication is sent through regular United States mail.
IF TO CONTRACTOR: IF TO CITY:
Jim Carter, President Jim Smith, Interim Director of Public Works
MCM Construction, Inc. City of San Bernardino
6413 32nd Street 300 North"D" Street
North Highlands, CA 95660 San Bernardino, CA 92418
Tel: (916) 334-1221 Tel: 909-384-5140
Fax: (916) 334-0562 Fax: 909-384-5 190
6.5. Attorneys' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the
prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement
of any of the terms, conditions, or provisions hereof The costs, salary and expenses of the
City Attorney and members of his office in enforcing this contract on behalf of the City shall
be considered as "attorneys' fees"for the purposes of this paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed under
the laws of the State of California without giving effect to that body of laws pertaining to
conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the
parties hereto agree that the sole and exclusive venue shall be a court of competent
jurisdiction located in San Bernardino County, California.
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6.7. Assi m� Went. Contractor shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Contractor's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent,no subletting or assignment shall release Contractor
of Contractor's obligation to perform all other obligations to be performed by Contractor
hereunder for the term of this Agreement.
6.8 Indemnification and Hold Harmless. Contractor shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage to
property or injuries to or death of any person or persons or damages of any nature including,
but not by way of limitation, all civil claims or workers' compensation claims, arising out of
or in any way connected with the intentional or negligent acts, errors or omissions of
Contractor, its employees, agents or subcontractors in the performance of this Agreement.
6.9. Independent Contractor. Contractor is and shall be acting at all times as an
independent contractor and not as an employee of City. Contractor shall secure, at its
expense, and be responsible for any and all payment of Income Tax, Social Security, State
Disability Insurance Compensation, Unemployment Compensation, and other payroll
deductions for Contractor and its officers, agents, and employees, and all business licenses, if
any are required, in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings,reports, documents, information and
data including,but not limited to, computer tapes or discs, files and tapes furnished or
prepared by Contractor or any of its subcontractors in the course of performance of this
Agreement, shall be and remain the sole property of City. Contractor agrees that any such
documents or information shall not be made available to any individual or organization
without the prior consent of City. Any use of such documents for other projects not
contemplated by this Agreement, and any use of incomplete documents, shall be at the sole
risk of City and without liability or legal exposure to Contractor. City shall indemnify and
hold harmless Contractor from all claims, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from City's use of such documents for other
projects not contemplated by this Agreement or use of incomplete documents furnished by
Contractor. Contractor shall deliver to City any findings, reports, documents, information,
data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any
other Project related items as requested by City or its authorized representative, at no
additional cost to the City.
6.11 Public Records Act Disclosure. Contractor has been advised and is aware that
all reports, documents, information and data including, but not limited to, computer tapes,
discs or files furnished or prepared by Contractor, or any of its subcontractors, and provided
to City may be subject to public disclosure as required by the California Public Records Act
(California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be
those documents or information that qualify as trade secrets, as that term is defined in the
California Government Code Section 6254.7, and of which Contractor informs City of such
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trade secret. The City will endeavor to maintain as confidential all information obtained by it
that is designated as a trade secret. The City shall not, in any way, be liable or responsible for
the disclosure of any trade secret including, without limitation, those records so marked if
disclosure is deemed to be required by law or by order of the Court.
6.12. Responsibility for Errors. Contractor shall be responsible for its work and
results under this Agreement. Contractor, when requested, shall furnish clarification and/or
explanation as may be required by the City's representative, regarding any services rendered
under this Agreement at no additional cost to City. In the event that an error or omission
attributable to Contractor occurs, then Contractor shall, at no cost to City, provide all
necessary design drawings, estimates and other professional of contracting services necessary
to rectify and correct the matter to the sole satisfaction of City and to participate in any
meeting required with regard to the correction.
6.13. Prohibited Employment. Contractor will not employ any regular employee of
City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terns set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except
as expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City and Contractor and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.17. Headines. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or to
be a full or accurate description of the content thereof and shall not in any way affect the
meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or interpretation
arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly
by the parties and in accordance with its fair meaning. There shall be no presumption or
burden of proof favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in no
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way be deemed a waiver of those rights to require such performance or compliance. No
waiver of any provision of this Agreement shall be effective unless in writing and signed by a
duly authorized representative of the party against whom enforcement of a waiver is sought.
