HomeMy WebLinkAbout2019-004 Z&K CONSULTANTS INC.Resolution No. 2019-4
RESOLUTION NO. 20194
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING AGREEMENTS WITH Z&K CONSULTANTS
INC. FOR $100,000 AND INFRASTRUCTURE ENGINEERS
FOR $100,000 TO PROVIDE PUBLIC WORKS
CONSTRUCTION INSPECTOR SERVICES
WHEREAS, on June 20, 2018, the Mayor and City and Council adopted Resolution No.
2018-189 approving the Operating Budget and Capital Improvement Program (CIP) for FY
2018/19; and
WHEREAS, City does not have enough resources to fulfill inspection needs for the CIP
projects; and
WHEREAS, That Z&K Consultants Inc. located at 22295 Jessamine Way, Corona,
California 92883., and Infrastructure Engineer located at 3060 Saturn Street, Suite 250, Brea,
California 92821, have resources to provide qualified and experienced personals to perform
construction inspection; and
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The City Manager or his/her designee is hereby authorized and directed
to award a contract to Z&K Consultants Inc., in the amount of $100,000, attached hereto as
Exhibit A.
SECTION 3. The City Manager or his/her designee is hereby authorized and directed
to award a contract to Infrastructure Engineers, in the amount of $100,000, attached hereto as
Exhibit B.
SECTION 4. The City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
Resolution No. 2019-4
APPROVED and ADOPTED by the City Council and signed by the Mayor and attested
by the City Clerk this 22nd day of J u 2019. n n
�J 0 , '
John Valdivia, Mayor
City of San Bernardino
Attest:
Georgea Hanna, M M ,City Clerk
Approved as to form:
Gary D. Saenz, City Attorney
Resolution No. 2019-4
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO)
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-4 adopted at a regular meeting held at the 2nd day of January 2019 by the
following vote:
Council Members: AYES NAYS ABSTAIN ABSENT
SANCHEZ x
MARRA
VACANT
SHORETT X
NICKEL X
RICHARD
MULVIHILL ly-
WITNESS my hand and official seal of the City of San Bernardino this 2nd day of Jamar 2019.
George Hanna, K4MC, City Clerk
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND Z&K CONSULTANTS INC.
This Agreement is made and entered into as of December 19, 2018 by and between the City of
San Bernardino, a charter city and municipal corporation organized and operating under the laws
of the State of California with its principal place of business at Vanir Tower, 290 North D Street,
San Bernardino, CA 92401 ("City"), and Z&K Consultants Inc. a State Corporation with its
principal place of business at 22295 Jessamine Way, Corona, California 92883(hereinafter
referred to as "Consultant"). City and Consultant are hereinafter sometimes referred to
individually as "Party" and collectively as the ` Parties."
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Construction Inspector Services (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Incorporation of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services_ Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit "A"
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant 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 Consultant's
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Compensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in_Exbibit "A."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the stun of 100,000. This amount is to cover all related costs, and
the City will not pay any additional fees for printing expenses. Consultant may, submit invoices
to City for approval. Said invoice shall be based on the total of all Consultant's services which
have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-
five
Hive (45) days from the date City receives said invoice. The 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.
5. Additional Work. If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
a. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services by August 30, 2019, unless the Agreement is previously
terminated as provided for herein ("Term"}.
7. Maintenance of Records: Audits.
a. Records of Consultant's services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to casts incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely cnacfner and shall commence performance upon receipt of written notice from the City to
proceed„ Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances, strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should st ch.cirmnstanees occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstance preventing continued performance and the effortLs being made to
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resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal./OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. if applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant's services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. - . Cita Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City's Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assfi n anent and Sub -consultant. Consultant shall not assign. sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and sub -consultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Imlependent Consultant. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreenent, subject to such directions and amendmrt7ts from City as herein provided.
16. insurance. Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcoaract
until it has secured all insurance required under this section.
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IL Additionallnsured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant's and its sub -consultants' policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liabilit%
(i) The Consultant shall tape out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
for -the -following.
(iii) Commercial General Liability Insurance must include coverage
(1) Bodily injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City -designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
C. Automobile Liabilit
n
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non -owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers' Compensation/Emillover's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against .
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all sub -consultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section.
e. Professional Liability ( Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and mrith insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall be endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work perfonned under this Agreement. The
policy must "pay on behalf or* the insured and must include a provision establishing the insurer's
duty to defend.
f. Minimum Police Limits Required
(i) The following insurance limits are required for the Agreement;
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Combined Sins4c Limit
Commercial General Liability $1,000,000 per occurrencet $2,000,000 aggregate
for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence ReL}uired
Prior to execution of the Agreement, the Consultant shall file with the City
-evidence-of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
-shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Poliev Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Cornmercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
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(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years atter the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims -made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its sub -consultants.
The_ limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude -the City from taking such other actions available to the City under
other provisions of the Agreement or law.
L Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than A:VII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification,
(ii) if at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
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(iii) The City may rewire the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Sub -consultant Insurance Re.iuirements. Consultant shall not allow any
subcontractors or sub -consultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies or commercial general liability insurance provided by such subcontractors
or sub -consultants shall be endorsed to name the City as an additional insured using ISO form
CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or sub -consultants.
17. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, "Claims') in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant's services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys'
fees and other relate_ d costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultanfs obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnit, Obligations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by
this section that maybe brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
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insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements_ Consultant is aware of the requirements of
California Labor Code Sections 1720 et s�ce ,. and 1770 et sea., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ('Prevailing Wage Laws'), which require the
payment of prevailing wage rates and the performance of other requirements on certain "public
works" and "maintenance" projects. If the Services are being performed as part of an applicable
"public works" or "maintenance" project, as defined by the Prevailing Wage haws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all sub -consultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
if the Services are being performed as part of an applicable "public works" or
"maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all sub -consultants performing such Services must be registered with the Department of
industrial Ctelaiions. Cor€sultant-shall_maintain_registration_for -the-duration-of-the-Project-and-
require
heduration_of_the_Prvject-and_require the same of any sub -consultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant's sole responsibility to comply with all applicable registration and labor compliance
requirements-
.— 19. Verification of Employment Elipibilit By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited _ to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all sub -consultants and sub -sub -consultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any team of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days' written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawing,
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request bas not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termumtion. City shall not be liable for any costs
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other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of worm.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. 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's Office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
- -under this Agreement. -Consultant, when requested, shall famish 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 -
Consultant's professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction,
- - 24. Prohibited Employcttent. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. 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 -
26. Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in frill for the scxvi= described is
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Patrick Fraire as Project Manager. The
Project Manager shall not be removed from the Project or reassigned without the prior written
consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be offer t ve upon receipt thereof -
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CITY:
CONSULTANT:
City of San Bernardino Z&K Consultants Inc.
Vanir Tower, 290 North D Street 22295 Jessamine Way
San Bernardino, CA 92401 Corona, California 92883
Attn: Alex Qishta, P.E.
Deputy Public Works DirectoriCity Engineer
With Copy To:
City of San Bernardino
Vanir Tower, 290 Worth D Street
San Bernardino, CA 92401
Attn: City Attorney
30. Third Party. Riulits. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Epual Opportunity Employment. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
ernployment because of race, religion, color, national origin, ancestry, sex, age or otherinterests
protected by the State or Federal Constitutions. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Agreement. This Agreement; including Exhibit "A," represents the entire
understanding of City and Consultant -as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement i determined by a court of
competent jurisdiction to be invalid, illcgat, or unenforceable for any reason, 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, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assi �ns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligati ons without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Non -Waiver. The delay or failure of either Party at any time to require
perfornnance or compliance by the other Party of any of its obligations or agreements shall in no
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
ll
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.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. 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.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
_ _ 39. _ City's Right to Emplov .Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
40. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultantt warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
-contingent upon or resulting from the award or making of this Agreement For breach or
violation of this wan-anty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. 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 single Agreement
42. Authority. The persons executing this Agreement on behalf of the Parties hereto
wan -ant 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.
[SIGNATURES ON FOLLOWING PAGE]
12
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND Z&K CONSULTANTS INC.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
Approved y�
I
Andrea M. Miller
City Manager
Approved as to Form:
*�`**Approved Form""
Gary D. Saenz
City Attorney
Attested By:
'reorgean ann424C
City Clerk
13
CONSULTANT
04".<�
Signa e
Name
C�S1 1/1�
Title
14
3 CONSULTANTS
BUILDING SOLUTIONS
22295 Jessamine Way,
Corona CA 92883
Phone: (949) 637-5040
Fax: (949) 630-3242
HOURLY BILLING RATES
Effective January 1, 2017
HOURLY RATES/FEE SCHEDULES OF SERVICE
DATE: 11/14/18
PROPOSED PERSONNEL
POSITION HOURLY RATE ($)
Patrick Fraire
Construction Inspection Engineer 95
Construction Inspector 95
Senior Construction Inspector 95
Mac Crowley
Chris Costello
Project Manager
120
Senior Project Manager
125
Contact Manager/Corporate Support
125
Roadway Inspector
110
Office Engineer
115
Flyover Drone Reconnaissance
200
If you have any questions regarding this fee schedule, contact: Zack Faqih at (949) 637-5040 or Email.
ALL INSURANCE WILL BE IN FORCE AT TIME OF CONTRACT EXECUTION
f r ' City of San Bernardino Page ( 1
PATRICK FRAIRE
Construction inspector
EDUCATION construction
Fraire has excellent working knowledge of -%41111111W
construction management and inspection of
A BSCE — Civil Engineering heavy civil projects including bridges, grade separations,
California State Polytechnic interchanges, AC & PCC paving, tieback wall system, reinforced
University, Pomona, 2017 concrete channels and local streets improvements. Mr. Fraire has
worked as a Roadway Inspector, Structure Inspector, and Project
ORGANIZATIONS Manager on design -bid -build and design -build projects. Mr. Fraire's
v Engineers Without Borders strengths include street improvement inspection, structural
(EWB) — Intemational Project inspection, storm drain inspection, tenant improvements, generating
Lead bridge grades from 50-scale/4-scale plan, reviewing concrete mix
LICENSES & REGISTRATION designs, and reviewing shop drawings, including quality control plan
n Caltrans Ped. Facilities Training and submittals for various structure elements. His experience
includes the design and construction support of capital improvement
OSHA 30 -HOUR Construction projects including community parks and drainage and roadway
Hazard Training — OEC -7052353 ---improvements. Mr. Fraire- has worked on numerous -tenant
improvement projects including high end commercial, fuel station,
and shooting range facilities. Mr. Fraire has also monitored mechanical electrical and plumping operations
including natural gas pipeline installation and testing and various HVAC installation, testing, and
maintenance.
