HomeMy WebLinkAbout08-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Dept:
Subject: Authorization to execute
Development Services Agreement with PSOMAS, Inc., for
ORI Engineering Services for the development
February 24, 2003 61NA' of the Vision Creek Storm Drain and Park
I..project and authorization for the Finance
4.10-7257 Director to amend the FY 2002/03 budget.
Date:
File:
MCC Date: March 17, 2003
Synopsis of Previous Council Action:
3/18/02 Resolution authorizing the submittal of a grant application for Nonpoint Source
Pollution Control Program funds for the construction of Vision Creek Project.
7/15/02 Allocation of $81,700 in the 2002/03 Capital Improvement Program (CIP) budget for
20/20 Vision Creek/Town Creek Storm Drain (Account No. 248-368-5504-7257).
Recommended Motion:
I) Adopt Resolution, and;
2) Authorize the Finance Director to amend the 2002/03 Capital Project Budget by
appropriating $34,100 from Unallocated Storm Drain Fund Balance to Account Number
248-368-5504-7257 (20/20 Vision Creek/Town Creek St m Drain.
tf
James Funk
Contact person: Lupe Camacho, Engineering Associate
Phone:
5110
Supporting data attached: Staff Report, Resolution, Vicinity Map Ward: L 2, & 3
Preliminary Concept Plan, Agreement for Professional
Services, Cost Estimate (Exhibit I), and Scope of Services.
FUNDING REQUIREMENTS: Amount: $115,800.00
Source: (Acct. No.) 248-368-5504-7257
Acct. Description: 20/20 Vision Creek/Town Creek Storm Drain
Finance: ~~4'A )/ i&/t7L
Council Notes:
I( tso.t:' 2Cb',S' <.n I)
Agenda Item NO.----K-
3/11/03
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution authorizing the execution of an Agreement with PSOMAS, Inc. for Engineering
Services for the development of the Vision Creek Storm Drain and Park Project and
authorization for the Finance Director to amend the FY 2002/03 budget.
Background:
The project (Vision Creek) in general will consist of preparing concept drawings, preliminary
drainage studies and planning level estimates for a proposed storm drain, detention basin and
park system paralleling the east side of the 1-215 freeway between 13th Street and Mill Street.
The City of San BernardinolDevelopment Services is proposing a unique, cost effective water
reclamation/water diversion project that qualifies under the State Water Resources Control
Board's (SWRCB) Nonpoint Source Pollution Control Program. The project will be designed
to accommodate drainage from the proposed Caltrans 1-215 freeway-widening project, and to
compliment the Water Department's water quality and aquifer recharge goals. The Vision
Creek Project proposes to divert 1-215 Freeway storm water and landscaping irrigation runoff,
which will flow through a series of drainage clarifiers located within the freeway right-of-way,
into existing lateral drainage pipes, terminating into the project's proposed trapezoidal drainage
channel (urban stream) which will be lined with grouted natural rock. The urban stream
concept will simulate actual creek bed flow on a constant basis, fed by a water source that is
provided from the project's planned retention pond in the vicinity of Baseline at "G" Street.
The stream is initially designed to flow adjacent to the freeway along the west side of "H"
Street, between Baseline Street and 6th Street then picking up again on Rialto Avenue and
flowing to just north of Mill Street (Vicinity Map).
The urban stream will be multi-faceted in function, providing both year-round water drainage
capability for containing 5-year flooding in the streambed and 100-year flooding within the
100' right-of-way that is proposed for the streambed. The streambed right-of-way will also
function as a landscaped pedestrian/bicycle walkway that will compliment the proposed
Downtown Revitalization Project and is planned to ultimately intersect the Santa Ana River
trail located a few miles southerly of this location. The project would eliminate the need for a
portion of the freeway widening projects required underground drainage complex.
In addition, the proposed upstream detention basin/park will significantly reduce the City's
long-term cost to repairlreconstruct the Mormon Drain through the downtown area as it will
significantly reduce flows in that facility. It will also reduce the cost to the Joint Powers
Authority of relocating the Mormon Drain, which lies under the proposed "North Lake" as
currently planned. With the implementation of the detention basin, the remainder of the Vision
Creek project can be built in phases as funding becomes available. The overall cost of the
project could range from as little as $lmillion to $2 million, if only the upstream detention
basin/park is built, up to as much as $12 million to $15 million if the entire project were to be
built. However, the potential savings in the 1-215 backbone storm drain and water quality
improvement costs and the Mormon Drain repair/reconstruction/realignment costs could
significantly exceed that amount.
