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HomeMy WebLinkAbout08.C- Public Works RESOLUTION(ID # 1913) DOC ID: 1913 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract From: Jim Smith M/CC Meeting Date: 08/20/2012 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): 1 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute a Master Services Agreement by and Between the Inland Valley Development Agency and the City of San Bernardino for Provision of City Services for Fiscal Year 2012/2013. (At Meeting of August 6, 2012, Item Continued to August 20, 2012.) Financial Impact: Since the City is being reimbursed by IVDA on an actual cost basis for the maintenance work described in the MSA, there will be no financial impact due to this Agreement. Motion: Table the matter. Synopsis of Previous Council Action: 06/06/11 Resolution No. 2011-113 was adopted, authorizing the City Manager to Execute a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for Provision of City Services for Fiscal Year 2011/2012. Background: The first Master Services Agreement (the "MSA") was executed in 1994 by and between the Inland Valley Development Agency (the "IVDA" or "Agency') and the City of San Bernardino (the "City'). Services provided through the MSA have included police, fire, traffic signal maintenance, plan check, inspection and engineering services. Each fiscal year, the MSA is reviewed by the IVDA and the City and modified as needed to ensure the provision and cost of services is mutually beneficial to each of the agencies. For Fiscal Year 2012/2013, the MSA has been divided into two separate agreements; one for services provided from the City to the IVDA and a separate MSA between the City and the San Bernardino International Airport Authority (the "SBIAA") for services provided to the airport. Separation of these costs will allow the IVDA and SBIAA to plan accordingly in each of their annual operating budgets. The City/IVDA MSA includes services from the Community Development and Public Works Departments as follows: Community Development The City agrees to expedite permit, engineering, inspection and plan check related services to the Updated: 8/16/2012 by Linda Sutherland A I Packet Pg. 393 1913 IVDA. These services will be reimbursed by fVDA, in an amount not to exceed $80,000, on a time-and-charges basis if and when such services are requested by the IVDA. Public Works In order to qualify for Federal EDA grant funds, the IVDA is required to provide financial assurance that the 3`d Street culvert will be maintained by the City of San Bernardino. IVDA staff appropriated $38,400 in the FY 2012/2013 proposed budget to reimburse the City for anticipated maintenance expenses based on estimates from Ludwig Engineering Associates, Inc., the design engineers (Attachment A). A stipulation of the cities of San Bernardino and Redlands signing off on design plans for the Mountain View Bridge project is the IVDA providing financial assurance that the project will be maintained by the City of San Bernardino. IVDA staff has appropriated $54,580 in the FY 2012/2013 proposed budget to reimburse the City for maintenance costs associated with the Mountain View Bridge project. Maintenance costs are based on estimates prepared by T.Y. Lin International, the design engineer(Attachment B). The current MSA expired on June 30, 2012. In order for the IVDA to continue to receive City provided services, it is necessary to approve the proposed Fiscal Year 2012/2013 Master Services Agreement (Attachment Q. The term of the Agreement will be from July 1, 2012 through June 30, 2013. The MSA was approved by the IVDA Board on June 13,2012. Police and Fire related services provided from the City shall be memorialized in a separate agreement by and between the City and the Airport Authority. City Attorney Review: Supporting Documents: FY 2012-13 City.IVDA MSA - Attachment A (PDF) FY 2012-3 City.IVDA MSA - Attachment B(PDF) Resolution (DOC) FY 2012-13 City.IVDA MSA Attachment C Agmt (DOC) Updated:8/16/2012 by Linda Sutherland A �') Attachment raa�` • ) CaN6trnla Arlmna i•I� 109 E.3rd St. 15252 Seneca ed. 5508 Clubhouse Or. 2126 McCulloch Blvd.,SM.8 San Bernardino,CA 92410 Vlctorvllle,CA 92392 Fort Mohave,A2 86426 Lake Havasu City,A2 86403 ASSOCIATES, INC. Ph. 909-884-8217 Ph. 760-951-7676 Ph. 928.768-SBS7 Ph. 928-680-6060 Fax 909-889-0153 Fax 760241-0573 Fax 9ZB-768-7086 Fax 928-854-6530 Tall Free 800879-1282 Civil Engimering•Survaying•Planning vrww.lud.lgans.com IVDA 3rd Street Drainage Project 20-Year Maintenance Costs M EDA 07-49-06555 x N r Q t March 13,2012 Job No. IN-0362 3 Q Annual 2 Descriotion Unit Quantity Unit Cos Cost Cost M a) T Pavement 7. Crack seal- 5 year cycle SF 9,400 $0.05 $470.00 $94.00 Q Slurry seal - 10 year cycle SF 9,400 $0.25 $2,350.00 $235.00 m E Storm Drain and Catch Basins L U Inspect and clean -annually Laborers and equipment HR 8 $150.00 $1,200.00 $1,200.00 Q Box Culvert and Transitions rn Inspect and clean -annually < Laborers and equipment HR 8 $150.00 $1,200.00 $1,200.00 i. Total Annual Maintenance Cost $2,729.00 M 20-Year Maintenance Cost $54,580.00 0 Y LL E N0. C040692 a Exp. 3-31-13 r CIVIL f OF C 3 �3- Z 21CAExcellcost estinnates%IVM3rd St 20-Yr Malnt Costs.ir.xls Packet.Fg. 395 Attachment `' .C.b 20 Year Maintenance Estimate TYLIN INTERNATIONAL RIDGE: MOUNTAIN VIEW AVENUE OVER THE SANTA ANA RIVER QUANTITIES BY: PG PE: CAST-IN-PLACE PRESTRESSED BOX GIRDER DATE: Mar-12 LENGTH 625 %WIDTH 90 AREA 56,250 SF CONTRACT ITEMS UNIT QUANTITY PRICE AMOUNT REPLACE JOINT SEAL LF 192 $200,00 1 $38,400 M TOTAL $38,400 r N T Q COMMENTS: D 1.This estimate represents the Engineers professional opinion of probable cost only and no guarantee rage Ing its accuracy is expressed or L Implied. Actual bid prices will vary depending on market conditions at the time of bidding and are not within the Engineers control. '= 3 2.This estimate does not include any forecast of coal escala8nn unless shown in the table above. Q 3.This estimate includes structure items only and does not Include costs for roadwork,utilities.landscaping,mitigation,right-of-way or U) engine On . M a) T m C d E U re Q Q Q 0 _T U M N LL r O N Y G d E JC U R Q Packet Pg. 396 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 3 MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND VALLEY 4 DEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO FOR PROVISION OF CITY SERVICES FOR FISCAL YEAR 2012/2013. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized 8 and directed to execute on behalf of said City a Master Services Agreement by and between 9 M 10 the Inland Valley Development Agency and the City of San Bernardino for the provision of N a 11 services for the San Bernardino International Airport for Fiscal Year 2012/2013. A copy of > r 12 the said Master Services Agreement is attached hereto as "Attachment C" and incorporated 13 herein by reference as though fully set forth. 14 15 SECTION 2. That the implementation date of the Agreement is July 1 2012; C 0 16 therefore, any action taken between July 12012 and the date that this Resolution is adopted is 2 0 N 17 hereby ratified. 18 d SECTION 3. This agreement is rescinded if the parties to the agreement fail to r 19 20 execute it within one hundred twenty 120 days of the passage of this resolution. 21 22 23 24 25 26 27 28 Packet Pg. 397 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE A 2 MASTER SERVICES AGREEMENT BY AND BETWEEN THE INLAND VALLEY DEVELOPMENT AGENCY AND THE CITY OF SAN BERNARDINO FOR 3 PROVISION OF CITY SERVICES FOR FISCAL YEAR 2012/2013. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting 6 7 thereof,held on the_day of , 2012,by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 JENKINS 11 >> 12 VALDIVIA y 3 13 SHORETT a U) 14 KELLEY M m 15 JOHNSON 0 16 MCCAMMACK o 17 " a 18 19 Georgeann Hanna, City Clerk s U W w 20 The foregoing resolution is hereby approved this day of 2012. a 21 22 Patrick J. Morris, Mayor 23 City of San Bernardino 24 Approved as to form: 25 JAMES F. PENMAN, City Attorney 26 By: 27 28 Packet Pg.398 Attachment C © MASTER SERVICES AGREEMENT This MASTER SERVICES AGREEMENT ("Agreement') is made and entered into as of the I' day of July, 2012 ("Effective Date"), by and between the INLAND VALLEY DEVELOPMENT AGENCY, a public entity established pursuant to Government Code Section 6500, et sue., for the joint exercise of powers ("Agency") and the CITY OF SAN BERNARDINO, a M charter city under the laws and Constitution of the State of California("City"). N r a 0 The Agency and the City hereby agree as follows: s cn3 a 1. Enactment of the Citv The Agency hereby engages the City to provide the services described in Sections 2 and 3 of this Agreement, and the City hereby accepts such engagement and agrees to provide such services E under this Agreement during the term specified in Section 5. a U 2. Permit, Inspection.En ing eerine and Plan Check Services E V 2.1 The City agrees to provide Permit, Inspection and Plan Check services ("Services") a to the Agency on an expedited basis, if available, upon the written request of the Agency. The a w provision of such Services is at the sole discretion of the Director of the Community Development a Department or their designee. Any commitment by the City to provide such Services shall be > subject to reimbursement by the Agency to the City for the actual costs incurred. The parties agree M that the maximum amount of the fees for the performance of Services under this Section 2 shall not N exceed eighty thousand dollars ($80,000); and, whereupon should this not to exceed amount be r reached, no further Services shall be provided by the City unless otherwise renegotiated in LL accordance with Section 7.9 of this Agreement. E L V W 2.2 Expenses arising from the provision of Permit, Inspection and Plan Check Services a shall be reimbursed by the Agency to the City upon receipt of an invoice and supporting documentation submitted by the City Finance Department. Once appropriate invoice(s) and proper documentation are submitted to and accepted by the Agency, invoices are to be paid within 30 days. If invoices are not paid within 30 days, interest will be charged on the outstanding amount at the Local Agency Investment Fund(LAIF)rate. 1 Attachment C © 3. Maintenance of 3'd Street Culvert and Mt. View Bridge Expenses arising from the provision of maintenance services from the 3`d Street Culvert and the Mt. View Bridge shall be reimbursed by the Agency to the City upon receipt of an invoice and supporting documentation submitted by the City Finance Department. The parties agree that the maximum amount of the maintenance costs under this Section 3 shall not exceed M fifty-four thousand, five hundred eighty dollars ($54,580) for the 3rd Street Culvert and thirty- N eight thousand four hundred dollars ($38,400) for the Mt. View Bridge. Whereupon should this ¢ 0 not to exceed amount is reached, no further services will be provided by the City unless t otherwise renegotiated in accordance with Section 7.9 of this Agreement. 3 LO 4. Personnel r rn All matters pertaining to the hiring, employment, supervision, compensation,promotion and E discharge of its employees to perform the services hereunder are the responsibility of the City, ¢ U which is,in all respects,the sole employer of such employees. � O � E s 5. Term and Termination a This Agreement shall commence on July 1, 2012 and unless sooner terminated or extended ¢ by agreement of the City and the Agency in writing upon thirty(30) days prior written notice, and executed prior to date of termination, this Agreement shall terminate on June 30,2013. > U 6. Indemnification and Insurance N r 6.1 Indemnification 6.1.1 The City shall defend (if requested by Agency), indemnify, save and hold harmless the Agency and its commissioners, officials, officers, employees and agents from all claims for loss or damage to property, including loss of use thereof, and injury to persons, resulting from its negligent performance of its obligations under this Agreement, as well as from any claims ¢ made by or on behalf of City's agents, servants, and/or employees arising out of their employment or work pertaining to the operations under this Agreement; moreover, the City shall at all times defend, indemnify and hold the Agency, its commissioners, officials, officers, employees and agents Charmless from and against any and all liabilities, demand, claims, suits, losses, damages, causes of action, fines, or judgments, including costs, attorneys' and witnesses' fees, and expenses incident 2 Attachment C thereto, arising out of or in connection with the failure by the City to comply with all laws, ordinances or governmental regulations applicable to the City or the conduct of the City's business, including, without limitation, laws, ordinances or governmental regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste, or toxic substances. M 6.1.2 The City is and will be an independent contractor at all times and in every respect and not the agent of the Agency. Nothing contained herein and no direction or notification a 0 from the Agency or the Executive Director to the City shall be construed so as to create a > Y partnership,joint venture or Agency relationship between the parties hereto. 3 cn a 6.1.3 The Agency shall defend (if requested by City), indemnify, save and hold harmless the City and its commissioners, officials, officers, attorneys, employees and agents from E all claims for loss or damage to property, including loss of use thereof, and injury to persons, a resulting from the negligent performance of its obligations under this Agreement, as well as from any claims made by or on behalf of the Agency's agents, servants, and/or employees arising out of E v their employment or work pertaining to the operations under this Agreement;moreover,the Agency =°• shall at all times defend, indemnify and hold the City, its commissioners, officials, officers, a employees and agents harmless from and against any and all liabilities, demand, claims, suits, a losses, damages, causes of action, fines, or judgments, including costs, attorneys' and witnesses' > T fees, and expenses incident thereto, arising out of or in connection with the failure by the Agency to U comply with all laws, ordinances or governmental regulations applicable to the Agency or the N conduct of the Agency's business, including, without limitation, laws, ordinances or governmental N r regulations applicable to the use, storage, handling or disposal of petroleum products, hazardous materials or waste,or toxic substances. d E L U N 6.1.4 The costs, salary and expenses of the City Attorney and members of his a office in enforcing this contract on behalf of the City shall be considered as "attorney's fees"for the purposes of this paragraph. 