HomeMy WebLinkAbout12-Development Services
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From:
Valerie C. Ross, Director Subject:
Resolution approving an Agreement with
Caltrop Corporation for On-Call Professional
Construction Inspection Services and request
to use salary savings to fund development-
related and Capital Improvement Program
(CIP) Public Works Consultant Inspection
services.
Dept:
Development Services
Date:
August 3, 2006
MCC Date:
August 21, 2006
Synopsis of Previous Council Action:
None.
Recommended Motion:
1.
2.
Adopt Resolution;
Authorize the Director of Finance to amend the FY 2006-2007 Adopted Development Services
Budget and transfer $64,000 from account numbers 001-183-50xx (salary and benefit savings from
2 vacant Construction Inspector positions) to account number 001-183-5502 (professional
contractual costs).
VLuUu 0 Rt~
Valerie C. Ross
Contact Person:
Michael Grubbs, Eng. Manager/Field Engineer
5179
Phone:
Supporting data attached:
Staff Report, Resolution, Agreement Ward:
All
FUNDING REQUIREMENTS:
Amount: $128,000
Source: (Acc!. Nos.) 001-183-50xx and Various Capital
Improvement Project Accounts
Acct.
Description:
Salary Savings and CIP Accounts
Finance:
COUNCIL NOTES
Agenda Item No. /-::1..
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CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving an Agreement with Caltrop Corporation for On-Call Professional Construction
Inspection Services and request to use salary savings to fund development-related and Capital
Improvement Program (eIP) Public Works Consultant Inspection services.
Background:
Staffing for the Public Works Inspection Section has reached a critically deficient level due to the
recent departure of two Public Works Construction Inspectors, who left employment with the City in
June of 2006 to accept positions with other agencies or companies. A third Public Works Construction
Inspector II has also submitted his resignation and will accept a position with a private firm.
The remaining staffing consists of a Construction Engineer, one Construction Inspector II and one
Construction Inspector I. The current volume of work is far beyond the capabilities of the remaining
inspection staff.
Recruitment for Construction Inspector I and Construction Inspector II opened on July 24, 2006. Staff
expects the recruitment process may require 4 months before qualified replacement inspectors can be
hired.
To address the immediate staffing cnSlS, staff has requested that the City Manager approve an
agreement for On-Call Public Works construction inspection in the amount of $24,500 with Caltrop
Corporation. The funding for this agreement is expected to provide six weeks of coverage using one
consultant inspector.
As an interim measure, staff requested proposals from three consulting firms with the capability to
provide On-Call Public Works Inspection services. The firms are HDR of Riverside, Caltrop
Corporation of Upland, and Willdan of San Bernardino. Mike Wolff, Construction Engineer, and
Mark Lancaster, Deputy Director/City Engineer, reviewed the proposals and the firm of Caltrop
Corporation was determined to be best qualified of the three to perform the work.
The proposed Agreement provides that Caltrop Corporation will provide two fully qualified On-Call
Public Works Construction Inspectors. We anticipate that one of the inspectors will be assigned to the
Capital Improvement Program and the other inspector will be assigned to development-related
inspectIOn.
Financial Impact:
Adequate total funding for work performed under this agreement for the Capital Improvement Program
has been included in the FY 2006/07 CIP. Funding to compensate the Consultant for inspection of
Development Permit work will be taken from salary savings in Account No. 00 I - I 83-50xx.
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0810312006 II :36 AM
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
.-
The salary savings for two vacant Construction Inspector positions, including benefits, is projected to
be approximately $64,000 for 6 months. This amount will fund one consultant construction inspector
for development-related inspection for 4 months. Staff will attempt to replace the consultant
inspectors with full time permanent or provisional staff within the 4 months.
A total amount of $128,000 is proposed to be allocated for this work, $64,000 of which will be
allocated to CIP project inspection and $64,000 will be allocated to Development Permit inspection.
If approved, this funding should be sufficient to keep two consultant inspectors for 4 months.
Recommendation:
1. Adopt Resolution.
2. Authorize the Director of Finance to amend the FY 2006-2007 Adopted Development Services
Budget and transfer $64,000 from account numbers 001-183-50xx (salary and benefit savings from
2 vacant Construction Inspector positions) to account number 001-183-5502 (professional
contractual costs).
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EXHIBIT "A"
July 7, 2006.
