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HomeMy WebLinkAbout23-Development Services CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: James Funk, Director Subject: Dept: Development Services Date: 04/02/03 ORIGINAL File No.: 3.7311,3.7313 & 3.7318 MCC Date: 04/21/03 Synopsis of Previous Council Action: Authorization to execute Agreement for Professional Services with Engineering Resources of Southern California, Inc. for design of a proposed Sanitary Sewer Line Replacement in Grant Avenue from "I" Street to Bunker Hill; in 3'd Street from "G" Street to 4th Street; and in Sepulveda Avenue from 4th Street to 5th Street July 15,2002 The Mayor and Common Council approved the FY 2002/03 Capital Improvements Program, which includes replacing the sewer lines in Grant Avenue from "I" Street to Bunker Hill; in 3'd Street from "G" Street to 4th Street; and in Sepulveda A venue from 4th Street to 5th Street. Recommended Motion: Il,~ I' ~I-TF Signatur Adopt Resolution. Contact Person: Robert Sepulveda, Engineering Associate Staff Report, Supporting data attached: Reso, Map & Agreement Phone: 5167 Ward: 1,3 FUNDING REQUIREMENTS: Amount: $46,500.00 Source: (Acct. No.) 245-365-5504-7311,245-365-5504-7312 & 245-365-7318 Sewer Line Replacement in Grant Avenue from "I" Street to Bunker Hill; in 3rd Street from "G" Street to 4th Street; and in Sepulveda Avenue from 4th Street to 5th Street (Acct. Description) Finance: Council Notes: Agenda He #23 5/S/C'0 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Authorization to execute an Agreement with Engineering Resources of Southern California, Inc. for design of a proposed Sanitary Sewer Line Replacement in Grant Avenue from "I" Street to Bunker Hill, in 3'd Street from "G" Street to 4th Street, and in Sepulveda Avenue from 4th Street to 5th Street. Backeround: The Sewer System Master Plan (S.M.P.) was updated 14 October of 2002. The purpose of the S.M.P. is to evaluate the City's existing sewer system capacity, integrity and the systems ability to handle future land-use changes and redevelopment to the year 2020. The S.M.P. has made recommendations for improvements based on the new land use information, population projections obtained from current census data, and data captures from temporary flow monitoring. Hydraulic modeling was used to determine system deficiencies and determine sizing and alignments of new mains to eliminate deficiencies. The sewer system in Grant Avenue at this location is at 85% capacity. The sewer systems in Sepulveda Avenue and 3'd Street at these locations are at IOO% capacity and would become pressurized with any future development up stream. Requests for Proposal (RFP) for Professional Civil Engineering Services were sent to 23 Civil Engineering firms both locally and to firms with a positive track record with the City. Each was requested to submit a design proposal for this project. Of the ten firms that responded 4 of them are from San Bernardino, both the Redlands and Colton Firms responded, and the rest are companies that have done work with us in the past. Proposals were received from: Companv Location: Engineering Resources ($42,000 not to exceed) San Bernardino AEI-CASC ($67,895 with Contingencies) Colton John Egan & Associates Redlands Korve Engineering San Bernardino RBF Consulting ($49,350 not to exceed) Ontario Hall & Foreman, Inc. (submitted for Baseline Project not Grant Project) Upland Transtech Engineering, Inc. San Bernardino CBM Consulting, Inc. Gardena Dudek & Associates (submitted for Baseline Project not Grant Project) Anaheim Associated Engineers (submitted for Baseline Project not Grant Project) San Bernardino A selection committee conslstmg of Engineering Associate Ron Blymiller, Engineering Associate Robert Sepulveda, and Engineering Associate Lupe Comacho reviewed the proposals and selected RBF Consulting, AEI-CASC and Engineering Resources to be interviewed. The 2 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) basis of selection was a point system which evaluated the qualifications of each firm. No proposal amounts were reviewed during this phase of the process. The interview committee, consisting of Field Engineer Mike Grubbs, Engineering Associate Ron Blymiller, and Engineering Associate Robert Sepulveda interviewed the firms and recommended Engineer Resources and RBF Consulting, Inc. based on points earned from their proposal, previous experience, qualifications, interview and familiarity with sewer systems. The table below shows the points given for each of the three firms interviewed. Based on the committee's assessment of the proposals, Engineering Resources and RBF Consulting scored the same in the process and interview. Therefore, staff is recommending that the firm with a San Bernardino office be awarded the design contract for the negotiated price of $42,000. Firm Pronosal Points Interview Points Total Points Engineering Resources 82 87 169 AEI-CASC 87 79 166 RBF Consulting 86 83 169 Engineering Resources has a not-to-exceed fee for this work in the amount of $42,000.00. In addition, staff is requesting an allocation of a contingency amount of $4,500.00 (in the event of discovery of unforeseen conditions and/or the need and desirability to moderately expand the scope of work), for a total project cost of$46,500.00. Financial Impact: Sufficient funding for this project is available in Account Nos. 245-365-5504-7311, 245-365- 5504-7312 and 245-365-5504-7318. Since these projects will be under one design package we are requesting that the amount of this agreement be evenly distributed. Recommendation: Adopt Resolution. 3 1 2 3 4 5 6 7 8 9 10 11 12 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF PROPOSED REPLACEMENT OF SANITARY SEWER LINES IN GRANT AVENUE, FROM "I" STREET TO BUNKER HILL; IN 3RD STREET, FROM "G" STREET TO 4TH STREET; AND IN SEPULVEDA A VENUE, FROM 4TH STREET TO 5TH STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor is authorized to execute an AQ'r~ement for Professional Services with Engineering Resources of SOll" Commercenter Circle, { San Bernardino, California 92408, for , rvices for proposed , \ l\ -"'" { Ii,! replacement of sanitary sewer lines in Grant ) ~\) _" Street to 5 th Street. unker Hill Drive, in 13 3rd Street, from "G" Street to 4th Street and in 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 A contract is entered into with said firm for the actual costs incurred, not to exceed $42,000.00, with a contingency amount of $4,500.00, but such Agreement shall be effective only upon being fully executed by both parties. The Mayor is hereby authorized and directed to execute said Agreement on behalf of the City; a copy of the Agreement is attached as 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 take effect or become operative until fully signed and executed by the parties and no party shall 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. SECTION 3. This resolution is rescinded if the parties of the contract fail to execute it within sixty (60) days of passage of the resolution. III - 1 - 9 Council Members: 10 ESTRADA 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 RESOLUTION... AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF PROPOSED REPLACEMENT OF SANITARY SEWER LINES IN GRANT AVENUE, FROM "I" STREET TO BUNKER HILL; IN 3RD STREET, FROM "G" STREET TO 4TH STREET; AND IN SEPUL VEDA AVENUE, FROM 4TH STREET TO 5TH STREET. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 8 day of , 2003, by the following vote, to wit: AYES ABSTAIN ABSENT NAYS LONGVILLE MC GINNIS DERRY SUAREZ ANDERSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2003. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: - 2- EXHIBIT "A" 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 Engineering Resources of Southern California, Inc. hereinafter referred to as "CONSULTANT". WITNESSETH WHEREAS, City desires to obtain professional services to prepare plans, specifications, estimates, construction documents for the Design of Sanitary Sewer Line Replacements/Upgrades in Grant Avenue from "I" Street to Bunker Hill Drive, in 3'd Street from "G" Street to 4th Street, and in Sepulveda Avenue from 41h Street to 5th Street. WHEREAS, in order to develop plans, specifications, estimates and construction documents, it is necessary to retain the professional services of a qualified Consultant and consulting firm; and WHEREAS, Consultant is qualified to provide said professional services; and WHEREAS, San Bernardino City Council has elected to engage the services of Consultant upon the terms and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES The scope of work shall conform to Exhibit "B" attached hereto and made a part hereof and shall include, but not be limited to, review of the sewer master plans prepared by PSOMAS, identify and coordinate with utility companies within the vicinity, pot hole existing utilities as required to identify potential conflicts, investigation of pavement material, thickness and sub-surface materials, identify existing locations of sewer laterals, prepare plan and profile of the proposed improvements, quantity estimate and modify City Standard Specifications to fit the project. The PS & E must conform to the requirements of the City of San Bernardino and the Standard Specifications for Public Works Construction (Green Book), latest edition. Upon completion of the Consultant's work, the City should have in hand, both an electronic, and a hard copy of an approved and signed set of completed plans, specifications and estimates ready for bidding with all supporting data, calculations, utility locations and other details necessary to complete the project in a format acceptable to the City. \\castor\ds\_Public Works\RFCA's\2003 AIl\04~21-03\Sewer in Grant, 3rd. Sepulveda\Agreemenr for Professional Services Grant-3rd S- Sepulveda.doc EXHIBIT "A" Consultant should expect to meet with the City on a regular basis for updates on project progress, concerns, problems and accomplishments. Preliminary contact and coordination with utilities affected by the work is also considered to be a part of the Consultant work. The project must be completed within 3 months after the notice to proceed is issued. 2. TERM OF AGREEMENT Consultant to commence within ten (0) days after the City has authorized work to start by issuance of a Notice to Proceed and complete all work within the time frame indicated in Exhibit "B" attached hereto. 3. STANDARD OF PERFORMANCE Consultant shall complete all work products and design in conformance with Standard Specifications for Public Works Construction, Green Book, 2003 edition, Uniform Plumbing Code (UPC), latest Edition, 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 Consultant 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 Consultant 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 Consultant 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. S. COMPENSATION A. Upon satisfactory completion of the work, the Consultant will be paid a not to exceed fee of $42,000.00, in arrears, for all work and services performed under this contract, and upon receipt of itemized invoices, submitted in triplicate to the City Engineer. The invoice amount will be based on a percentage completion by task. For the purpose of invoicing, \\castor\ds\_Public Works\RFCA's\2003 AII\04-21-03\Sewer in Grant. 3rd, Sepulveda\Agreement for Professional Services Grant~3rd $- Sepulveda.doc 2 EXHIBIT" A" certain tasks may be combined in assessing percentage completion. Consultant will submit an invoice to the City monthly, unless otherwise authorized by the City Engineer. 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 Consultant shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Consultant. Any adjustment of the total cost of services will only be permitted when the Consultant establishes and City has agreed in writing that there has been, or is to be, a significant change in: I. 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 Consultant is required to comply with all Federal, State and Local laws and ordinances applicable to the work. 6. PAYMENT BY CITY No payment will be made for any work performed prior to approval of this contract by City and issuance by City of Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES The Director of Development Services of City, or his designee, shall have the right of general supervision over all work performed by Consultant and shall be City's agent with respect to obtaining Consultant'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. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Consultant 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. Consultant shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such \\castor\ds\~Public Works\RFCA's\2003 AlI\04-21-03\Sewer in Grant, 3rd, Sepulveda\Agreement for Professional Services Grant-3rd $- Sepulveda.doc 3 EXHIBIT "A" 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 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 Consultant for all the fees, charges and services performed to City's satisfaction by Consultant, which finding of satisfaction shall not be unreasonably withheld. Consultant hereby covenants and agrees that upon termination of this Agreement for any reason, Consultant 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, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Consultant from any claims, losses, costs, including attorney's fees and liability arising out of such use. B. This agreement may be terminated for the convenience of the City upon thirty-(30) days written notice to Consultant. Upon such notice, Consultant shall provide work product to City, and City shall compensate Consultant 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 Consultant, Consultant 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 Consultant such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. \\castor\ds\]ubJic Works\RFCA's\2003 All\04-21-03\Sewer in Grant, 3rd, Sepulveda\Agreemenr fOf Professional Services Grant-3rd S- SepulveJa.doc 4 EXHIBIT "A" Increases in payment shall be made only under the "changes" provision of this Agreement. Consultant 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. II. INDEPENDENT CONTRACTOR Consultant shall act as an independent contractor in the performance of the services provided for under this Agreement. Consultant shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of the City. 12. ASSIGNMENT OR SUBCONTRACTING Consultant may not assign this Agreement, or any portion without the written consent of City. Any attempt by Consultant 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 Consultant and City: CONSULTANT CITY Matt Brudin President Engineering Resources of Southern California, Inc. 1820 Commercenter Circle San Bernardino, CA 92408 Mr. James Funk Director of Development Services City of San Bernardino 300 North "D" Street San Bernardino. CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Consultant may reasonably rely upon the accuracy of data provided through the City or its agents. B. 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. \\castor\ds\_Public Works\RFCA's\2003 AII\04-21-03\Sewer in Grant. 3rd. Sepulveda\Agreement for Professional Services Grant-3rd $- Sepulveda.doc 5 EXHIBIT "A" C. 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. D. The Consultant 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 Consultant under this agreement; further, the Consultant 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 Consultant. E. 