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HomeMy WebLinkAbout12-Development Services 7 CITY OF SAN BERNA"INO "QUEST FOR COUNCIL AC01" G I N A L From: Valerie C. Ross, Director Subject: Resolution authorizing the City Manager to execute an Agreement with Caltrop Dept: Development Services Corporation for Consulting Engineering Services. Date: August 24, 2007 MCC Date: September 4, 2007 Synopsis of Previous Council Action: None Recommended Motion: 1. Adopt Resolution. 2. Authorize the Director of Finance to amend the FY 2007-08 Adopted Budget and transfer $16,700 from salary and benefits accounts 001-183-50XX) to the professional/contractual account (001-183-5502). Valerie C. Ross Contact Person: Valerie C. Ross Phone: 5357 Supporting data attached: Staff Report &Reso Ward: All FUNDING REQUIREMENTS: Amount: $50,000 Source: (Acct. $16,700— Salary Savings (001-183- Nos.) 50XX) and $33,300 - Various Capital Improvement Project Accounts Acct. Description: Salary Savings & CIP Accounts Finance: —so a 00 7- 366, ?/Y/07 Agenda Item No. CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing the City Manager to execute an Agreement with Caltrop Corporation for Consulting Engineering Services. I Background: With the recent departure of the Deputy Director/City Engineer and the time required to retain a qualified replacement, Development Services is seeking outside assistance to ensure that development projects and Capital Improvement Projects do not get unnecessarily delayed. The City Engineer's role and responsibilities are quite diverse and range from review and approval of plans for sewer line upgrades and replacement to representing the City at SANBAG meetings. During the interim, one Senior Civil Engineer will assume many of the outside agency responsibilities, leaving a gap in the office. Another Senior Civil Engineer needs to stay focused on land development projects. Retaining the services of an on-call consulting engineer will provide assistance in filling in as needed to keep projects moving. Caltrop currently provides on-call construction inspection services for Development Services. The company, and the on-call inspectors, are very responsive to the City's needs. Caltrop also provides registered civil engineering services. Financial Impact: Staff is proposing to retain Caltrop to provide consulting engineering services for up to four months for up to 20 hours per week. The cost for this work is approximately$50,000. Staff proposes to fund these services through the CIP and salary savings. It is estimated that approximately 2/3 of the engineer's time will be spent on CIP-related projects and 1/3 on land development projects. $33,000 will be funded through the existing CIP and the remaining $16,700 is proposed to be funded with estimated salary savings from vacant positions within the Development Services Department. A budget amendment transferring salary savings to professional contractual will be required. Recommendation: 1. Adopt Resolution. 3. Authorize the Director of Finance to amend the FY 2007-08 Adopted Budget and transfer $33,300 from salary and benefits accounts 001-183-50XX) to the professional/contractual account (001- 183-5502). Attachments: Resolution 2 1 RESOLUTION NO. COPY 2 3 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT WITH CALTROP CORPORATION 4 FOR PROVISION OF PROFESSIONAL ON-CALL ENGINEERING CONSULTING SERVICES. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. Caltrop Corporation is competent, experienced and able to perform on- 8 call engineering consulting services. Pursuant to Section 3.04.010(B)(3) of the Municipal Code, 9 10 the City Manager is hereby authorized and directed to execute the Agreement on behalf of the 11 City, a copy of which is attached hereto and incorporated herein (Attachment "1"). The 12 Purchasing Manager is hereby authorized and directed to issue a Purchase Order for said 13 services to said firm. 14 SECTION 2. This Agreement and any amendment or modifications thereto shall not 15 take effect or become operative until fully signed and executed by the parties and no party shall 16 17 be obligated hereunder until the time of such full execution. No oral agreements, amendments, 18 modifications or waivers are intended or authorized and shall not be implied from any act or 19 course of conduct of any party. 20 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within 21 sixty(60) days of passage of this resolution. 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO APPROVING AN AGREEMENT WITH CALTROP CORPORATION FOR PROVISION OF PROFESSIONAL ON-CALL ENGINEERING CONSULTING 3 SERVICES. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of , 2007 by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 MC CAMMACK 16 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 2007. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 24 Approved as to Form: 25 26 es F. Penman, City Attorney a , 27 28 2 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 2 BERNARDINO APPROVING AN AGREEMENT WITH CALTROP CORPORATION FOR PROVISION OF PROFESSIONAL ON-CALL ENGINEERING CONSULTING 3 SERVICES. 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, 6 held on the day of , 2007 by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 10 BAXTER 11 BRINKER 12 DERRY 13 KELLEY 14 JOHNSON 15 16 MC CAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of , 2007. 20 21 Patrick J. Morris, Mayor 22 City of San Bernardino 23 24 Approved as to Form: 25 26 es F. Penman, City Attorney 27 28 2 Attachment I AGREEMENT FOR ON-CALL PROFESSIONAL ENGINEERING CONSULTING SERVICES THIS AGREEMENT is made and entered into this day of , 2007 ("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 provide professional engineering consulting 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 project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, 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. Consultant shall furnish a Registered Civil Engineer to provide on-call engineering consulting services to City in accordance with Attachment A, attached and incorporated herein. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by a person experienced in his respective field 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. 1.3. Warranty. 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; 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 S:\-Public Works\RFCA's\2007 A11\09-04-07\Caltrop Eng Agree\Agreement.doc services required under this Agreement. Consultant shall indemnify and hold harmless 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 services 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. 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 on-call engineering 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. Compensation. Over the term of this Agreement, Contractor shall be paid for such services an amount not to exceed $50,000, in accordance with Attachment A, Caltrop letter dated August 23, 2007, attached and incorporated herein. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified herein unless the City or its Director of Development Services, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically 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 Director of Development Services for approval on a progress basis, but no more often than monthly. Said 5:\—Public Works\RFCA's\2007 A11\09-04-07\Caltrop Eng Agree\Agreement.doc 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 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 Director of Development Services. 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 four (4) months, 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 receipt of the notice of termination. In the event of such termination, 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 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 S:\-Public Works\RFCA's\2007 A11\09-04-07\Caltrop Eng Agree\Agreement.doc 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 Consultant, 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 insurance 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 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 additional insureds with respect to Consultant's performance under this Agreement 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 S:\—Public Works\RFCA's\2007 All\09-04-07\Ca1trop Eng Agree\Agreement.doc A 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 form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. 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 of this 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 provided in this Agreement. 6.3. Project Managers. The Development Services Director shall work directly with Consultant in the performance of this Agreement. E. Frank Smith shall represent Consultant and be its agent in all consultations with City during the term of this Agreement, unless the Development Services Director has agreed in writing to an alternate person. E. Frank Smith 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. S:\—Public Works\RFCA's\2007 All\09-04-07\Caltrop Eng Agree\Agreement.doc IF TO CONSULTANT: IF TO CITY: Alex Hashroudi Valerie C. Ross Caltrop Corporation Director of Development Services 1037 W. 9t'' St. 300 North "D" Street Upland, CA 91786 San Bernardino, CA 92418 Fax: 909.931.0061 Fax: 909.384.5080 Tel: 909.931.9331 Tel: 909.384.5357 6.5. Attorneys' 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 connection with that action, 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. Assi ent. 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, 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 term 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 required, in connection with the services to be performed hereunder. S:\—Public Works\RFCA's\2007 All\09-04-07\Caltrop Eng Agree\Agreement.doc 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 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 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. 6.13. 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. S:\—Public Works\RFCA's\2007 All\09-04-07\Caltrop Eng Agree\Agreement.doc 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and 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 no way be deemed a waiver of those rights to require such performance 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. 6.22. Counterparts. 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. Corporate Authority. 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. S:\—Public Works\RFCA's\2007 A11\09-04 4)7\Caltrop Eng Agree\Agreement.doc AGREEMENT FOR ON-CALL PROFESSIONAL ENGINEERING CONSULTING 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, CONSULTANT A Municipal Corporation, CALTROP CORPORATION By Fred Wilson, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney By cam. I S:\—Public Works\RFCA's\2007 All\09-04-07\Caltrop Eng Agree\Agreement.doc Q _ ATTACHMENT A Scope of Services Contractor shall provide E. Frank Smith to perform professional engineering consulting services including, but not limited to, the following: • Capital Improvement Program project coordination • Serve in an advisory capacity to newer staff regarding projects • Assist with land development activities Contractor shall work under the supervision of the Director of Development Services. c 4 August 23, 2007 Valerie Ross Director of Development Services City of San Bernardino 300 N. "D- Street San Bernardino, CA 92418 Dear Mls. Ross Thank you for the opportunity to submit Frank Smith's resume for your review for a position at the City of San Bernardino. CALTROP is focused on delivering proactive, value-based services and looks forward to being an integral partner to the City of San Bernardino and will provide the services of Frank Smith at the hourly rate of S140.00. CALTROP is committed to exceeding the City's expectations in every aspect. This commitment is supported, without reservation, by our management team and is based on working hand-in-hand with the City of San Bernardino as a completely dedicated member of the team. if you have questions; please contact me via cell phone at (909) 917-8839, via fax at (9091355-7106 or email at jrobinson @caltrop.com. Since ely. , _ jim Robinson, PE i� Program Manager E.RESUMES OF •NNEL PROPOSED FOR THIS CONTRACT i 12 NAME 13.ROLE IN THIS CONTRACT i 14.YEARS EXPERIENCE t a TOTAL b WITH CURRENT FIRM_ E. Frank Smith, PE Contract City Engineer 30 3 L CKAT10N(Crty ana State; —"--.—_ i CALTROP Corporation ----- E EDUCATIGN iDEGREE AND SPECIALIZATION) 17.CURRENT PROFESSIONAL REGISTRATION(STATE AND DISCIPLINE) E BS, Civil Engineering I Registered Civil Engineer-CA RCE-47863 18 OTHER PROFESSIONAL QUALIFICATIONS IPubGCahons,Organizations Trarnmg Award;.Etc) --- Mr.Smith has over 30 years of project,design,and construction management experience in Infrastructure,public works,freeways,structures,highways, , roadways, and other transportation construction projects. As principal engineer, he has been responsible for land development, conditioning, plan I checking, plan approval, and code compliance. He is proficient in interpretation and application of the Subdivision Map Act and its relevance to new js development. Mr. Smith was the department head of engineering in Alamogordo, NM. He has 30 Years of Civil&Construction i extensive experience in the Public Works Department. He is also experienced in Project/Construction •. Experience 1 construction management and design and construction on major projects,both Design&Construction Experience private and public,including water,sewer, roads,and storm drain projects.Mr. ! Smith is bilingual and can direct personnel in the Spanish language. Municipal Management Experience as City Engineer } Maintenance . Operations .- j 19.RELEVANT I PROJECTS 1)TITLE AND LOCATION ICity and State) (2)YEAR COMPLETED J City of Moreno Valley PROFESSIONAL SERVICES CONSTRUCTION(ifhcable) Moreno Valley,CA app - .3!BRIEF DESCRIPTION,;Bnel scope sae,rnst.etc)AND SPECIFIC ROLE Check d p Perkm ed wM cuteM firm Principal Engineer,Division Manager. Managed a 18-employee division. Responsible for coordinating, directing,and controlling development applications and associated engineering functions. Managed inspection team to certify and accept improvements into the City maintained ti system. I 1)TITLE AND LOCATION(Cq and State) (2)YEAR COMPLETED City Of San Clemente - PROFESSIONAL SERVICES CONSTRUCTION(if applicable) San Clemente,CA ;-- — !3)5RIEF DESCRIPTION j8nel scoce s¢e.cost etc.)AND SPECIFIC ROLE — -- ---1--- I j Check rf Drgect Derlortned wrfh rurreMfirm --- I b ' Managed the land development division.Coordinated capital improvement projects and supervised the land development process within the Public Works Department. Managed Capital improvement projects including major storm drains and highways. 1)TITLE AND LOCATION(Gly ana State) —T— 1 — — -- —_ __ 1 (2)YEAR COMPLETED City of Fontana __7 PROFESSIONAL SERVICES I CONSTRUCTION lilaoplicabk) Fontana,CA BRIE,DESC.RIP?ION(8netscope,Size cost etc.)AND SPECIFIC ROLE —h c pertturt•W w1h current km----- ceck n nvre Managed capital improvement projects.Performed design and coordinated design of consulting ` engineers. Worked with Caltrans at PDT meetings to coordinate design of City Streets and Interchanges for 1-210(Route 30)Project. Coordinated City needs and change order requests' 1)TITLE AND LOCATION(City and State) (2)YEAR CCkAFLETED City of San Rafael ------------- — �--- - —� PROFESSIONAL SERVICES i CONSTRUCTION lit applicable) San Rafael,CA ~--- -- --- -------- I ---- — _ _ �I PPIEF �,;;P!F?ION r8ne!;coce -ize oat.etc J AND SPECIFIC ROLE --'-------'t--- -- --- -- — I Check rf pto7ect pertortned with curtest firm -- -- e Managed capital improvement projects and performed design and coordinated design by consulting engineers. Assistant RE on new street and bridge project responsible for obtaining federal funding through FA U programs. 1)TITLE AND LOCATION(City and State) j2;'iEAk CG!APLETED ------ ---- t Lorick&Associates PROFESSIONAL SERVICES CI ONSTRUCTION/dapphcabk) Cities of Reno and Sparks,NV -- -- ; ND..SPE C..IFIC,.PO-E � ---- - — --------1---I—Checkr fpro)ectpeROmledwMCUrrentfinn -._ _- eL.oA r;'os'.atc r A 'I Set up and Implemented maintenance management systems for roads,sewers,storm drains and facilities.Trained work crews and_made_ subs__tantial e changes in methods and record keeping,established daily productivity standards and work reporting methods.Established inventories and activity j guidelines to define criteria for maintenance and operations methods and increase crew productivity. .. a 1)TITLE AND LOCATION(City and Stahl YEAF L_ ---- — ----------- --�— --- (.) CNAPL ED--�--------� Dwight French and Associates PROFESSIONAL SERVICES CONSTRUCTION(Wapplicable) 'r (3;BRIEF DESCRIPTION IFirrel scope.s¢e.cost etc;AND SPECIFIC POLE i Check 8 r —L— -- p aject performed with current firrrh i Project Manager. Managed several residential development projects and commercial projects Developed maps and designed infrastructure d using the latest Auto-Cad software.Coordinated with Caltrans the geometric design of 1-215 Newport Road Interchange associated with the Menefee Town Center Project. I _ 1)TITLE AND LOCATION(City and State) (2)YEAR CGtdFLETEO 1 City of Alamogordo PROFESSIONAL SERVICES CONSTRUCTION(dappl¢abk) I Alamogordo,NM — --- (3)BRIEF DESCRIPTION(Briet scope,size.cost.etc I AND SPECIFIC POLE --------_ —T _----- I Check if protect Derlurmed w th current firm I Department Head/City Engineer of Engineering Department. Responsible for maintaining streets, water and wastewater systems, supervising ! maintenance crews,inspection staff,directing design staff for capital projects and approving private development plans. 1)TITLE AND LOCATION(City and State) I l (2)YEAR COMPLETED SCB Development 1 PROFESSIONAL SERVICES CONSTRUCTION(dapplicable) J Georgetown,TX — 1 (3)BRIEF DESCRIPTION iBnefscope,mze cast etc.;AND SPECIE C POLE Check d project perlonnetl with current firm i Managed projects associated with subdivision development. Designed subdivision maps and improvement plans for water and wastewater systems,drainage,and streets. Became licensed and operated water and waste water systems for SCB Development Company. ' I 1)TITLE AND LOCATION(Cityand State) (2)YEAR COMPLETED _Y J _ Las Cruces,NM PROFESSIONAL SERVICES CONSTRUCTION(dappbcab)e) (3)BRIEF DESCRIPTION JBne1 scope.size.cost,etc.)AND SPECIFIC ROLE I Check A proect pedonned with current tent i Field Engineer. Responsible for quality control and engineering inspections for road construction projects. 1)TITLE AND LOCATION(City and State) (2)YEAR COMPLETED Manila,Philippines PROFESSIONAL SERVICES CONSTRUCTION(dapplicabk) (3)BRIEF DESCRIPTION(Beet scope,sae,cost etc)AND SPECIFIC ROLE Check d project peAameo with current firm JI ; Managing Consultant fora 150-acre fabrication yard. Performed 1 cost estimating,budgeting,scheduling, project organization,design review and consultation on alternative design methods for civil and structural requirements. — — — it —+1)TITLE AND LOCATION(City and Stare) (2)YEAR COMPLETED ----- j Abu Dhabi,U.A.E. i PROFESSIONAL SERVICES �_ CONSTRUCTION/ilapplicabk) j _ F--_ —_—t_. --- --i ;3;BRIEF DESCRIFTIGN(dne/scope,srze,cast,etc 1 ANC SPECIFIC ROLE —T Check t project perbrnred with currerd krh —--) k Construction Manager. Responsible fora 50-acre fabrication yard costing$26,000,000 subsequent to constructing a 55,000 sf personnel ' — housing and recreation facility for refinery employees on a remote island in the Arabian Gulf. STANDARD FORM 330(112004)PAGE 2 I i I i I i I i ) I � I