Mr. Fraire is a highly motivated engineer with great enthusiasm and eagerness to learn new methods and
construction techniques- He is a -critical thinker with gnat attention to detail for finished products. He is
experienced in setting up and maintaining project files, processings progress payments, and maintaining
various logs, including submittals, RFI's, and correspondence. He is also proficient with various construction
---computer-software. Mr. Frame has worked in field inspection, safety inspection, and reporting of daily
_construction activities, including structure excavation, CIDH piles, storm drain, sidewalk, curb and gutter,
bridge footing and columns, and utility relocations. He prepares and verifies field measurements for
payment, monitors -and verifies extra work invoices, and coordinates field-testing and sampling.
Reievent Project Experience
Z & K Consultants, Inc. — San Bernardino, CA
s Senior Project Manager
Mr. Fraire's current work assignment is as the Lead Project Manager for the City of San Bernardino Facilities Condition
and Needs Assessment Services. Below is his scope of work:
- Review all available structural drawings on all City structures
- Perform site visits to verify that the existing condiltions are consistent with the drawings
- Perform an ASCE 41-13 Tier 1 structural Lural seismic evaluation for the life safety performance level to identify
potential deficiencies
- Utilize standardized cheddists for the rapids evaluation of the structural system for seismic deficiencies
- Perform a more detailed ASCE 41-13 Tier 2 structural evaluation for items found to be potentially deficient in
the Tier I evaluation
- Further investigate the deficiencies as noted in the Tier 1 cheddiists
- Develop a 3-13 computer model of the structure to develop and evaluate the seismic response of the building
and assist in evaluating the components identified as potentially deficient in Tier 1 evaluation
- Prepare a draft report of all finder and make presentation to city staff and city council.
03CONSULTANTS PATRICK FRAIRE
ekJPLV$ -' SOLUTIONS
Relevent Project Experience, Continued
Z & K Consultants, Inc. — Beaumont, CA
N Construction Inspector
- Structural inspection of bridge including piles, abutment, deck, and sidewalk
- Civil Inspection Including grading operations, storm drainage, and street improvement
- Negotiated with contractor for all monthly pay estimates
- Completed daily reports and logs
CASCO Contractors - Irvine, CA
2 Project Engineer/Construction inspector
- Quality Control Engineer for commerdal tenant Improvement projects
- Managed project cast report for 10-15 projects ata time.
- Initiated RFIs/Submittals/Shop drawings/CCOs.
- Managed schedule to meet needs of clients (i.e. night and weekend work to allow business operations)
AECOM Shimmick Construction — Long Beach, CA
Structures Engineer
-
Gerald Desmond Bridge Replacement Project (Design Build delivery method)
Quality Control Engineer for Cast in-pla a bridges.
Direct liaison between field crews, subcontractors. engineers and management.
Draft grading plans and formwork drawings.
Coordinate with Caltrans inspectors to obtain approval on rebar/formwork/concrete.
Perform quantity take -offs prior to concrete pours and adjusted order during pours based on actual production.
Initiate design changes/RFis/SubmidaWShop drawings/CCOs.
Track weekly production and man hours for labor distribution report.
ND Construction
Estimator
- Searched Bid Boards for projects within company's scope of services.
Performed quantity take -offs.
Requested quotes and spread bid packages.
Attended pre-bid meetingsJjob site walks.
Developed Subisupplier list.
Dossier Capital LLC
a Construction Engineer
- Assisted in daily construction of approximately 10 single-family rehab projects.
- Evaluated MEP proposals for a muwfamily small lot subdivision project.
- Hosted Job site visits for subcontractors.
- Obtained over the counter approvals from city building departments.
Shimmick Construction
s Project Engineer
- Requested quotes and wrote purchase orders for material.
- Wrote and negotiated subcontract for pavement demolition work.
- Tracked weekly production and man hours for labor din report.
-• Presented weekly production rates to Project Manager. Engineer, Superintendent, and Foreman.
- Assisted Electrical field crews with daily field operations-
M3CONSULTANTS PATRICK FRAIRE
. '_ LOING SMUMNS
Aragon Geotechnical Inc.
v Staff Engineer
Operated pavement core drill to obtain pavement cores for mix design.
- Performed dynamic cone penetration tests on pavement subgrades.
- Performed compaction tests using nuclear gage.
- Intelligent compaction quality assurance engineer for several Caltrans highway projects.
- Performed sail infiltration tests.
M3 C 0 ALiAMTS PATRICK FRAIRE
RVILV:NG SOLUTIONS
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND INFRASTRUCTURE ENGINEERS
This Agreement is made and entered into as of December 19, 2018 by and between the
City of San Bernardino, a charter city and municipal corporation organized and operating under
the laws of the State of California with its principal place of business at Vanir Tower, 290 North
D Street, San Bernardino, CA 92401 (`'`City"), and Infrastructure Engineers, a Sole
Proprietorship with its principal place of business at 3060 Saturn Street, Suite 250, Brea,
California 92821 (hereivafter referred to as "Consultant'). City and Consultant are hereinafter
sometimes referred to individually as "Party" and collectively as the "Parties."
RECITALS
A. City is a public agency of the State of California and is in need of professional
services for the following project:
Construction Inspector Services (hereinafter referred to as "the Project").
B. Consultant is duly licensed and has the necessary qualifications to provide such
services.
C. The Parties desire by this Agreement to establish the terms for City to retain
Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Inco[poration of Recitals. The recitals above are true and correct and are hereby
incorporated herein by this reference.
2. Services. Consultant shall provide the City with the services described in the
Scope of Services attached hereto as Exhibit "A."
3. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel identified in their proposal.
Consultant warrants that Consultant 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 Consultant's
performance of this Agreement. Consultant further represents that no City employee will
provide any services under this Agreement.
