HomeMy WebLinkAbout18- Public Works CITY OF SAN BER►' %RDINO - REQUEST �OR COUNCIL ACTION
File No 1, 311
Authorization to Execute Agreement
From: ROGER G. HARDGRAVE Subject: for Professional Engineering Ser-
vices - Traffic Signal Interconnect
Dept: Public Works/Engineering on Highland Avenue, frm Muscupiabe
Drive
Date: October 14, 1992 BSI CONSULTANTS, INC.
Synopsis of Previous Council action:
None.
Recommended motion:
1. That the appropriation of $271,000, under Account No. 250-670-57311,
"Traffic Signal Interconnect - Highland Avenue, from Muscupiabe Drive
to Sierra Way," from State Traffic Systems Management Funds be approved.
2. Adopt resolution.
cc: Shauna Clark
Jim Penman
bignaTGre
Contact person: Gene R. Klatt Phone: 5125
Staff Report,
Supporting data attached: Resolution, Agreement Ward:_ 2 , 6 & 7
FUNDING REQUIREMENTS: Amount: $22 , 000 . 00 (Street Construction Fund)
Source: (Acct. No.) 250-670-57311
Acct. Description) Highland Ay nue Interconnect
Finance.
Council Notes:
CITY OF SAN BERP" 1RDINO - REQUEST 'IR COUNCIL ACTION
STAFF REPORT
In December of 1991 , Caltrans advised the City of approval
of a submitted Traffic Signal Management (TSM) project along
Highland Avenue between Muscupiabe and Sierra Way. The
California Transportation Commission has approved a total of
$271 , 000 . 00 for the interconnection, upgrade and improvement of
signals within these limits .
In July of 1992, after funding was assured, the City sent
letters of interest to 22 firms. A total of 7 firms were
interviewed on August 24 , 1992 , by a committee made up of
representatives of the Traffic Engineering Section, Automobile
Club and Public Works Staff. The firm of BSI Consultants, Inc.
was selected as being best qualified to complete the work on this
project.
The agreement provides, in general , for the Consultant to
prepare plans, specifications and estimates, sufficient to insure
funding by Caltrans, and expend all funds available for construc-
tion. The design is to be completed within 5 weeks of
notification to proceed on the project.
This project has been included in the Traffic Systems
Management Plan private list for the 1992-93 Fiscal Year. In-
clusion of this project on the priority list means that up to
$271 , 000. 00 will be provided from the State TSM Funds to finance
1000 of the total project cost. Costs will be charged to Account
No. 242-362-57311 .
We recommend that the agreement be approved.
10-14-92
5-0264
t 0
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BSI CONSULTANTS, INC. FOR
3 PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR
INTERCONNECTING AND UPGRADING TRAFFIC SIGNALS ON HIGHLAND AVENUE,
4 FROM MUSCUPIABE DRIVE TO SIERRA WAY.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement with BSI Consultants, Inc. , relating to the
9 provision of Professional Engineering Design services for
10
interconnecting and upgrading the traffic signals on Highland
11
Avenue, from Muscupiabe Drive to Sierra Way. A copy of said
12
agreement is attached hereto, marked Exhibit "A" and incorporated
13 herein by reference as fully as though set forth at length.
14
SECTION 2 . The agreement shall not take effect until
15 fully signed and executed by both parties. The City shall not be
16
obligated hereunder unless and until the agreement is fully
17 executed and no oral agreement relating thereto shall be implied
18 or authorized.
19 SECTION 3 . This resolution is rescinded if the parties
20 to the agreement fail to execute it within sixty (60) days of the
21 passage of this resolution.
22
23
24
25
26
27
28
10/14/92
RESO: EXECUTING AGREEMENT WITH BSI CONSULTANTS, INC. RELATING
TO PROVISION OF ENGINEERING DEgIGN SERVICES FOR TRAFFIC
r SIGN S.
j I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1992 , by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
12 MILLER
13
14
15 Rachel Clark, City Clerk
16 The foregoing resolution is hereby approved this
day of , 1992 .