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 Consultant, sub-Consultant, 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 Consultant 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 Consultant represents his judgement as a design professional and is supplied for the general guidance of the City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the City. \\castor\ds\_Public Works\RFCA's\2U03 All\04-21-03\Sewer in Grant, 3rd, Sepulveda\Agreemem for Professional Services Grant-3rd $- Sepulveda.doc 6 EXHIBIT" A" 16. COVENANT AGAINST CONTINGENT FEE A. Consultant 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 Consultant for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE A. Consultant 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 Consultant under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provisions 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 Consultant 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 Consultant's operations, or any aspect of its performance under this Agreement. \\castor\ds\_Public Works\RFCA's\2003 All\04-21-03\Sewer in Gram. 3rd. Sepulveda\Agreement for Professional Services Grant-3rd S- Sepulveda.doc 7 EXHIBIT "A" 19. LIABILITYIINSURANCE Consultant shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Consultant 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 Consultant 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 Consultant. A. Errors and Omissions - The Consultant 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 Consultant 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 Consultant shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Consultant. 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. III III \\castor\ds\_Public Works\RFCA's\2003 All\04-21-03\Sewer in Grant, 3rd. Sepulveda\Agreement for Professional Services Grant-3rd S~ Sepulveda.doc 8 EXHIBIT "A" 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. Engineering Resources of Southern California, Inc. BY: Matt Brudin President CITY OF SAN BERNARDINO, A municipal corporation BY: Judith Valles, Mayor Approved as to form And Legal Content .lames F. Penman - City Attorney By: (L 7--Ihw- III 0 III \\caslOr\ds\_Public Works\RFCA's\2003 All\04-21-03\Sewer in Grant, 3rd, Sepulveda\Agreement for Professional Services Grant-3rd S- Scplllveu<l.dor.: 9 I --D ENGINEERING DESOURCES Of SOU1lBN ~ IIIC. EXHIBIT "R" November 21,2002 Attention: Mr. Raymond A. Casey Deputy Director/City Engineer Development Services Department CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA 92418-0001 RE: PROPOSAL TO PROVIDE PROFESSIONAL CIVIL ENGINEERING SERVICES FOR THE DESIGN OF SANITARY SEWER LINE REPLACEMENT ON BASELINE STREET, FROM CALIFORNIA STREET TO WILSON STREET; WILSON STREET, FROM BASELINE STREET TO 11TH STREET; "H" STREET, FROM 13TH STREET TO 17TH STREET Dear Mr. Casey, Engineering Resources of Southern California, Inc., is pleased to submit our proposal for the above referenced project. Our company brings to the City of San Bernardino, a staff of professional engineers, surveyors and technicians that possess unique design knowledge and experience in public works and municipal improvements. Our staff of engineers are experienced in all aspects of sewer and water improvements, storm drains facilities, roadway planning, design and rehabilitation as well as traffic signal design and modification, and right of way services. To make an effective system work, requires a team who is well versed in the interests of the community, in addition to being very experienced in city operations and processing. Our team has worked with the City of San Bernardino on numerous occasions, for various projects, and would welcome the opportunity to serve the City again. To augment our staff capabilities, we have added the following specialty firm to our team: . Ninyo & Moore Geotechnical and Environmental Science Consultants will provide geotechnical investigations, pavement corings and trench back-fill recommendations. Ninyo & Moore has worked with us on several successful projects. 1820 COMMERCENTER CIRCLE, SAN BERNARDINO. CALIFORNIA 92408-3430 PHONE (909)890-1255 - FAX (909) 890-0995 EXHIBIT "B" We thank you for the opportunity to submit this proposal and are looking forward to working with the City of San Bernardino. Should you have any questions or comments, please do not hesitate to contact me at (909) 890- 1255, extension 222. Sincerely, Engineering Resources of Southern California, Inc. TZlf~ Terrance A. Lane, P.E. Principal Engineer T AUshh EXHIBIT "B" INTRODUCTION Engineering Resources of Southern California, Inc., (ERSC) is pleased to submit this Proposal to the City of San Bernardino for "Professional Civil Engineering Services for the Design of Sanitary Sewer Line Replacement on Baseline Street from California Street to Wilson Street; Wilson Street from Baseline Street to I th Street; "H" Street from 13th Street to 17th Street". ERSC will be the prime consultant for the project and has assembled a team of experienced subconsultants, as required, to perform the services required for the selected project. We have worked with all of the subconsultants on previous successful projects. Engineering Resources of Southern Project Management California, Inc. (ERSC) Sewer Line RehabilitationlUpgrade Design Right of Way Research Utility Research & Coordination Bid Phase Support Ninyo .Ii Moore Geoteclmical Investigations Pavement Recommendations 5MBE Backfill Recommendations Inland Aerial Surveys Topographic Mapping We have reviewed the RFP, in particular the insurance requirements, and find that our insurance policies provide the required limits. We will also be able to enter an agreement for services with the insurance provisions as shown in the RFP. Mr. Terrance A. Lane, P.E., has been selected to serve as Project Manager for engineering services and will be the contact person for ERSC. He can be reached at our San Bernardino office as follows: Engineering Resources of Southern California, Inc. 1820 Commercenter Circle, San Bernardino, CA 92408 Phone - (909) - 890-1255, Ext. 222 - Fax - (909) - 890-0995 e-mail-tlane(@.erscinc.com Other key personnel selected to serve on this project include: . Moe Ahmadi, P.E., Senior Civil Engineer . Darrin Ginn, P.E., P.L.S., Project Engineer/Surveyor . Robert Alexander, Senior Engineering Technician Each team member is an experienced professional whose design history is indicated in the attached resumes. ERSC COMPANY PROFILES EXHIBIT "B" ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. Specializing in Municipal Engineering and the design of public works improvement projects, ERSC offers a myriad of services encompassing the planning and design of water/wastewater systems and infrastructure projects. Our services include the design and rehabilitation of wastewater and sewer collection facilities, flood control planning and storm drain systems, right of way engineering, water resources, streets and highways, as well as construction contract administration and inspection. ERSC is a 35 member, consulting engineering firm established to provide a broad range of professional services to cities, counties and state agencies as well as special districts throughout San Bernardino, Riverside, Los Angeles and Orange Counties. Our mission is to provide our clients the highest quality professional services in an efficient, expedient and cost-effective manner. Specializing in providing professional engineering to governmental agencies throughout Southern California, ERSC offers a variety of services encompassing planning, design, construction management and inspection for a diverse group of public works facilities. As you will see in this proposal, our experience is diverse and our talented and experienced staff has performed a wide range of assignments within the water/wastewater and public works arena Quality performance and the success of our team effort approach to each project is evidenced by our many repeat clients. Our professional services include the following engineering specialities: . Water Resources/Wastewater Facilities . Sewer Mains . Wastewater Treatment . Transmissions & Distribution Mains . Master Plans . Feasibility Studies . Project Studies and Reports . Reservoirs & Pumping Stations . Rate and Fee Analysis . Construction Administration/Inspection . Construction Management/Inspection . Contract Administration . Construction