The waiver of any right or remedy with respect to any occurrence or event shall not be
deemed a waiver of any right or remedy with respect to any other occurrence or event, nor
shall any waiver constitute a continuing waiver.
6.21. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance.
6.22. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and
shall constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of
said parties and that by doing so, the parties hereto are formally bound to the provisions of
this Agreement.
6.24 Damages. The Parties agree to waive any rights to incidental or consequential
and punitive damages arising out of performance under this Agreement whether in torts or in
contracts or in law or in equity.
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EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL AND CONTRACTING SERVICES FOR A
DESIGN AND BUILD PROJECT TO REMOVE EXISTING SHORING AND
INSTALL REPLACEMENT TEMPORARY SHORING FOR MOUNT VERNON
AVENUE OVERCROSSING AT THE BNSF YARDS (BRIDGE NO. 54C-0066)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
by and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, CONTRACTOR
A Municipal Corporation
By
Andrea Travis-Miller Signature
Acting City Manager
Name and Title
Approved as to form:
i
James F. Penman,
City Attorney
By o
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ATTACHMENT"I"
Main Office
P.O. BOX 620/6413 32nd Street/North Highlands/CA 95660
(916) 334-1221 Estimating/Engineering FAX(916) 334.0562
Accounting FAX (916) 334-8355
Southern California Regional Office
MCM CONSTRUCTION, P.O. BOX 867119010 SlcverAve./Bloomington/CA 92316
8E CONSTRUCTION,
CONTRACTORS
INC.I (909)875-0533 Engineering/Accounting FAX (909) 875-2243
SACRAMENTO,CA
February 14,2012
Ladies/Gentlemen:
MCM Construction, Inc. hereby submits the following information in regard to the City of San
Bernardino's Request for Proposals for a Design Build project to remove existing shoring and
install Replacement Temporary Shoring for the Mount Vernon Avenue Overcrossing at the
BNSF Yards,Bridge No. 54C-0066.
MCM Construction,Inc,was founded in 1973. We are a general engineering contractor
specializing in Cast-In-Place-Concrete Box Girder Bridges. To date,we have constructed over
500 bridges in the state of California and,among other projects,presently are working on the
210/215 Interchange in Rialto.The temporary shoring replacement work proposed by the City is
very similar to conventional box girder bridge falsework. We have familiarity with this type of
work and several crews with multiple years of experience.
It is our understanding that the structural value of the existing shoring has come into question
and that the City requests designs capable of resisting rot and insect attack. MCM proposes to
minimize the likelihood of rot and insect attack by utilizing steel pipe posts in place of the
existing 12x12 timber posts and pressure treated timber corbels and pads where untreated corbels
and pads are currently installed. The existing top and bottom caps will be reused. In order to
reuse the top and bottom caps,it will be necessary to remove the existing shoring resulting in a
temporary condition of the existing bridge being unsupported by external means. It is unclear
whether this temporary condition will be acceptable to the City or the Railroad entities. If this
temporarily unsupported condition is unacceptable to the City,MCM offers that the City may
consider closing the bridge to traffic or making it more obvious that there is sufficient room to
install the new shoring before the existing shoring is removed.
MCM has worked withtfor the Railroad in many instances and has a general understanding of
what the coordination with the Railroad entities would entail.
As required in the Request for Proposal,MCM has read the draft Standard form of Agreement
and is prepared to execute the Agreement,if requested to do so.
If you have any questions regarding the above,please contact Ron Burch at 916 334-1221.
MCM ONSTRUCTION,INC
AN EQUAL OPPORTUNITY EMPLOYER / STATE CONTRACTORS LIC. NO. 286430
-2012-277
ATTACHMENT "2"
PRICE PROPOSAL
MCM Construction,Inc.hereby submits the following information in regard to the City of San
Bernardino's Request for Proposals for a Design Build project to remove existing shoring and
install Replacement Temporary Shoring for the Mount Vernon Avenue Overcrossing at the
BNSF Yards,Bridge No. 54C-0066.
MCM Construction, Inc. will perform the above Design-Build work for the total price of
$340,104.00 Total Fixed Price