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HomeMy WebLinkAboutR35-Development Services IGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Council and Commission Resolutions approving Agreement with Republic ITS to Dept: Development Services design and install banner poles and related work on University Parkway north of i Date: February 28, 2008 Varsity Avenue. k i File No. MCC Date: March 17, 2008 Synopsis of Previous Council Action: None Recommended Motion: 3 MOTION A Resolution of the Community Development Commission of the City of San Bernardino ("Commission") appropriating the sum of$107,216 from 2007-2008 State College Redevelopment Project Area Tax Increment Funds ("Funds")to the City of San Bernardino ("City") for construction of Banner Poles and Related Work on University Parkway, north of Varsity Avenue ("Public Improvements") and making certain findings and determinations related to the construction of said Public Improvements and said Funds; and MOTION B Authorize the Director of Finance to amend the FY07-08 budget to create a new capital improvement project and to appropriate $107,216 in the Street Construction Fund, Account No. 242-362-5504-XXXX, for the "Design and installation of banner poles and related work on University Parkway north of Varsity Avenue" and to budget revenue reimbursement for the project from the Economic Development Agency (EDA) in the amount of$107,216; and MOTION C Resolution of the Mayor and Common Council of the City of San Bernardino ("Council") (1) approving and authorizing the City Manager to execute an Agreement by and between the City of San Bernardino("City")and Republic ITS ("Contractor") in the amount of$89,346 and (2) making certain findings and determinations and consenting to the payment for Public Improvements by the Redevelopment Agency of the City of San Bernardino ("Agency") in the not-to-exceed amount of$107,216 from the Agency's 2007-2008 State College Redevelopment Project Area Tax Increment Funds. 04 / Z a►- Valerie C. Ross Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Vicinity Map&Resolutions Ward: 5 FUNDING REQUIREMENTS: Amount: $107,216.00 Source: (Acct. No) 242-362-5504-XXXX g5. Acct.Description: Banner Poles on University Parkway 3 Finance: if I !LJU Agenda Item No. 35* CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Council and Commission Resolutions approving Agreement with Republic ITS to design and install banner poles and related work on University Parkway north of Varsity Avenue. Background: On November 6, 2007, the City issued a request for design/build proposals to design and install banner poles and related work on University Parkway north of Varsity Avenue. The project consists of designing and installing decorative poles, cables and connectors to support a 36' wide banner spanning across the northbound lanes of University Parkway north of Varsity Avenue. On October 1, 2007, the Mayor and Common Council approved a motion to direct the Community Development Commission to authorize the request for $76,000 for the purchase and installation of banner poles on University Parkway. This authorization was made prior to receipt of bids. Due to the wind forces exerted on the decorative poles with a banner in place, engineered plans are required. For that reason, a design/build process was specified, leaving the successful bidder with the responsibility of selecting or designing poles that are capable of withstanding the wind forces (up to 100 miles per hour), preparing the construction plans and installing the banner poles and related work. Copies of a request for proposal (RFP) to design/build the project were sent to thirteen (13) contractors in the local area who have indicated an interest in this type of work. In addition, the project was advertised locally in the San Bernardino County Sun Newspaper, F. W. Dodge, High Desert Plan Room, Construction Bid Board, Reed Construction Data and Bid America, Construction Bid Source, Bid Ocean, the City's web site, and the San Bernardino Area Chamber of Commerce. Proposals for the project were opened on November 26, 2007. Only one bid was received and is listed below: Name of Proposer City Amount of Basic Bid Republic ITS Riverside $89,346.00 Engineer's Estimate $50,000.00 The Engineer's estimate was based on informal bids obtained from local electrical contractors. One of the local contractors indicated that the design/build requirement was not their type of work. Others stated that that they were committed at the time to larger projects or that they were not interested in the project. The estimated total project cost is as follows: Design/Build Cost(Basic Bid) $ 89,346.00 -Contingencies (Approx. 10%) $ 8,935.00 Construction Management & Inspection $ 8,935.00 Estimated Total Project Cost $ 107,216.00 2 02/28/08 12:08 PM CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued Due to the fact that this was an unplanned public improvement project, there are no funds available in the City's Capital Improvement Program. Consequently, the Mayor and Common Council, on October 1, 2007, directed EDA staff to identify funding in the amount of$76,000 for this project; however, that estimated amount was based on City staff estimates and not upon actual bids. No further Community Development Commission action was ever taken on the matter until the submittal of this agenda item. Therefore, it is proposed that the Agency contribute the sum of$107,216, which includes the contract amount, 10% contingency, and 10% for construction management and inspection, from State College Redevelopment Project Area Tax Increment Funds. Both the Commission and Council are required to make certain findings with regard to the use of tax increment revenues for public improvements. Said findings and determinations are set forth in the attached Resolutions. Financial Impact: Funding in the amount of$107,216 will come from State College Redevelopment Project Area Tax Increment Funds. The EDA has a companion resolution approving total funding in the amount of$107,216. A motion is included to amend the FY07-08 budget to create a new capital improvement project and to appropriate $107,216 in the Street Construction Fund, Account No. 242-362-5504- XXXX, for the "Design and installation of banner poles and related work on University Parkway north of Varsity Avenue." The City will award the contract, administer the project, and pay the contractor. The cost of the project will be reimbursed from the Economic Development Agency (EDA) in the not-to-exceed amount of$107,216. Recommendation: MOTION A Resolution of the Community Development Commission of the City of San Bernardino ("Commission") appropriating the sum of $107,216 from 2007-2008 State College Redevelopment Project Area Tax Increment Funds ("Funds") to the City of San Bernardino ("City") for construction of Banner Poles and Related Work on University Parkway, north of Varsity Avenue ("Public Improvements") and making certain findings and determinations related to the construction of said Public Improvements and said Funds; and MOTION B Authorize the Director of Finance to amend the FY07-08 budget to create a new capital improvement project and to appropriate $107,216 in the Street Construction Fund, Account No. 242-362-5504-XXXX, for the "Design and installation of banner poles and related work on University Parkway north of Varsity Avenue" and to budget revenue reimbursement for the project from the Economic Development Agency (EDA) in the amount of$107,216; and MOTION C Resolution of the Mayor and Common Council of the City of San Bernardino ("Council") (1) approving and authorizing the City Manager to execute an Agreement by and between the City of San Bernardino ("City") and Republic ITS ("Contractor") in the amount of$89,346 and (2) making certain findings and determinations and consenting to the payment for Public Improvements by the Redevelopment Agency of the City of San Bernardino ("Agency") in the not-to-exceed amount of $107,216 from the Agency's 2007-2008 State College Redevelopment Project Area Tax Increment Funds. 3 02/28/08 12:08 PM CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued Attachments: • Vicinity Map • Community Development Commission Resolution • Mayor and Common Council Resolution 4 02/28/08 12:08 PM s BANNER POLES ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE AND SOUTH OF SHOPPING CENTER ENTRANCE VICINITY MAP o ® 1 RESOLUTION NO. 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO ("COMMISSION") APPROPRIATING THE SUM OF $107,216 3 FROM 2007/2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX 4 INCREMENT FUNDS ("FUNDS") TO THE CITY OF SAN BERNARDINO ("CITY") FOR THE CONSTRUCTION OF BANNER POLES AND RELATED WORK ON UNIVERSITY 5 PARKWAY, NORTH OF VARSITY AVENUE ("PUBLIC IMPROVEMENTS") AND MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATED TO THE 6 CONSTRUCTION OF SAID PUBLIC IMPROVEMENTS WITH SAID FUNDS. 