- 2-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
The concept drawings, technical studies and reports produced with this consulting contract will
be used to discuss partnership opportunities with Caltrans, SANBAG and the Joint Powers
Authority. They will also be the documents necessary to support future Federal/State Aid
funding requests from both water quality and transportation-related sources.
Request for Proposal (RFP) for Professional Civil Engineering Services were sent to 11 Civil
Engineering firms. Three firms responded to the RFP.
Proposals along with proposed services and fee schedules were received from:
Original
Company Proposed Fee * Negotiated Fee Location
PSOMAS, Inc. $135,790.00 $92,035.00 Riverside
Transtech Engineers, Inc. $176,088.00 San Bernardino
Mapco, Inc. $160,785.00 San Bernardino
*There were some substantive differences in the original scope and project approach among the
three firms.
City staff conducted interviews on January 6, 2003. The selection committee consisted of the
following city and state personnel:
. Lemuel P. Randolph, Director of Parks and Recreation
. Gary Van Osdel, Director of Economic Development
. Glenn Baude, Director of Code Compliance
. James Funk, Director of Development Services
. Raymond A. Casey, Deputy Director/City Engineer
. Hiep Bui, Caltrans Project Engineer for 1-215 widening
The committee received presentations and rated each company's proposal based on similar
project experience, personnel assigned to the project, past experience with the firm (where
applicable), the ability of the company to meet scheduling requirements, and overall
understanding of the project goals. After a detailed review and discussion, the committee
selected PSOMAS, Inc. as the most qualified of the three companies to provide the necessary
services and recommended the selection ofthis firm to perform the referenced work.
Staff negotiated certain adjustments in the scope of services, project direction and the associated
fee schedule to meet the required engineering services for the project and project budget.
Financial Impact:
Cost for services associated with this Agreement shall not exceed $92,035 (Exhibit I).
- 3 -
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Account No. 248-368-5504-7257 (20120 Vision Creek/Town Creek Storm Drain) has a current
available balance of $75,800. The project cost is estimated to be $115,800, including a
contingency amount of $6,200 and adequate staff time to administer the project. Therefore, a
budget amendment is needed to appropriate an additional $34,100 to Account No. 248-368-
5504-7257 (Unallocated Storm Drain Fund Balance).
All costs incurred will be charged to Account No. 248-368-5504-7257 (20120 Vision
Creek/Town Creek Storm Drain).
Recommendation:
1. Adopt Resolution
2. Authorize the Finance Director to amend the 2002/03 Capital Project Budget by
appropriating $34,100 from Unallocated Storm Drain Fund Balance to Account
Number 248-368-5504-7257 (20/20 Vision Creek/Town Creek Storm Drain).
- 4 -
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City of San Bernardino, California
Department of Public Works, Division of Engineering
20/20 VISION CREEK / TOWN CREEK
STORM DRAIN PROJECT
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
PSOMAS, INC., FOR ENGINEERING SERVICES FOR THE DEVELOPMENT OF
THE VISION CREEK STORM DRAIN AND PARK PROJECT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7
SECTION I. That the Mayor is authorized to execute the Agreement with PSOMAS,
Inc., for Engineering Services for the development of the Vision Creek Drain and Park
$92,035.00 with a contingency amount of $6,200.00, but such Agreement shall be effective
12 only upon being fully executed by both parties. The Mayor is hereby authorized and directed
13 to execute said Agreement on behalf of the City; a copy of the Agreement is attached as
14
15
16
17 take effect or become operative until fully signed and executed by the parties and no party shall
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19
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Exhibit A and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This agreement and any amendment or modifications thereto shall not
be obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
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SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
22
23 within sixty (60) days of passage of the resolution.
24 III
25 III
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-#'CZ
3/17 )03
1 RESOLUTlON...AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH
2 PSOMAS, INC., FOR ENGINEERING SERVICES FOR THE DEVELOPMENT OF
THE VISION CREEK STORM DRAIN AND PARK PROJECT.