Management Plans . Constructability Review . Bid Package Analysis . Resident Engineering . On-site Inspection . FinallnspectionIWarranty . Flood Control and Drainage Design . Feasibility / Alignment Studies . Drainage Studies . Hydrology Studies . Master Drainage Plans . Hydraulic Design Manuals . Flood Plain Analysis . Regional Storm Drain Systems . Open Channel Improvements . Storm Drain Facilities . Transportation Engineering . Alignment Studies . R.O.W. Analysis & Documentation . Geometries . Roadway Design & Rehabilitation . Traffic SignalslEngineering . Signing and Striping Plans . Parking Facilities ERSC EXHIBIT "B" Because ERSC's clients have varying and individual needs, the resources, services and capabilities of the firm are flexibly organized to resolve diverse and complex challenges associated with project planning, design, operation and maintenance in a realistic and economic manner. SUBCONSULTANTS ERSChas worked as a team with all of the selected subconsultants on other successful projects. Theywere chosen for their quality of product, as well as on-time delivery. ERSC :::! '" w w ~ ;: , '" w w ~ ~ '" w w ~ .. '" w Iii w ~ w a: Ii; .. '" ~ w w ~ W 05 ...J ::J Z ~ C 0 '" w U) w J: ...J w 0 ~ ;: U) z iii .. C> Z '" US ::i w w W W ;: C U) l- e( m 0 '" w a: '" .., w 0 W w a: ~ ;: Q. U) ~ ~ '" w ~ w ~ Z e( ... U) '" w w ;: N '" W W ~ c.::l Z - ffjcn .......U z:U~ -1lC'" C,lI=! zc=i ---... ~ : Ifi ., ~ ~ I '" w w ~ . ~ ~ ~ ~ - ~ ~ g ~ ~ m 0- w ~ ~ :J ~ T I ~- I Tl+J.L'] iT!, : I I :-h-i+ rtrqt=I Ii I :! I.~- ,; ,,', i i i : i ii" I _L, I , ' -f.--td I +-HH I ;,+h ; ,-+1- +,.,+ I ,,] I TT'-i-J-i--Pi., T: : H : +1' l~+ ,-:11 -.--j...1 : :,--T! i I; '):1 -- I rTt-ti I : i - , '-;- 'I i I -I I , I- - - I I: ! I i.++ _+-_ - , II I ] , 'Ti I - - - f- ~<< I T 'fI' I I ! , " '~ .~ ,... ;) ''j; " .."', I r I , Iii !, i I i i 1. I ! -L1 : I I , i i I II ~ : ,I ~~ ~ 6 ~ i 51 flj! i 1:1 ~ .. I ~ ~ ~ ~I ;11 ~ II g i ~ ~ ~I ! III ! ~ ~ t; il! II II.I.'! !I · ; I i i I! II II 11"'1 <> EXHIBIT "B" U :!: .{ Z II: o ... :; -< u z II: w :z: I- j o III ... o IS = :t ! . o z i . z - o z . __E-.. IlESOURCES t1f__1IC. EXHIBIT "B" 1 OQ.OQOP April I? , 2003 Mr. Ray Casey, P.E. City Engineer City orSan Bernanlblo 300 North "D" Street San Bernardino CA 92418 SANITARY SEWER LINE REPLACEMENT GRANT AVENUE, 3"" STREET AND SEPULVEDA AVENUE Dear Ray: As requested, I have revised our Cost Proposal for the above referenced project. Attached for YOUT use are the following documents: 1. Labor by Personnel Hours per Task; 2. Fee Proposal Worksheet; and, 3. Hourly Rate Schedule, The production of this information is subject to the following conditions: . Fees quoted for potholing represent a budget providing for 6 to 8 potholes. . Geotechnical Engineering is limited to two (2) boring per location. Data identified from these borings is limited to pavementlbasethiclmess, groundwater presence and the suitability of in situ materials for trench backfill. Thank YOll in advance for this opportunity and we look forward to serving the City San Bernardino. !fyou have any questions regarding this proposal please give me a call at (909) 765-6622. Respectfully yours, ~ Matt Brudin, P.E. Principal MBflr 3550 l llOIIIll ArE. SUIlI B 110m, CA 92544 1'09) 765.6622 1'09) 7'5-6671 al wll:: ::.~ ZI-' w~ ~~ O c(m o~ z w::. o~:io ~w::;):I: ~lfifbiii O:mmz ~~~~ z-c(m c(c(l-'~ m!::ww I&.ZwA. o~~>- >- 1-'11I I-' m~ - om U 0:0 MU -0: S:o ~~ C)....I ....!a~~..~ '" CQN-q'~ ~ 00 ~! u uJ ..... Ir uJ eZ 2!12 u'" III o Ir o 0>- ~~ :> '" -,ll:: _UJ >uJ -z 0_ IrCl ",Z uJ CD" CD ~ ....... I- uJ UJ Z :r: 0_ '" mm I- UJ ~ 0)- <I: m <( J: l5<1: ~ zgj ::;: m uS: 0 Q>- UJ UJ wd. a: t-t: t/')..... ii a::n 0 <-, <ZO ..z-. o",zj: moZ I-Q~'i:~~~~::::Jm~~i=:;;l ~:5~UJUi=o><>-~o~ffi -Q.a::>i=OOW~:lI-<z ::::JgClClwozuwa::mwa..w zza::z>->-~::::JZ~ll!Cl <(j:i=O>!::!::Q.m~Q.Q.jjj <~~...Jt::::l~WOfJ)Wz..J I-XX~-'I-I-a:::Jwa::<!:: ..;UJUJU.-5:J:lQ.!!!0a......1- c ... Q. I- Z Z w o :l! W ~ Cl zz ..; -0 ~ 0_ ... a::l-m "" 8~z ~ uc~mz 58~~~ ZU&:~:; 6~-,liiG WQ~Ww I-~Ol-" ~o~8~ ...a..mOa. <D ... <D '" .. CD ~ .. '" <D ~ <D '" .. lit: :> o J: c uJ .... < :Ii ;:: r:l '" u; w :r: .... z W Ir < n. ;;;; Z :<: o :I: '" '" .... z :> o o "'.... ZIll OuJ -:r: li:'" ~~ ffln. <( EXHIBIT "B" c.i .s !i e J2 ::: ~ j " ~ o II) .... o III ~ o i .~ ~ III III ,r:: t CITY OF SAN BEl NARDINO SANITARY S1WER EXHIBIT "B" FEE PROPOSAL WORKSHEET Componv: Client Dale: lRev. Engineering Resources of Southern CA, Jnc; City of S.n Bernardino 11/21/2002 4/17/2D03 Project MlostoneIPhaselProjoct Summary: SanltalY Sewer. Grant. 3rd and Sepulveda Avenue PS&E LABOR PERSONNEL HOURS RAT AMOUNT Project Manger 38 1 0.00 $ 4,940.00 SenlOl' CIVIl Engineer 16 .00 $ 1,520.00 Land Surveyor 24 .00 S 2,280.00 Civil Designer 168 15.00 $ 12,600.00 CADD Technician 28 .00 S 1,680.00 Admin. Assistant 24 .00 S 960.00 2-Man Survey Crew 28 1 .00 S 5,320.00 TOTAL HOURS 326 TOTAL LABOR 129.300.00 I SUBCONSUL TANTS Pothole Consultant I 54,000.00 Inland Foundation Engineering I $8.400.00 TOTAL UBCONSUL TANTS $12,400.001 ESTIMATED REIMBURSABLE EXPENSES ITEM QUANTITY UNIT UNIT CC ST AMOUNT Mileage Lump Sum LS ~oo S SO.DO Telep/lone Lump Sum LS :a5.00 S 25.00 BlueprintinQ Lump Sum LS 2 0.00 $ 200.00 Postage and Handling Lump Sum LS .5.00 $ 25.00 TOTAL REIMBU~ SABLE EXPENSES S 300.00 I ESTIMATED TOTAL I S 42,000.00 Engineering Resources of Sou "em California, Inc. CITY OF SAN B RNARDINO SANITARY SEWER - GRANT 3RD AND SEPULVEDA HOURLYRATE CHEDULE CLASSIFICATION HOURLVRATE PROJECT MANAGER SENIOR CML ENGINEER LAND SURVEYOR CML DESIGNER CADD TECHNICIAN ADMINISTRATIVE ASSISTANT 2-MAN SURVEY CREW Engineering Resources of Sou ern California, Inc. EXHIBIT "B" $130.00 $ 95.00 $ 95.00 $ 75.00 $ 60.00 $ 40.00 $190.00 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION Date: 04/02/03 Subject: Authorization to execute Agreement for Professional Services with Engineering Resources of Southern California, Inc. for design of a proposed Sanitary Sewer Line Replacement in Grant Avenue from "I" Street to Bunker Hill; in 3rd Street from "G" Street to 4th Street; and in Sepulveda Avenue from 4th Street to 5th Street From: J ames Funk, Director Dept: Development Servic~s File No.: 3.7311,3.7313 & 3.7318 MCC Date: 04/21/03 Synopsis of Previous Council Action: July 15,2002 The Mayor and Common Council approved the FY 2002/03 Capital Improvements Program, which includes replacing the sewer lines in Grant Avenue from "I" Street to Bunker Hill; in 3rd Street from "G" Street to 4th Street; and in Sepulveda Avenue from 4th Street to 5th Street. Recommended Motion: Adopt Resolution. ~r~I-TF Signatur Contact Person: Robert Sepulveda, Engineering Associate Staff Report, Supporting data attached: Reso, Map & Agreement Phone: 5167 Ward: 1,3 FUNDING REQUIREMENTS: Amount: $46,500.00 Source: (Ace!. No.) 245-365-5504-7311, 245-365-5504-7312 & 245-365-7318 Sewer Line Replacement in Grant Avenue from "I" Street to Bunker Hill; in 3,d Street from "G" Street to 4th Street; and in Sepulveda Avenue from 4th Street to 5t1; Street (Acct. Description) Finance: Council Notes: 'I f!rJro- Agenda Item No. 12 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION ST AFF REPORT Subject: Authorization to execute an Agreement with Engineering Resources of Southern California, Inc. for design of a proposed Sanitary Sewer Line Replacement in Grant Avenue from "I" Street to Bunker Hill, in 3'd Street from "G" Street to 4th Street, and in Sepulveda Avenue from 4th Street to 5th Street. Backl(round: The Sewer System Master Plan (S.M.P.) was updated 14 October of 2002. The purpose of the S.M.P. is to evaluate the City's existing sewer system capacity, integrity and the systems ability to handle future land-use changes and redevelopment to the year 2020. The S.M.P. has made recommendations for improvements based on the new land use information, population projections obtained from current census data, and data captures from temporary flow monitoring. Hydraulic modeling was