7 WHEREAS, the City of San Bernardino ("City") is a municipal corporation and charter 8 city, duly organized and existing pursuant to the provisions of the Constitution of the State of 9 California; and 10 WHEREAS, the Redevelopment Agency of the City of San Bernardino ("Agency") is a 11 public body, corporate and politic, existing under the laws of the State of California, Health and 12 Safety Code 33000, et seq., and is charged with the mission of redeveloping blighted and 13 underutilized land, including the provision of public street improvements within the redevelopment 14 project areas; and 15 WHEREAS, the City desires to design, construct and install banner poles and related work 16 on University Parkway, north of Varsity Avenue ("Project Improvements") within the State 17 College Redevelopment Project Area- ("Project Area") and furthermore, after completing the 18 necessary bidding process, the City desires to retain Republic ITS as the contractor ("Contractor") 19 to perform said Project Improvements; and 20 WHEREAS, the Agency desires to assist the City in accomplishing said Project 21 Improvements by providing Tax Increment Funds in the maximum amount of$107,216, from the 22 Project Area; and 23 WHEREAS, pursuant to Health and Safety Code Section 33445, the Community 24 Development Commission of the City of San Bernardino ("Commission"), the governing body of 25 the Agency, must make certain findings and the Agency must obtain the consent of the Mayor and 26 Common Council of the City of San Bernardino ("Council") and the Council must make certain 27 findings prior to the Agency paying for the costs of installation and construction of said Project 28 Improvements which are publicly owned. 1 ,rZ -Z RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 1 OF SAN BERNARDINO ("COMMISSION") APPROPRIATING THE SUM OF $107,216 2 FROM 2007/2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT FUNDS ("FUNDS") TO THE CITY OF SAN BERNARDINO ("CITY") FOR 3 THE CONSTRUCTION OF BANNER POLES AND RELATED WORK ON UNIVERSITY PARKWAY, NORTH OF VARSITY AVENUE ("PUBLIC IMPROVEMENTS") AND 4 MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATED TO THE 5 CONSTRUCTION OF SAID PUBLIC IMPROVEMENTS WITH SAID FUNDS. 6 NOW, THEREFORE, THE COMIMUNITY DEVELOPMENT COMMISSION OF THE CITY 7 OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER,AS FOLLOWS: 8 Section 1. The Commission hereby approves the allocation of 2007/2008 State College 9 Redevelopment Project Area Tax Increment Funds in the amount not to exceed $107,216 in order 10 for the City to award a contract to the Contractor to design, build and install the Project 11 Improvements; and the Commission further authorizes the Interim Executive Director of the 12 Agency to transfer to the City, the maximum amount of $107,216 for the construction of said 13 Project Improvements and pursuant to Health and Safety Code Section 33445, the Commission hereby makes the following findings and determinations concerning the installation and iL 14 15 construction of the Project Improvements to be constructed within the Project Area and determines: 16 (1) that the improvements are of benefit to the Project Area; (2) that no other reasonable means of 17 financing the Project Improvements are available to the community; (3) that the payment of the 18 cost of the Project Improvements will assist in the elimination of one or more blighting conditions 19 inside the Project Area; and (4) that the payment of said Project Improvements are consistent with 20 the Redevelopment/Implementation Plan for the Project Area. 21 22 23 24 25 26 27 28 2 RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY 1 OF SAN BERNARDINO ("COMMISSION") APPROPRIATING THE SUM OF $107,216 2 FROM 2007/2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT FUNDS ("FUNDS") TO THE CITY OF SAN BERNARDINO ("CITY") FOR 3 THE CONSTRUCTION OF BANNER POLES AND RELATED WORK ON UNIVERSITY PARKWAY, NORTH OF VARSITY AVENUE ("PUBLIC IMPROVEMENTS") AND 4 MAKING CERTAIN FINDINGS AND DETERMINATIONS RELATED TO THE 5 CONSTRUCTION OF SAID PUBLIC IMPROVEMENTS WITH SAID FUNDS. 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community 7 Development Commission of the City of San Bernardino at a meeting 8 thereof, held on the day of , 2008, by the following vote to wit: 9 Commission Members: Ayes Nays Abstain Absent 10 ESTRADA 11 BAXTER 12 BRINKER DERRY 13 14 KELLEY JOHNSON 15 MC CAMMACK 16 17 18 Secretary 19 The foregoing Resolution is hereby approved this day of 32008. 20 21 Patrick J. Morris, Chairperson Community Development Commission 22 of the City of San Bernardino 23 Approved as to Form: 24 By: 25 Agency C nsel 26 27 28 3 1 RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO ("COUNCIL") (1) APPROVING AND AUTHORIZING THE CITY 3 MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND REPUBLIC ITS ("CONTRACTOR") IN THE AMOUNT 4 OF $89,346 AND (2) MAKING CERTAIN FINDINGS AND DETERMINATIONS AND 5 CONSENTING TO THE PAYMENT FOR PUBLIC IMPROVEMENTS BY THE REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") IN 6 THE TOTAL AMOUNT OF NOT TO EXCEED $107,216 FROM THE AGENCY'S 2007- 2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT 7 FUNDS. 8 WHEREAS, the City of San Bernardino (the "City"), is a municipal corporation and 9 charter city, duly organized and existing pursuant to the provisions of the Constitution of the State 10 of California; and 11 WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency"), is 12 a public body, corporate and politic, existing under the laws of the State of California, Health and 13 Safety Code 33000, et seq., and is charged with the mission of redeveloping blighted and 14 underutilized land within the redevelopment project areas; and 15 WHEREAS, the City desires to design, construct and install banner poles and related work 16 on University Parkway, north of Varsity Avenue ("Project Improvements") within the State 17 College Redevelopment Project Area ("Project Area"); and 18 WHEREAS, the City, on November 6, 2007, issued a request for designibuild proposals for 19 said Project Improvements; and 20 WHEREAS, the Agency desires to assist the City in accomplishing said Project 21 Improvements by providing tax increment funds from the Project Area in the amount of$107,216; 22 and 23 24 WHEREAS, pursuant to Health and Safety Code Section 33445, the Community 25 Development Commission of the City of San Bernardino (the "Commission"), the governing body 26 of the Agency, must make certain findings and the Agency must obtain the consent of the Mayor and Common Council of the City of San Bernardino (the "Council") and the Council must make 27 certain findings prior to the Agency paying for the costs of installation and construction of said 28 Project Improvements which are publicly owned. 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN 1 BERNARDINO ("COUNCIL") (1) APPROVING AND AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND REPUBLIC ITS ("CONTRACTOR") IN THE AMOUNT 3 OF $89,346 AND (2) MAKING CERTAIN FINDINGS AND DETERMINATIONS AND CONSENTING TO THE PAYMENT FOR PUBLIC IMPROVEMENTS BY THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") IN 5 THE TOTAL AMOUNT OF NOT TO EXCEED $107,216 FROM THE AGENCY'S 2007- 2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT 6 FUNDS. 7 NOW, THEREFORE, IT IS HEREBY RESOLVED, DETERMINED AND ORDERED 8 BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS 9 FOLLOWS: 10 Section 1. Republic ITS, 1266 North La Loma Circle, Anaheim, California 92806, is 11 competent, experienced and has submitted the only proposal for said Project Improvements, for 12 the not-to-exceed amount of$89,346 based on the proposal, dated November 26, 2007, attached 13 as Attachment"1" and incorporated herein. 14 Section 2. Pursuant to Health and Safety Code Section 33445, the Council hereby 15 makes the following determinations concerning the installation and construction of the Project 16 Improvements which are publicly owned and determines: (1) that the improvements are of 17 benefit to the Project Area; (2) that no other reasonable means of financing the Project 18 Improvements are available to the community; (3) that the payment of the cost of the Project 19 Improvements will assist in the elimination of one or more blighting conditions inside the Project 20 Area; and (4) that the payment of said Project Improvements are consistent with the Project Area 21 Redevelopment/Implementation Plan, and the Council hereby consents to the payments to be 22 made by the Agency for the Project Improvements as set forth in the Recitals of this Resolution. 23 Section 3. The City Manager, on behalf of the City, is hereby authorized and directed 24 to execute the Agreement with Republic ITS, attached as Exhibit"A", and incorporated herein. 