HomeMy WebLinkAbout12-Development Services
. .
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From:
James Funk, Director
OR1G\NAL
Subject: Authorization for the Director of
Development Services to solicit
proposals for Professional Civil
Engineering Services for the design of
Sanitary Sewer Line
Replacements/Upgrades in "E" Street,
Chandler Place, Inland Center Drive,
Virginia Street, 17th Street, an alley
south of Jefferson Street, and
Arrowhead A venue and that the
attached RFP format be authorized for
future use to solicit proposals for
future Public Works Projects.
MCC Date: 09-02-03
Dept:
Development Services
Date:
August 27, 2003
File No.:
3.7315
Synopsis of Previous Council Action:
05/05/03
Rejected all proposals and directed staff to conduct a new RFP process to
obtain Professional Services for design of sanitary sewer lines.
Recommended Motion:
Authorize the Director of Development Services to solicit proposals for Professional Civil
Engineering Services for the design of sanitary sewer line replacement/upgrades in "E" Street,
from Hunts Lane to Mckay Drive; Chandler Place, from "E" Street to Orange Show Road;
Inland Center Drive, from "H" Street to 1-215 Frwy.; Inland Center Drive, from Scenic Drive
to 1-215 Frwy.; Virginia Street, from "I" Street to "H" Street; 17th Street, from "I" Street to
"H" Street; an alley South of Jefferson Street to Inland Center Drive; and Arrowhead Avenue
from Mill Street to Chandler Place; and that the attached RFP format be authorized for use to
solicit proposals for future Public Works projects. r ~
James Funk
Contact Person: Michael Grubbs, Acting City Engineer Phone:
Supporting data attached: Staff Report, Map, RFP Template Ward:
& Sample Agreement
5179
1,2,3,7
FUNDING REQUIREMENTS: Amount: None
Source: (Acc!. No.) Not Applicable
(Acc!. Description)
Finance:
Council Notes:
t:t: J J II~
+ld.{~
Agenda Item No. J J-.,
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Authorization for the Director of Development Services to solicit proposals for Professional Civil
Engineering Services for the design of Sanitary Sewer Line ReplacementslUpgrades in "E" Street,
Chandler Place, Inland Center Drive, Virginia Street, ITh Street, an alley south of Jefferson Street, and
Arrowhead Avenue; and that the attached RFP format be authorized for use to solicit proposals
for future Public Works Projects.
Back~round:
The Sewer Collection System Master Plan (hereinafter referred to as "Sewer Master Plan") was
prepared under an agreement between the City and Psomas for the purpose of studying the City's
existing sewer system capacity, integrity and the system's ability to handle future land-use changes and
redevelopment to the year 2020. Psomas has made recommendations for improvements based on the
new land-use information provided by the City, population projections obtained from current census
data, and data captures from temporary flow monitoring the City has contracted as part of this project.
Hydraulic modeling was used to determine system deficiencies and determine sizing and alignments of
new mains to eliminate deficiencies.
Based on the results of the Sewer Master Plan study, staff recommended 24 sewer replacement/upgrade
projects for inclusion in the FY 2003/04 Capital Improvement Program with an estimated total
construction value of $5,183,200. After reviewing each of the projects, the Acting City Engineer and
Development Services Director concluded that 16 of the sewer replacement/upgrade projects with a
total construction valuation of approximately $2,722,500 could be most efficiently designed using in-
house staff. Design of several of these projects has commenced.
However, staff concluded that 8 of the projects with a total construction valuation of approximately
$2,460,700 are of such size or complexity that they could best be completed by an outside consultant
due to the shortage of in-house expertise to do this type of design. The following projects are
recommended to be designed by Professional Civil Engineering Consultants: (Note: Due to the value of
the work, staff is recommending that two RFP's be issued).
CIP Line
Number
SW04-02
SW04-1O
SW04-11
SW04-20
SW04-21
SW04-22
SW04-29
Description
"E" Street from Hunts Lane to Mckay Drive
Chandler Place from "E" Street to Orange Show Road
Inland Center Drive from "H" Street to 1-215 Frwy
Inland Center Drive from Scenic Drive to 1-215 Frwy
Virginia Street from "I" Street to "H" Street
17th Street from "I" Street to "H" Street
Alley South of Jefferson Street to Inland Center Drive
~_: ~ .
Est. Construction
Cost
$ 504,700
$ 217,000
$ 54,000
$ 54,000
$ 85,000
$ 198,000
$ 34,000
2
CITY 01<' SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
(Continued)
It is anticipated that the amount of the consultant fee for each of the Agreements For Professional
Services, which may result from each RFP process, will be greater than $25,000. Under the provisions
of Chapter 3.04.085B of the Municipal Code, "Contractual services with a value in excess of twenty-
five thousand dollars must be approved by the Mayor and Common Council pursuant to Requests for
Proposals as authorized by the Mayor and Common Council. "
Attached is a copy of the proposed Request for Proposal (RFP) format for non-federally funded
projects. The format has been revised to include an allowance of five (5) additional points for local
preference out of a possible 100 points from the evaluation of proposals and also five (5) additional
points for local preference out of a possible 100 points on the selection interview. Firms that have an
office in the City, possess a City Business License and have a minimum of two (2) employees working
in the office or in the field but stationed at the office will receive the additional 5 % percent local
preference credit. Also, proposed fees would be evaluated and scored commencing with the review of
the proposals and included as part of the staff report to the Mayor and Common Council.
Once the "top" consultant was selected based on the ratings, it may be necessary to continue to
negotiate fees satisfactory to the City. If authorization is given to proceed, staff believes that the sewer
projects, identified above, can be under construction by March of 2004. Staff proposes to use this
review and evaluation and attached documents as a template for future RFP's for non-federally funded
sewer projects, as well as other non-federally funded public works projects.
Financial Impact:
The cost of staff time necessary to prepare these RFP's and to conduct the evaluation and
recommendation for the selection process, as well as the cost of administrating the consultant
Agreements, will be charged to the respective account numbers for the projects. The account numbers
will be obtained from the Finance Department after approval of the FY 2003/04 Capital Improvement
Program.
The following allocations are proposed to be made from the Sewer Construction Fund in the FY
2003/04 Capital Improvement Program Budget:
CIP LINE
NUMBER
SW04-02
SW04-1O
SW04-11
SW04-20
SW04-2l
SW04-22
SW04-29
DESCRIPTION
Carryover
FY 02/03
504,700
ACCT NO.
245-365-5504-7315
NEW
FY 03/04
o
"E" Street from Runts Lane to $
Mcka Drive.
Chandler Place from "E" Street to $
Oran e Show Road.
Inland Center Drive from "R" Street $
to 1-215 Freewa .
Inland Center Drive from Scenic $
Drive to 1-215 Freewa .
Virginia Street from "I" Street to $
"H" Street.
17th Street from "I" Street to "R" $
Street.
Alley South of Jefferson Street to $
Inland Center Drive.
217,000
245-365-5504-
54,000
245-365-5504-
54,000
245-365-5504-
85,000
245-365-5504-
198,000
245-365-5504-
34,000
245-365-5504-
3
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
(Continued)
CIP LINE
NUMBER
SW04-25
DESCRIPTION
NEW
FY 03/04
1,314,000
ACCT NO.
Arrowhead A venue from Mill Street $
to Chandler Place.
245-365-5504-
Recommendation:
Authorize the Director of Development Services to solicit proposals for Professional Civil Engineering
Services for the design of Sanitary Sewer Line Replacement/Upgrades in "E" Street, from Hunts Lane
to Mckay Drive; Chandler Place, from "E" Street to Orange Show Road; Inland Center Drive, from
"H" Street to 1-215 Freeway.; Inland Center Drive, from Scenic Drive to 1-215 Freeway.; Virginia
Street, from "I" Street to "H" Street; 17th Street, from "I" Street to "H" Street; an alley South of
Jefferson Street to Inland Center Drive; and Arrowhead A venue from Mill Street to Chandler Place;
and that the attached RFP format be authorized for use to solicit proposals for future Public
Works projects.
4
""
City of San Bernardino
Development Services Department
REQUEST FOR PROPOSAL
(FOR NON-FEDERALLY FUNDED PROJECTS)
TO
PROVIDE PROFESSIONAL CIVIL ENGINEERING
FOR
THE DESIGN OF SANITARY SEWER LINE REPLACEMENTIUPGRADE
AT THE FOLLOWING LOCATIONS:
PROJECT LOCATION
PUBLIC WORKS DIVISION
DEVELOPMENT SERVICES DEPARTMENT
AUGUST 2003
Page 1 of 6
I. INTRODUCTION
The City of San Bernardino wishes to obtain the services of a professional civil
engineering firm to prepare 24"x36" plans, specifications and estimate cost (PS & E), for
the proposed sanitary sewer line replacement/upgrade at the following locations:
PROJECT LOCATION
The current sewer flow, at these locations, has exceeded, or is projected to exceed, the
capacity limit of the existing pipe.
II. DESCRIPTION OF PROJECT
The scope of work shall include, but not be limited to, review of the sewer master plans
prepared by Psomas, identification and coordination with all utility companies in the
project area(s) impacting the project, potholing existing utilities as required to identify
potential conflicts, investigating pavement material, thickness and sub-surface materials,
identifying existing locations of sewer laterals, preparing plan and profiling of the
proposed improvements, using the programs of AutoCAD 2000, preparing and
completing quantity estimates in the program of Microsoft Excel 97 and, subject to the
approval of the City Engineer, modifying City Standard Specifications in the program of
Microsoft Word 97 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 consultant shall provide the City both an
electronic and a hard copy of an approved and signed set of completed plans,
specifications and estimates ready for bidding including all supporting data, calculations,
utility locations, utility notices 151 and 2nd, survey data, and other details necessary to
complete this project in a format acceptable to the City.