3
4
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held on
6 the_day of ,2003, by the following vote, to wit:
7
8 Council Members:
9 ESTRADA
AYES
NAYS
ABST AIN ABSENT
10 LONGVILLE
11
12
MC GINNIS
13 DERRY
14 SUAREZ
15
16
17
18
19
20
ANDERSON
MC CAMMACK
City Clerk
,2003.
day of
The foregoing resolution is hereby approved this
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22
Judith Valles, Mayor
City of San Bernardino
23
24 Approved as to
25 form and legal content:
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/) /.
1. a
mes F. Penman
ity Attorney
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this of 2003, by and between the
CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY"
and PSOMAS, Inc., a California corporation, hereinafter referred to as "ENGINEER".
WITNESSETH
WHEREAS, City desires to obtain professional services to prepare concept drawings, preliminary
drainage studies and planning level estimates for a proposed storm drain and park system paralleling the 1-215
freeway between 13th Street and Mill Street.
WHEREAS, in order to develop concept drawings, preliminary drainage studies and planning level
estimates, it is necessary to retain the professional services of a qualified engineering and consulting firm; 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; and
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of Services" and as contained in the
Proposal dated February 24. 2003, (which is on file at the City Clerk's Office) and the Hourly
Fee Breakdown, a copy of which is attached hereto as Exhibit "1" and all of which are
incorporated herein as though set forth in full.
2. TERM OF AGREEMENT
Engineer shall commence within fifteen (15) days after the City has authorized work to start by
issuance of a Notice to Proceed, services shall be completed 120 days after Notice to Proceed
unless amended by the City.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work products and design in conformance with Standard
Specifications for Public Works Construction (Green Book), and the City of San Bernardino's
Standard Drawings.
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 considered as additional tasks and
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 City
authorizes such extra services in writing prior to performance of such work.
Authorized extra services shall be invoiced based on the authorized additional task
amounts.
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 $92.035.00. Actual costs shall
not exceed the estimated wage rates and other costs as set forth in Exhibit "I" 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. City and Engineer shall agree
upon any such significant alteration in writing before commencement of performance of
such significant alteration by Engineer.
Any adjustment of the total cost of services will only be permitted when the Engineer
establishes and City has agreed in writing that there has been, or is to be. a significant
change in:
1. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the Agreement
for Completion of the work warrants such adjustment.
C. The Engineer is required to comply with all Federal. State and Local laws and
ordinances applicable to the work. The Engineer is required to comply with prevailing
wage rates in accordance with California Labor Code Section 1770.
D. The Engineer agrees that the Contract Cost Principles and Procedures, 48 CFR.
Federal Acquisition Regulations System, Chapter 1. part 31 et seq., shall be used to
determine the allowability of individual items of cost.
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E. The Engineer also agrees to comply with Federal procedures in accordance with 49
CFR, Part 19, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
F. Any costs for which payment has been made to Engineer that are determined by
subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments,
are subject to repayment by Engineer to City.
G. Any subcontract in excess of $10,000, entered into as a result of this contract, shall
contain all the provisions of this Agreement.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted
every four (4) weeks 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 (10) days of notice of such dispute. Interest of 1-1/2 percent per month
(but not exceeding the maximum rate allowable by law) will be payable on any amounts
not in dispute and not paid within thirty (30) days of the billing date, payment thereafter
to be applied first to accrued interest and then to the principal unpaid amount. On
disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the
amount in dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit
" I" shall be completed prior to final payment.
B. Section 9-1.10 of the Cal-Trans Standard Specifications is hereby specifically waived
and not applicable to this Agreement. The parties hereto otherwise agree not to be
bound by any other requirements for binding 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. No payment will be made for any work performed prior to approval of this contract by
City and Notification to Proceed.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Development Services 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
Development Services or his designee.
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B. The Office of Federal Highway Administration may review and inspect the Engineer's
activities during the progress of the program.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, age, handicap or national
origin. Engineer shall comply with all State and Federal Civil Rights Laws in its hiring
practices and employee policies. Such action shall include, but not be limited to, the
following: recruitment and recruitment advertising, employment, upgrading, and promotion.
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 the
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 resume within forty-five (45)
days of termination. Any subsequent use of such incomplete documents, other than
their originally intended use, 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 " I" .
B. This agreement may be terminated for the convenience of the City upon thirty-(30) days
written notice to Engineer. Upon such notice, Engineer shall provide work product to
City, and City shall compensate Engineer in the manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this section,
the Agreement shall continue until all obligations arising from such termination are
satisfied.
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, 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
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"changes" provision of this Agreement. Engineer shall notify City within three (3) days in
writing when it becomes aware of any event or circumstances for which it claims or may claim
an extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor and shall not be considered an employee of the
City in the performance of the services provided for under this Agreement. Engineer shall
furnish such services in its own manner. This Agreement is not intended and shall not be
construed to create the relationship of agent, servant, employee, partnership, joint venture, or
association between Engineer and the City.
12. ASSIGNMENT OR SUBCONTRACTING
Engineer shall not assign this Agreement or any portion thereof, without the written consent of
City. Any attempt by Engineer to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and shall constitute a breach of
this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this
contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Engineer and City:
ENGINEER
Mr. Gary Antonucci
PSOMAS, Inc.
1700 Iowa Avenue, Suite 160
Riverside, CA 92507
CITY
Mr. James Funk
Development Services Director
300 N. "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data provided through the City
or its agents.
B. The City shall pay all costs of inspection and permit fees for San Bernardino County
Flood Control District. 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
in no event shall the work to be performed hereunder cease as a consequence of any
unforeseen charges unless by mutual written agreement of City and Engineer.
C. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract will
automatically be vested in the City and no further agreement will be necessary to
transfer ownership to the City.
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D. It is understood and agreed that all calculations, drawings and specifications, whether in
hard copy or machine readable form are intended for one-time use in the construction
of the project for which this contract has been entered into.
E. The Engineer is not liable for claims, liabilities or losses arising out of, or connected
with, the modification or misuse by the City of the machine readable information and
data provided by the Engineer under this agreement; further, the Engineer is not liable
for claims, liabilities or losses arising out of, or connected with, any use by the City of
the project documentation on other projects, for additions to this project, or for the
completion of this project by others, excepting only such use as may be authorized, in
writing, by Engineer.
F. For the purpose of determining compliance with Public Contract Code Section 10115,
et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et.
seq., when applicable, and other matters connected with the performance of the
contract pursuant to Government Code Section 8546.7, the Engineer, subconsultant,
and the City shall maintain all the books, documents, papers, accounting records, and
other evidence pertaining to the performance of the contract, including but not limited
to, the costs of administering the contract. All parties shall make such materials
available at their respective offices at all reasonable times during the contract period
and for three years from the date of final payment under the contract. The State, the
State Auditor, FHW A, or any duly authorized representative of the Federal government
having jurisdiction under Federal laws or regulations (including the basis of Federal
funding in whole or in part) shall have access to any books, records, and documents of
the Engineer that are pertinent to the contract for audits, examinations, excerpts, and
transactions, and copies thereof shall be furnished if requested.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Engineer represents his judgement as
a design professional and is supplied for the general guidance of the City. Since
Engineer has no control over the cost of labor and material, or over competitive bidding
or market conditions, Engineer does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to the City.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage.
brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Engineer for the purpose of securing
business. For breach or violation of this warranty, City shall have the right to terminate this
Agreement in accordance with the clause permitting termination for cause and, at its sole
discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage or contingent fee.
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17. HOLD HARMLESS CLAUSE
A. Engineer shall indemnify, defend and hold free and harmless the City, its officers, and
its employees from all claims, damages, costs, expenses, and liability, including, but
not limited to attorney's fees, imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use by City, its
officers, employees, agents, and other duly authorized representatives, of programs or
processes supplied to City by Engineer under this Agreement.
B. The prevailing party in any legal action to enforce or interpret any provision of this
Agreement will be entitled to recover from the losing party all reasonable attorneys'
fees, court costs, and necessary disbursements in connection with that action. The
costs, salary, and expense of the City Attorney and members of his office, in
connection with that action shall be considered as attorneys' fees for the purposes of
this Agreement.
18. INDEMNITY
Engineer agrees to indemnify, defend, and hold harmless the City of San Bernardino, and its
agents, officers and employees from and against any and all liability, expense and claims for
damages of any nature whatsoever, including, but not limited to, costs, bodily injury, death,
personal injury, or property damages, arising from or connected with Engineer's operations, or
any aspect of its performance under this Agreement.
19. LIABILITY/INSURANCE
Engineer shall maintain insurance policies meeting the minimum requirements set forth herein.
All insurance maintained by the Engineer shall be provided by insurers satisfactory to the City.
Certificates evidencing all insurance coverage required herein shall be delivered to the City prior
to the Engineer performing any of the services under this Agreement. All insurance certificates
required herein shall name the City as an additional insured and provide for thirty-(30) days
written notice from the insurer to the City prior to cancellation of any insurance policy of the
Engineer.
A. Errors and Omissions. The Engineer shall maintain errors and omissions insurance
with a combined single limit of not less than One Million Dollars ($1,000,000.00) per
occurrence.
B. Comprehensive General Liability and Automobile Insurance. The Engineer shall
maintain comprehensive general liability and automobile liability insurance with a
combined single limit of not less than One Million Dollars ($1,000,000.00) per
occurrence.
C. Worker's Compensation Insurance. The Engineer shall maintain worker's
compensation insurance in accordance with the laws of the State of California for all
workers employed by the Engineer.
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20. VALIDITY
Should any provIsion herein be found or deemed to be invalid, this Agreement shall be
construed as not containing such provision, and all other provisions which are otherwise lawful
shall remain in full force and affect, and to this end the provisions of this Agreement are
declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supersedes all prior and contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject matter thereof. This
Agreement may be amended only by written instrument signed by both parties.
III
III
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~GREEMENT FOR Professional Services with PSOMAS, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date
written above by their duly authorized officers on their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY:
BY:
Rachel Clark, City Clerk
City of San Bernardino
Judith Valles, Mayor
City of San Bernardino
Approved as to form
And legal content:
JAMES F. PENMAN
:::ity Attorney
BY: L ':j.t--
V
PSOMAS, Inc.
BY:
Signature
NAME:
TITLE:
III
III
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Scope of Services
Psomas proposes the following scope of services based on our proposal of October 30,
2002 and our meeting on February 18,2003.
Task 1 - Project Management
From the inception of the project, and continuing through all the phases, Psomas will
conduct Project Management activities to provide coordination, scheduling, and
communication. Services will include the following tasks.
Coordination Meetings: The Psomas Team will attend project update and coordination
meetings as required for:
. Project Kick-off Meeting
Psomas has assumed bi-weekly coordination meetings with the team members.
Progress Reports: Psomas will provide monthly written progress reports for the duration
of the project. The information included in the reports will include, but not be limited to:
. Significant accomplishments
. Schedule status (task/actions; actual vs. scheduled, dates and percent complete)
. Work planned for the next reporting period
. Actions items and responsibilities assigned
. Problem areas and resolutions
Schedule: Psomas will prepare and maintain a Gantt Chart Schedule. Monthly updates
will be submitted with the Progress Reports.
Task 2 -Research and Data Collection (Phase 1)
Task 2.1 - Kiek Off Meeting
As a first step for initiation of the project and this task, a "kick-off' meeting will be held
with City staff. The meeting will cover the following items:
_ Definition of roles and responsibilities of key personnel for Psomas, its
subconsultants, and the City
_ Confirmation of the project goals and objectives and the City's expectation for
an "end product"
_ Review of this Draft Work Plan and identification of any items that need to be
redirected
_ Identification of key issues that are critical for the success of the project
_ Names of key contacts at the City to obtain additional information and/or data
- Development of project schedule
PSOMAS Draft Scope of Services
Vision Creek
February 24, 2003
Page 2 of?
_ Definition of communication protocols to be followed for the project
_ Review of City's requirements for invoicing procedures
Finalize Work Plan based on comments, if any, received at kick-off meeting
Task 2.2 - Site Reconnaissance
Conduct site visit with City Staff and Design Team Members to physically review,
analyze, and document all existing site assets and deficiencies. The critical region of
investigation will be focused upon the immediate site and those sites physically adjacent
to the "Vision Creek" Storm Drain and Park site area
Task 2.3 - Collect and Review Reports and Studies
Review the information provided by the City request any additional reports, data,
documentation, improvement plans, and information that may be required from the City
or other sources to undertake a comprehensive research effort for the project assignment.
It is assumed that the City will coordinate with Caltrans and obtain all hydrologic,
hydraulic, water quality and other data needed for the conduct of this study. It also is
assumed that the City will provide a copy of the City's master plan of drainage and all
land use and circulation data, site utility, and on-site studies relevant to the this study.
Task 2.4 - Develop Base Mapping
Obtain digital copy of GIS format mapping and data for use in developing opportunity
and constraints maps, preliminary concept plans, and final concept plan. We propose to
use aerial mapping that is available at a scale of approximately I inch = 100 feet with 2-
foot contours in combination with the GIS Parcel Landbase available from the City. The
source of this aerial mapping will be the base mapping developed for the San Bernardino
Downtown Revitalization Plan, which covers the area from 13th Street to Mill Street. The
source of mapping for the area southerly of Mill Street to Orange Show Road will be a
combination of GIS Parcel Landbase available from the City, aerial mapping available
through CityGIS, and mapping available from Caltrans.
Prepare a comprehensive site exhibit based on information provided by the City
including:
. Land Use and Circulation
. Site Utilities
PSOMAS Draft Scope of Services
Vision Creek
February 24, 2003
Page 3 of?
Deliverables
. Kick-off meeting minutes
. Site Analysis Exhibit
. Digital Base Mapping at a scale of I inch = 100 feet
Task 3 - Programming/Concept Development (Phase 2)
The following are descriptions of the activities and tasks that will be undertaken by the
Psomas Team to develop an initial concept plan which can then be refined through
preliminary engineering, and incorporation of further input through public
meetings/workshops.
Task 3.1 - Preliminary Hydrologic/Hydraulic Analysis
As part of the Phase 2 concept development scope of service, preliminary hydrologic and
hydraulic analysis will be undertaken in order to establish the approximate stormwater
system configuration parameters for the project. This information will be integrated with
the preliminary study for the continuous flow stream. The work plan will include the
following items:
. Estimation, from Caltrans drainage studies for the 1-215 Freeway widening, of the
flows for 10- and 100- year frequency storms and the outlet locations and flows
discharging to the project.
. Estimation of approximate peak discharge for the project area for 10- and 100- year
frequency storms as well as water quality flow and volume.
. For hydrologic analysis, we will use the Advanced Engineering Software [AES]
computer program to generate peak discharges for both on-site and off-site areas. San
Bernardino County Flood Control District Hydrology Manual methodology and
procedures will be followed.
. The San Bernardino County Flood Control District (Zone 2) Comprehensive Storm
Drain Plan No.7 will be used as the basis for establishing the drainage area
boundaries.
. For hydraulic analysis, we will use the HEC-RAS computer program to establish
preliminary design frequency water surface elevation for the open channel flow
facility along the stream alignments.
PSOMAS Draft Scope of Services
Vision Creek
February 24,2003
Page 4 of?
. Preliminary assessment of scour and sedimentation issues will also be conducted. .
The preliminary configuration, location, and volume of retention basins will also be
established for this phase of the project.
Deliverable
. Memorandum type report that summarizes the results of the preliminary hydrologic and
hydraulic analysis for the stormwater system including the open channel facility,
retention basins/ponds, and water quality facilities.
Task 3.2 - Preliminary Stormwater Quality Analysis
Since the proposed ponds and stream are intended to function as stormwater treatment
(BMPs) as well as landscape enhancements, it is necessary to know the quality of the
anticipated stormwater runoff. It is anticipated the runoff will be from the expanded I -
215 Freeway. There may be opportunities to divert other local stormwater into the
treatment system as well. To characterize the stormwater quality, we will:
. Review water quality data provided by the City of expected freeway runoff water
quality to determine the characteristics of the raw stormwater
. Estimate the sediment loading from the water quality data
. Review basin plans to determine water quality objectives for the proposed discharge
location
. Research potential BMP technology to determine the expected performance of the
ponds and stream as treatment
. Research the design criteria for ponds and stream as stormwater treatment
Task 3.3 - Continuous Flow "Stream" Preliminary Concept Development
Preliminary hydrologic and hydraulic analysis for the freeway and local storm runoff will
need to be considered in the preliminary sizing of the facility and identifYing potential
locations for ponds, desilting basins, and other drainage and water quality elements. The
stream is intended to function as an aquatic amenity in non-storm conditions and as a
drainagelflood control facility during periods of storm runoff.
Included in this task will be the conceptual analysis to establish recirculation system size
requirements for the stream, potential location of a pumping system, and location for a
domestic water source.
In addition, preliminary concepts for stream liner, shoreline treatments, decorative
rockwork, and waterfalls or "rapids" will be established. The project ecologist will
PSOMAS Draft Scope of Services
Vision Creek
February 24, 2003
Page 5 of?
provide input for the configuration offeatures that will effectively support wetlands
and/or riparian habitat development.
Deliverables
. Memorandum report that summarizes the water quality data, water quality objective
and design criteria for optimizing the water quality produced by the ponds and stream
. Preliminary layout of a continuous flow stream, showing approximate
configuration, size, and scope of improvements
. Preliminary sketches of stream liner, shoreline treatments, decorative rockwork, and
waterfall or rapids
. Conceptual analysis ofrecirculation system requirements
Task 4 - Preliminary Engineering and Cost Estimates (Phase 3)
Task 4.1 - Hydrology and Hydraulics
After the Preliminary Concept Plan (Phase 2) has been developed, engineering will be
undertaken to refine the hydrologic study and hydraulic analysis for the preliminary
design of the retention ponds of stormwater conveyance facilities, desilting basins, stream
configuration, and stormwater BMPs. Hydrologic calculations will be in accordance with
the latest San Bernardino County Flood Control District criteria.
Task 4.2 - Stormwatcr Quality/NPDES
The findings in Phase 2 (Preliminary Concept Development) will provide data for the
using the ponds and streams as stormwater treatment BMPs. We will:
. Estimate the sediment storage volume for desilting
. Estimate the treatment volume for removal of dissolved pollutants
. Estimate the total volume of the ponds needed to treat the project stormwater
quantity
. Estimate the distribution of the volume among the proposed ponds
. Develop a preliminary design cross section of the ponds
. Estimate the expected water quality produced from the ponds
Engineering will be conducted to provide conceptual design
PSOMAS Draft Scope of Services
Vision Creek
February 24, 2003
Page 6 of?
Task 4.3 - Continuous Flow Stream
Preliminary plans and profiles will be prepared, at a scale of 1 inch = 100 feet, that define
the approximate location, alignment and sizing of the stormwater system and the integral
continuous flow stream. It will show the facilities that connect with the freeway drainage
system. There will be sufficient sections and details to define the scope and intent of the
project for the purposes of pursuing grants and for the initiation of final design. Work
with the plant specialist to develop preliminary planting palettes and plans.
Preliminary engineering plans will also be prepared for the continuous flow stream
including the pumping and piping for the water recirculation system.
Task 4.4 - Plan, Profile & Details
The preliminary designs and plans, along with accompanying calculations, will be
submitted to City staff for review and comment.
Task 4.5 - Cost Estimates
Preliminary estimates of probable construction costs will also be prepared in this phase.
De/iverables
. Preliminary Plan and Profile at a scale of 1 inch = 100 feet plus appropriate sections
and details
. Hydrologic and Hydraulic Calculations
. Stormwater Analysis/Calculations
. BMP Preliminary Design Plans
. Stream/Aquatic Feature Design Calculations and Preliminary Details
. Preliminary Estimates of Probable Construction Costs
. Plans that show the preliminary plan and cross-sections of the planned ponds
Task 5 - Final Concept Plans and Cost Estimates (Phase 4)
Task 5.1 - Prepare Concept Plan and Exhibits
PSOMAS Draft Scope of Services
Vision Creek
February 24, 2003
Page 7 of7
Upon approval of the Phase 2 Preliminary Concept Plan and Phase 3 Preliminary
Engineering, the Psomas Team will prepare the final concept plans and estimate of
probable construction costs. The Concept Plans will show the location, size and
configuration of the key elements of the project in sufficient detail to define the scope,
limits, and intent of the improvements for the following purposes:
. Public Presentations and Displays
. Grant Applications
. Guide for Initiation of Final Design
The Concept Plan package will include a plant palette for the landscape improvements,
pictures of proposed furniture, lighting concepts, hardscape concepts showing materials,
texture and patterns, and the continuous flow stream configuration. Typical sections will
also be delineated on the plans.
A colored Concept Plan with appropriate typical sections will also be prepared for exhibit
and public presentation purposes.
Task 5.2 Prepare Cost Estimates
A final estimate of probable project costs will be prepared that can be used for budget and
grant application purposes. Costs for engineering, landscape architecture, surveying and
mapping, inspection, and contract administration will be included in the estimates.
Task 5.3 - City Council Workshop
One presentation to the City Council is included in this Phase of the project.
Deliverables
. Final Concept Plans with accompanying information
. Colored rendering of Concept Plan
. Plans and Preliminary Engineering Plans
. Presentation to City Council
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OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.ci.san-oemardino.ca.us
';',1
March 21, 2003
Mr. Gary Antonucci
PSOMAS, Inc.
1700 Iowa Avenue, Suite 160
Riverside, CA 92507
Dear Mr. Antonucci,
At the Mayor and Common Council meeting of March 17, 2003, the City of San Bernardino
adopted Resolution 2003-67 - Resolution authorizing the execution of an agreement with
PSOMAS, Inc., for engineering services for the development of the Vision Creek Storm Drain
and Park Project.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by May 16, 2003.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
:: 1._,-
(; .
,{ \..
Michelle Taylor
Senior Secretary
Enclosure
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect tor Human Dignity' Honesty
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "0" Street. San Bernardino. CA 92418-0001
909.384.5002. Fax: 909.384.5158
www.cLsan-bernardino.ca.us
sO'
May 2, 2003
Mr. Gary Antonucci
PSOMAS, Inc.
1700 Iowa Avenue, Suite 160
Riverside, CA 92507
Dear Mr. Antonucci,
At the Mayor and Common Council meeting of March 17, 2003, the City of San Bernardino
adopted Resolution 2003-67 - Resolution authorizing the execution of an agreement with
PSOMAS. Inc., for engineering services for the development of the Vision Creek Storm Drain
and Park Project.
On March 21, 2003, one original agreement was sent to you for signatures, If the agreement has
been signed, please return it to the City Clerk's Office, Attn: Michelle Taylor, P,O, Box 1318,
San Bernardino, CA 92402.
Please be advised that the resolution and agreement will be null and void if not executed
and returned to the City Clerk's Office by May 16, 2003.
If you have any questions, please do not hesitate to contact me at (909) 384-5002,
Thank you,
J
((7!,e ~ /4 ~J ct,) (c ,
Michelle Taylor ,;
Senior Secretary
cc: Lupe Camacho, Engineering Associate
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
May 5, 2003
TO:
Lupe Camacho, Engineering Associate
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2003-67 - Agreement with PSOMAS, Inc.
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the agreement with PSOMAS, Inc., for engineering services
for the development of the Vision Creek Storm Drain and Park Project. The original agreement
is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
, ,
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 3/ f'l ) (, 3 Item #
Vote: Ayes I' 'l Nays-&-
'3
'Z. ((0'- Cc '1
Resolution #
Abstain .0-
Change to motion to amend original documents:
Absent ..4-
Reso. # On Attachments: ,/
Contract term: .-
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 2)"'1 q .c~')
Date of Mayor's Signature: 3' 1[1' O~
Date of ClerklCDC Signature:'!, . .lX1'CJ3
NulllVoidAfter: '=G [)A'/'s J"i-llc (:8
I
By: -
Reso. Log Updated: ,----
Seal Impressed: . /'
Date Memo/Letter Sent for Signature: 2- ~-~ l - C) ~-!..J
6,0 my Reminder Letter Sent ~ day: -'5 .' ~.O~
90 Day Reminder Letter Sent on 45th day:
See Attached: ./ Date Returned: :5 -5--03
See Attached: /
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney ,/ Code Compliance
Dev. Services
Parks & Rec.
Police
Public Services
Water
Notes:
Yes L No By
Yes No--""- By
Yes No V By
Yes No V By
Yes No / By
../ EDA
Finance /'
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: J}"l'( Date,"5'/5'/ C"2,
Revised 01112/01