Loading...
HomeMy WebLinkAboutS2-Public Works CITY OF SAN BERNARDINi. REQU~~"-r' Fo"R5~~UNCIL ACTION From: ROGER G. HARDGRAVE ,.-.:- ,.' <, , '-'''''' " etC. .-....1 :-... ~:H '"'f;', Authorization to Execute Agree- ,,~ . SuEiJect: ment for Professional Services- '. .. f .'_ 3 Assessment of Landslide Poten- I .- - tial - San Manuel Burn Area -- GARY S. RASMUSSEN & ASSOCIATES, INC. Dept: Public Works/Engineering~-' Date: 1-24-90 Synopsis of Previous Council action: None. Recommended motion: Adopt resolution. cc: Marshall Julian Jim Richardson Jim Penman Andy Green ~ l/L/'1 Contact person: Gene R. IUatt Staff Report, Resolution Phone: 5125 Supporting data attached: Ward: 4 FUNDING REQUIREMENTS: Amount: $4.200 Source: (Acct, No.) 246-366-53150 (Acct. Description) Professional Contractual Services Finance: \ ~-.c\...J ()~J----_, Council Notes: c-> -J ! CITY OF SAN BERN~RDINO - REQUEST f"R COUNCIL ACTION STAFF REPORT The U.S. Forest Service routinely prepares a Burn Area Report for every major fire. During the assessment of the report for the San Manuel Fire, the Resource Geologist for the U. S. Forest Service became concerned about potential stability problems for fire areas. This concern prompted the Geologist to advise the City of the potential landslide areas with the possibility of rather large debris generation. Major earth movement could result in mudflows in three different water courses. Residential developments have been constructed downstream of these canyons. In view of the remote possibility of damage to these homes, it is felt that an independent study by a Consulting Geologist would be in order. Requests for proposals were sent to three local geology firms. Proposals were received from two of these firms. A panel was convened to review these proposals with the consult- ants. After a careful review of the firms' proposals, experience and qualifications, the panel selected the firm of Gary Rasmussen & Associates as being qualified at this time to provide the requested services. The Agreement provides, in general, that the consultant will perform an initial phase consisting of a geologic field reconnaissance to identify and accurately map previous landslides, and a preliminary evaluation of the age and activity of the mapped landslides, as well as the potential for future landslides. The estimated fee for the initial phase is $4,200. If the preliminary evaluation shows there is a signifi- cant potential for landslide activity in any of these five areas, a more detailed investigation may be warranted. No esti- mate of the additional investigation is available. Funds to finance the estimated cost of $4,200 for the initial phase will be derived from the Indian Bingo Fund, since the bingo parlor is at the mouth of the Little Sand Creek Canyon, and could be endangered by a large landslide in this water course. We recommend that the Agreement be approved. URGENCY CLAUSE Because we have entered into the rainy season when the potential for landslides is greatest, it is essential that the study be completed as soon as possible to allow the City to take whatever action may be necessary to prevent potential damage. 1--24-90 75-0264 1 RESOLUTION NO. 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH GARY S. 3 RASMUSSEN & ASSOCIATES INC. RELATING TO INITIAL PHASE OF LANDSLIDE POTENTIAL ASSESSMENT FOR THE SAN i"'.ANUEL FIRE BURN 4 AREAS. 5 BE IT RESOLVED BY THE MAYOR AND COr:1MON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized cmd directed to execute, on behalf of said 8 9 10 11 12 13 14 15 16 17 18 19 City, an Agreement with Gary S. Rasmussen & Associates, Inc., ~elating to the enginee~ing asseSSMent for Initial Phase of Landslide Potential Assessment for the San Manuel Fire Burn Area, a copy of which agreement is attached hereto, marked Exhibit "A", and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreeMent shall not take effect until fully signed and e::ecuted by both parties. The City shall not be obligated hereunder unless and until the agreeMent is fully executed and no oral agreement relating thereto shall be iMplied or authorized. SECTION 3. This resolution is rescinded if the parties RESO: EXECUTING AG1-\.r:,s,'lE:E V>J...Lh vdtC ~. INC. RELATING TO INITIAL PHASF' ASSE lENT FOR SAN MANUEL FIRE t r\.i-\.01\rll) 0,:) Gi~ C< .:-\0 ,::>U\..- ...i...1:""\.J.. j:.. ~ , OF LANDSLIDE POTENTIAL ,N AREAS. 1 I HEREBY CERTIFY that the foregoing resolution was duly 2 adopted by the Mavor and Common Council of the Ci tv of San 3 Bernardino at a meeting thereof, h~ld on the 4 _day of , 1990, bv the folloving vote, to-wit: 5 AYES: Council Members 6 7 8 9 10 11 12 day of 13 14 NAYS: ABSENT: City Clerk The foregoing resolution is hereby approved this , 1990. W. R. Holcomb, Mayor City of San Bernardino 15 Approved as to form 16 and legal content: 17 James F. Penman City Attorney 18 19 By ~i'~!..;",,,,,.';" ?<y~.--- 20 / / / 21'/' 22 23 24 25 26 27 1 / 2 4 / 90 28 - 2 - -- ...... - EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is , 1990, municipal made and entered into by and between the CITY corporation, hereinafter this OF SAN referred day of BERNARDINO, to as the California, a "CITY", and California corporation, , a hereinafter referred to as "ENGINEER". WIT N E SSE T H WHEREAS, City desires to obtain professional services to prepare: INITIAL PHASE OF LANDSLIDE POTENTIAL ASSESSMENT FOR THE SAN MANUEL FIRE BURN AREA WHEREAS, City has need for professional services to develop gn assessment of landslide potential at locations as set forth herein, and 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", a copy of which is attached hereto as Exhibit "1" 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 date(s) specifically set forth in Exhibit "2" 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 sixty (60) days following date of execution unless extended by written agreement of the parties. 1/ 30/90 3. STANDARD OF PERFORMANCE Engineer shall complete all work product and desi~n in with City's standard Specifications and Standard Draw1ngs, design practices,i and standards for the industry. conformance recognized 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Services", 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 JULY 1989 , 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 $ 4 . 200 . 00 Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit "3", 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 permitted when the writing, that there of the Engineer has been, total cost establishes or is to be, of services will only and City has agreed, a significant change in: be in I. Scope, complexity, or character of the services to be performed; 2. Conditions under performed; and which the work is required to be 3. Duration of work if the specified in the Agreement warrants such adjustment. change from the for Completion time period of the work 1/30/90 C. The Engineer is required to comply state and local laws and ordinances applicable Engineer is required to comply with prevailing wage with California Labor Code section 1775. with all Federal, to the work. The rates in accordance 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 (3) 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. The parties hereto agree not to be bound by any requirements 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 prov1s10n 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. 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. 1/""JA/n" 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 "4". B. This Agreement may be terminated for the convenience of City upon thirty (30) days written notice to Engineer. Upon notice, Engineer shall provide work product to City and City compensate Engineer in the manner set forth above. the such shall C. Following pursuant to this obligations arising the effective date of termination of this Agreement section, the Agreement shall continue until all from such termination are satisfied. 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 performance 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. 1/30,90 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 $10,000.00 shall contain all provisions of this contract. 13. NOTICES All writing City: official notices relative to this Agreement shall be in and addressed to the following representatives of Engineer and ENGINEER CITY Gary S. Rasmussen & Assoc., Inc. 1811 Comercenter West San Bernardino, CA 92408 Mr. Roger Hardgrave Director of Public Works/City Engineer 300 North "0" 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 Agreement shall be paid as agreed by the parties hereto at the time such costs arise; but ~n 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. 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 bonafide 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 1130/90 sole discretion, to ~_duct from or otherwise recover, the full brokerage or contingent fee. the Agreement ~rice or consideration, amount of such commission, percentage, 16. HOLD HARMLESS CLAUSE 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 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 fee 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 authorized representatives, of programs or processes supplied to city by Engineer under this Agreement. 17. 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 attorneys' 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. 18. LIABILITY/INSURANCE A. Engineer's liability to the City for injury or damage to persons or property arising out of work performed by the City and for which legal liability may be found to rest upon Engineer other than for professional errors and omissions, will be limited to $1,000,000.00. For any damage on account of professional negligence Engineer's liability, will be limited to a sum not to exceed $50,000.00 or Engineer's fee, whichever is greater. B. The city will require the Engineer to provide Workers Compensation and Comprehensive General Liability Insurance, including contractual liability, with coverage sufficient 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. 1/30/90 C. Engineer shall provide evidence of insurance in the form of a policy if insurance, in which the City is named as an additional named insured to the extent of the coverage required by this Agreement. 19. 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 full force and effect, and to this end the provisions of this Agreement are declared to be severable. 20. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between the parties hereto and supercedes all prior and contempor- aneous 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. 1/30/90 IN WITNESS WHERF ~, the parties hereto have to be executed on t__-= date written above by officers on their behalf. aused this Agreement their duly authorized ATTEST: (ENGINEER) 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: ^ ; I */i~""":"-;' /' /j >1 7ft '--" . ;'-~J: ~... , 1/30/90 EXHIBIT I SCOPE OF SERVICES In accordance with your request, we have prepared this informal proposal for a geologic assessment of landslide potential within the burn area of the recent San Manuel fire. We understand that the U.S. Forest Service has tentatively identified five large landslides within the burn area. The burn area lies within the foothills of the San Bernardino Mountains. Large and small-scale landslides exist in this bedrock terrain. Bedrock landslides exhibit a different character than other types of landslides and are often difficult to recognize. Several of the large-scale landslides along the foothills of the San Bernardino Mountains are Pleistocene in age (greater than 11,000 years old) and indicative of a past, wetter climate. Some of these ancient landslides are relatively stable under current climatic conditions but may contribute to the production of smaller slides and debris flows. Our firm has conducted numerous geologic investigations along the foothills of the San Bernardino Mountains. We are familiar with the geology and landslide character in this general vicinity. We recommend that the initial phase of a landslide potential assessment for the burn area be a geologic field reconnaissance to identify and accurately map existing landslides. We recommend that the landslides be mapped on a suitable topographic base map at a 400 scale or larger, if one is available. Stereoscopic pairs of aerial photographs will be used to help identify landslides. We anticipate that approximately two days of field reconnaissance will be necessary to field check and accurately map landslides within the burn area. A preliminary evaluation of the age and activity of the mapped landslides, as well as the potential for future activity of the landslides including consideration of the impact on such potential of the recent burn-off of the chaparral will be included in our initial assessment phase. We estimate the cost of the geologic assessment of landslide potential, including mapping of the landslides, preliminary evaluation of the age and activity of the mapped landslides and an evaluation of the potential for future activity of the land- slides to be $4,200.00. We anticipate that approximately three to four weeks will be required for completion of this phase. 1/30/90 EXHIBIT I (continued) Recommendations for further study and/or implementation of a landslide monitoring program, if necessary, can be provided based on the results of the initial assessment phase. Cost for a subsequent subsurface investigation and/or a landslide monitoring program will be dependent upon the number, size and location of potentially active landslides. That cost can be better ascertained following the initial assessment phase but may range between $10,000.00 and $50,000.00. -2- 1/30/90 -..----- - -..--- EXHIBIT 2 TIME SCHEDULE The time frame for geologic mapping and completion of a written report is sixty (60) days from the time of authorization. 1/30/90 EXHIBIT 3 TASK/COST BREAKDOWN Task Personnel Hours Rate Total Field Mapping W. Reeder 16 85 1,360 Research and Report W. Reeder 14 85 1,190 Research and Report G. Rasmussen 3 160 480 Word Processing P. Goundry 5 35 175 Drafting C. Knickerbocker 20 40 800 Reproduction 50 Maps, Photos, Mileage 145 TOTAL ESTIMATED COST 4,200 1/30/90 GARY S. RASMUSSEN & ASSOCIATES, INC. / ENG1NEER1N~~~~~~:~ 181 1 COMMERCENTER WE5T . SAN 8ERNARDINO, CALIFORNIA 92408 . (714) 88&2422 . 825-9052 . FAX 88&6806 EXHIBIT 4 SCHEDULE OF FEES PERSONNEL Word Processing Drafting .... TechnIcal Assistant Staff Geologist Project Geologist ...... Senior Geologist . . . Principal Geologist ....... . . . . . $35.00 per hour 40.00 40.00 53.00 75.00 85.00 160.00 . . . . . . Court appearance and expert witness is charged at $1,700 per day, with a minimum of $1,400.00 per appearance. Expert witness tees wlll be charged at the standard hourly rate plus 25 percent. Charges for standing by pending a call to appear will be charged at 50 percent of the standard hourly rate unless the request to stand by is cancelled by timely notice. OTHER CHARGES FIeld exploratIon equIpment, pubUc transportatIon, fares, vehicle rental, printing, reproductIon, photographIc work . . . . . . . . . . . . . . . . . Per Diem . . . . . Cost plus 20% $35.00 per day plus lodging $0.40 per mIle MIleage . . July 1989 ..