17
18
W. R. Holcomb, Mayor
19 Approved as to form City of San Bernardino
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
24
25
26
27
28
2 -
.rirr...�r�rr
EXHIBIT "All
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of
, 1992, by and between the CITY OF
SAN BERNARDINO, California, a municipal corporation, hereinafter
referred to as the "CITY" and BSI Consultants , Inc. , a
California corporation, hereinafter referred to as "ENGINEER".
W I T N E S E T H
WHEREAS, City desires to obtain professional services to
prepare plans, specifications, estimates and construction documents
for the installation of interconnection of traffic signals along
Highland Avenue between Muscupiabe Drive and Sierra Way as part of a
Federally funded TSM project. The project shall include the
interconnection of signals, improvements to loop detection systems,
connection via phone system to City's master computer for signal
control, improvements for pedestrain timing as appropriate and other
necessary and appurtentant improvements that may be completed within
the designated budget.
WHEREAS, in order to develop, plans, specifications, estimates
and construction documents, it is necessary to retain the profes-
sional services of a qualified engineering and consulting firm; and
V, WHEREAS, Engineer is qualified to provide said professional
services; and
WHEREAS, San Bernardino City Council has elected to engage the
services of Engineer upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
Services" proposal dated September 29, 1992 , a copy of which is
attached hereto as Exhibit 111" and incorporated as though set forth
in full.
2. TERM OF AGREEMENT
The services of Engineer are to commence within thirty (30)
days after the City has authorized work to start by issuance of a
Notice to Proceed. The scheduled completion dates specifically set
forth in Exhibit 192" attached hereto and incorporated herein as
though set forth in full, will be adjusted by Engineer as the City
authorizes the work. Such adjustments shall require City approval
prior to commencement of performance of each phase. This Agreement
shall expire as specified by the Exhibit 112" schedule unless extended
by written agreement of the parties.
3 . STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in conform-
ance with Standard Specifications for Public Works Construction
(Greenbook) and the City of San Bernardino's Standard Drawings.
4 . CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Servic-
es" , is made an obligation of Engineer under this Agreement, subject
to any changes made subsequently upon mutual agreement of the
parties. All such changes shall be incorporated by written
amendments to this Agreement and include any increase or decrease in
the amount of compensation due Engineer for the change in scope. Any
change which has not been so incorporated shall not be binding on
either party.
B. No extra services shall be rendered by Engineer under this
Agreement unless such extra services are authorized, in writing, by
City prior to performance of such work. Authorized extra services
shall be invoiced based on Engineer's "Schedule of Hourly Rates"
dated April 1 , 1992 , a copy of which is attached hereto
as Exhibit "4" and incorporated herein as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Engineer for actual costs
(including labor costs, employee benefits, overhead, profit, other
direct and indirect costs) incurred by the Engineer in performance of
the work, in an amount not to exceed $22 , 000. 00 . Actual costs
shall not exceed the estimated wage rates and other costs as set
forth in Exhibit 11311 , attached hereto and incorporated herein as
though set forth in full.
B. Said compensation shall not be altered unless there is
significant alteration in the scope, complexity or character of the
work to be performed. Any such significant alteration shall be
agreed upon in writing by City and Engineer before commencement of
performance of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be
permitted when the Engineer establishes and City has agreed, in
writing, that there has been, or is to be, a significant change in:
1. Scope, complexity, or character of the services to be
performed;
2 -
2 . Conditions under which the work is required to be
performed; and
3 . Duration of work if the change from the time period speci-
fied in the Agreement for Completion of the work warrants
such adjustment.
C. The Engineer is required to comply with all Federal, State
and local laws and ordinances applicable to the work. The Engineer
is required to comply with prevailing wage rates in accordance with
California Labor Code Section 1775.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this
Agreement shall be submitted monthly by Engineer to City and shall be
paid by City within twenty (20) days after receipt of same, excepting
any amounts disputed by City. Dispute over any invoiced amount shall
be noticed to the Engineer within ten (10) days of billing and a meet
and confer meeting for purposes of resolution of such dispute shall
be initiated by the City within ten (10) days of notice of such
dispute. Interest of 1-1/2 percent per month (but not exceeding the
maximum rate allowable by law) will be payable on any amounts not in
dispute and not paid within thirty (30) days of the billing date,
payment thereafter to be applied first to accrued interest and then
to the principal unpaid amount. On disputed amounts, interest shall
accrue from thirty (30) days of the invoice date if the amount in
dispute is resolved in favor of the Engineer. All tasks as specified
in Exhibit "1" shall be completed prior to final payment.