Consultant should expect to meet with the City on a weekly basis for updates on project
progress, concerns, problems and accomplishments. Contact and coordination with
utilities affected by the work is also considered to be a part of the consultant's work.
The project design must be completed within 90 calendar days after the Notice to Proceed
is issued.
III. PROPOSAL REQUIREMENTS
A. Four (4) copies of the proposal shall be submitted to the following:
City of San Bernardino
Department of Development Services
Division of Public Works
ATTN: Mr. Michael Grubbs, Acting City Engineer
300 North "D" Street, 3'd Floor
San Bernardino, CA 92418
Page 2 of 6
S:\_Public Works\RFCA's\2003 All\09-02-03\RFP Request for Approval\RFP Template 07~28-03.doc
Proposals shall be received in hand by the City Engineer or, if the City Engineer is
not available, his designee prior to the hour of 4:30 p.m. on
B. Proposal shall indicate the following in a detailed manner:
I. Past experience on similar projects.
2. Staff persons specifically assigned to the project at the professional level.
Short resumes may be included, but extensive resumes should be limited
to key personnel only.
3. A flow chart for the completion of each of the identified tasks showing
work hours by classification, as well as calendar time, including
allowances for review periods.
4. Previous obligations with other projects (related to time and availability of
staff).
5. Support personnel to be used.
6. Name of sub-consultants to be used for specific aspects of the project,
including a summary of previous working arrangements on similar types
of work.
7. Statement of local preference eligibility, including identification of any
office located in the City of San Bernardino and the number of employees
stationed at the office, the number of employees doing business inside the
City limits, and a machine copy of your firm's City of San Bernardino
Business License.
8. Items, actions or information the Consultant expects to be provided by the
City.
9. Any comments or suggestion that the Consultant believes necessary to
improve the finished project or to comply with the requirements of this
RFP.
10. Separate sealed envelope. Fixed fee or not-to-exceed fee for the work
required by this RFP, together with an hourly rate sheet applicable to this
project for classifications above, including all materials and expenses,
shall be submitted in a separate sealed envelope. Please note that the City
will not pay or compensate for travel time, courier services, mileage or
reimbursement for travel to the City of San Bernardino to attend meetings
or conduct the activities necessary to complete tasks required to be
performed as part of consultant services.
Page 3 of 6
S:\_Public Works\RFCA's\2003 AIl\09-02-03\RFP Request for Approval\RFP Template 07-28-03.doc
IV. SELECTION PROCESS
The selection process will be based on a point system and will consist of three phases as
follows:
1. First phase selection shall consist of an evaluation by staff (including the
Development Services Director, City Engineer, a Senior Engineer and Project
Manager) of proposals based on the above items identified in Section III B
(except No. 10). An additional five (5) points will be given to City of San
Bernardino based consultants. In order to be deemed as "City of San Bernardino
Based Consultant, the company shall have an office with a minimum of two (2)
employees doing business inside the City limits and shall possess a City Business
License. The three (3) consultants with the highest points will continue to the
interviews. A maximum of 105 points can be achieved in this phase of the
selection process. The three consultants with the highest numerical scores will be
invited to continue with the second phase of the selection process.
2. Second phase of the selection process will consist of staff evaluation of a
presentation by the three consultants with the highest numerical score from the
first phase selection. The interview will be detailed questions on this specific
project, including, but not limited to, personnel, schedule, project staging, and
knowledge of the project. Five (5) points of local preference will also be awarded
in this phase of the selection process for Consultants that meet the requirements
identified in paragraph I above. A maximum of 105 points can be achieved in this
phase of the selection process.
3. The third and final phase of the selection process will consist of staff submitting a
final package to the Mayor and Council for consideration approval. Final scores
of the top three consultants will be submitted to the Mayor and Common Council
with a recommendation to award an Agreement for Professional Services to the
consultant with the highest numerical score. However, the Mayor and Common
Council have the prerogative to award an Agreement for Professional Services to
any of the top three consultants or reject all proposals.
4. If the Mayor and Common Council award an Agreement for Professional
Services, the selected consultant will be requested to execute an Agreement for
Professional Services (draft copy attached). Failure of the consultant to execute
the Agreement within 60 days of approval by the Mayor and Common Council
will void the approval.
IV. GENERAL
This "Request for Proposal" does not commit the City to award a contract, pay any costs
incurred in the preparation of a proposal in response to this request, procure or contract
for any services. All proposals submitted in response to this request will become the
property of the City and may be used by the City in any way deemed appropriate. The
City reserves the right to accept or to reject, in part or in its entirety, the response to the
request for proposal if such action is deemed to be in the best interest of the City.