4. Comyensation.
a. Subject to paragraph 4(b) below, the City shall pay for such services in
accordance with the Schedule of Charges set forth in Exhibit "A."
b. In no event shall the total amount paid for services rendered by Consultant
under this Agreement exceed the sum of 100,000. This amount is to cover all related costs, and
the City will not pay any additional fees for printing expenses. Consultant may submit invoices
to City for approval. Said invoice shall be based on the total of all Consultant's services which
have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-
five (45) days from the date City receives said invoice. The 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.
5. Additional Work If changes in the work seem merited by Consultant or the City,
and informal consultations with the other party indicate that a change is warranted, it shall be
processed in the following manner: a letter outlining the changes shall be forwarded to the City
by Consultant with a statement of estimated changes in fee or time schedule. An amendment to
this Agreement shall be prepared by the City and executed by both Parties before performance of
such services, or the City will not be required to pay for the changes in the scope of work. Such
amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
6. Term. This Agreement shall commence on the Effective Date and continue
through the completion of services by August 30, 2019, unless the Agreement is previously
terminated as provided for herein ("Term").
7. Maintenance of Records; Audits.
a. Records of Consultant's services relating to this Agreement shall be
maintained in accordance with generally recognized accounting principles and shall be made
available to City for inspection and/or audit at mutually convenient times for a period of four (4)
years from the Effective Date.
b. Books, documents, papers, accounting records, and other evidence
pertaining to costs incurred shall be maintained by Consultant and made available at all
reasonable times during the contract period and for four (4) years from the date of final payment
under the contract for inspection by City.
8. Time of Performance. Consultant shall perform its services in a prompt and
timely manner and shall commence performance upon receipt of written notice from the City to
proceed. Consultant shall complete the services required hereunder within Term.
9. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this
Agreement for delays in performance caused by circumstances beyond the reasonable control of
the non-performing Party. For purposes of this Agreement, such circumstances include but are
not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; war; riots and
other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances;
sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing Party shall, within a
reasonable time of being prevented from performing, give written notice to the other Party
describing the circumstances preventing continued performance and the efforts being made to
2
resume performance of this Agreement.
10. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and
regulations of the federal, state and local government, including Cal/OSHA requirements.
b. If required, Consultant shall assist the City, as requested, in obtaining and
maintaining all permits required of Consultant by federal, state and local regulatory agencies.
C. If applicable, Consultant is responsible for all costs of clean up and/ or
removal of hazardous and toxic substances spilled as a result of his or her services or operations
performed under this Agreement.
11. Standard of Care. Consultant's services will be performed in accordance with
generally accepted professional practices and principles and in a manner consistent with the level
of care and skill ordinarily exercised by members of the profession currently practicing under
similar conditions.
12. Conflicts. of Interest. During the term of this Agreement, Consultant shall at all
times maintain a duty of loyalty and a fiduciary duty to the City and shall not accept payment
from or employment with any person or entity which will constitute a conflict of interest with the
City.
13. City Business Certificate. Consultant shall, prior to execution of this Agreement,
obtain and maintain during the term of this Agreement a valid business registration certificate
from the City pursuant to Title 5 of the City's Municipal Code and any and all other licenses,
permits, qualifications, insurance, and approvals of whatever nature that are legally required of
Consultant to practice his/her profession, skill, or business.
14. Assignment and Sub -consultant. Consultant shall not assign, sublet, or transfer
this Agreement or any rights under or interest in this Agreement without the written consent of
the City, which may be withheld for any reason. Any attempt to so assign or so transfer without
such consent shall be void and without legal effect and shall constitute grounds for termination.
Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in
this Agreement. Nothing contained herein shall prevent Consultant from employing independent
associates and sub -consultants as Consultant may deem appropriate to assist in the performance
of services hereunder.
15. Independent Consultant.. Consultant is retained as an independent contractor and
is not an employee of City. No employee or agent of Consultant shall become an employee of
City. The work to be performed shall be in accordance with the work described in this
Agreement, subject to such directions and amendments from City as herein provided.
16. Insurance._ Consultant shall not commence work for the City until it has provided
evidence satisfactory to the City it has secured all insurance required under this section. In
addition, Consultant shall not allow any subcontractor to commence work on any subcontract
until it has secured all insurance required under this section -
3
a. Additional Insured
The City of San Bernardino, its officials, officers, employees, agents, and
volunteers shall be named as additional insureds on Consultant's and its sub -consultants' policies
of commercial general liability and automobile liability insurance using the endorsements and
forms specified herein or exact equivalents.
b. Commercial General Liability
(i) The Consultant shall take out and maintain, during the
performance of all work under this Agreement, in amounts not less than specified herein,
Commercial General Liability Insurance, in a form and with insurance companies acceptable to
the City.
(ii) Coverage for Commercial General Liability insurance shall be at
least as broad as the following:
Insurance Services Office Commercial General Liability coverage
(Occurrence Form CG 00 01) or exact equivalent.
for the following:
(iii) Commercial General Liability Insurance must include coverage
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/completed Operations Liability
(5) Aggregate .Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion
deleted
(7) Contractual Liability with respect to this Contract
(8) Broad Form Property Damage
(9) Independent Consultants Coverage
(iv) The policy shall contain no endorsements or provisions limiting
coverage for (1) contractual liability, (2) cross liability exclusion for claims or suits by one
insured against another; (3) products/completed operations liability; or (4) contain any other
exclusion contrary to the Agreement.
(v) The policy shall give City, its elected and appointed officials,
officers, employees, agents, and City -designated volunteers additional insured status using ISO
endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same
coverage.
(vi) The general liability program may utilize either deductibles or
provide coverage excess of a self-insured retention, subject to written approval by the City, and
provided that such deductibles shall not apply to the City as an additional insured.
C. Automobile Liabili .
4
(i) At all times during the performance of the work under this
Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and
property damage including coverage for owned, non -owned and hired vehicles, in a form and
with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as
broad as Insurance Services Office Form Number CA 00 01 covering automobile liability
(Coverage Symbol 1, any auto).
(iii) The policy shall give City, its elected and appointed officials,
officers, employees, agents and City designated volunteers additional insured status.
(iv) Subject to written approval by the City, the automobile liability
program may utilize deductibles, provided that such deductibles shall not apply to the City as an
additional insured, but not a self-insured retention.
d. Workers' Compensation/Employer's Liability
(i) Consultant certifies that he/she is aware of the provisions of
Section 3700 of the California Labor Code which requires every employer to be insured against
liability for workers' compensation or to undertake self-insurance in accordance with the
provisions of that code, and he/she will comply with such provisions before commencing work
under this Agreement.
(ii) To the extent Consultant has employees at any time during the
term of this Agreement, at all times during the performance of the work under this Agreement,
the Consultant shall maintain full compensation insurance for all persons employed directly by
him/her to carry out the work contemplated under this Agreement, all in accordance with the
"Workers' Compensation and Insurance Act," Division IV of the Labor Code of the State of
California and any acts amendatory thereof, and Employer's Liability Coverage in amounts
indicated herein. Consultant shall require all sub -consultants to obtain and maintain, for the
period required by this Agreement, workers' compensation coverage of the same type and limits
as specified in this section
e. Professional Liability (Errors and Omissionsf
At all times during the performance of the work under this Agreement the Consultant
shall maintain professional liability or Errors and Omissions insurance appropriate to its
profession, in a form and with insurance companies acceptable to the City and in an amount
indicated herein. This insurance shall he endorsed to include contractual liability applicable to
this Agreement and shall be written on a policy form coverage specifically designed to protect
against acts, errors or omissions of the Consultant. "Covered Professional Services" as
designated in the policy must specifically include work performed under this Agreement. The
policy must "pay on behalf of the insured and must include a provision establishing the insurer's
duty to defend.
f Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
R
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate
for bodily iiijury, personal injury, and property
damage
Automobile Liability $1,000,000 per occurrence for bodily injury and
property damage
Employer's Liability $1,000,000 per occurrence
Professional Liability $1,000,000 per claim and aggregate (errors and
omissions)
(ii) Defense costs shall be payable in addition to the limits.
(iii) Requirements of specific coverage or limits contained in this
section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of
any coverage normally provided by any insurance. Any available coverage shall be provided to
the parties required to be named as Additional Insured pursuant to this Agreement.
g. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City
evidence of insurance from an insurer or insurers certifying to the coverage of all insurance
required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer's
equivalent) signed by the insurer's representative and Certificate of Insurance (Acord Form 25-
S or equivalent), together with required endorsements. All evidence of insurance shall be
signed by a properly authorized officer, agent, or qualified representative of the insurer and
shall certify the names of the insured, any additional insureds, where appropriate, the type and
amount of the insurance, the location and operations to which the insurance applies, and the
expiration date of such insurance.
h. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior
written notice of cancellation of any policy required by this Agreement, except that the
Consultant shall provide at least ten (10) days prior written notice of cancellation of any such
policy due to non-payment of the premium. If any of the required coverage is cancelled or
expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s)
including the General Liability Additional Insured Endorsement to the City at least ten (10)
days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy
shall each contain a provision stating that Consultant's policy is primary insurance and that any
insurance, self-insurance or other coverage maintained by the City or any named insureds shall
not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the
effective date of this Agreement. Consultant shall maintain such coverage continuously for a
period of at least three years after the completion of the work under this Agreement. Consultant
shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced
past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if
the policy is replaced by another claims -made policy with a retroactive date subsequent to the
effective date of this Agreement.
(iv) All required insurance coverages, except for the professional
liability coverage, shall contain or be endorsed to provide waiver of subrogation in favor of the
City, its officials, officers, employees, agents, and volunteers or shall specifically allow
Consultant or others providing insurance evidence in compliance with these specifications to
waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery
against City, and shall require similar written express waivers and insurance clauses from each
of its sub -consultants.
(v) The limits set forth herein shall apply separately to each insured
against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability
in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the
City and shall not preclude the City from taking such other actions available to the City under
other provisions of the Agreement or law.
(i) All policies required shall be issued by acceptable insurance
companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies
with a current A.M. Best's rating of no less than ANII and admitted to transact in the
business of insurance in the State of California, or otherwise allowed to place insurance
through surplus line brokers under applicable provisions of the California Insurance Code
or any federal law.
j. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance
coverage to be maintained by Consultant, and any approval of said insurance by the City, is not
intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise
assumed by the Consultant pursuant to this Agreement, including, but not limited to, the
provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of
insurance required under this Agreement does not comply with these specifications or is
canceled and not replaced, City has the right but not the duty to obtain the insurance it deems
necessary and any premium paid by City will be promptly reimbursed by Consultant or City
will withhold amounts sufficient to pay premium from Consultant payments. In the alternative,
City may cancel this Agreement.
7
(iii) The City may require the Consultant to provide complete copies of
all insurance policies in effect for the duration of the Project.
(iv) Neither the City nor the City Council, nor any member of the City
Council, nor any of the officials, officers, employees, agents or volunteers shall be personally
responsible for any liability arising under or by virtue of this Agreement.
k. Sub -consultant_ Insurance Requirements. Consultant shall not allow any
subcontractors or sub -consultants to commence work on any subcontract until they have
provided evidence satisfactory to the City that they have secured all insurance required under
this section. Policies of commercial general liability insurance provided by such subcontractors
or sub -consultants shall be endorsed to name the City as an additional insured using ISO form
CG 24 38 04 13 or an endorsement providing the exact same coverage. If requested by
Consultant, City may approve different scopes or minimum limits of insurance for particular
subcontractors or sub -consultants.
17. Indemnification
a. To the fullest extent permitted by law, Consultant shall defend (with
counsel reasonably approved by the City), indemnify and hold the City, its elected and appointed
officials, officers, employees, agents, and authorized volunteers free and harmless from any and
all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability,
judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to
property or persons, including wrongful death, (collectively, "Claims') in any manner arising out
of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of
Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection
with the performance of the Consultant's services, the Project, or this Agreement, including
without limitation the payment of all consequential damages, expert witness fees and attorneys'
fees and other related costs and expenses. Notwithstanding the foregoing, to the extent
Consultant's services are subject to Civil Code Section 2782.8, the above indemnity shall be
limited, to the extent required by Civil Code Section 2782.8, to Claims that arise out of, pertain
to, or relate to the negligence, recklessness, or willful misconduct of the Consultant.
Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any,
received by the City, the City Council, members of the City Council, its employees, or
authorized volunteers.
b. Additional Indemnity Obli ations. Consultant shall defend, with counsel
of City's choosing and at Consultant's own cost, expense and risk, any and all Claims covered by
this section that may be brought or instituted against the City, its elected and appointed officials,
employees, agents, or authorized volunteers. Consultant shall pay and satisfy any judgment,
award or decree that may be rendered against the City, its elected and appointed officials,
employees, agents, or authorized volunteers as part of any such claim, suit, action or other
proceeding. Consultant shall also reimburse City for the cost of any settlement paid by the City,
its elected and appointed officials, employees, agents, or authorized volunteers as part of any
such claim, suit, action or other proceeding. Such reimbursement shall include payment for the
City's attorney's fees and costs, including expert witness fees. Consultant shall reimburse the
City, its elected and appointed officials, employees, agents, or authorized volunteers, for any and
all legal expenses and costs incurred by each of them in connection therewith or in enforcing the
indemnity herein provided. Consultant's obligation to indemnify shall not be restricted to
8
insurance proceeds, if any, received by the City, its elected and appointed officials, employees,
agents, or authorized volunteers.
18. California Labor Code Requirements. Consultant is aware of the requirements of
California .Labor Code Sections 1720 et se4. and 1770 et sen., as well as California Code of
Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the
payment of prevailing wage rates and the performance of other requirements on certain "public
works" and "maintenance" projects. If the Services are being performed as part of an applicable
"public works" or "maintenance" project, as defined by the Prevailing Wage Laws, Consultant
agrees to fully comply with such Prevailing Wage Laws, if applicable. Consultant shall defend,
indemnify and hold the City, its elected officials, officers, employees and agents free and
harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or
alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the
Consultant and all sub -consultants to comply with all California Labor Code provisions, which
include but are not limited to prevailing wages, employment of apprentices, hours of labor and
debarment of contractors and subcontractors.
If the Services are being performed as part of an applicable "public works" or
"maintenance" project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant
and all sub -consultants performing such Services must be registered with the Department of
Industrial Relations. Consultant shall maintain registration for the duration of the Project and
require the same of any sub -consultants, as applicable. This Project may also be subject to
compliance monitoring and enforcement by the Department of Industrial Relations. It shall be
Consultant's sole responsibility to comply with all applicable registration and labor compliance
requirements.
19. Verification of Employment Eligibility. By executing this Agreement, Consultant
verifies that it fully complies with all requirements and restrictions of state and federal law
respecting the employment of undocumented aliens, including, but not limited to, the
Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall
require all sub -consultants and sub -sub -consultants to comply with the same.
20. Laws and Venue. This Agreement shall be interpreted in accordance with the
laws of the State of California. If any action is brought to interpret or enforce any term of this
Agreement, the action shall be brought in a state or federal court situated in the County of San
Bernardino, State of California.
21. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work
under this Agreement by giving ten (10) calendar days' written notice to Consultant. In such
event, City shall be immediately given title and possession to all original field notes, drawings
and specifications, written reports and other documents produced or developed for that portion of
the work completed and/or being abandoned. City shall pay Consultant the reasonable value of
services rendered for any portion of the work completed prior to termination. If said termination
occurs prior to completion of any task for the Project for which a payment request has not been
received, the charge for services performed during such task shall be the reasonable value of
such services, based on an amount mutually agreed to by City and Consultant of the portion of
such task completed but not paid prior to said termination. City shall not be liable for any costs
9
other than the charges or portions thereof which are specified herein. Consultant shall not be
entitled to payment for unperformed services, and shall not be entitled to damages or
compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under
this Agreement upon thirty (30) calendar days' written notice to City only in the event of
substantial failure by City to perform in accordance with the terms of this Agreement through no
fault of Consultant.
22. 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's Office in
enforcing this Agreement on behalf of the City shall be considered as "attorneys' fees" for the
purposes of this Agreement.
23. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, 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
Consultant's professional services occurs, Consultant shall, at no cost to City, provide all other
services necessary to rectify and correct the matter to the sole satisfaction of the City and to
participate in any meeting required with regard to the correction.
24. Prohibited Employrrient. Consultant shall not employ any current employee of
City to perform the work under this Agreement while this Agreement is in effect.
25. 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.
26. _Documents. Except as otherwise provided in "Termination or Abandonment,"
above, all original field notes, written reports, Drawings and Specifications and other documents,
produced or developed for the Project shall, upon payment in full for the services described in
this Agreement, be furnished to and become the property of the City.
27. Organization. Consultant shall assign Malcolm Weatherbie as Project Manager.
The Project Manager shall not be removed from the Project or reassigned without the prior
written consent of the City.
28. Limitation of Agreement. This Agreement is limited to and includes only the
work included in the Project described above.
29. Notice. Any notice or instrument required to be given or delivered by this
Agreement may be given or delivered by depositing the same in any United States Post Office,
certified mail, return receipt requested, postage prepaid, addressed to the following addresses and
shall be effective upon receipt thereof:
10
CITY:
CONSULTANT:
City of San Bernardino Infrastructure Engineer
Vanir Tower, 290 North D Street 3060 Saturn Street, Suite 250
San Bernardino, CA 92401 Brea, California 92821
Attn: Alex Qishta, P.E.
Deputy Public Works Director/City Engineer
With Copy To:
City of San Bernardino
Vanir Tower, 290 North D Street
San Bernardino, CA 92401
Attn: City Attorney
30. 'Third Party Rights. Nothing in this Agreement shall be construed to give any
rights or benefits to anyone other than the City and the Consultant.
31. Equal Opportunity Emploice. Consultant represents that it is an equal
opportunity employer and that it shall not discriminate against any employee or applicant for
employment because of race, religion, color, national origin, -ancestry, sex, age or other interests
protected by the State or Federal Constitutions.. Such non-discrimination shall include, but not
be limited to, all activities related to initial employment, upgrading, demotion, transfer,
recruitment or recruitment advertising, layoff or termination.
32. Entire Aueement. This Agreement, including Exhibit "A," represents the entire
understanding of City and Consultant as to those matters contained herein, and supersedes and
cancels any prior or contemporaneous oral or written understanding, promises or representations
with respect to those matters covered hereunder. Each Party acknowledges that no
representations, inducements, promises, or agreements have been made by any person which are
not incorporated herein, and that any other agreements shall be void. This is an integrated
Agreement.
33. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be invalid, illegal, or unenforceable for any reason, 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, and the remaining provisions of this
Agreement shall remain in full force and effect.
34. Successors and Assigns. This Agreement shall be binding upon and shall inure to
the benefit of the successors in interest, executors, administrators and assigns of each Party to
this Agreement. However, Consultant shall not assign or transfer by operation of law or
otherwise any or all of its rights, burdens, duties or obligations without the prior written consent
of City. Any attempted assignment without such consent shall be invalid and void.
35. Nan -Waiver. The delay or failure of either Party at any time to require
performance or compliance by the other Party of any of its obligations or agreements shall in no
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
11
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.
36. Time of Essence. Time is of the essence for each and every provision of this
Agreement.
37. Headings. 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.
38. Amendments. Only a writing executed by all of the Parties hereto or their
respective successors and assigns may amend this Agreement.
39. City's Right to Employ Other Consultants. City reserves its right to employ other
consultants, including engineers, in connection with this Project or other projects.
44. Prohibited Interests. Consultant maintains and warrants that it has neither
employed nor retained any company or person, other than a bona fide employee working solely
for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not
paid nor has it agreed to pay any company or person, other than a bona fide employee working
solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration
contingent upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, City shall have the right to rescind this Agreement without liability.
For the term of this Agreement, no official, officer or employee of City, during the term of his or
her service with City, shall have any direct interest in this Agreement, or obtain any present or
anticipated material benefit arising therefrom.
41. Counte�p . 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 single Agreement.
42. 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.
[SIGNATURES ON FOLLOWING PAGE]
12
SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF SAN BERNARDINO
AND INFRASTRUCTURE ENGINEERS
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first
written above.
CITY OF SAN BERNARDINO
n'
Appro e By:
J�T.J,�
Andrea M. Miller
City Manager
Approved as to Form:
****Approved Form****
Gary D. Saenz
City Attorney
Attested By'
-Ge6rgeann anna, CW�
City Clerk
13
CONSULTANT
Signature
Name
Title
EDIT A
14
*40A YMI
INFRASTRUCTURE 30" Saturn >>bw*. Sime 250
ENGI EERS Tds'l'`" 14
» (7!4) 940-0100
Fa),-- 014) S'40.0700
wwwJ
November 14, 2018
Saba Engineer P.E.
City of San Bernardino
290 North R Street
San Bernardino, Ca 92401
Subject: Public Work Inspector(s) for Various Construction Activities
Dear Ms. Engineer,
Infrastructure Engineers is {leased to offer the resumes of three senior inspectors for your consideration to oversee
the various C.I.P. construction activities. As you know, we have long been a provider of municipal services to cities
throughout the Southland and Infrastructure Engineers welcomes the opportunity to provide seasoned inspectors who
have overseen a broad range of public works projects. The Inspector of your choice will be an advocate and 'watchdog
for the City of Sam Bernardino.
We understand the inspector will be responsible for documentation and attendance at the pre -construction and bi-
weekly status meetings as the City's representative. Our inspector will report to the City's Project Manager.
Per your request, we will provide our inspector(s) for the duration of C.I.P. project Our proposed rate will be at the
rate of $95 per hour.
We anticipate the inspectors typical project duties will Nude the following scopes of work:
■ Baily inspection for any traffic control for conformance with approved traffic control plans.
= Inspect daily Implementation and maintenance of the Storm Water Pollution Prevention Plan (SWPPP) and direct
the contractor to take corrective actions, as required.
■ Verify layout of any pipelines and appurtenances in accordance with approved plans.
* Observe trench excavations, verify proper trench depths and widths, and confirm trench bottoms are firm and
unyielding.
* Confirm pipe bedding material meets specifications and is placed per pians and specifications.
E Confirm that pipes, fittings, valves, etc. meet specifications prior to allowing placement.
■ Inspect every pipe fitting and appurtenance prior to allowing contractor to backfill pipe zones.
■ Verify that backfill material meets specifications and verify backfill compaction meets specifications.
■ Verify that pavement material meets specifications and verify permanent pavement compaction and smoothness
meets specifications.
0; Provide daily inspection reports to the City's lead inspector at the end of each workday.
■ Provide a daily photo log.
In Maintain awareness of overall project safety for both the contractor and the public.
Sincerely,
Infrastructure Engineers
j.
1
Steve Forster
Senior Vice President
ENGINEERS
Educalicm Malcolm WeatherWe
Associated Buuidws & Construction !nspector
contractors Inc. So Cal,
2012 Malcolm Weatherbke Is a Journeyman electrician and construction
Yeas or Expeaerice. 7 Inspector with seven years of experience. His experience in the
construction industry has translated into vigilant oversight of the
construction of public works projects.
Relevant Experience
C xmftction inspector, Pavement Repairs and Sidn Patch of Various Sheets CDBG tone, City of
Montebello. Responsibilities Included preparation of daily reports, review of change orders and
progress payment requests and coordinating soils testing service. The scope of this project
included design, geotechnical Investigation, survey, project management, bidding, award of
contract, construction management and inspection as and labor compliance.
Construction Inspector, Long Beach Boulevard Sheet improvements Phase 1, Tweedy Boulevard
to Wpedal Highway - City of Lynwood. Malcolm Is one of the construction Inspectors for this
project. He Is providing compliance with compliance with plans, specifications and the
contract, overseeing traffic control, and providing daily log and inspection report entries,
Including pictures of the project. He also reviews and reports contractor claims, prepares
weekly update reports, and reviews contractor's invoices, verities completed work, and
approves all quantities.
Infrastructure Engineers Is providing construction management, Inspection, and labor
compliance for this project that involves roadway resurfacing of 192779 square feet with a
section of 24nch AC top course and 14nch AC leveling course and 40,000 square feet with a
section of 2 -inch of asphalt rubber hot mix (ARHM) over lh-inch SAMI sealant and 1 -inch leveling
course. Concrete Improvements include 44nch sidewalk, driveway approaches, cross gutters,
curb and gutter, curb ramps Installation of 16 detectable warning surfaces on existing curb
ramps, and construction of six new bus pads. Other improvements include:
o Twenty tree removals
® Replacement of five fire hydrantsand Installation of three water service connections
o Installation of four Fiiterra units
Construction of landscaping improvements on median islands with Irrigation systems and one
city monument sign
. Relocation of an existing street lights, traffic signal improvements at two intersections,
Installation of 22 signal loop detectors and associated traffic striping, markings and curb
painting
Cond ruction Inspector, Downtown Pubic Parking Imp[over>r>ent Project, City of El Monte
Provided construction Inspection and coordination with site development team, utility
companies, surrounding businesses and ensured that safety was adhered to at all times during
construction. Services Included project oversight as well as labor compliance for the Downtown
Public Parking Improvement Project. Responsible for ensuring that the Continuity of Work
Agreement, between the Los Angeles and Orange Counties Building and Construction Trades
Council and the Signatory Craft Councils and unions were adhered to by the contractor.
Conn Inspector, Building and Faclit m Capital Improvement Plan City Hall Council
Chambers Lighting Upgrades, City of Bel Gardens. Infrastructure Engineers provided plans and
specifications for upgrading the City Hall Council Chambers fighting system. The scope also
4��aAart�ucruwe
0ENGINEERS Malcolm Weatherbie
Construction Inspector
Included project management, construction management inspection and administration of
the project. Responsibilities Included preparation of daily reports, review of change orders and
progress payment requests and compliance with specifications and the contract.
Ailey Improvement Project (FY 2015-2016) - Construction Phase. Responsibilities included
preparation of daily reports, review of change orders and progress payment requests, and
coordinating soils testing service. Infrastructure Engineers prepared plans, specifications and
estimates and construction management and Inspection for ten separate alleys located across
the City of Beta Gardens.
1020.59 Smart Purl ft Upgrades to Transit Center
1360.242 BkW Rd. Improvement (Sycamore St. -Date St.)
1360.267 10th Street improvements
1360.272 Bicknell Park Pump Station project
1360.274 Pavement Repairs and Skin Patch of Various Streets CDBG Zone
6027.187 Citywidle Safety Enhancement - ATP FY 2014-15 & 2015-16
6027.211 Building & Facilities CIP - Various Roof Replacements
6027219 Building & Facilities CIP - GYM/Basketball Court Hardwood Floor Replacement
6027.222 Various Building Roof Replacement (Construction Phase)
6300.03 Pavement Resurfacing Program - CM Services FY 2016-2017
6300.05 Downtown Public Parking Improvement Project (CIP 818)
6045.10 Long Beach Blvd - CM, Infection, & Engr Support Phrase 1
6045.13 Long Beach Blvd - CM, Inspection, & Engr Support Phase 11