B. Section 9-1. 10 of the Cal-Trans Standard Specifications is
hereby specifically waived and not applicable to this agreement. The
parties hereto otherwise agree not to be bound by any other require-
ments for arbitration of any dispute arising hereunder. Disputes
shall be resolved by agreement of the parties, or upon the failure of
such agreement, by direct application to the Courts.
C. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the amount
payable under this Agreement, then all litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be
paid to the prevailing party.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of City, or his designee,
shall have the right of general supervision over all work performed
by Engineer and shall be City's agent with respect to obtaining
Engineer's compliance hereunder. No payment for any services
rendered under this Agreement shall be made without prior approval of
the Director of Public Works or his designee.
- 3 -
f t Q
B. The Office of the Administrator and Caltrans may review
and inspect the Engineer's activities during the progress of the
program.
8 . COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color,
religion, sex, marital status or national origin. Engineer 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,
Engineer 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.
9 . TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon
thirty (30) days' written notice in the event of substantial failure
of the other party to perform in accordance with the terms of this
Agreement. Each party shall have twenty (20) days following date of
such notice within which to correct the substantial failure giving
rise to such notice. In the event of termination of this Agreement,
City shall within thirty (30) days pay Engineer for all the fees,
charges and services performed to City's satisfaction by Engineer,
which finding of satisfaction shall not be unreasonably withheld.
Engineer hereby covenants and agrees that upon termination of this
Agreement for any reason, Engineer will preserve and make immediately
available to City, or its designated representatives, maps, notes,
correspondence, or records related to work paid for by the City and
required for its timely completion, and to fully cooperate with City
so that the work to be accomplished under this Agreement may continue
within forty-five (45) days of termination. Any subsequent use of
such incomplete documents shall be at the sole risk of the City and
the City agrees to hold harmless and indemnify Engineer from any
claims, losses, costs, including Attorney's fees, and liability
arising out of such use. Engineer shall be compensated for such
services in accordance with Exhibit 114" .
B. This agreement may be terminated for the convenience of
the City upon thirty (30) days written notice to Engineer. Upon such
notice, Engineer shall provide work product to City and City shall
compensate Engineer in the manner set forth above.
C. Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall continue
until all obligations arising from such termination are satisfied.
- 4 -
x < 0 0
10. CONTINGENCIES
In the event that, due to causes beyond the control of and
without the fault or negligence of Engineer, Engineer fails to meet
any of its obligations under this Agreement, and such failure shall
not constitute a default in performance, and the City may grant to
Engineer such extensions of time and make other arrangements or
additions, excepting any increase in payment, as may be reasonable
under the circumstances. Increases in payment shall be made only
under the "changes" provision of this Agreement. Engineer shall
notify City within three (3) days in writing when it becomes aware of
any event or circumstance for which it claims or may claim an
extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the perfor-
mance of the services provided for under this Agreement. Engineer
shall furnish such services in its own manner and in no respect shall
it be considered an agent or employee of City.
12 . ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be
assigned by Engineer without the written consent of City. Any
attempt by Engineer to assign or subcontract any performance of this
Agreement without the written consent of the City shall be null and
void and shall constitute a breach of this Agreement. All
subcontracts exceeding $10, 000, shall contain all provisions of this
contract.
13 . NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of Engineer
and City:
ENGINEER CITY
BSI Consultants Inc. Mr. Roger Hardgrave
685 E. Carnegie Dr. Suite 200 Director of Public Works/
San Bernardino, CA 92408 City Engineer
Attn: Ray A. Wellington 300 North "D" Street
San Bernardino, CA 92418
14 . RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data
provided through the City or its agents without independent
evaluation.
B. The City shall pay all costs of inspection and permit
fees. Charges not specifically covered by the terms of this
- 5 -
t 0 0
Agreement shall be paid as agreed by the parties hereto at the time
such costs arise; but in no event shall the work to be performed
hereunder cease as a consequence of any unforeseen charges unless by
mutual written agreement of City and Engineer.
C. All tracings, survey notes, and other original documents
are instruments of service and shall remain the property of Engineer
except where by law, precedent, or agreement these documents become
public property. All such documents or records shall be made
accessible to City. Engineer shall maintain all records for
inspection by the City, State, or their duly authorized
representatives for a period of three (3) years after final payment.
Engineer shall stamp and sign all specifications, estimates, plans
and engineering data furnished, and, where appropriate, indicate
registration number.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the Construction Cost prepared by Engineer
represents his judgment as a design professional and is supplied for
the general guidance of the City. Since Engineer has no control over
the cost of labor and material, or over competitive bidding or market
conditions, Engineer does not guarantee the accuracy of such opinions
as compared to contractor bids or actual cost to the City.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the Engineer
for the purpose of securing business. For breach or violation of
this warranty, City shall have the right to terminate this Agreement
in accordance with the clause permitting termination for cause and,
at its sole discretion, to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such
commission, percentage, brokerage or contingent fee.
17. HOLD HARMLESS CAUSE
A. Engineer hereby agrees to hold City, its elective and
appointive boards, officers, and employees, harmless from any
liability for damage or claims for damage for personal injury
including death, as well as from claims for property damage, which
may arise from Engineer's negligent acts, errors or omissions under
this Agreement.
B. Engineer shall indemnify, defend and hold free and
harmless the City, its officers and its employees from all claims,
damages, costs, expenses, and liability, including, but not limited
to attorney's fees imposed upon them for any alleged infringement of
patent rights or copyrights of any person or persons in consequence
of the use by City, its officers, employees, agents and other duly
- 6 -
t t
authorized representatives, of programs or processes supplied to City
by Engineer under this Agreement.
18. INDEMNITY
Engineer shall indemnify, defend and hold harmless City from
and against any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities, of, by, or with respect
to third parties, which arise solely from Engineer's negligent
performance of services under this Agreement. Engineer shall not be
responsible for, and City shall indemnify, defend and hold harmless
Engineer from and against, any and all claims, demands, suits,
actions, proceedings, judgments, losses, damages, injuries,
penalties, costs, expenses (including attorney's fees) and
liabilities of, by or with respect to third parties, which arise
solely from the City's negligence. With respect to any and all
claims, demands, suits, actions, proceedings, judgments, losses,
damages, injuries, penalties, costs, expenses (including attorney's
fees) and liabilities of, by or with respect to third parties, which
arise from the joint or concurrent negligence of Engineer and City,
each party shall assume responsibility in proportion to the degree of
its respective fault.
19. LIABILITYfINSURANCE
A. Engineer's liability insurance for injury or damage to
persons or property arising out of work for which legal liability may
be found to rest upon Engineer other than for professional errors and
omissions, shall be a minimum of $1, 000, 000. For any damage on
account of any error, omission or other professional negligence
Engineer's liability shall be limited in a sum not to exceed $50, 000
or Engineer's fee, whichever is greater.
B. The City will require the Engineer to provide Workers
Compensation and comprehensive general liability insurance, including
completed operations and contractual liability, with coverage suffi-
cient to insure the Engineer's indemnity, as above required; and,
such insurance will include the City, the Engineer, their
consultants, and each of their officers, agents and employees as
additional insureds except for additional insured coverage on Works
Compensation.
C. Engineer shall provide evidence of insurance in the form
of a policy of insurance, in which the City is named as an additional
named insured to the extent of the coverage required by this
Agreement.
20. VALIDITY
Should any provision herein be found or deemed to be invalid,
this Agreement shall be construed as not containing such provision,
and all other provisions which are otherwise lawful shall remain in
- 7 -
1 + 0 V
AGREEMENT FOR: INTERCONNECT OF TRAFFIC SIGNAL ON HIGHLAND AVENUE
BETWEEN MUSCUPIABE DRIVE AND SIERRA WAY
full force and affect, and to this end the provisions of this
Agreement are declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the parties hereto and supersedes all prior and
contemporaneous negotiations, representations, understandings and
agreements, whether written or oral, with respect to the subject
matter thereof. This Agreement may be amended only by written
instrument signed by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the date written above by their duly
authorized officers on their behalf.