6.2 Insurance. The City shall purchase and maintain in effect, at its own expense, during the term of this Agreement insurance from insurers acceptable to the Agency protecting said 3 Attachment C O City, the Agency, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury,property damage, including loss of use thereof,which may arise or be alleged to have arisen, from the City's activities in connection with the performance of this Agreement, whether such activities be of the City, the City's agent, or of anyone employed by the City. The types of insurance coverage as well as the amounts of such coverage shall be as follows: M 6.2.1 The City shall furnish worker's compensation and employers' liability N insurance as required by the laws of the State of California covering all persons employed by the a 0 City in the performance of the duties described herein. r i 3 a 6.2.2 The City shall provide public liability insurance coverage in the amounts of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and $5,000,000 for any one accident or casualty, covering the performance of the services herein ordered. m a 6.2.3 Within ten (10) days after the acceptance of this Agreement by the Agency, V the City shall deliver to the Agency certificates of insurance evidencing that insurance has been s purchased by the City as required in this Section 6.2. and copies of endorsements providing(i)thirty =° a (30)days'written notice of cancellation,non-renewal, or reduction in coverage by the insurers to the a U) Agency, and (ii) automobile liability and comprehensive general liability insurance shall include the a Agency, its commissioners, officials, officers, employees, and agents as additional insureds. Said > a certificates of insurance and copies of endorsements shall be on file with the Agency at all times thereafter during the term of this Agreement. Failure of the City to provide the certificates of N insurance or subsequent receipt by the Agency of a notice of cancellation of the insurance N } policy(ies)by the City's insurance company(ies)shall constitute a material breach of this Agreement LL and this Agreement may be terminated by the Agency upon written notice. All policies of insurance E required and provided by the City under this Section 6.2 shall include, or be endorsed to provide, a U waiver by the insurers of any rights of subrogation that the insurers may have at any time against the a Agency, its commissioners, officials, officers, employees and agents. 6.2.4 Notwithstanding the foregoing, the City may substitute a bona fide self- insurance program for any of the insurance requirements indicated in this Section 6.2. The City shall provide the Agency with evidence of excess coverage upon written request. 4 Attachment C �► 6.2.5 The Agency shall purchase and maintain in effect,at its own expense,during the term of this Agreement insurance from insurers acceptable to the City protecting said Agency, the City, its commissioners, officers, employees and agents, against claims for bodily injury, including personal injury, property damage, including loss of use thereof, which may arise or be alleged to have arisen, from the Agency's activities in connection with the performance of this M Agreement, whether such activities be of the Agency, the Agency's agent, or of anyone employed N by the Agency. The types of insurance coverage as well as the amounts of such coverage shall be as a 0 follows: r 3 a 6.2.6 The Agency shall furnish worker's compensation and employers' liability insurance as required by the laws of the State of California covering all persons employed by the Agency in the performance of the duties described herein. E m a 6.2.7 The Agency shall provide public liability insurance coverage in the amounts �j of not less than $10,000,000 for property and $10,000,000 for the death or injury of one person and E $5,000,000 for any one accident or casualty, covering the performance of the services herein =° a ordered. a' a 6.2.8 Within ten (10) days after the acceptance of this Agreement by the City, the o T Agency shall deliver to the City certificates of insurance evidencing that insurance has been purchased by the Agency as required in Section 6.2.7 and copies of endorsements providing (i) N thirty(30) days'written notice of cancellation,non-renewal, or reduction in coverage by the insurers N to the City, and (ii) automobile liability and comprehensive general liability insurance shall include the City, its commissioners, officials, officers, employees, and agents as additional insured. Said certificates of insurance and copies of endorsements shall be on file with the City at all times thereafter during the term of this Agreement. Failure of the Agency to provide the certificates of a insurance or subsequent receipt by the City of a notice of cancellation of the insurance policy(ies) by the Agency's insurance company(ies) shall constitute a material breach of this Agreement and this Agreement may be terminated by the City upon written notice. All policies of insurance required and provided by the Agency under this Section 6.2 shall include,or be endorsed to provide, 5 Attachment C a waiver by the insurers of any rights of subrogation that the insurers may have at any time against the City, its commissioners,officials,officers,employees and agents. 6.2.9 Notwithstanding the foregoing, the Agency may substitute a bona fide self- insurance program for any of the insurance requirements indicated in this Section 6.2. The Agency shall provide the City with evidence of excess coverage upon written request. M N r 7. Miscellaneous. o 7.1 Notices. Any and all notices required or permitted to be given hereunder shall be t_ in writing and shall be personally delivered or mailed by certified or registered mail, return receipt 3 Q requested,postage prepaid, to the respective parties at the addresses indicated below: M If to Agency: Inland Valley Development Agency E 1601 East Third Street a San Bernardino, CA 92408 d Attn: Executive Director E U 10 Q If to City: City of San Bernardino Q 300 North "D" Street, 6`s Floor a San Bernardino, CA 92418 > T Attn: City Manager M N With copies to: The City Department(s)to which the subject r matter of the particular notice pertains. LL c d E r Any party may change its address by a notice given to the other party in the manner set forth o above. Any notice given personally shall be deemed to have been given upon service and any Q notice given by certified or registered mail shall be deemed to have been given on the third (3rd) business day after such notice is mailed. 7.2 Integration. This Agreement supersedes all prior agreements and understandings between the parties relating to the subject matter hereof. Neither of the parties has relied upon any 6 Attachment C (� oral or written representation or oral or written information given to it by any representative of the `�... other party. 7.3 Severabilitv. If one or more of the provisions of this Agreement is hereafter declared invalid or unenforceable by judicial, legislative or administrative authority of competent jurisdiction, the parties hereto agree that the invalidity or unenforceability of any of the provisions M shall not in any way affect the validity or enforceability of any other provisions of this Agreement. N a 7.4 Amendment: Modification. No change or modification of the terms or provisions L of this Agreement shall be deemed valid unless in writing and signed by both parties subject to 3 a N governmental approval, if required. M r A 7.5 Governing Law. This Agreement shall be construed, interpreted and applied in E accordance with the laws of the State of California. U c C7.6 Waiver. No waiver of any breach or default shall be construed as a continuing r waiver of any provision or as a waiver of any other or subsequent breach of any provision contained a in this Agreement. a ❑ 7.7 Headings. The headings of Sections of this Agreement have been inserted for T convenience of reference only and shall not affect the interpretation of any of the provisions of this M Agreement. N 0 N } 7.8 Assignment. Neither party hereto shall assign, hypothecate, or otherwise transfer c such party's rights hereunder, or delegate such party's duties hereunder, without the prior written E consent of the other party hereto. a 7.9 Renegotiation of the A erg ement. The City and the Agency agree that needs may arise for which this Agreement is insufficient, and further agree that effective services are mutually beneficial. Therefore, any provision of this Agreement may be re-opened and renegotiated as the needs to resolve new issues arise. Any such revised provisions shall be finalized in writing and approved by the governing bodies of the Agency and the City. 7 Packet Pg. 405 8.C.d Attachment C MASTER SERVICES AGREEMENT WITH THE INLAND VALLEY DEVELOPMENT AGENCY FY 2012-13 M IN WITNESS WHEREOF,the parties have executed this Agreement as of the date N first above written. ¢ 0 r INLAND VALLEY DEVELOPMENT AGENCY 3 By: Date: Interim Executive Director w E rn U SEAL O � E ATTEST: 16 ¢ ¢I N By: 0 Clerk of the Board >_ U M CITY OF SAN BERNARDINO N LL0 N LL By: Date: Interim City Manager E L U SEAL ¢ Approved as to Form: ATTEST: Q By: City Clerk James F. Penman,City Attorney 8