Page 4 of 6
S:\_Public Works\RFCA's\2003 All\09-02-03\RFP Request for Approva1\RFP Template 07~28-03.doc
Any contract entered into as a result of this proposal shall be considered to include the
items of work detailed in this proposal unless specifically deleted in the proposal at the
request of the City.
V. PAYMENT
The Consultant that is recommended by Staff and approved by Mayor and Common
Council shall attend the pre-design meeting to establish the start date. Once the Notice to
Proceed has been given, the Consultant can submit for payments. The City will release
funds at percentages with receipt of Plans, Notices, or Specifications. No payment shall
be given above the percentage of completed work accepted by the City. The City shall
hold 15% of the total cost for 360 calendar days after acceptance of the plans and
specifications by the City, or 45 calendar days after the City issues a Notice of
Completion for the project, whichever occurs first.
Any request for additional information or clarification should be submitted to
, at (909) 384-
ATTACHMENTS: Site Location Map
Liability/Insurance Requirements
Page 5 of 6
S:\_Public Works\RFCA's\2003 All\09-02-03\RFP Request for Approval\RFP Template 07-28-03.doc
LIABILITY / INSURANCE REQUIREMENTS
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 the 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 & 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 COMPENSA nON 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.
Page 6 of 6
S:\_Public Works\RFCA's\2003 All\09-01-03\RFP Request for Approval\RFP Template 07-28-03.doc
CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT
RATING SHEET SEWER PROJECT-NON FEDERAL AID PROJECTS
PHASE I - REVIEW OF PROPOSAL
PROJECT:
CONSULTANT:
No. Max. Description Rating
Points
1. 20 Experience - For example, what similar recent projects has this firm done and how
many years of similar experience does this company possess. Is the company
background solid and does the company possess sufficient financial resources to engage
this project?
2. 20 Project Personnel- For example, does each individual possess adequate experience in
this type of work? Will the assigned personnel be able to devote adequate time to meet
the proposed schedule? Does the design team appear to be balanced in the appropriate
disciplines necessary to accomplish the work envisioned by this RFP?
3. 5 Estimated Time of Completion - For example, does this firm's proposed schedule for
the project seem realistic and does it tie closely to the work involved? Is the staffing
level adequate to meet the schedule?
4. 10 Past Experience in Dealing with Firm - For example, has this firm worked for the
City in the past? Did the firm competently complete the work and would you
recommend the firm?
5. 15 Ability to Meet Contract Obligations - For example, does this firm appear capable of
meeting the obligations as related to budget and time? From a financial and
organizational standpoint, does this firm appear capable of fully complying with the
terms of the proposed Agreement?
6. 15 Depth of Understanding of the Project - For example, do the principal personnel
understand what is expected on this Project? Do they appear aware of the complexities
involved? Does their proposal indicate a depth of knowledge and recent experience or
do they appear to be saying whatever it takes to get the job? Has this firm done its
homework?
7. 5 Completeness of Information Snbmitted - For example, does the proposal meet all
requirements of the RFP and does it provide sufficient information to complete your
evaluation? Did this firm indicate insight into the project that was lacking in the other
firm's proposals?
8. 10 Score for Sealed Proposed Fee
9. 5 Local Preference - Does the consultant have an office inside the city limits, possess a
City business license and have a minimum of two (2) employees assigned to the office?
(Working in the office or in the field but stationed at the office).
POINT TOTAL FROM REVIEW OF PROPOSALS (POSSIBLE 105 POINTS)
COMMENTS
Page 1 of3Rater:
Date
CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT
RATING SHEET FOR SEWER PROJECT-NON-FEDERAL AID PROJECTS
PHASE II - SELECTION INTERVIEW
THE THREE CONSULTANTS WITH THE MOST HIGHLY SCORED PROPOSALS
PROJECT:
CONSULTANT:
1. Past Experience on Similar Projects. (20 Points Max.)
Comments:
2. Experience managing meetings between Staff, Consultant and the Public. (5 Points Max.)
Comments:
3. Adequacy of Principal Staff Specifically Assigned to Project (Resumes). (20 Points Max.)
Comments:
4. Adequacy and availability of consultant's in-house support staff. (15 Points Max.)
Comments:
5. Adequacy of proposed Sub-consultants to be used and working arrangements with them
on similar projects. If no sub-consultants are proposed then the adequacy of consultants
in-house staff to meet all project needs will be evaluated. (15 Points Max.)
Comments:
6. Flow (Time) Chart for Completion of tasks identified. (5 Points Max.)
Comments:
7. Depth of Understanding ofthe Project. (10 Points Max.)
Comments:
8. Local preference credit. (5 Points Max.)
Comments:
9. Score for Sealed Proposed Fee. (IO Points Max.)
Comments:
POINT TOTAL FROM INTERVIEW PHASE (105 Points possible).
Evaluator's Name:
Evaluator's Signature:
Date:
Page 2 of3
I
PROJECT:
CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT
RATING SHEET SEWER PROJECT-NON FEDERAL AID PROJECTS
SUMMARY SHEET
CONSULTANT:
SCORE FROM REVIEW OF PROPOSALS - SHEET 1 (105 Points Possible)
SCORE FOR INTERVIEW - PHASE II (105 Points Possible)
GRAND TOTAL SCORE (210 Points Possible)
PERCENTILE SCORE =
Page 3 of3
AGREEMENT FOR PROFESSIONAL SERVICES
(FOR NON-FEDERALLY FUNDED PROJECTS)
This AGREEMENT is made and entered into this
2003, by and between the CITY OF SAN BERNARDINO,
corporation, hereinafter referred to as the "CITY" and
hereinafter referred to as "CONSULTANT"
day of
California, a municipal
I. SCOPE OF SERVICES
............... .......
Consultant shall perform those services sp~ciftedin the Proposal in the letter
dated for preparatiOn of plan, specifiliation, and estimate
for . / \.\.\ . \/ attached
and incorporated herein Exhibit t an" as d\rect.~dby.the(:ity of San Bernardino.
.' . .
2. TERM OF AGREEMENT \
......... .'........ .... \ '\ \,"" .... ........
The serVices of COrsultanfare to.coitJIri~ceafier the city haS\au(1).orized work to
start by iSsuance ofilNoiice~o Proc~ed.\This Agre~ment shill expire one year
from the dllte !Jf!hisA,gre~11lent \unless\el\tertded by written agreli(ment of the
parties.
. . . " .
. . " " ".
3. STANDARD OFl>ERFORMANcF:
. . ' ..'
Consultant shall~ompleie ~11~ork~ro~~l<r\and~~~ig~i~c6nformance with City
of San BernardinoStandaid Sp~cifi~atiOnsa~d StandirrdDrawings.
.' "
. .' .'
. . .'
. .' .,
". -.... '.
. .
. .
. .
CHANGES/EXTRASERVICES\
.,:...,
4.
. .' "
. ..
" . .....
. .
. .
. .
. .
A. Performance ofthe:wotk specified in the Proposal is made an obligation of
Consultant under this Agreement, subject to any changes made
subsequently upon mutual written agreement of the parties. Any change,
which has not been so incorporated, shall not be binding on either party.
5. COMPENSATION
A. The City shall reimburse the Consultant for actual costs (including labor
costs, employee benefits, overhead, profit, other direct and indirect costs)
incurred by the Consultant in performance of the work, in an amount not
to exceed $ , except that reimbursement shall not include
courier services, mileage or reimbursement for travel to the City to attend
meetings or conduct the activities. Actual costs shall not exceed the
estimated wage rates and other costs as set forth in the Proposal.
B. Said compensation shall not be altered unless there is significant alteration
in the scope, complexity or character of the work to be performed.
-1-
Agreement for Professional Services with
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.
C. The Consultant is required to comply with all Federal, State and local laws
and ordinances applicable to the work.
6.
PAYMENT BY CITY
A. The billings for all service~r~dereq pursuarit\to }/1is "Agreement shall be
submitted monthly by Consultan\ to City iilldshall h.e paid by City within
thirty (30) days.afterrt)ceipt\of same, excepting anyamo.).mts disputed by
City. All task.~ as specified in Pr~posalshallbecompleied prior to final
""-, , -. 0 \ ", . '",_". .-.
paXmerit. ..
A.
. ""'.'
8. COMPLIANCE WlTlt CIVIL lUGH'tS LAWS AND AMERICANS WITH
DISABILITIES ACT
Consultant hereby certifies that it will not discriminate against any employee or
applicant for employment because of race, color, religion, sex, marital status,
national origin or disability. Consultant's hiring practices and employee policies
shall comply with applicable Federal, State and local laws. 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 date of such notice within which to
correct the substantial failure giving rise to such notice. Consultant hereby
covenants and agrees that upon termination of this Agreement for any
- 2-
r
Agreement for Professional Services with
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 may
continue. Any subsequent use of such incomplete documents shall be at
the sole risk of the City and City agrees to hold ~arp1less and indemnify
Consultant from any claim, losses, costs, including ~ttorney's fees, and
liability arising out of such use. '
;
B. This Agreement may be telJIlinated'for the ~Ql!veI)ieric~ of the City upon
thirty (30) days written \notic~ to, Co,llsultant. " Upon such notice,
Consultant shallptovi4e work prOdud' to Gity and City'shall compensate
Consultant in 't)Ie manner.set forth above', ' ,
, ,
.... "-.". ",', ":. ", '. ", "....
C. Foii~wing the.eft-ectiye{laie of'te~i~~io~, of the~gre~tneril pursuant to
this$ection, th~ '~gr~ement sh~ll 'cqntln,ue, until all obiigaiiQns arising
from ~chte~iriadon are)sati'sfieQ. '
10. CONTINGENCIES
In the event that,'du~\o'(;a~~~b~~O\ldth~\contrCilof~rid~ithout t~e fault or
negligence of Consultant, C(msult.mtfail~ to n,ieet\;my qfi!:s obligations under this
Agreement, and such failure )>hall rillt conMitute,a defaulfin performance, the City
may grant to Consultant sikh extensi.onsof'tiIJ;leand make other arrangements or
additions, excepting any, increase, in'pa,yment, as may be reasonable under the
circumstances. Increases,in payment'shall be made only under the "changes"
provision of the Agreement/ / ,/
II. INDEPENDENT CONTRACTOR
Consultant shall act as an independent contractor m 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
Neither this Agreement, nor any portion thereof, may be assigned by Consultant
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.
- 3-
Agreement for Professional Services with
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
Mr. James Funk, Director
Development Servic()~l)epartment
City of San BelJ1ardlno \\
300 Norti].'~D:;Street\
San Bernardinq;CA 9241&
14.
....
RSPONSIBILITIES OF PARTIES
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Upon termination, oi:completioll otall ~Qrk UpdeLthi~ Agt()erii.ent, Consultant
will transf()[ownersi].ip\and title to.City otallprograms, reports'; documents, plans
and specifications.' . . . .' . .'
INDEMNITY
,:'
15.
Consultant shallinde~h!f~>.~~fend andh;ldh~rml~~s'CitYfrom and\a~~il1st any
and all claims, deman!is,\suits,\actipJ.:ls, p~oceedings, judgments, losses,. damages,
injuries, penalties,cos~, e(Cpel1s()sOncludil1g attorriey'sfees).and liabilities, of,
by, or with respecl\to\third parties; \yhich~Se from Consultant's negligent
performance of serVices 1.\J1derthis\ Agreelf'ent, Consultant shall not be
responsible for, and City shall indemnify,d~fehdand hold harmless Consultant
from and against, any\and all 'c\ailps,\ demands, suits, actions, proceedings,
judgments, losses, damages, iJtjuries, penalties, costs, expenses (including
attorneys' fees) and liabilitiesot, by or with respect to third parties, which arise
from the City's negligence. With respect to any and all claims, demands, suits,
actions, proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including attorneys' fees) and liabilities of, by or with respect to third
parties, which arise from the joint or concurrent negligence of Consultant and
City, each party shall assume responsibility in proportion to the degree of its
respective fault.
16. LIABILITY/INSURANCE
A. Consultant's liability to the City for injury or damage to persons or
property arising out of work performed by the Consultant and for which
legal liability may be found to rest upon Consultant other than for
professional errors and omissions, shall be a minimum of $1,000,000. For
any damage or injury on account of any error, omission or other
-4 -
Agreement for Professional Services with
professional negligence, Consultant's liability shall be limited to a sum not
to exceed $50,000 or Consultant's fee, whichever is greater.
B. The City will require the Consultant to provide Worker's Compensation
and Comprehensive General Liability Insurance, with coverage sufficient
to insure the Consultant's liability, as above required; and, such insurance
shall include the City, and each of it's officers, agents and employees as
additional insured with exception to additional il1S\ired under Worker's
Compensation.
17. VALIDITY
Should anYPt6visi()~hereinb:f()~d ot:~~~~~~\;~b~invaliq,\ihiS Agreement
shall be c6nstrueda~ n()t~oi1\airiing \!,uCh pt~)Vi~ion, ariq all\?ther provisions
which are otherwise hhvful shail remai~ in,fu1f\force andeffect,'and\to this end
the provisions of tliisAgreep1eijlare 4ecl~ed, t(j bes~yeraple. .'
III
III
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- 5 -
Agreement for Professional Services with
18. ENTIRE AGREEMENT
This Agreement represents the entire and integrated understanding 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.
.....
....
ConsultaIlt/
>
BY:
..' ",
Approved as to form
And Legal Content
\\ ~lTi~PS~~ BEIJ'lA~IN6,
\A munkipal c6worati6n . .
.....
BY:\
". ". Fre4'\Vilson
\. CITY ADMINISTRATOR
"" ,
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James F. Penman - City Attorney.
By:
III
- 6-
I
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IV.
SELECTION PROCESS
The selection process will be based on a point system and will consist of three phases as
follows:
I. First phase selection shall consist of an evaluation by staff (including the
Development Services Director, City Engineer, a Senior Engineer and Project
Manager) of proposals based on the above items identified in Section III B
(except No. 10). An additional five (5) points will be given to City of San
Bernardino based consultants. In order to be deemed as City of San Bernardino cYL
Based Consultant, the company shall have an office with a minimum of ~
employee~ doing business inside the City limits and shall possess a City Business
License. The three (3) consultants with the highest points will continue to the
interviews. A maximum of IOQpoints can be achieved in this phase of the k
selection process. The three consultants with the highest numerical scores will be
invited to continue with the second phase of the selection process. )
2.
Second phase of the selection process will consist of staff evaluation of a
presentation by the three consultants with the highest numerical score from the
first phase selection. The interview will be detailed questions on this specific
project, including, but not limited to, personnel, schedule, project staging, and
knowledge of the project. Five (5) points oflocal preference will also be awarded
in this phase of the selection process for Consultants that meet the requirements
identified in paragraph I above. A maximum of 1 ~points can be achieved in this I:::-
phase of the selection process.
A~
,~;~~~
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3. The third and final phase of the selection process will consist of staff submitting a
final package to the Mayor and Council for consideration approval. Final scores
of the top three consultants will be submitted to the Mayor and Common Council
with a recommendation to award an Agreement for Professional Services to the
consultant with the highest numerical score. However, the Mayor and Common
Council have the prerogative to award an Agreement for Professional Services to
any of the top three consultants or reject all proposals.
4. If the Mayor and Common Council award an Agreement for Professional
Services, the selected consultant will be requested to execute an Agreement for
Professional Services (draft copy attached). Failure of the consultant to execute
the Agreement within 60 days of approval by the Mayor and Common Council
will void the approval.
IV. GENERAL
This "Request for Proposal" does not commit the City to award a contract, pay any costs
incurred in the preparation of a proposal in response to this request, procure or contract
for any services. All proposals submitted in response to this request will become the
property of the City and may be used by the City in any way deemed appropriate. The
City reserves the right to accept or to reject, in part or in its entirety, the response to the
request for proposal if such action is deemed to be in the best interest of the City.
.::tP12-
9-2 -03
S:\_Public Works\RFCA's\2003 AII\09-02-Q3\RFP RequeSl for Approv.I\RFP Templ..e 07-28-Q3.doc
Page 4 of 6
I
PROJECT:
CONSULTANT:
~o.
Max.
Points
1.
20
2.
20
3.
5
4.
,s
%~
5.
15
6.
15
7.
5
8.
10
9.
COMMENTS
CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT
RATING SHEET SEWER PROJECT-NON FEDERAL AID PROJECTS
PHASE I - REVIEW OF PROPOSAL
Description
Ratin~
Experience - For example, what similar recent projects has this firm done and how
many years of similar experience does this company possess. Is the company
background solid and does the company possess sufficient financial resources to engage
this project?
Project Personnel- For example, does each individual possess adequate experience in
this type of work? Will the assigned personnel be able to devote adequate time to meet
the proposed schedule? Does the design team appear to be balanced in the appropriate
disciplines necessary to accomplish the work envisioned by this RFP?
Estimated Time of Completion - For example, does this firm's proposed schedule for
the project seem realistic and does it tie closely to the work involved? Is the staffing
level adequate to meet the schedule?
Past Experience in Dealin~ with Firm - For example, has this firm worked for the
City in the past? Did the firm competently complete the work and would you
recommend the firm?
Ability to Meet Contract Obli~ations - For example, does this firm appear capable of
meeting the obligations as related to budget and time? From a financial and
organizational standpoint, does this firm appear capable of fully complying with the
terms ofthe proposed Agreement?
Depth ofUnderstandin~ of the Project - For example, do the principal personnel
understand what is expected on this Project? Do they appear aware of the complexities
involved? Does their proposal indicate a depth of knowledge and recent experience or
do they appear to be saying whatever it takes to get the job? Has this firm done its
homework?
Completeness of Information Submitted - For example, does the proposal meet all
requirements of the RFP and does it provide sufficient information to complete your
evaluation? Did this firm indicate insight into the project that was lacking in the other
firm's proposals?
Score for Sealed Proposed Fee
cm.e- ~ 0'1..
5
Local Preference - Does the consultant hav an office inside the city limits, possess a
City business license and have a minimum of . ,_, employeeXassigned to the office?
(Working in the office or in the field but stationed at the office).
109
POINT TOTAL FROM REVIEW OF PROPOSALS (POSSIBLE I,P5 POINTS)
Page 1 of 3Rater:
Date
j
CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT
RATING SHEET FOR SEWER PROJECT-NON-FEDERAL AID PROJECTS
PHASE II - SELECTION INTERVIEW
THE THREE CONSULT ANTS WITH THE MOST mGHL Y SCORED PROPOSALS
PROJECT:
CONSULTANT:
;~~~:.
~,:~O:;i?-~:~'
1. Past Experience on Similar Projects. (20 Points Max.)
Comments:
2. Experience managing meetings between Staff, Consultant and the Public. (5 Points Max.)
Comments:
3. Adequacy of Principal Staff Specifically Assigned to Project (Resumes). (20 Points Max.)
Comments:
4. Adequacy and availability of consultant's in-house support staff. (15 Points Max.)
Comments:
5. Adequacy of proposed Sub-consultauts to be used and working arrangements with them
on similar projects. If no sub-consultants are proposed then the adequacy of consultants
in-house staff to meet all project needs will be evaluated. rY Points Max.)
Comments: It)
6. Flow (Time) Chart for Completion of tasks identified. (5 Points Max.)
Comments:
7. Depth of Understanding of the Project. (10 Points Max.)
- Comments:
8. Local preference credit. (5 Points Max.)
Comments:
9. Score for Sealed Proposed Fee. (10 Points Max.)
Comments:
>
POINT TOTAL FROM INTERVIEW PHASE (1,/1'5 Points possible).
100
Evaluator's Name:
Evaluator's Signature:
Date:
Page 2 00
PROJECT:
CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT
RATING SHEET SEWER PROJECT-NON FEDERAL AID PROJECTS
SUMMARY SHEET
CONSULTANT:
100
SCORE FROM REVIEW OF PROPOSALS - SHEET 1 (JJM Points Possible)
100
SCORE FOR INTERVIEW - PHASE II (j/i'5 Points Possible)
~oo
GRAND TOTAL SCORE (?)-f! Points Possible)
PERCENTILE SCORE =
,Ji7.f"
... .-.-.
Page3 00
-,
CITY OF SAN BERNARDINO
INTEROFFICE MEMORANDUM
OFFICE OF THE MAYOR
~"t~r~d i."to Recont.. J. I
dir.mvOevCms MIg: 9 ~/03
Ihvv. p~
'a'tem
TO:
Frcd Wilson, City Administrator
Gary Van Osdcl, Exccutivc Director, EDA
All City and EDA Department Heads
~,k~
City Clerk/COC Sec,
City of San Bernardino
FROM:
Mayor Judith Valles
DATE:
September 2,2003
RE: EXECUTIVE ORDER 2003-1
LOCAL BUSINESS PREFERENCE FOR
CONTRACTUAL SERVICES
COPIES:
Council Members
City Attorney
City Clerk
City Treasurer
San Bernardino Municipal Code Section 3.04.085(B) states:
"Contractual Services with a value in excess of twenty-five thousand dollars must be
approved by the Mayor and Common Council pursuant to Requests For Proposals as
authorized by the Mayor and Common Council."
I believe that the City should provide local business preferences for contractual services with a value
in excess of$25,000 because of the following two findings:
A. Local businesses which scek to enter into service contracts with the
City of San Bernardino are at a competitive disadvantage with
businesses trom other areas because of certain higher administrative
costs of doing business in the City (such as utility users' tax, etc.).
=iFIL
1:).2. -03
r
!
-
Executive Order 2003 -1
September 2, 2003
Page 2
B. The public interest would best be served by encouraging businesses
to locate and remain in the City of San Bernardino through the
provision of a minimal "good faith" preference to local businesses in
the awarding of certain City contracts.
A city's authority to grant preferences to local businesses in awarding city contracts has been
supported by federal courts of appeal: Associated General Contractors of California, Inc. v. City
and County of San Francisco, 813 Fed 2d 922 (9th Cir. 1987); JP. Shea Company, Inc. v. City of
Chicago, 992 Fed 2d 745 (7th Cir. 1993).
Therefore, in my capacity as Mayor of this City and Chairperson of the Economic Development
Agency and by this Executive Order, I hereby:
(J) Direct all Department Heads to grant a 5% local business preference
in Requests For Proposals for contractual services with a value in
excess of$25,000 which require approval by the Mayor and Common
Councilor the Community Development Commission, unless
contrary to federal, state, or local law (such as contracts for the
construction of public works projects) or unless contrary to the
requirements mandated by the funding source for such contractual
services (such as the federal government, which in most if not all
cases, requires award to the lowest responsible bidder).
(2) Direct all Department Heads to grant a 5% local business preference
for contractual services with a value of $25,000 or less, unless
contrary to federal, state, or local law (such as contracts for the
construction of public works projects) or unless contrary to the
requirements mandated by the funding source for such contractual
services (such as the federal government, which in most if not all
cases, requires award to the lowest responsible bidder).
",
Executive Order 2003 -1
September 2, 2003
Page 3
(3) A "local business", for the purpose of granting a local business
preference, shall mean a business possessing a fixed office or
distribution point with at least one owner or employee within the City
of San Bernardino, and possessing all valid and current permits and
licenses required to transact such business, including, but not limited
to a City Business Registration Certificate.
(4) If any part or provision of this Order is in conflict or inconsistent with any
applicable provision of federal, state, or local law, or is otherwise held to be
invalid or unenforceable by any court of competent jurisdiction, such part or
provision shall be suspended and superseded by such applicable law, and the
remainder of this Order shall not be affected thereby.
J
Dated:
Ju. Valles
)j r/Chairperson, Economic Development Agency
Approved as to form
and legal content:
/~