ATTEST: BSI CONSULTANTS
By:
President
CITY OF SAN BERNARDINO,
a municipal corporation
By:
W. R. Holcomb, Mayor
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
8 -
0
EXHIBIT "1"
SCOPE OF SERVICES
The scope of services are for a traffic signal modification project consisting of a traffic signal interconnect
system using conduit and interconnect cable for communications on Highland Avenue from Muscupiabe
to Sierra Way including the Caltrans controlled State Route 259 ramp traffic signals. Major upgrade to
provide protected permissive left turn phasing at "E" Street and mast-arm additions, pedestrian heads,
pedestrian and vehicle detectors shown at each intersection will be separate, alternate bid item designs
to provide the ability for the City to obligate total funds budgeted when the construction contract bids
are analyzed for award of contract.
BSI CONSULTANTS, INC.
1. Meet with City staff and Caltrans staff to discuss timing, on-street master controller location, and
other conditions affecting the project.
2. Meet with City and G.T.E. representatives to determine telephone service location for the on-
street master controller.
3. Prepare and submit preliminary specification markups, special provisions, traffic signal
modification plans and estimate to the City and Caltrans. Mail first utility notice to known
affected utilities.
4. Prepare final project plans, specification markups, and special provisions based upon feedback
received on the above preliminary plan and utility information received, then submit to the City
and Caltrans for plan check and review.
5. Incorporate review comments on the prior submittal, prepare opinion if construction cost, mail
second utility notice, and submit plans, special provisions, and estimate to the City for review and
comments.
6. Make final revisions to the plans, specification markups, special provisions, and estimate and
deliver copy-ready originals of plans, specifications, and estimate to the City of San Bernardino.
CITY OF SAN BERNARDINO
1. Provide copies of existing relevant record drawings, utility maps, right-of-way documents,
planned/ultimate street/intersection layouts, a)dsting and projected traffic volumes, and other
project information available.
2. Make arrangements with G.T.E. to provide telephone service to the on-street master controller.
3. Plan check and review comments returns are desired within two weeks of submittal,however, they
shall be returned within twenty(20) working days.
4. The City shall incorporate specification markups and special provisions with City's standard bid
document and provide necessary copies of bid documents from copy-ready originals and administer
the bid process and construction project.
EXHIBIT "2"
PROJECT SCHEDULE
Mail first utility check and submit preliminary plans and estimate within two(2) weeks from receipt
authorization to proceed.
Submit final plans, special provisions, and estimate and mail second utility notice within one(1) week of
receipt of first plan check comments.
Submit copy-ready final plans, special provisions, and estimate within one(1) week of receipt of second
plan check comments.
If City review periods are short and utility information is readily available, the project could be completed
in less than five(5) weeks from the date of authorization to proceed.
j
EXHIBIT "3"
COMPENSATION
BSI Consultants, Inc. proposes to provide the services detailed in the SCOPE OF SERVICES for a lump
sum fee of$22,000.00.
PAYMENT SCHEDULE
Total payment shall be a lump sum, fixed fee amount of$22,000.00.
Monthly, in progress,invoices shall be submitted as a percent complete. Percent complete shall be based
on to date costs and estimates of work complete as agreed to by the City.
Final invoice for the remaining amount due shall be submitted after City approval of the project.
k 0
EXHIBIT "4"
BSI CONSULTANTS, INC.
SCHEDULE OF HOURLY RATES
FOR
ANTICIPATED PROJECT PERSONNEL
HOURLY
CLASSIFICATION RATE
Principal Engineer 135.00
Senior Associate 113.00
Engineer II 81.00
Senior Designer 87.00
Designer 70.00
Technician 46.00
Word Processor II 48.00
Word Processor I 39.00
Clerical 33.00
Out-of-pocket expenses (blueprinting, reproduction, and printing) will be invoiced at cost
plus 15%. A 15% fee for administration, coordination and handling will be added to
subcontracted services. Mileage will be invoiced at $0.36/mile. This Schedule of Hourly
Rates is effective as of April 1, 1992. Rates may be adjusted after that date to compensate
for labor cost increases and other increases due to inflationary trends.
j\contract\high-ic.con