used to determine system deficiencies and determine sizing and alignments of new mains to eliminate deficiencies. The sewer system in Grant Avenue at this location is at 85% capacity. The sewer systems in Sepulveda Avenue and 3'd Street at these locations are at 100% capacity and would become pressurized with any future development up stream. Requests for Proposal (RFP) for Professional Civil Engineering Services were sent to 23 Civil Engineering firms both locally and to firms with a positive track record with the City. Each was requested to submit a design proposal for this project. Of the ten firms that responded 4 of them are from San Bernardino, both the Redlands and Colton Firms responded, and the rest are companies that have done work with us in the past. Proposals were received from: Company Location: Engineerin~ Resources ($42,000 not to exceed) San Bernardino AEI-CASC ($67,895 with Contin~encies) Colton John Egan & Associates Redlands Korve Engineering San Bernardino RBF Consulting ($49,350 not to exceed) Ontario Hall & Foreman, Inc. (submitted for Baseline Project om Grant Project) Upland Transtech Engineering, Inc. San Bernardino CBM Consulting, Inc. Gardena Dudek & Associates (submitted for Baseline Project not Gram Project) Anaheim Associated Engineers (submitted for Baseline Project not Grant Project) San Bernardino A selection committee consisting of Engineering Associate Ron Blymiller, Engineering Associate Robert Sepulveda, and Engineering Associate Lupe Comacho reviewed the proposals and selected RBF Consulting, AEI-CASC and Engineering Resources to be interviewed. The 2 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) basis of selection was a point system which evaluated the qualifications of each firm. No proposal amounts were reviewed during this phase of the process. The interview committee, consisting of Field Engineer Mike Grubbs, Engineering Associate Ron Blymiller, and Engineering Associate Robert Sepulveda interviewed the firms and recommended Engineer Resources and RBF Consulting, Inc. based on points earned from their proposal, previous experience, qualifications, interview and familiarity with sewer systems. The table below shows the points given for each of the three firms interviewed. Based on the committee's assessment of the proposals, Engineering Resources and RBF Consulting scored the same in the process and interview. Therefore, staff is recommending that the firm with a San Bernardino office be awarded the design contract for the negotiated price of $42,000. Firm Proposal Points Interview Points Total Points Engineering Resources 82 87 169 AEl-CASC 87 79 166 REF Consulting 86 83 169 Engineering Resources has a not-to-exceed fee for this work in the amount of $42,000.00. In addition, staff is requesting an allocation of a contingency amount of $4,500.00 (in the event of discovery of unforeseen conditions and/or the need and desirability to moderately expand the scope of work), for a total project cost of $46,500.00. Financial Impact: Sufficient funding for this project is available in Account Nos. 245-365-5504-7311,245-365- 5504-7312 and 245-365-5504-7318. Since these projects will be under one design package we are requesting that the amount of this agreement be evenly distributed. Recommendation: Adopt Resolution. 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF PROPOSED REPLACEMENT OF SANITARY SEWER LINES IN GRANT AVENUE, FROM "I" STREET TO BUNKER HILL; IN 3RD STREET, FROM "G" STREET TO 4TH STREET; AND IN SEPULVEDA AVENUE, FROM 4TH STREET TO 5TH STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION l. That the Mayor is authorized to execute an Agreement for Professional Services with Engineering of Southern California, Resources Inc address , for Professional Engineering Services for proposed replacement of sanitary sewer lines in Grant Avenue from "I" Street to Bunker Hill Drive, in 3rd Street, from "G" Street to 4th Street and in Sepulveda Avenue, from 4th Street to 5th Street. A contract is entered into with said firm for the actual costs incurred, not to exceed $49,350.00, with a contingency amount of $4,500.00, but such Agreement shall be effective only upon being fully executed by both parties. The Mayor is hereby authorized and directed to execute said Agreement on behalf of the City; a copy of the Agreement is attached as 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 take effect or become operative until fully signed and executed by the parties and no party shall 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. SECTION 3. This resolution is rescinded if the parties of the contract fail to execute it within sixty (60) days of passage of the resolution. III - 1 - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1 2 3 4 5 6 7 RESOLUTION... AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF PROPOSED REPLACEMENT OF SANITARY SEWER LINES IN GRANT AVENUE, FROM "I" STREET TO BUNKER HILL; IN 3RD STREET, FROM "G" STREET TO 4TH STREET; AND IN SEPUL VEDA AVENUE, FROM 4TH STREET TO 5TH STREET. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 8 _dayof , 2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MC GINNIS DERRY SUAREZ ANDERSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2003. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney 27 By: 28 - 2- EXIDBIT "A" 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 Engineering Resources of Southern California, Inc. hereinafter referred to as "CONSULTANT". WITNESSETH WHEREAS, City desires to obtain professional services to prepare plans, specifications, estimates, construction documents for the Design of Sanitary Sewer Line Replacements/Upgrades in Grant Avenue from "I" Street to Bunker Hill Drive, in 3rd Street from "G" Street to 4th Street, and in Sepulveda Avenue from 4th Street to 5th Street. WHEREAS, in order to develop plans, specifications, estimates and construction documents, it is necessary to retain the professional services of a qualified Consultant and consulting firm; and WHEREAS, Consultant is qualified to provide said professional services; and WHEREAS, San Bernardino City Council has elected to engage the services of Consultant upon the terms and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES The scope of work shall conform to Exhibit "B" attached hereto and made a part hereof and shall include, but not be limited to, review of the sewer master plans prepared by PSOMAS, identify and coordinate with utility companies within the vicinity, pot hole existing utilities as required to identify potential conflicts, investigation of pavement material, thickness and sub-surface materials, identify existing locations of sewer laterals, prepare plan and profile of the proposed improvements, quantity estimate and modify City Standard Specifications to fit the project. The PS & E must conform to the requirements of the City of San Bernardino and the Standard Specifications for Public Works Construction (Green Book), latest edition. Upon completion of the Consultant's work, the City should have in hand, both an electronic, and a hard copy of an approved and signed set of completed plans, specifications and estimates ready for bidding with all supporting data, calculations, utility locations and other details necessary to complete the project in a format acceptable to the City. \\castor\ds\_Public Works\RFCA's\2003 All\04-21-03\Sewer in Grant. 3rd. Sepulveda\Agreement for Professional Services Grant-3rd S. Sepulveda.doc EXHIBIT "A" Consultant should expect to meet with the City on a regular basis for updates on project progress, concerns, problems and accomplishments. Preliminary contact and coordination with utilities affected by the work is also considered to be a part of the Consultant work. The project must be completed within 3 months after the notice to proceed is issued. 2. TERM OF AGREEMENT Consultant to commence within ten (10) days after the City has authorized work to start by issuance of a Notice to Proceed and complete all work within the time frame indicated in Exhibit "B" attached hereto. 