Mike Wolff
Construction Engineer
City of San Bernardino
300 North D Street
San Bemardino, CA 92418-0001
Re: Letter of Interest
Dear Mr, Wolff,
CAL TROP Corporation is pleased to submit our Letter of Interest to the City of San Bernardino.
CALTROP is headquartered in Upland, Califomia, with offices throughout California including Fontana, Costa Mesa,
Los Angeles, San Diego, Emeryville and Sacramento. We provide project and construction management and related
support services to cities, counties and transportation agencies on public works, infrastructure and transportation
projects for roadways, highways, freeways, interchanges, bridges and structures. In addition to our extensive
Cconstruction management experience, we have experience in providing construction inspection services, contract
Jdminislration, quality control, scheduling, estimating, risk management, claims avoidance as well as staff
augmentation. Our staff is composed of exceptionally talented project managers and construction managers, resident
engineers, seasoned transportation inspectors and bridge llrlgineers, claims specialists and office managers. We
have worked on both large and small construction contracts throughout the State. We also have experience with
multiple agency projects where communication is critical.
We have provided services to various agencies, including:
. Multiple Joint Boards and Agencies including:
. San Bernardino Associated Government
(SAN BAG)
. Railroad Agencies .
. Airports
As discussed, our construction inspector's billing rate is $95. Our rates include our inspectors' equipment which
includes vehicles, computers, cell phones and any additional tools and equipment required to perfomn their tasks.
Please feel free to contact me al (909) 917-8839 or (909) 291-1250 (cell number) for more infomnation. Thank you for
your time and cooperation. We look forward to working with you in the near future,
Sincerely,
. California Dep!. ofTransportation (Caltrans)
Districts 1,2,3,4,5,6,7,8,9,10,12 and 44
. . Over 30 Cities and Counties in California
. Private Developers
A/~
1m Robinson, P.E.
rogram Manager, South Region
CALTROP CO'Il!l,aUon
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BER.l'IARDINO APPROVING ON-CALL CONSTRUCTION INSPECTION SERVICES
AGREEMENT WITH CALTROP CORPORATION FOR PROVISION OF
PROFESSIONAL PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Ca!trop Corporation is competent, experienced and able to perform said
services and has provided the most advantageous and best responsible proposal for the
provision of ON-CALL CONSTRUCTION INSPECTION SERVICES, per Request for
Proposals released by the Public Works Division of the Development Services Department.
Pursuant to this determination, the Mayor is hereby authorized and directed to execute the
Agreement on behat'f of the City, a copy of which is attached hereto and incorporated herein
(Attachment "I "). The Purchasing Manager is hereby authorized and directed to issue a
Purchase Order for said services to said firm; but such award shall only be effective upon the
issuance of a Purchase Order by the Purchasing Manager. All other proposals are hereby
rejected.
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 to the contract fail to execute it within
sixty (60) days of passage of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COVNCIL OF THE CITY OF SAN
BER."'ARDINO APPROVING ON-CALL CONSTRUCTION INSPECTION SERVICES
AGREEMENT WITH CALTROP CORPOR.\.TION FOR PROVISION OF
PROFESSIONAL PUBLIC WORKS CONSTRUCTION INSPECTION SERVICES.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
meeting thereof. held on the
and Common Council of the City of San Bernardino at a
day of
, 2006, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
VACANT
DERRY
KELLEY
JOHNSON
,
MC CAMMACK
City Clerk
,2006.
day of
The foregoing resolution is hereby approved this
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to Form:
/ - !;;~
mes F. Penman, City Attorney
Attachment 1
AGREEMENT FOR ON-CALL CONSTRUCTION INSPECTION SERVICES
THIS AGREEMENT is made and entered into this day of
2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city ("City"), and Caltrop Corporation, a California corporation ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perform the on-call construction
inspection services described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in
connection with the projed described below (the "Project") and desire to set forth their
rights, duties and liabilities in connection with the services to be performed; and
D. WHERE;AS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.'
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Contractor shall furnish on-call construction inspection
services to City in accordance with Attachment A-I, attached and incorporated herein.
] .2. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
].3. Warrantv. Consultant warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
F:\EMPENO\Caltrop Corp. on-cal construction inspection agreement-doc
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occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify and hold hannless City from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against City for, or
on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by 'this Agreement.
1.6. Delegation and Assignment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
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1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and
agrees that as the City's construction inspection consultant, Consultant shall maintain
fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations
under this Agreement. Consultant, in performing its obligations under this Agreement, is
governed by California's conflict of interest laws, Government Code Section 87100 et
seq., and Title 2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Comoensation. Over the term of this Agreement, Contractor shall be paid
for such services an amount not to exceed $128,000, in accordance with Attachment A-2,
Caltrop letter dated July 7, 2006, attached and incorporated herein.
2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the scope of services specified in the Response unless the City
or its Construction Engineer for this Project, prior to Consultant performing the
additional services, approves such additional services in writing. It is specifically
F:\EMPENO\Caltrop Corp. on-ca1 construction inspection agreement.doc
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understood that oral requests and/or approvals of such additional services or additional
compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Construction
Engineer for approval on a progress basis, but no more often than monthly. Said invoice
shall be based on the total of all Consultant's services which have been completed to
City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days
from the date City receives said invoice. Each invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services
approved and performed pursuant to this Agreement shall be designated as "Additional
Services" and shall identify the number of the authorized change order, where applicable,
on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City or its Construction Engineer for inspection
and/or audit at mutually convenient times for a period of three (3) years from the
Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date .of this Agreement. Said services shall be performed in strict compliance
with the Project Schedule issued by the Construction Engineer. Failure to commence
work in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (I) year, ending one year after the Effective Date, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties.
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
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receipt of the notice of termination. In the event of such temlination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to . \=onsultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation msurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant
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shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates' of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a fonn and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limi'ting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes ofthis Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly
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provided in this Agreement.
6.3. . Proiect Managers. City shall designate a Construction Engineer to work
directly with Consultant in the performance of this Agreement.
Consultant shall designate a Contract Inspector(s) who shall represent it
and be its agent in all consultations with City during the term of this Agreement.
Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings
called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONSULTANT:
Alex Hashroudi' .
Caltrop Corporation
1037 W. 9th St.
Upland, CA 91786
Fax: (909) 931-0061
Tel: (909) 931'-9331
IF TO CITY:
Valerie C. Ross
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
Fax: 909-384-5080
Tel: 909-384-5357
6.5. Attornevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Consultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
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subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the tern1 of this Agreement.
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of Consultant, its employees, agents or subcontractors in the performance of
this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are requir~d, in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by-Consultant or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
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shall not, in any way, be liable or responsible for the disclosure of any trade secret
including, without limitation. those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.12. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provide all necessary design drawings, estimates and other Consultant professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6. \3. Prohibited Employment. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City an(\ Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
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no way be deemed a waiver of those rights to require such perfomlance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy in respect to any occurrence or
event shall not be deemed a waiver of any right or remedy in respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
6.21. Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing,
if the value of this Agreement, based upon the substantial benefit of the bargain for any
party is materially impaired, which determination as made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
6.22. Counteroarts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.23. Comorate A~thority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
III
III
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F:\EMPENO\Caltrop Corp. on-cal construction inspection agreement.doc
9
AGREEMENT FOR ON-CALL CONSTRUCTION INSPECTION SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO,
A Municipal Corporation,
CONSULTANT
CALTROP CORPORATION
By
Patrick J. Morris, Mayor
Signature
Name and Title
Approved as to form:
James F. Penman,
City Attorney
'1 .'/'
...~ -t./~~
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F:\EMPENO\Caltrop Corp. on-cal construction inspection agreement.doc
10
Attachment A-I
CONSTRUCTION INSPECTION SERVICES
SCOPE OF SERVICES
CAL TROP Corporation ("Consultant") shall designate the "Contract Inspector(s)," who
shall perform the following:
REPRESENT A TIVE DUTIES
Upon receipt of plans, specifications and estimate package, performs contructibility
review and prepares response in writing with recommended modifications to be
incorporated prior to receipt of bids.
Inspects construction of streets, curbs, gutters, storm drains, sewers, sidewalks, water
lines, alleys, traffic signals, bridges, seismic/safety retrofit of structures, and related
work; inspects street paving performed under contract for compliance with plans and
specifications; inspects street light poles, block walls, fencing, irrigation systems,
concrete guard rails, street striping and other assigned projects.
Tests and reports on c()l!struction materials; determines whether construction and
inspection are in conformity with safety regulations; reports work not in accordance with
specifications and recommends work stoppage for noncompliance; checks building pads.
Prepares PaY'Fstimates on public works contracts; prepares final punch list and
participates in final inspections; schedules Final Inspection.
,
Inspects work assignments to ensure satisfactory completion; investigates complaints and
consults with the public; delivers and picks up plans and specifications; attends meetings
related to the project to which the Contract Inspector is assigned; provides written daily
reports on the progress of the work to the Construction Engineer in a form acceptable to
the Construction Engineer.
Assists the Construction Engineer in the evaluation of change orders, except that the
Contract Inspector has no authority to authorize changes to the work; promptly advised
the Construction Engineer when a change to the work appears necessary.
DESCRIPTION OF PROJECTS
The work, in general, will consist of inspection of construction work being performed by
contractors in accordance with plans and specificahons approved by the City Engineer.
The project may be funded by Federal Funds or local funds. The plans, specifications
and procedure may be required to comply with Caltrans Standards, HUD Requirements,
or the City Standard Specification.
The City will obtain all necessary permits from outside agencies. However, the Contract
Inspector will be required to perfonn all necessary coordination with outside agencies,
utilities, and other City Departments during the course of the work.
Attachment A-I
The City will designate a Constmction Engineer empowered to administer the contract.
The Contract Inspector will receive direct supervision from the Constmction Engineer.
The City will provide all material testing, survey and clerical services.
Consultant shall provide all necessary equipment and materials for satisfactory
performance of the work by the Contract Inspector. The equipment shall include but is
not limited to, a suitably equipped motor vehicle, in excellent operating condition, high
visibility safety vest and hard hat, measuring devices, cellular telephone, minor handheld
testing devices such as paving thermometer, calculator, pen, pencil, and other inspection
related equipment and material.
All Consultant owned equipment provided to the Contract Inspector shall be operated and
maintained at no additional expense to the City. All safety equipment and workplace
attire worn by the Contract Inspector shall conform to OSHA regulations.
Certain City owned equipment may be loaned to the Contract Inspector for use on
assigned City projects. Such equipment shall be properly maintained by the Contract
Inspector and returned to the City in good working condition after completion of this
contract or upon request by the Constmction Engineer. City owned equipment loaned to
the Contract Inspector that is lost or damaged shall be replaced or repaired at the expense
of the Consultant. .
Upon completion of a project, the Contractor Inspector shall provide all notes, "As Built"
drawings, sched\lles, etc. to the Constmction Engineer.
Contract Inspector shan maintain a close liaison with the Construction Engineer at all
times while the work is proceeding.
The individual designated as Contract Inspector may be changed subject to the written
approval of the City Engineer.
Attachment A-2
July 7, 2006
Mike Wolff
Construction Engineer
City of San Bernardino
300 North D Street
San Bemardino, CA 92418-0001
Re: Letter of Inlerest
Dear Mr. Wolff,
CAL TROP Corporation is pleased 10 submit our Letter of Interest to the City 01 San Bernardino.
CAL TROP is headquartered in Upland, California, with offices throughout Califomia including Fontana, Costa Mesa,
Los Angeles, San Diego, Emeryville and Sacramento. We provide project and construction management and relaled
support services to cities, counties and t.ransportation agencies on public works, infrastructure and transportation
projects for roadways, highways, freeways, interchanges, bridges and structures. In addition to our extensive
construction management experience, we have experience in providing construction inspection services, contract
administration, quality control, scheduling, estimating, risk management, claims avoidance as well as staff
augmentation. Our staff is ro.mposed of exceptionally talented project managers and construction managers, resident
engineers, seasoned transpOrtation i~pectors and bridge engineers, claims specialists and office managers. We
have worked on both large and small construction contracts throughout the State. We also have experience with
multiple agency projects where communication IS critical.
We have provided services to various agencies, including:
. Multiple Joint Boards and Agencies including:
. San Bemardino Associated Government
(SANBAG)
. Railroad Agencies
. Airports
As discussed, our construction inspector's billing rate is $95. Our rates include our inspectors' equipment which
includes vehicles, computers, cell phones and any additional tools and equipment required to perform their tasks.
Please leel free to contact me at (909) 917-8839 or (909) 291-1250 (cell number) lor more inlormation Thank you for
your time and cooperation. We look lorward to working with you in Ihe near future.
,el~, A/~
~nson, P.E.
Program Manager, South Region
\
. California Dep!. 01 Transportation (Caltrans)
Districts 1, 2, 3, 4, 5, 6, 7 ,8, 9,10,12 and 44
. Over 30 Cities and Counties in California
Private Developers
CALTROP Corpora lion
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