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HomeMy WebLinkAbout15- Development Services City of San Bernardino — Request for Council Action From: William Woolard, Interim Director Subject: Resolution Approving Professional Services Agreements for Consultant Dept: Development Services Inspection Services for Capital Improvement Projects (CIP). Date: November 15, 2000 MCC Date: 12/18/2000 Synopsis of Previous Council Action: None Recommended Motion: Adopt Resolution William Woolard Contact person: Michael Grubbs, Senior Civil Engineer Phone: 5179 Supporting data attached: Staff Report, Reso., Agreement Ward: N/A FUNDING REQUIREMENTS: Amount: $90,000 Source: (Acct. No.) $90,000-various capital project accounts Acct. Description: various capital project accounts Finance: xo Council Notes Agenda Item No. 5 I �$' �� City of San Bernardino — Request for Council Action Staff Report Subject: Resolution approving services agreements with Willdan, Caltrop Engineering Corporation, and Lim and Nascimento Engineering Corporation for Consultant Inspection Services for Capital Improvement Projects (CIP). Background: The Public Works Division of the Development Services Department is responsible for administering the City's Capital Improvement Program (CIP). This program, in general, consists of the design and construction of roads, bridges, buildings, grading, drainage, landscaping, traffic signals, handicap ramps, etc. Normally, construction inspection for CIP projects is provided by in-house Construction Inspectors. A total of 5 Construction Inspectors are currently assigned to the Public Works Division; however, two of the inspectors are primarily assigned to development permit inspection, leaving only three inspectors to cover the CIP construction program. The current activity associated with the City's CIP Program fluctuates dramatically during the course of the year. Procuring consultant inspection services will provide the flexibility necessary to help meet the accelerated goals of the Mayor and Common Council this year without hiring additional permanent inspection staff or suffering reductions in quality control of projects. The Development Services Department prepared specifications for Consultant Inspection Services for Capital Improvement Projects (CIP). The Purchasing Division sent out notices inviting bids for an annual contract for provision of such services per RFP No. F-01-44. The request for proposals was sent to eight (8) local and area engineering firms and advertised in the San Bernardino County Sun newspaper, a copy was sent to the San Bernardino Area Chamber of Commerce, and it was posted on the City's web site. Proposals were submitted by the following firms: Cal-West Consultants, Grand Terrace Caltrop, Upland CPIS Corporation,Newport Beach Hernandez, Kroone & Associates, San Bernardino Kal Kishnar Consulting, Los Angeles Lim &Nascimento, San Bernardino Psomas, Riverside Willdan, San Bernardino Three members of the Public Works Staff reviewed the proposals with weighted consideration given in the following areas: capabilities of the firm, qualifications and experience of the firm, reasonableness of cost and price for services rendered, and completeness of the response. Based on that assessment, three firms were selected which are deemed to have a greater degree of accessibility when services are needed. Willdan, Caltrop Engineering Corporation, and Lim & Nascimento Engineering Corporation were selected based on the average of their overall scores in the above areas. r 1 ' City of San Bernardino — Request for Council Action Staff Report - continued After the Agreements are fully executed, Public Works Staff will request that Annual Purchase Orders totaling $90,000 be issued to the selected firms. It is Staff's intent that the amount be divided equally among the three firms over the course of the year. However, depending on needs at the time of issuance of the purchase orders, the amount may divide somewhat differently in the short term. Financial Impact: Funds for Consultant Inspection Services for Capital Improvement Projects (CIP) are available through each individual project and cost of services charged back to that particular Capital Improvement Project's budget through the work order number. Therefore, for the majority of services rendered,the Development Services Department budget will not be impacted. Recommendation: Staff recommends that the Mayor and Common Council authorize the Purchasing Manager to issue Annual Purchase Orders totaling $90,000 in aggregate to Willdan, Caltrop Engineering Corporation, and Lim And Nascimento Engineering Corporation, with provisions for two one- year renewals. c0ply 1 RESOLUTION NO. 