25 Section 4. The authorization to execute the above-referenced Agreement is rescinded 26 if it is not executed within sixty(60) days of the passage of this Resolution. 27 28 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN I BERNARDINO ("COUNCIL") (1) APPROVING AND AUTHORIZING THE CITY 2 MANAGER TO EXECUTE AN AGREEMENT BY AND BETWEEN THE CITY OF SAN BERNARDINO ("CITY") AND REPUBLIC ITS ("CONTRACTOR") IN THE AMOUNT 3 OF $89,346 AND (2) MAKING CERTAIN FINDINGS AND DETERMINATIONS AND CONSENTING TO THE PAYMENT FOR PUBLIC IMPROVEMENTS BY THE 4 REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO ("AGENCY") IN 5 THE TOTAL AMOUNT OF NOT TO EXCEED $107,216 FROM THE AGENCY'S 2007/2008 STATE COLLEGE REDEVELOPMENT PROJECT AREA TAX INCREMENT 6 FUNDS. 7 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 8 Common Council of the City of San Bernardino at a meeting 9 thereof, held on the day of , 2008, by the following vote to wit: 10 Council Members: Ayes Nays Abstain Absent 11 ESTRADA BAXTER 12 . BRINKER 13 DERRY 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 Rachel G. Clark, City Clerk 19 20 The foregoing Resolution is hereby approved this day of , 2008. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino 24 Approved as to Form: 25 26 By: 27 J es F. Penman ity Attorney 28 3 EXHIBIT "A" AGREEMENT FOR DESIGNIBUILD SERVICES FOR THE DESIGN AND INSTALLATION OF BANNER POLES ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE THIS AGREEMENT is made and entered into this day of , 2008 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and REPUBLIC ITS ("Contractor"). WITNESSETH : A. WHEREAS, City proposes to have Contractor provide Design/Build Engineering Services for the design and installation of Banner Poles on University Parkway north of Varsity Avenue as described herein below; and B. WHEREAS, Contractor 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 Contractor 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 CONTRACTOR 1.1. Scope of Services. Contractor shall provide Civil and Construction Engineering Services for the design and installation of Banner Poles on University Parkway north of Varsity Avenue to City in accordance with the scope of services, and timeline, attached and incorporated herein as Attachment "1". Contractor shall accomplish the design of the Banner Poles on University Parkway north of Varsity Avenue in accordance with standards of the City and the requirements of the Request for Design/Build Proposal, attached and incorporated herein as Attachment"2". 1.2. Professional Practices. All professional and contractual services to be provided by Contractor 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 Contractors in similar fields and circumstances in accordance with sound professional practices. Contractor 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 Contractor's performance of this Agreement. \\Sierra\DS\-Public Works\RFCA's\2008 A11\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 1 EXHIBIT "A" 1.3. Warranty. Contractor 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 services required under this Agreement. Contractor shall indemnify, defend, 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 Contractor's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Contractor 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. Contractor acknowledges that City may enter into agreements with other Contractors 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 Assi n ment. 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. 1.7. Business License: The Contractor 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 Contractor understands and agrees that as the City's Design/Build Contractor, Contractor shall maintain a fiduciary duty and a duty of loyalty to the City in performing Contractor's obligations under this Agreement. Contractor, 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 compensated for such services for the fixed amount of $89,346.00 as indicated in Attachment "2", attached and incorporated herein. 2.2. Additional Services. Contractor shall not receive compensation for any services provided outside the scope of services specified in this Agreement unless the S:\-Public Works\RFCA's\2008 A11\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 2 EXHIBIT "A" City, prior to Contractor 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. Contractor may submit invoices to the City Engineer for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Contractor's services which have been completed to City's sole satisfaction. City shall pay Contractor'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 Contractor's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to the City 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 completed within five (5) months unless otherwise approved by the City 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 until satisfactory completion of all work contemplated herein. The date of satisfactory completion shall be the date of recording by the City Engineer of the "Notice of Completion" for the project. 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 Contractor. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Contractor shall immediately stop rendering services under this Agreement unless directed otherwise by S:\—Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 3 EXHIBIT "A" the City. 4.3. Compensation. In the event of termination, City shall pay Contractor 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 Contractor. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Contractor 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 Contractor, at no cost to City. Any use of uncompleted documents without specific written authorization from Contractor shall be at City's sole risk and without liability or legal expense to Contractor. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Contractor 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. Contractor 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. S:\_Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 4 EXHIBIT "A" 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. Contractor 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 Contractor 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. Contractor shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Contractor called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Contractor in the performance of this Agreement. S:\--Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 5 EXHIBIT"A" Contractor shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Contractor or its Project Manager 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 CONTRACTOR: IF TO CITY: Republic ITS Valerie C. Ross 1266 N. La Loma Circle Director of Development Services Anaheim, CA 92806 300 North "D" Street San Bernardino, CA 92418 Fax: 714-630-2828 Fax: 909-384-5080 Tel: 714-630-2100 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 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. Contractor shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Contractor'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 Contractor of Contractor's obligation to perform all other obligations to be performed by Contractor hereunder for the term of this Agreement. 5:\-Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 6 EXHIBIT "A" 6.8 Indemnification and Hold Harmless. Contractor 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's 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 Contractor, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Contractor is and shall be acting at all times as an independent contractor and not as an employee of City. Contractor 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 Contractor and its officers, agents, and employees, and all business licenses, if any are required, 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 Contractor or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Contractor 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 Contractor. City shall indemnify and hold harmless Contractor 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 Contractor. Contractor 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. Contractor 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 Contractor, 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 Contractor 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. Contractor shall be responsible for its work and results under this Agreement. Contractor, when requested, shall furnish clarification S:\-Public Works\RFCA's\2008 All\03-17-08\Banner Poles\Exb A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 7 EXHIBIT "A" 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 Contractor occurs, then Contractor shall, at no cost to City, provide all necessary design drawings, estimates and other Contractor 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. Contractor 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 and Contractor 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 with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. S:\-Public Works\RFCA's\2008 AH\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 8 EXHIBIT "A" 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\2008 All\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 9 EXHIBIT "A" AGREEMENT FOR DESIGN/BUILD SERVICES FOR THE DESIGN AND INSTALLATION OF BANNER POLES ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE 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, REPUBLIC ITS A Municipal Corporation, Contractor By Fred Wilson, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney By S:\ 'ublic Works\RFCA's\2008 All\03-17-08\Banner Poles\Exh A-Agreement Design&Build Banner Poles on University at Varsity.doc.doc 10 A I I AUHMEIN 1 -1- Proposal to: Republic City O ITS San Bernardino California: ~� _ ', 1 '.',-f4 } Corporate Headquarters �l$ A x -•• '' 371 Bel Marin Keys Blvd,Suite 200 Novato,CA 94949 `'", Yy (800) LIGHTS-ON k it �y4�fs '�_�� rk•i M *i ;s Phone:(415)884-3000 � r� z^=.; .� •y Fax:(415)884-4800 ,� ♦ !. L -` r ;� �..�• ., � mot: �; 2240 Business y,:: . t r �, Riverside,CA 92501 , ,, Phone:951 Fax:951-784-6700 3765 Yale Way 4 i Fremont,CA 945381 r 'x `c •� Phone:(510)440-8127 .S! �41k } Fax:(510)440-1751 (. �� ;�f a z•r� riy r 1513 Sports Drive Suite 250 Sacramento,CA 95834 Phone:(916)515-0855 Fax:(916)515-0865 Proposal to 1266 N.La Loma Circle Anaheim, 92806-1801 Design and Install Phone:(714)4)630-2100 Fax:(714)630-2828 Banner Poles and Related Work 9932 Prospect Avenue Santee, CA 92071 on University Parkway north of Phone:(619)562-1104 Fax:(619)562-1125 Va rs i ty Avenue Massachusetts: 8 Progress Road Billerica,MA 01821-5730 November 26, 2007 Phone:(781)647-8897 Fax:(781)891-9477 Texas: 2725 114"'Street Grand Prarie,T\ 75050 Phone: (817)633-5300 = Fax: (817)633-5350 HEPI BLIC IIS ('un%nlrnnul,r Prnprietaii AflAUHMEN'l' "I" T o: Republic Sail llernaildroll TABLE OF CONTENTS COMPANY PROFILE 1 SCOPE OF SERVICES 4 DESIGN STAFF 6 TIMELINE................................................................ 8 PREVIOUSOBLIGATIONS.................................................................................................................................13 SUB-CONTRACTORS AND VENDORS..........................................................................................................14 PRELIMINARY DESIGN OF BANNER POLE SYSTEM................................................................................Is LOCAL PREFERENCE ELIGIBILITY.................................................................................................................20 fiCITY-FURNISHED ITEMS...................................................................................................................................22 COMMENTSOR SUGGESTIONS.....................................................................................................................23 ACKNOWLEDGEMENT OF ADDENDA.........................................................................................................24 Rl.i'l 111A ITS Pr-oiloctail(unJi<Irnlrrtl,Y A 1`FAC;HMEIV 1 "1" To: Republic ITS Sail 11f1rnai. inn COMPANY PROFILE Republic ITS is an electrical contracting and transportation engineering firm founded in December 1991. A California licensed contractor, the company specializes in routine and on-call services to public agencies, including engineering studies and installation or maintenance of traffic signals and streetlights. Republic ITS' national staff of more than 200 employees includes an array of professional engineers and qualified technicians with numerous industry manufacturer and systems certifications. In 1991, the founders formed Republic ITS with a vision of providing excellent technical service within a framework of highly professional customer service, and a commitment to delivering new services such as design-build and enhancing time-honored traditions with new technology. After 15 years of successful growth, Republic ITS prides itself in providing a complete turnkey solution to transportation projects. This is highlighted by our extensive experience, exemplary staff, and solid commitment to providing exceptional customer service. Experienced qualified personnel, customer service, response time, and innovation in the traffic signal and streetlight business are priorities of our organization. Because of our performance, the company now provides on-call transportation engineering services to over 50 public agencies and private companies. Republic ITS' core business is traffic signal and streetlight maintenance and professional traffic engineering services. Our firm currently services over 4,500 traffic signalized intersections and 125,000 streetlights under long-term maintenance agreements nationwide. We are dedicated to meeting and exceeding the challenging public safety requirements associated with the streetlight and traffic signal maintenance industry. Republic ITS will use a combination of highly qualified personnel, a fleet of specially outfitted vehicles, the latest tools and equipment, and our unmatched knowledge, understanding, and experience in the streetlight and traffic signal industry to meet the needs of the City of San Bernardino. We currently: o Maintain streetlighting and/or traffic signals in eighty-nine (89) communities across Northern California c Maintain streetlighting and/or traffic signals in sixty-nine (69) communities across Southern California o Maintain streetlighting in over fifty (50) communities across Massachusetts and Texas C Provide engineering services for over twenty-five (25) public agencies and private companies o Have installed over 300,000 LED traffic signal retrofit kits for more than 100 public agencies across the United States ml;domral A PIa�,ncirn ! A•1 TAC ' U K I To: ITS Itcpublic '`�•�: San Bf�rnai�(iiin As the leader in the private streetlight and traffic signal and maintenance industry in California, Republic ITS is able to provide unparalleled expertise and outstanding value in street lighting and traffic signal related projects. Our strong partnerships established with a multitude of street lighting and traffic signal vendors, distributors, and wholesalers, gives us a tremendous opportunity to provide low-cost solutions to our customers. Our expertise from traffic signal and streetlight industry lends itself directly to banner pole installation projects. The required skills are the same and are summarized as follows: ✓ Completing site designs ✓ Coordinating with utility companies ✓ Potholing ✓ Forming and installing foundations ✓ Transporting and installing poles ✓ Owning and regularly using necessary equipment Republic ITS understands the challenges designing and installing banner pole projects, avoiding utility conflicts, obtaining permits, being responsible for job site conditions, and completing work on schedule and budget. With an extensive staff of IMSA-certified traffic signal technicians, electricians, laborers and registered Professional Engineers, we believe Republic ITS will provide the best possible service to the City of San Bernardino. REPUBLIC ITS OFFICE LOCATIONS Republic ITS's Corporate Headquarters are located in Novato, California with additional offices throughout California, Massachusetts, and Texas. Staff proposed to work on the banner pole project are located in Riverside and Fremont. All our office locations are shown on the cover. REI11 Ill.11'ITY r'ar�/i=Irnnal,E Prupru•iun A'I"1'AC:HMEN'I'"1" I r� Republic ITS � -lid r San Bel iuu ENGINEERING & PROFESSIONAL SERVICES Republic ITS' Engineering Services Group offers a full spectrum of engineering services. Our team of licensed Traffic and Civil Engineers and International Municipal Signal Association (IMSA) technicians offer a complete turn-key solution to your transportation engineering needs. Our ultimate goal is to provide municipalities with exceptional, cost effective traffic engineering support to meet all their transportation engineering requirements. Traffic Operations Services Republic ITS' staff of California licensed civil and traffic engineers teamed up with IMSA-certified electricians have a combined extensive knowledge and experience in the design, build, and maintenance of various ATMS systems and its equipment and components. Systems we have maintained and operate include but not limited to the following proprietary systems: Multisonics VMS 220 & 330, Naztec Streetwise Systems, Eagle ACTRA Systems, BI-Tran Systems, and Traconet Systems. Republic ITS recognizes that emerging ATMS technologies is becoming a trend of any municipal infrastructure whereas municipal focus has come to the deployment of more Intelligent Transportation Systems (ITS). As such, Republic ITS has established powerful partnerships with over 166 municipalities statewide where Republic ITS staff has gained extensive knowledge and experience in various ATMS system design, integration, implementation, and maintenance. As a service maintenance provider for various agencies, Republic ITS has acquired the unique ability of keeping abreast with emerging ATMS technologies being implemented statewide. This, in turn, creates the added benefit and resource for Republic ITS clientele, as well as Republic ITS staff internally, to learn from other agencies and the greater ability to provide expedient maintenance and troubleshooting. Analysis Services • Conduct stop control and traffic signal warrant evaluations 4 • Evaluate existing illumination levels • Develop, maintain and analyze collision databases for long term tracking of transportation system I•Y . �;. safety performance and potential for mitigations • Perform intersection level of service, timing and coordination analysis using Synchro, Sim Traffic, or _ TRANSYT 7F General Transportation Engineering Services =r - • Pursue various Federal, State, or Regional funding programs such as TEA-21, Safe Routes to School, Hazard Elimination Safety, Transportation Fund for Air Quality, Transportation for Livable Communities, Regional Traffic Signal Timing and utility rebate programs • Develop and recommend specific, signing, striping and streetlighting specifications and standards • Evaluate and address various citizen and motorist traffic safety requests and concerns Provide inspection and construction management services for traffic signals and streetlighting RL*N'8L/C l rs i A'1"1'A(:HMEN] "1" To: Republic ITS Sail Berflai inu SCOPE OF SERVICES Republic ITS will complete the design and installation services with the following work tasks. Design Phase ✓ Hold a kickoff meeting with City staff, request the following input: o Right-of-way mapping o Aerial photography o Utility company contacts (name, phone, and address) o CAD Standards o Sample plans with approved format o A copy of the City's Standard Drawings ✓ Prepare technical specifications for materials that match the requirements in the Request for Proposal (RFP), or a mutually agreed ✓ Prepare plan drawings in conformance with City CAD standards and the requirements in the RFP ✓ All dimensions will be accurate plus or minus one foot, precise horizontal control is not included, vertical control is not included ✓ Relevant existing conditions will be shown within 100 feet of the installation. Existing facilities that are not affected by the banner pole installation will not be considered relevant. ✓ Send draft design sheets to utility companies to have existing underground utilities marked. Utility information that may conflict with the banner pole installation will be shown on the plans. Any utility more than 20 feet from a foundation will not be shown on the plans. ✓ Prepare detail sheets to show foundation reinforcing, anchor bolts, cables, clamps, connectors. ✓ Call USA to have utilities marked, record markings on the plans ✓ Adjust design to avoid potential conflicts ✓ Pothole utilities where conflicts appear unavoidable ✓ Periodically: Update the project schedule and transmit it to City staff Send copies of utility correspondence to City c Update the installation cost estimate and inform City staff of any changes from the original or latest costs. AN 4 ('nnfJ�ura/rC!'rnlarrvnn ATTACHMENT "1 To: Republic " ITS San Bernal. ino ✓ Submit the design package for City review at the Draft and Pre-Final levels of completion, with plan sheets in I I"x 17" bond paper and Adobe electronic formats and technical specifications in 8 '/2" x I I" paper and MS Word electronic formats. ✓ Meet with the City for the kickoff meeting and to receive comments on the Draft submittal. ✓ Deliver electronic AutoCAD files and mylar plots of the final plans after construction is complete and AsBuilt changes are incorporated. Construction Phase ✓ Update or confirm construction cost estimate ✓ Submit required bonds as listed in the RFP ✓ Schedule a pre-construction conference ✓ Prepare and submit weekly work schedule, update if required by changes ✓ Coordinate with inspector ✓ Document field conditions to include digital photographs of existing concrete and landscaping improvements ✓ Furnish and install banner poles as required in the RFP, plans, and technical specifications RLV HI.I( (T1 5 c urr�idrnnul,� Ib rprret rn ATTACHMENT "1" To: Republic ... Sail lii�rn�r inn DESIGN STAFF The key strength of our team lies in the regularity with which we perform traffic signal timing and coordination work. Our staff is focused on providing traffic engineering services to our agency clients, often on an on-call basis. We are able to balance our workload and schedule work with realistic deadlines because of the flexibility of our on-call services and our ability to call on help from available staff when needed. W Iro Principal-in-Charge James Wagner, PE 0 Republic ITS Steve Fitzsimons, Quality Control PE, TE Andrew Poster, PE, Project Manager TE, PTOE Design Team Mike Kato, PE—Associate Engineer Beza Kedida—Assistant Engineer Mark Futhey—Construction Foreman Gary Keller—Foundation Design' Field Technicians, Data Collection and Programming South Coast Lighting and Design The following paragraphs highlight the role of each key staff member. Jim Wagner, PE, Principal in Charge — Jim will act as a shareholder of Republic ITS and review all contractual items. He will also serve as a resource in the event the project team does not perform to the satisfaction of the City. Steve Fitzsimons, PE, TE, Project Manager — Steve will serve as the primary point of contact for the City. He will attend all project manager meetings. He will be in technical charge of all work tasks developed for this contract. AV Andrew Poster, PE, TE, PTOE, Quality Control — Andy will perform a high level review of all work products. He will ensure products meet the contract requirements. KEP! /Uh ITS 6 C',ut/iJrnrin!X I'rr,/n iy u� ATTACHMENT "I" To: I'15 ,San Bernardino Mike Kato, PE — Associate Engineer — Mike will serve as lead CAD designer. He will complete the coordination work with utility companies and will incorporate details furnished by South Bay Lighting into the design drawings. Beza Kedida, Assistant Engineer — Beza will be responsible for data collection and assisting with design tasks delegated by Mike. Mark Futhey, Construction Foreman — Mike is a senior electrician with Republic ITS and will supervise the banner pole installation. Gary Keller, PE —Will be in charge of preparing the foundation design and selecting the banner poles. Field Technicians — The field technicians will assist with data collection, especially in terms of collecting existing timing plans and As Built drawings and photographs of controller cabinets. They will also help with implementation and fine tuning. r r ('rmfJ�nnul,f Nrnpr'uvrrn ATTACHMENT"I" To: r( J I Il('I)UI)lIC - 1.1,1 gill I B(roillr IIIO TIMELINE Republic ITS will complete the scope of services according to the timeline shown in the table below. Work Item Time from NTP Cumulative Time Notice to Proceed (NTP) 0 weeks 0 weeks Kickoff Meeting/Field Review/Pole Submittal* I week I week Release Pole Order (16 week lead time) 16 weeks 17 Weeks Base Mapping/Utility Information Requests I week 17 weeks Draft Design/USA Utility markings 2 weeks I7 weeks City Review (Per RFP) 3 weeks 17 weeks Pre-Final Design (Construction Ready) 3 weeks 17 weeks City Review (Per RFP) 3 weeks 17 weeks Update construction cost estimate/submit bonds I week 17 weeks Pre-construction conference I week 17 weeks Document field conditions I week** 17 weeks** Installation 4 weeks 21 weeks Notes: * = We will work with the City to approve a pole type and style as soon as possible after the Notice to Proceed to minimize the impact of the long lead time for the poles. liti P!'Hl./t'I'1:S K C un�drrural C Pruprrrnn� ATTACHMENT "1" To: Itc niblir ITS Jul • Sau Ill�rnar iuo SIMILAR PROJECT EXPERIENCE Republic ITS and South Coast Lighting and Design have completed several banner pole installation projects in the last few years. Details are included below and on the following pages. Republic ITS has been extremely successful retaining our traffic signal, streetlight, and engineering customers due to our never-ending desire to offer the best possible customer service. Republic ITS has an exemplary customer service track-record highlighted by our well qualified field personnel, knowledgeable customer service representatives, and proprietary detailed monthly reports. We understand what is required to build and maintain a community's electrical infrastructure and exceed our customer's expectations. We welcome and encourage you to contact the references list below to learn more about Republic ITS. Republic ITS experience is summarized on the following pages. We have not completed similar work as part of a team with South Coast Lighting and Design before. South Coast Lighting and Design experience is summarized below: City of Paramount—2 locations Completion Dates: 2005 and 2006 Reference: Chris Cash, Public Works 15300 Downey Ave. Paramount, CA 90723 (562) 220-2020 City of Westminster— I location Completion Date: 2007 Reference: Jake Ngo, Public Works Public Works Administration/Engineering 8200 Westminster Boulevard Westminster, CA 92683 (714) 898-3311 xl:r� ,�r.n rrc 9 ('nnli,lrnnn!.f 14•nlirri•Aln ATTACHMENT "1" To: Mal Sail Herilardiilu Project Title: Install Banner Poles and Foundations Location: Sir Francis Drake Boulevard, Hcpublic San Anselmo, CA ITS Client Town of San Anselmo I` It;clliylu't Ti 1)Ort,ituoil Project Description: Republic ITS furnished and installed two banner poles for the Town of San Anselmo. The project involved demolishing the existing banner pole foundations, hand digging and constructing new concrete foundations and installing the new banner poles. Work was completed in December 2002. Reference: Rabi Elias Director of Public Works Town of San Anselmo Ph: (415) 258-4616 k _ Aft i f• � b REN 81./C/78 10 Conhclennal,j l'ropr•rewi:i ATTAC 4MENT Tu: F Say I�i�rnar iiio Project Title: Install Promotional Banner System Location: Vista Village Drive at Indian Avenue, Republic Vista, CA ITS Client City of Vista I�:�:Ilir�r�ct !{ S''.vices Project Description: Republic ITS provided the installation of a promotional banner system in the City of Vista. This project involved digging and pouring two type 26-2-129 foundations, furnishing and installing two banner poles, and suspending two hi-strength span cables between the two poles. Work was completed in November 2006. Reference: Mikhail Ogawa Project Engineer City of Vista Ph: (760) 726-1340 REN HL A 11:5 ('nnJr,lrnnal d' Prnpr�eArrr ATTACHMENT "1" To: 1.- q,a Sall B('I-Rd r IIIII Project Title: Remove and Replace Damaged Banner Poles Location: Two Locations on Fourth Street, Reptibtic San Rafael, CA Irs Client: County of Marin I; In'.ulligunt Tronsportl+tion Sa vii:cb Project Description: Republic ITS replaced four banner poles on Fourth Street in the City of San Rafael. The poles had sustained damage due to extensive wind in April 1999. Republic removed the damaged poles and replaced them with reinforced steel poles. Work was completed in May 1999. Ar Reference: Farhad Mansourian Director of Public Works County of Marin �. Ph: (415) 499-6530 f is OF RL'Pt RLIC ll:4 1 ATTACHMENT "1" O: ITS Sail B��ri�ar inu PREVIOUS OBLIGATIONS Republic ITS design staff spend the large proportion of our time on on-call tasks for local agency clients. At any given time we are 100% committed to project work for the next week, about 50% committed for the following two weeks, and have no work commitments more than 3 weeks out. As such, our design staff are 100% available to complete the design work for this contract. Our field staff are typically 50% committed to ongoing traffic signal and streetlight maintenance projects and 50% to new construction work. At this time of year, however, our construction backlog is light and we anticipate new bidding opportunities to be advertised over the next few months. At the present time, our new construction project staff is available to install the banner poles for San Bernardino as soon as the design is approved. I j REM' BLIC ll:i 13 �'nilidr,r�iul.0 /'rnpru7dr� ATTACHMENT "1" To: Republic .x. Berndr inn SUB-CONTRACTORS AND VENDORS Republic ITS has one proposed sub-contractor, South Coast Lighting and Design. They will furnish the banner poles and design the banner pole foundations. i I i Rh Ill /10(•ITS 14 l•ur Jiderrnt! C Prn/u7rk�!C ATTAC u n To: Republic T Situ Berttilr iou PRELIMINARY DESIGN OF BANNER POLE SYSTEM Concept sketches of the banner pole system are shown on the following pages. iiLA 11S 15 ('u,!Ajenu.rlX 11roprrridry ATTACHMENT "1" Cu i o � r � c r� NI r 0 r. 6 e I N � zQ � z N n rA 0 eg Q ¢ u Q T U v �• v Q ti i 0 � U Z 7 IL ~ IL ° o � � a, QI H al 9! o� 6 d 612E 'ON SS?29L16b5 �W(_F�;� _g�0� H:�C n�ySS ; l LOOT '6l 'AON OIL— ATTACHMENT "1" O � Z Ea) N N �� r .ate `.�..r...� CV � fn N h °4 (� to La y C d p Q Y .. w o c w - CL `y d va V �+ W g d = W1 2 E .9 r� 0 re c y A ' C O � E L !0 LL LL LL. v r r J F j N LL G ` O Q o El 66 t 'n l 0 C T V TL.b Ln N 6?GC 1' �5��`9(1�v6 �1�:_H�:1 i`++�� ,�y,,,. !tib?�' • (i;�jZ 'E' q^N ATTACHMENT "1" X14 577 4015 GE Supply G°.18';;8 5.rr, 02.07-2007 4/5 MCA enginee, 9r►g COmuftants ca'IsLiNing engineers PFiO1ECT�4tJ7'AA1'k��rn. J06N0 � 1'--- 'a"-trarLbr19�_�?ATE --�---�_.SHHE'!'N F---.-_._.CfiKD. __,__-_•r�aA7E � i 402-2D30 A7 l�*7 VEILI `---►` 4Ti elk" LM:) 1170 Thp w �'��'-;T1 EIS�3�' •' . . ' .. .. .' _: .: �.:::. :.__�;.; (mZ fool s e. • B 'd BABE 'ON BB6B911G1=6 Ji;: _H�: is Y � H_^::,- 11''/�;�l l L�)iil 'bi 'P,CN ATTACHMENT"1" _ y ra LL •a K � .� � •a �� is C � ? a a � 3 � � o° �!J c o X Q Ln o G .c 0 >, E M 0 0 m L ee Cl. d cJ _d C• v __c a u Q r 3 Ql d) y — in cif zi � '^ • � ate' E .� '� ap �- d ` C: � v E c p .o = .0 9r Vv o m L°0. M F- i° _ p a 8 ' F' c y c v, LI)a 'o 'm - ' u c, °3 c — }p o s g o It .9 '.,Z 3 v v �i L9 E cv E DD' QJ 0 .E u° CL G It -6 i Z v N m Q € h m U U 8 0 0 � po � QQ O .a a� (i+ u � Q � ° CC) •E .n� L ` Q s Li ri t X?di z 4 Vb- Lo .:... GT3 Ctai Qj _ •E � c� � 'm ro E e g° o. 5ti,k� O! G o f .D t � `c a C Cal. o � a F O pQt: E o � a s oc ro S m o E E o f c •y = o o CL o-n Je tv � � � �'� R � � � •61 v U N Ca C � t �) � y J '.1 P � i G. as a c c m E = o c ? !6 ti 'c Bloc C�' 2'SPE 9LZ6t6 �N'..H�...;• .,:t+^j+;�+ •..... . �...-._..:—.°-..:=��;•.,,. ''�._._....f: ltiy�� 1000 '61 'AON ATTACHMENT"1" To: r�. Republic 1 ' ITS San Ilitrnar Ino LOCAL PREFERENCE ELIGIBILITY Republic ITS does not have an office in San Bernardino. The work for this contract will be done out of our Riverside office. A copy of our previous business license with the City is included on the following page. The license has expired but can be renewed if awarded work with the City. k RLP(130('174 )o ('r,n/rd�true/h l'ru/,r•n•turr • . ATTACHMENT "1" i i I � i t q =. -~' - Via'4dp • - —o L°0 - ' 0 : qj F;6 93q D KEEP FOR YOUR RECORDS CITY OF SAN BERNARDINO BUSINESS REGISTRATION CERTIFICATE ACCOUNT This Stamen Reyutntion CenlGeve doer not indiate the legal opmttion of the burin=at this location. Other spprora6 by Other City ACCT NO 918627 dcpart'""m such m Dmioprr=m servico ovy be required. This Ccmif=tc a issued without rcrir=ioo dut the ecrtir=lc is subject to or NUMBER mrmptfmmGe mmgbytheStateofCallfemia DATE PAID IQ/i)612�06 918627 AENEWAI The I)u:inns Owner u rapomble for timmly rrmcwal Not receiving s rsnewal notice for any r usm dam not alieac rvpondbQ`y for timely Paymera If rot Paid within 70 drys of the espiratim dye shown.C 505:pmahy%"I be ka mcd 545A $15000 BUSINESS CLASS: GENERAL CONTRACTOR EXPIRATION DATE DATE PAID NOTES: 8/31/2007 10/06/2006 BUSINESS LOCATION: 1266 N LA LOMA CIR N4{ ARprA OWNER,�OR WADE L WHITE �St BUSMESS NAME ` ' BA-LANCE $000 REPUBL IC INTEL IGENT TRANSPORTATION SERVICES ,, �, ,o ATTENTION MAILING ADDRESS 371 BEL.MARIN KEYS BLVD Rachel G, Clark NOVATO, CA, 94949-5699 CITYCLERK r �-'•:: . u If bar. e a� � . �t�:^`.�;� �; d �t� b a ; k[ CITY OF SAN BERNARDINO e-P&1 L3 L I G 175 Y1i!LL f?ENC'W l T:5 f3(1 J I lJc'Ss LICEI�/�E /rr1/r1E�D/�t-i ELF X,S PO . ATTACHMENT "1" To: Republic '#' two O"'.UArW 1 San B1111ndino CITY-FURNISHED ITEMS As stated in our Scope of Services, the following items or information are requested from the City: ✓ Right-of-way mapping ✓ Aerial photography ✓ Utility company contacts (name, phone, and address) ✓ CAD Standards ✓ Sample plans with approved format ✓ A copy of the City's Standard Drawings KEPI 1;;.A,l7S Confidential K Pruprirtar t ATTACHMENT "1" Tu: Republic ' ITS San lir�rH inn COMMENTS OR SUGGESTIONS As stated in our scope of services, Republic ITS suggests that the design phase end with the pre-final submitted and that Final drawings be produced at the end of construction. This suggestion will advance the start of installation about 6 weeks (one 3-week City review plus 2-3 weeks to respond to City comments and resubmit plans). Additionally, we suggest that the City review and approve a pole submittal as a first order of work so that we can release the pole order as soon as possible— minimizing the impact of the pole lead time on the overall project schedule. HF.1,,•at.�c ins 2; (nnJidepmal X h oprimn r ATTACHMENT "l" To: Republic ITS tiz San Bernar no J ACKNOWLEDGEMENT OF ADDENDA There have not been addenda issued on this contract. lw fidinhul f Fr�,pr,rrar� ATTACHMENT "2" Republic ITS InteI!igetit Transportation Services November 26, 2007 Michael Grubbs, P.E., Project Manager City,of San Bernardino Department of Development Services Division of Public Works 300 North "D"Street, 3rd Floor San Bernardino, CA 92418 RE: DESIGN BUILD PROPOSAL—BANNER POLES UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE Dear Mr. Grubbs: We offer to perform the following work, on the terms and conditions stated below, and at the prices shown, as follows: Design and install banner poles per our proposal dated November 26, 2007, and the Request for Proposals issued November 6, 2007. This work will include providing all engineering necessary for poles, foundations and layout, constructing reinforced concrete foundations, furnishing and installing poles, and furnishing and installing banner cable. A rate sheet for additional engineering and construction work is included on the following sheet. LABOR,MATERIAL AND EQUIPMENT... $89,346.00 This ofler shall expire 120 days from the date hereof and ma% be withdrawn by us at and time prior thereto with or without notice. phis ofler supersedes and prior offers. commitment or orders• contains all terms• conditions and warranties and when accepted, constitutes the entire contract between the parties. The resulting contract shall not be modified except h) f anal written amendment. phis otter shall he accepted by deliver% to us ofa cop) of this offer dul% signed by%ou in the space provided. The foregoing offer is hereby accepted this day of , 2007. CITY OF SAN BERNARDINO REPt;BLIC ITS Bti' Ja es A. Wagner. P.E. Title: VP Engineering -1-1 630.2 1„1� -I-1 630 282.5 12 c,r, �. C 92806 ATTACHMENT "2" Republic ITS Intoil,cuent Transportt(Uon Services November 26. 2007 Republic ITS Hourly Rate Schedule Principal Engineer $195.00 Senior Engineer $175.00 Associate Engineer $150.00 Assistant Engineer $125.00 Senior Engineering Technician $115.00 Engineering Technician $105.00 f Potholing - $500.00 per each �wr -I4, 030 '_Inn I: � 'f l 411_28: i 1266 V 1. S . ATTACHMENT "3" San Bernar flno CITY OF SAN BERNARDINO Development Services Department Public Works Division REQUEST FOR DESIGN/BUILD PROPOSAL TO DESIGN AND INSTALL BANNER POLES AND RELATED WORK ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE ISSUED ON: NOVEMBER 6, 2007 DUE ON: MONDAY, NOVEMBER 26, 2007, AT 4:00 PM Page 1 of 12 ATTACHMENT 663" I. INTRODUCTION The City of San Bernardino (City) intends to engage the services of a Contractor to design and install banner poles, cabling, connectors and related work across University Parkway north of Varsity parkway near the signalized Ralph's Supermarket entry. The banner will be supplied and installed by others. II. BACKGROUND University Parkway is a six-lane divided major arterial highway. The outside curb to outside curb width is 88-feet and the RM width is approximately 130- feet. See attachments "A" and "B". The median is approximately 14-feet wide and is planted with grass and trees. The banner and supporting system will span the northbound lanes only. The span will be approximately 44-feet. The City Engineer or his representative will mark the exact location of the poles. Ill. SCOPE OF SERVICES A. DESIGN PHASE 1. Contractor shall prepare construction documents and install banner poles and related components subject to the following requirements: a) The poles shall be decorative and finished with a powder fuze or electrostatically applied polyurethane coat and guaranteed to resist corrosion for at least 25 years. The City Engineer shall approve the color. b) Cables and clamps shall be corrosion resistant and designed to accommodate a banner 2.5-ft high and 36-feet wide. c) Minimum vertical clearance for all horizontal components crossing traffic lanes shall be 18-feet above top of the highest curb. d) The foundation, poles, cables and banner, in combination, shall be designed to resist sustained winds of 80 miles per hour and gusts up to 100 miles per hour assuming that the banner is perforated and designed to break away during high wind events. The wind speed at which the banner will break away shall be specified by the Contractor's design engineer and approved by the City Engineer. Design calculations shall be signed and stamped by a California licensed Civil or Structural Engineer and shall be submitted to the City for review and approval. e) Existing utilities shall be researched and location of potential conflict identified. If conflicts are encountered, the design of the banner poles shall be modified or arrangement made to relocate the conflicting utility. Page 2 of 12 ATTACHMENT "3" f) A 10-foot diameter aqueduct owned by the Department of Water Resources (DWR) is known to exist in University Parkway. Contractor shall comply with all requirements of DWR including acquisition of a permit, if required. g) Existing storm drain and sewer plans shall be reviewed and the design adjusted accordingly to avoid conflicts. h) Existing street light plans shall be reviewed to identify conflict with existing conduit and conductors. Conduit and conductors may be relocated if necessary. i) Pothole existing underground utilities where a high probability for conflict exists. Compensation for potholing shall be on a per pothole basis and shall be stated separately from the Contractor's design fee. 2. Contractor shall prepare the plans and specification and a cost estimate for the work in conformance with City of San Bernardino standards. Plans and specification shall conform to the following design requirements: a) The plans shall be prepared at a scale of 1 inch = 20 feet on standard 24" by 36" sheets, using the City of San Bernardino standard title block. b) The plans shall clearly show existing conditions, including but not limited to, the location and type of signing and striping, pavement markings, storm drain facilities and existing right-of-way limits. c) Contractor shall be responsible for survey, related research and other data or work needed to establish existing conditions. d) Contractor shall be responsible for inclusion of provisions in the plans and specifications to assure compliance with the City's National Pollutant Discharge Elimination Program (NPDES). e) The banner pole plan shall clearly show the location and type of the proposed improvements, including but not limited to, details and location of poles, foundation, reinforcing, anchor bolts, cables, clamps, conduit and wiring, including relocation of conflicting utilities, if any. f) Proposed signing and striping, pavement markings, raised pavement markers and curb markings shall be drawn to a scale of 1" = 40' on a separate 24" x 36" sheet with standard City title block. The signing and striping plan shall include all existing and proposed traffic striping, signing, pavement markings, raised pavement markers, and curb markings. g) In addition, the banner pole plans shall clearly indicate Page 3 of 12 ATTACHMENT 663" • the type and location of existing storm drain and street improvements, including but not limited to curbs, gutters, curb ramps, and cross gutters. • the type and location of existing and proposed wiring, conduit systems, and electrical service, including identification of the power I source. h) All improvements shall be designed in compliance and accordance with the Americans with Disabilities Act (ADA). i) Specifications shall be prepared in a format acceptable to the City Engineer and shall be based on the Standard Specifications for Public Works Construction, 2006 Edition, City of San Bernardino Standard Drawings, policies and procedures. j) The plans and specifications shall be signed and sealed by a civil engineer licensed to practice civil engineering in the State of California. k) The plans and specifications shall contain an approval block for the signature of the City Engineer. 3. Contractor should meet and confer with City staff during design phase to resolve design issues and ensure continuity with City standards and preferences. 4. Contractor shall conduct utility research and identify the location and depth of all existing utilities within the limits of the proposed improvements. Contractor shall be responsible for identifying and resolving utility conflicts both overhead and underground. Copies of all written communication (including maps) between the Contractor and utility companies shall be provided to the City. 5. Contractor shall submit an updated project schedule within 1 week of receiving a notice to proceed, indicating the design tasks and project timing from start to submittal of final plan and specifications. The Contractor shall estimate two (2) City plan reviews for each plan set. Each review should be estimated to take three (3) weeks for schedule purposes. Contractor shall provide an updated schedule every month showing progress and timing unless requested more frequently by City staff. Upon completion of the Contractor's work, the City shall have in hand, both an electronic, and a hard copy of an approved and signed set of completed plans, technical specifications, quantities, estimates and special provisions ready for bidding including all supporting data, calculations, utility locations, utility notices, survey data, permits and other details necessary to complete this project in a format acceptable to the City. Page 4 of 12 ATTACHMENT 663"' Contractor should expect to meet with the City on a monthly basis for updates on project progress, concerns, problems and accomplishments. The project design must be completed within one (1) month after the notice to proceed with design is issued. B. CONSTRUCTION PHASE 1. Prior to start of construction, Contractor shall prepare a cost estimate for approval of the City Engineer. 2. Contractor shall submit construction surety consisting of Payment and Faithful Performance Bonds based on the construction cost estimate and shall conform to Section 2-4, "CONTRACT BONDS", of the Standard Specifications for Public Works Construction, 2006 Edition. The contract bonds, including Payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having a rating in Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in California 3. After submittal of required bonds, the City shall schedule a pre-construction conference at which, among other matters, the construction start date and an estimated completion date shall be established. 4. During construction, all work shall be subject to inspection by the City Engineer, or designee, as provided by the Standard Specifications for Public Works, 2006 Edition, and shall conform to the plans and specifications as approved by the City Engineer. 5. During construction, Contractor shall comply with all requirement of the City's NPDES program. 6. Existing improvements, including landscaping and sprinkler systems, damaged during construction shall be restored to a condition equal to or better than the condition prior to the start of construction. 7. Progress payments for construction will be made monthly based on an estimate of the work completed during the preceding month. Ten-percent of each progress payment shall be withheld provided by the Standard Specifications for Public Works Construction 2006 Edition. 8. Upon completion of construction and acceptance of the work, the City Engineer will file a "Notice of Completion" for the project. Completion of construction shall include filing of all required documents including, but not limited to, certified payrolls, survey documents, manufacturer warranties, maintenance requirements, maintenance schedules and operating manuals. Page 5 of 12 ATTACHMENT "Y' IV 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, P.E., Project Manager 300 North "D" Street, 3`d Floor San Bernardino, CA 92418 Proposals shall be received in hand by this Division up to the hour of 4:00 P.M. on Monday, November 26, 2007. B. Responsive proposals will include, but not be limited to, the following: 1. Responsive proposals will present a Scope of Services that includes at a minimum the above described services and any other tasks necessary to achieve completion of design (PS&E) needed for the successful construction of the proposed improvements. 2. Identify the professional, technical and support subcontractors or staff that will be performing the design work associated with the proposed scope of services. Short resumes may be included, but extensive resumes should be limited to key personnel only. 3. Include a timeline indicating project milestones for the delivery of final plans, specifications, and cost estimates ready for construction, including but not limited to a flow chart showing project tasks and timing. Include allowances for review periods. 4. Include a list of similar projects recently completed by the Contractor, identifying the location, date, agency and contact person name, address and phone number. 5. Previous obligations with other projects (related to time and availability of staff). 5. Name of sub-Contractors and vendors to be used for specific aspects of the project, including a summary of previous working arrangements on similar types of work. 6. Include a preliminary design of the banner pole system, including proposed decorative pole design with manufacturer literature. 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 Page 6 of 12 i ATTACHMENT "3" business inside the City limits, and a copy of your firm's City of San Bernardino Business License. 8. Items, actions or information the Contractor expects to be provided by the City. 9. Any comments or suggestion that the Contractor believes necessary to improve the finished project or to comply with the requirements of this RFP. a 10. Acknowledgement by number and date in the introductory letter to the proposal any and all addenda issued to this RFP. 11. Separate sealed envelope. Fixed fee for the work required by this Request for Design/Build Proposal, 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 separately 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 Contractor services. A separate fee shall be stated for potholing. A price per pothole and an estimated number of potholes shall be provided. V. 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 IV B (except No. 11). An additional five (5) points will be given to City of San Bernardino based Contractors. In order to be deemed as "City of San Bernardino Based Contractor", the company shall have an office with a minimum of one (1) owner or employee doing business inside the City limits and shall possess a City Business License. The three (3) Contractors with the highest points will continue to the interviews. A maximum of 100 points can be achieved in this phase of the selection process. The three Contractors 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 Contractors 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, Page 7 of 12 ATTACHMENT 66399 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 Contractors that meet the requirements identified in paragraph 1 above. A maximum of 100 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 Contractors will be submitted to the Mayor and Common Council with a recommendation to award an Agreement for Professional Services to the Contractor 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 Contractors or reject all proposals. 4. If the Mayor and Common Council award an Agreement for Professional Services, the selected Contractor will be required to execute an Agreement for Professional Services (draft copy attached) and submit proof of insurance conforming to the attached "Liability/Insurance Requirements". Failure of the Contractor to execute the Agreement, including submittal of required documents, within 60 days of approval by the Mayor and Common Council will void the approval. VI 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. 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. VII PAYMENT The Contractor 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 Contractor 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 plans and specifications by the City, or 45 calendar days after the City issues a Notice of Completion for the project, whichever occurs first. Page 8 of 12 ATTACHMENT "3" Verbal clarification can be obtained by calling Mr. Michael W. Grubbs, P.E. - Project Manager at (909) 384-5179. If a written response is desired, then the request should be submitted in writing to Mr. Grubbs at (909) 384-5573 (fax). ATTACHMENTS: Attachment "A" — Location Map Attachment "B" —Aerial View Liability/Insurance Requirements Draft Copy of Agreement for Professional Services Page 9 of 12 ATTACHMENT 663" 4D ATTACHMENT "A" n r , `S• ffudfro�+ PA►1 �r = rh. `V CiJT• 1+tsy.�x�st�.. `�• 4d1 �;ar .'.�t.� ' 3T4> h11V 1�0 ;ai.-:.t v. BANNER POLES ON UNIVERSITY PARKWAY NORTH OF VARSITY AVENUE AND SOUTH OF SHOPPING CENTER ENTRANCE LOCATION MAP Page 10 of 12 't I I'1 �-���►=� �c �'.I I«it`:'�� i I'. I 1' ;1 I ,I,��' k,,, f s��L �,', �� �C 1 "f � •T ATTACHMENT 6'319 ATTACHMENT "B" BANNER POLES ON PARKWAY NORTH VARSITY AVENUE • , SOUTH OF SHOPPING ENTRANCE VICINITY MAP Page ATTACHMENT "3" LIABILITY / INSURANCE REQUIREMENTS Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverage's: (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. 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 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." Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverage's and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 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. Page 12 of 12