3. STANDARD OF PERFORMANCE Consultant shall complete all work products and design in conformance with Standard Specifications for Public Works Construction, Green Book, 2003 edition, Uniform Plumbing Code (UPC), latest Edition, 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 Consultant 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 Consultant 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 Consultant 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. Upon satisfactory completion of the work, the Consultant will be paid a not to exceed fee of $49,350.00, in arrears, for all work and services performed under this contract, and upon receipt of itemized invoices, submitted in triplicate to the City Engineer. The invoice amount will be based on a percentage completion by task. For the purpose of invoicing, \\castor\ds\_Public Works\RFCA's\2003 All\04-21-03\Sewer in Grant. 3rd. Sepulveda\Agreemem for Professional Services Grant-3rd S- Sepulveda.doc 2 EXHIBIT" A" certain tasks may be combined in assessing percentage completion. Consultant will submit an invoice to the City monthly, unless otherwise authorized by the City Engineer. 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 Consultant shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Consultant. Any adjustment of the total cost of services will only be permitted when the Consultant establishes and City has agreed in writing that there has been, or is to be, a significant change in: I. 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 Consultant is required to comply with all Federal, State and Local laws and ordinances applicable to the work. 6. PAYMENT BY CITY No payment will be made for any work performed prior to approval of this contract by City and issuance by City of Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES The Director of Development Services of City, or his designee, shall have the right of general supervision over all work performed by Consultant and shall be City's agent with respect to obtaining Consultant'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. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Consultant 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. Consultant shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such \\castor\ds\_Public Works\RFCA's\2003 AlI\04.21-03\Sewer in Grant. 3rd, Sepulveda\Agreement for Professional Services Grant-3rd S- Sepulveda.doc 3 EXHIBIT "A" 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 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 Consultant for all the fees, charges and services performed to City's satisfaction by Consultant, which finding of satisfaction shall not be unreasonably withheld. Consultant hereby covenants and agrees that upon termination of this Agreement for any reason, Consultant 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, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Consultant from any claims, losses, costs, including attorney's fees and liability arising out of such use. B. This agreement may be terminated for the convenience of the City upon thirty-(30) days written notice to Consultant. Upon such notice, Consultant shall provide work product to City, and City shall compensate Consultant 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 Consultant, Consultant 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 Consultant such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. \\casror\ds\_Public Works\RFCA's\2003 AII\04-21-03\Sewer in Grant, 3rd. Sepulveda\Agreement for Professional Services Grant-3rd $- Sepulveda.doc 4 EXHIBIT "A" Increases in payment shall be made only under the "changes" provision of this Agreement. Consultant 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 Consultant shall act as an independent contractor in the performance of the services provided for under this Agreement. Consultant shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of the City. 12. ASSIGNMENT OR SUBCONTRACTING Consultant may not assign this Agreement, or any portion without the written consent of City. Any attempt by Consultant 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 Consultant and City: CONSULTANT CITY Matt Brudin President Engineering Resources of Southern California, Inc. 1820 Commercenter Circle San Bernardino, CA 92408 Mr. James Funk Director of Development Services City of San Bernardino 300 North "D" Street San Bernardino. CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Consultant may reasonably rely upon the accuracy of data provided through the City or its agents. B. 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. \\casror\ds\_Public Works\RFCA's\2003 All\04-21-03\Sewer in Grant. 3rd, Sepulveda\Agreement for Professional Services Grant-3rd $- Sepulveda.doc 5 EXHIBIT "A" C. 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. D. The Consultant 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 Consultant under this agreement; further, the Consultant 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 Consultant. E. 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 Consultant, sub-Consultant, 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, FHWA, 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 Consultant 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 Consultant represents his judgement as a design professional and is supplied for the general guidance of the City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the City. \\castor\ds\_Public Works\RFCA's\2003 AIl\04-21-03\Sewer in Grant. 3rd. Sepulveda\Agreement for Professional Services Grant.3rd S- Sepulveda.doc 6 EXHIBIT "A" 16. COVENANT AGAINST CONTINGENT FEE A. Consultant 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 Consultant for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE A. Consultant 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 Consultant under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provisions 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 Consultant 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 Consultant's operations, or any aspect of its performance under this Agreement. \\castor\ds\_Public Works\RFCA's\2003 AlI\04-21-03\Sewer in Grant. 3rd. Sepulveda\Agreement for Professional Services Grant.3rd S- Sepulveda.doc 7 EXHIBIT" A" 19. LIABILITYIINSURANCE Consultant shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Consultant 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 Consultant 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 Consultant. A. Errors and Omissions - The Consultant 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 Consultant 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 Consultant shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Consultant. 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. III III \\castor\ds\_Public Works\RFCA's\2003 AII\04-21-03\Sewer in Grant. 3rd. Sepulveda\Agreement for Professional Services Grant-3rd S- SepulvtXIa.doc 8 EXHIBIT "A" 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. Engineering Resources of Southern California, Inc. BY: Matt Brodin President CITY OF SAN BERNARDINO, A municipal corporation BY: Judith Valles, Mayor Approved as to form And Legal Content James F. Penman - City Attorney By: III III \\castor\ds\_Public Works\RFCA's\2003 AII\04-21-03\Sewer in Grant. 3rd. Sepulveda\Agreement for Professional Services Grant-3rd S- S~pulveda.doc 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF PROPOSED REPLACEMENT OF SANITARY SEWER LINES IN GRANT AVENUE, FROM "I" STREET TO BUNKER HILL; IN 3RD STREET, FROM "G" STREET TO 4TH STREET; AND IN SEPUL VEDA AVENUE, FROM 4TH STREET TO 5TH STREET. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor is authorized to execute an Agreement for Professional Services with Engineering Resources of Southern California, Inc., 1820 Commercenter Circle, San Bernardino, California 92408, for Professional Engineering Services for proposed replacement of sanitary sewer lines in Grant Avenue from "I" Street to Bunker Hill Drive, in 3'd Street, from "G" Street to 4th Street and in Sepulveda Avenue, from 4th Street to 5th Street. A contract is entered into with said firm for the actual costs incurred, not to exceed $42,000.00, with a contingency amount of $4,500.00, but such Agreement shall be effective only upon being fully executed by both parties. The Mayor is hereby authorized and directed to execute said Agreement on behalf of the City; a copy of the Agreement is attached as 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 take effect or become operative until fully signed and executed by the parties and no party shall 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. SECTION 3. This resolution is rescinded if the parties of the contract fail to execute it within sixty (60) days of passage of the resolution. III - 1 - 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 1 2 3 4 5 6 7 RESOLUTION... AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR PROFESSIONAL ENGINEERING SERVICES FOR THE DESIGN OF PROPOSED REPLACEMENT OF SANITARY SEWER LINES IN GRANT AVENUE, FROM "I" STREET TO BUNKER HILL; IN 3RD STREET, FROM "G" STREET TO 4TH STREET; AND IN SEPUL VEDA AVENUE, FROM 4TH STREET TO 5TH STREET. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the 8 ~dayof , 2003, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LONGVILLE MC GINNIS DERRY SUAREZ ANDERSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2003. Judith Valles, Mayor City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: - 2- EXHIBIT "A" 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 Engineering Resources of Southern California, Inc. hereinafter referred to as "CONSULT ANT" . WITNESSETH WHEREAS, City desires to obtain professional services to prepare plans, specifications, estimates, construction documents for the Design of Sanitary Sewer Line Replacements/Upgrades in Grant Avenue from "I" Street to Bunker Hill Drive, in 3rd Street from "G" Street to 4th Street, and in Sepulveda A venue from 4th Street to 5th Street. WHEREAS, in order to develop plans, specifications, estimates and construction documents, it is necessary to retain the professional services of a qualified Consultant and consulting firm; and WHEREAS, Consultant is qualified to provide said professional services; and WHEREAS, San Bernardino City Council has elected to engage the services of Consultant upon the terms and conditions as hereinafter set forth; and NOW, THEREFORE, it is mutually agreed, as follows: I. SCOPE OF SERVICES The scope of work shall conform to Exhibit "B" attached hereto and made a part hereof and shall include, but not be limited to, review of the sewer master plans prepared by PSOMAS, identify and coordinate with utility companies within the vicinity, pot hole existing utilities as required to identify potential conflicts, investigation of pavement material, thickness and sub-surface materials, identify existing locations of sewer laterals, prepare plan and profile of the proposed improvements, quantity estimate and modify City Standard Specifications to fit the project. The PS & E must conform to the requirements of the City of San Bernardino and the Standard Specifications for Public Works Construction (Green Book), latest edition. Upon completion of the Consultant's work, the City should have in hand, both an electronic, and a hard copy of an approved and signed set of completed plans, specifications and estimates ready for bidding with all supporting data, calculations, utility locations and other details necessary to complete the project in a format acceptable to the City. \\castor\ds\_Public Works\RFCA's\2003 All\04-21-03\Sewer in Grant, 3rd. Sepulveda\Agreement for Professional Services Grant-3rd $- Sepulveda.doc EXHIBIT "A" Consultant should expect to meet with the City on a regular basis for updates on project progress, concerns, problems and accomplishments. Preliminary contact and coordination with utilities affected by the work is also considered to be a part of the Consultant work. The project must be completed within 3 months after the notice to proceed is issued. 2. TERM OF AGREEMENT Consultant to commence within ten (10) days after the City has authorized work to start by issuance of a Notice to Proceed and complete all work within the time frame indicated in Exhibit "B" attached hereto. 3. STANDARD OF PERFORMANCE Consultant shall complete all work products and design in conformance with Standard Specifications for Public Works Construction, Green Book, 2003 edition, Uniform Plumbing Code (UPC) , latest Edition, 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 Consultant 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 Consultant 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 Consultant 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. Upon satisfactory completion of the work, the Consultant will be paid a not to exceed fee of $42,000.00, in arrears, for all work and services performed under this contract, and upon receipt of itemized invoices, submitted in triplicate to the City Engineer. The invoice amount will be based on a percentage completion by task. For the purpose of invoicing, \\castor\ds\_Public Works\RFCA's\2003 AlI\04-21.03\Sewer in Grant, 3rd, Sepulveda\Agreement for Professional Services Grant.3rd S- Sepulveda.doc 2 EXHIBIT "A" certain tasks may be combined in assessing percentage completion. Consultant will submit an invoice to the City monthly, unless otherwise authorized by the City Engineer. 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 Consultant shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Consultant. Any adjustment of the total cost of services will only be permitted when the Consultant establishes and City has agreed in writing that there has been, or is to be, a significant change in: I. 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 Consultant is required to comply with all Federal, State and Local laws and ordinances applicable to the work. 6. PA YMENT BY CITY No payment will be made for any work performed prior to approval of this contract by City and issuance by City of Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES The Director of Development Services of City, or his designee, shall have the right of general supervision over all work performed by Consultant and shall be City's agent with respect to obtaining Consultant'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. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Consultant 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. Consultant shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such \\castor\ds\_Public Works\RFCA's\2003 AlI\04-21-03\Sewer in Grant, 3rd, Sepulveda\Agreement for Professional Services Grant-3rd S- Sepulveda.doc 3 EXHIBIT "A" 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 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 Consultant for all the fees, charges and services performed to City's satisfaction by Consultant, which finding of satisfaction shall not be unreasonably withheld. Consultant hereby covenants and agrees that upon termination of this Agreement for any reason, Consultant 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, other than their originally intended use, shall be at the sole risk of the City, and the City . agrees to hold harmless and indemnify Consultant from any claims, losses, costs, including attorney's fees and liability arising out of such use. B. This agreement may be terminated for the convenience of the City upon thirty-(30) days written notice to Consultant. Upon such notice, Consultant shall provide work product to City, and City shall compensate Consultant 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 Consultant, Consultant 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 Consultant such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. \\castor\ds\_Public Works\RFCA's\2003 All\04-21-03\Sewer in Grant, 3rd. Sepulveda\Agreement for Professional Services Grant-3rd S- Sepulveda.doc 4 EXHIBIT "A" Increases in payment shall be made only under the "changes" provision of this Agreement. Consultant 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. II. INDEPENDENT CONTRACTOR Consultant shall act as an independent contractor in the performance of the services provided for under this Agreement. Consultant shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of the City. 12. ASSIGNMENT OR SUBCONTRACTING Consultant may not assign this Agreement, or any portion without the written consent of City. Any attempt by Consultant 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. \3. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Consultant and City: CONSULTANT CITY Matt Brudin President Engineering Resources of Southern California, Inc. 1820 Commercenter Circle San Bernardino, CA 92408 Mr. James Funk Director of Development Services City of San Bernardino 300 North "0" Street San Bernardino. CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Consultant may reasonably rely upon the accuracy of data provided through the City or its agents. B. 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. \\castor\ds\_Public Works\RFCA's\2003 AI1\04-21-03\Sewer in Grant, 3rd. Sepulveda\Agreement for Professional Services Grant-3rd S- Sepulveda.doc 5 EXHIBIT "A" C. 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. D. The Consultant 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 Consultant under this agreement; further, the Consultant 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 Consultant. E. 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 Consultant, sub-Consultant, 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 Consultant 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 Consultant represents his judgement as a design professional and is supplied for the general guidance of the City. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the City. \\castor\ds\_Public Works\RFCA's\2003 AIl\04.21-03\Sewer in Grant. 3rd. Sepulveda\Agreemem for Professional Services Grant.3rd S- Sepulveda.doc 6 EXHIBIT "A" 16. COVENANT AGAINST CONTINGENT FEE A. Consultant 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 Consultant for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE A. Consultant 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 Consultant under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provisions 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 Consultant 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 Consultant's operations, or any aspect of its performance under this Agreement. \\castor\ds\_Public Works\RFCA's\2003 Al1\04-21-03\Sewer in Grant, 3rd, Sepulveda\Agreement for Professional Services Grant-3rd S- Sepulveda.doc 7 EXHIBIT" A" 19. LIABILITYIINSURANCE Consultant shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Consultant 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 Consultant 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 Consultant. A. Errors and Omissions - The Consultant 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 Consultant 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 Consultant shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Consultant. 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. III III \\castor\ds\_Public Works\RFCA's\2003 AJ1\04-21-03\Sewer in Grant, 3rd. Sepulveda\Agreement for Professional Services Grant-3rd S- St:pulveda.doc 8 EXHIBIT "A" 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. Engineering Resources of Southern California, Inc. BY: Matt Brodin President CITY OF SAN BERNARDINO, A municipal corporation BY: Judith Valles, Mayor Approved as to form And Legal Content James F. Penman ~ City Attorney By: III III \\castor\ds\]ublic Works\RFCA's\2003 All\04-21-03\Sewer in Grant. 3rd. Sepulveda\Agreement for Professional Services Grant-3rd S- St:pulvt:da.doc 9 ~E__ DESOU_ DfSlllll___ EXHIBIT "B" 1 OO.OOOP April I7, 2003 Mr. Ray Casey, P.E. City Engineer City or Sail Bernardlllo 300 North ''0'' Street San Bernardino CA 92418 SANITARY SEWER LINE REPLACEMENT GRANT AVENUE, 3M STREET AND SEPUL VEDA AVENUE Dear Ray: As requested, I have revised our Cost Proposal for the above referenced project. Attached for YOUT use are the following documents: 1. Labor by Personnel Hours per Task; 2. Fee Proposal Worksheet; and, 3. Hourly Rate Schedule. The production of this information is subject to the folIowing conditions: . Fees quoted for potholing represent a budget providing for 6 to 8 potholes. . Geotechnical Engineering is limited to two (2) boring per location. Data identified from these borings is limited to pavementlbasethickness, groundwater presence and the suitability of in situ materials for trench backlilI' Thank YOll in advanee for this opportunity and we look forward to serving the City San Bernardino. If you have any questions regarding this proposal please give me a call at (909) 765-6622. Respectfully yours, ~ Matt Brodin, P.E. Principal MB/lr 3550 E. FlOIlDA All. SuI1l B 110m, CA 92544 ('0') 765.6422 (909)765-6621 fAX wll::: ::I:l ZI- WlX ~W D. o <((I) z glX _ >::1 OlX-IO lXw:J:J: <(3:D.-1 ZWWW ct:(I)(I)Z ~.....QZ ""zO Zct:<((I) <(<(l-lX (l)t:WUJ II.ZUJD. O~lX>- >- I-lD I- (1)1- - 0(1) CJ lXO c?u -ct: ~O ~~ (!)-I ~ ~I~r ~ '" w ~ ~1f ~r~r~ f ;; ~ ~ ., ., :.Ii: ~ ~ ... !!! r~1 'i: .11 h~ i f j; · ! 1~~JI 1;2 ~ ~Ii~ill- - ij~1N'" 1":1 k;ilN ~!12 ,?: I!~I Kfi <( ~ [(;~ f:, [~; 1,~:1 ~i!il ii: m~l !t~ ."~ · "1"' .. "" ! ~1!~)1 " J,i~ m' ~~! "" -1" 0" li~ f5i ~ilifill'" ... co ~~< u w .... I!: w s/z ~!2 Uffi c o~, ~~I;'" :) '" ., ii: :! '" JI!: _w >w ~ ~~g!l Ul ~ f::~:~- .... 1!:1Iji;lj~ ~~ fH lL::;: I- w W ~ 15 ~ 00 ~I;;{I* l3 00 6 00 lL JI~I~ It>- - zjilj ~:I:- o ~ S 0 >- W ~ I~ OJ a:; f=t: t/')..... $ ~ ~q 0 <... <zO 001_ ~zoo oooZ~ >-moZ ZI~ ....Qz~~~~~:)oow~~~ ~1- ~~~wu~o><i::i~O~ffi lLW 58~~~5~8:::~iil~~ffi ~~ ZZltz>->-a::>za:wCl a:... .a:~i=O>-!:::!:::~(I)f2~g:w w- <!!!!!!...!::::!:!wgoowz..... ;;:~w ....xx~Jt--t--a: WIt<!:: w <(WWILS-::l::llL!!!ClL..J1- 000 o ... lL w - - C:ON"lit~ :\' )': ]0 w - .,N'" t-- Z Z W o ::;; W ~ Cl zz < -0 ~ 0- ... a:l--oo "" O<z 00 O~O Cl U~U)ffl~ ~8~~lli ZU&:~:::!: i5~"'~b w~~ww t-- ul-:-. o wooo WOlLOa: CllLOOUlL ., N ~ <0 ~ '" '" <II << :) o J: ~ or :E 1= lZ '" iij w r I- z ~ <( lL ~ '" ;.; o :J: '" r/) I- :z :) o U rJll- zw ow -r li:rJl ::;:z ::l:5 ~lL <( EXHIBIT "B" c.l .s .Ii e oE ::: ~ ~ ::J o Ii) .... o I o ~ .r ... GI GI .r:. 61 .fi CITY OF SAN BEb. NARDINO SANITARY S . R EXHIBIT "B" FEE PROPOSAL WORKSHEET Company: ClIent Dale: IRev. Engineering Resources of Southern CA, In.. City of S,n Bernardino 11/2112002 4/17/2003 project M__ProjoctSUmmary: SanItary Sewer' Grant. 3rd and Sepulveda Avenue PS&E LABOR PERSONNEL HOURS RAT AMOUNT Project Manger 38 1 .00 $ 4.940.00 Sentor CIVIl Engineer 16 .00 S 1.520.00 Land Surveyor 24 .00 S 2,280.00 Civil Designer 168 .00 $ 12,600.00 CADD Technician 28 .00 S 1,680.00 Admin. Assislant 24 .00 $ 960.00 2-Man Survey Crew 28 1 .00 $ 5,320.00 TOTAl HOURS 326 TOTAL LABOR 529.300.00 I SUBCONSULTANTS Pothole Consultant T $4.000.00 Inland foundatiOn Engineering I $8.400.00 TOTAL UBCONSUL TANTS $12,400.001 ESTIMATED REIMBURSABLE EXPENSES ITEM QUANTITY UNIT UNIT COST AMOUNT Mileage LumD Sum LS .50.00 S 50.00 Telephone Lumo Sum LS ~5.oo $ 25.00 Blueprinting Lump Sum LS 200.00 S 200.00 PDStage and Handling Lump Sum LS ;15.00 $ 25.00 TOTAL REIMBU~ABLE EXPENSES S 300,00 I ESTIMATED TOTAl I S 42,000.00 Engineering Resources of SOUi hem Califomia, Inc. EXHIBIT "B" CITY OF SAN B RNARDINO SANITARY SEWER - GRANT 3RD AND SEPULVEDA HOURLYRATE CHEDULE CLASSIFICATION PROJECT MANAGER SENIOR CML ENGINEER LAND SURVEYOR CIVIL DESlGNhR CADD TECHNICIAN ADMINISTRATIVE ASSISTANT 2-MAN SURVEY CREW HOURLY RATE Engineering Resources of SOU. ern California, Inc. $130.00 $ 95.00 $ 95.00 $ 75.00 $ 60.00 $ 40.00 $190.00