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING SERVICES AGREEMENTS WITH WILLDAN, CALTROP ENGINEERING CORPORATION, AND 4 LIM AND NASCIMENTO ENGINEERING CORPORATION FOR CONSULTANT INSPECTION SERVICES FOR CAPITAL IMPROVEMENT PROJECTS (CIP). 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Willdan, Caltrop Engineering Corporation, and Lim And Nascimento 8 Engineering Corporation are firms competent, experienced and able to perform requested 9 10 services and have provided the most advantageous and responsible proposals for provision of 11 Consultant Inspection Services for Capital Improvement Projects (CIP) per Specification No. 12 RFP F-01-44. Pursuant to this determination, the Purchasing Manager is hereby authorized and 13 directed to issue Purchase Orders for said services to said firms in amounts totaling $90,000 in 14 aggregate, with and option for two one year extensions; but such award shall only be effective 15 16 upon the issuance of a Purchase Order by the Purchasing Manager; and all other proposals are 17 hereby rejected. The Mayor is hereby authorized and directed to execute said agreements on 18 behalf of the City; a copy of each agreement is attached hereto and incorporated herein (Exhibits 19 A, B, and Q. 20 21 SECTION 2. The authorization to execute the above referenced Purchase Orders is 22 rescinded if they are not issued within sixty (60) days of the passage of this resolution. 23 24 25 26 27 28 - 1 - 1 RESOLUTION...APPROVING SERVICES AGREEMENTS WITH WILLDAN, 2 CALTROP ENGINEERING CORPORATION, AND LIM AND NASCIMENTO ENGINEERING CORPORATION FOR CONSULTANT INSPECTION SERVICES FOR 3 CAPITAL IMPROVEMENT PROJECTS (CIP). 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2000, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 LIEN 11 MC GINNIS 12 13 SCHNETZ 14 SUAREZ 15 ANDERSON 16 MC CAMMACK 17 18 City Clerk 19 20 The foregoing resolution is hereby approved this day of 52000. 21 Judith Valles, Mayor 22 City of San Bernardino 23 Approved as to 24 form and legal content: 25 JAMES F. PENMAN, City Attorney 26 By. ?-� 27 110 28 - 2 - EXHIBIT "A" SERVICES AGREEMENT THIS AGREEMENT is entered into this day of 2000, between Willdan CONTRA T R ( C O ) and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS CITY has need for professional construction inspection services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional construction inspection services in accordance with Proposal Specification No. RFP F 01-44. 2. Over the term of this Agreement, CONTRACTOR shall be paid through an Annual Purchase Order for such services in an amount in accordance with Proposal Specification No. RFP F O1-44 and Offeror's Proposal and Statement; CONTRACTOR agrees that said Annual Purchase Order in addition to other Annual Purchase Orders issued to other contractors for this work shall not exceed $90,000 per year. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without Services Agreement—Willdan Page 2 of 3 limitation, reasonable costs and attorneys' fees) arising out of or related to CONTRACTOR's performance under this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Engineer, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring, promotion, and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Raymond A. Casey, City Engineer City of San Bernardino Development Services Department 300 North `D' Street San Bernardino CA 92418 Services Agreement—Willdan Page 3 of 3 TO THE CONTRACTOR Willdan 650 Hospitality Lane, Suite 400 San Bernardino, CA 92408 (909) 386-0200 FAX (909) 888-5107 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. WILLDAN Date: by: Name/Title Signature CITY OF SAN BERNARDINO Date: by: Judith Valles Mayor City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney By: � , EXHIBIT "B" SERVICES AGREEMENT THIS AGREEMENT is entered into this day of , 2000, between Caltrop Engineering Corporation ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for professional construction inspection services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional construction inspection services in accordance with Proposal Specification RFP F-01-44. 2. Over the term of this Agreement, CONTRACTOR shall be paid through an Annual Purchase Order for such services in an amount in accordance with Proposal Specification No. RFP F 01-44 and Offeror's Proposal and Statement; CONTRACTOR agrees that said Annual Purchase Order in addition to other Annual Purchase Orders issued to other contractors for this work shall not exceed $90,000 per year. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without Services Agreement—Caltrop Page 2 of 3 limitation, reasonable costs and attorneys' fees) arising out of or related to CONTRACTOR's performance under this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Engineer, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring, promotion, and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Raymond A. Casey, City Engineer City of San Bernardino Development Services Department 300 North `D' Street San Bernardino CA 92418 Services Agreement—Caltrop Page 3 of 3 TO THE CONTRACTOR Caltrop Engineering Corporation 1037 W. Ninth Street Upland, CA 91786 (909) 931-9331 FAX (909) 931-0061 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. CALTROP ENGINEERING CORPORATION Date: by: Name/Title Signature CITY OF SAN BERNARDINO Date: by: Judith Valles Mayor City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney B y:J -A-, EXHIBIT "C" SERVICES AGREEMENT THIS AGREEMENT is entered into this day of , 2000, between Lim & Nascimento Engineering Corporation. ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY"). WITNESSETH: A. WHEREAS, CITY has need for professional construction inspection services and, B. WHEREAS, CONTRACTOR is competent, experienced and able to perform said services: and, C. WHEREAS, CONTRACTOR has provided the most advantageous and responsible proposal for the provision of such services; NOW THEREFORE, the parties hereto agree as follows: 1. CONTRACTOR shall furnish professional construction inspection services in accordance with Proposal Specification RFP F-01-44. 2. Over the term of this Agreement, CONTRACTOR shall be paid through an Annual Purchase Order for such services in an amount in accordance with Proposal Specification No. RFP F 01-44 and Offeror's Proposal and Statement; CONTRACTOR agrees that said Annual Purchase Order in addition to other Annual Purchase Orders issued to other contractors for this work shall not exceed 590,000 per year. 3. CONTRACTOR shall provide the Development Services Department with a monthly invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY retains the right to challenge all or any part of an invoice. 4. The initial term of this Agreement shall be one (1) year from the date first shown above and is subject to termination by either party upon thirty (30) days written notice to the other. There may be two one-year extensions. 5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and agents harmless from any claim, demand, liability, suit, judgment or expense (including, without Services Agreement—LAN Page 2 of 3 limitation, reasonable costs and attorneys' fees) arising out of or related to CONTRACTOR's performance under this Agreement, except that such duty to indemnify, defend and hold harmless shall not apply where injury to person or property is caused by CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City Attorney and members of his office in enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6. While not restricting or limiting the foregoing, during the term of this Agreement, CONTRACTOR shall maintain in effect policies of comprehensive public, general, and automobile liability insurance, in the amount of $1,000,000 combined single limit, and statutory worker's compensation coverage, and shall file copies of said policies with the CITY's Risk Manager prior to undertaking any work under this Agreement. The policies shall name the CITY as an additional insured and shall provide for ten (10) day notification to the CITY if said policies are terminated or materially altered. 7. CONTRACTOR shall perform work tasks as directed by the City Engineer, but for all intents and purposes, CONTRACTOR shall be an independent contractor and not an agent or employee of the CITY. 8. In the performance of this Agreement and in the hiring, promotion, and recruitment of employees, CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex, physical handicap, ethnic background or country of origin. 9. Any notice to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: TO THE CITY: Raymond A. Casey, City Engineer City of San Bernardino Development Services Department 300 North `D' Street San Bernardino CA 92418 Services Agreement—LAN Page 3 of 3 TO THE CONTRACTOR Lim & Nascimento Engineering Corporation 1836-L Commercenter Circle San Bernardino, CA 92408 (909) 890-0477 FAX (909) 890-0467 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date first above shown. LIM & NASCIMENTO ENGINEERING CORPORATION Date: by: Name/Title Signature CITY OF SAN BERNARDINO Date: by: Judith Valles Mayor City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney "" By: