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HomeMy WebLinkAbout50-Public Works w ~ ~, - ..... - '""", CITY OF SAN BERNARDINO ,"'" ~ile No. 2.129, 14.40-68 ...J - REQUEST FOR COUNCIL ACTION Dept: Public Works/Engineering Subject: Authori zati on to Execute Agreement for Professional Oesign Services Chestnut Avenue Storm Orain CM Engineering From: ROGER G. HAROGRAVE Date: Apri 1 12, 1989 Synopsis of Previous Council action: 2-6-89 Authori zati on to proceed on Oi stri ct 987 and 988 by motion of Council. 4-3-89 Authorization to combine districts into single district 987 by motion of Council. Recommended motion: Adopt Resolution. cc: Jim Robbins, Acting City Administrator Jim Richardson, Deputy City Admin/Development Jim Penman, City Attorney Andrew Green, Dir. - Finance Contact person: Gene R. Klatt Staff Report, Resolution, & Agrppmpnt Phone: 5125 Supporting data attached: Ward: 5 FUNDING REOUIREMENTS: Amount: $63,500.00 Source:, (Acct. No.) 251-663-53925 (Acct. DescriPtion) Assessment paid from Bond Proceeds Finance: District 987 to be 1?~'~- Council Notes: 75-0262 Agenda Item NO.SO---,-- -- - Jt# to "-",", ....... v CITY OF SAN BERNARDINO /", V -1 - REQUEST FOR COUNCIL ACTION STAFF REPORT As a part of the Verdemont Infrastructure Improvements. an assessment district has been formed to complete the Chestnut Avenue drain. In seeking professional design services. staff sent 23 "Letters of Interest" and received 16 positive responses. Representatives of the Mayor's Office. Public Works Department, Flood Control District. and Administration screened the Letters of Interest and selected 5 firms to submit proposals for the work. A second Committee, with representatives from the Council Office, Mayor's Office, Administration, County Flood Control District, and City Public Works Department. reviewed the proposals and interviewed each of the five firms. An evaluation was completed on each firm. As a result of this selection process, the firm of C M Engineering Associates, Inc. has been selected by the Committee to perform the requi red desi gn work for the Chestnut Avenue storm drain. The attached agreement has been reviewed by City legal staff, and they have had input into its preparation. The agreement is for $63.500.00 and is to be funded from the proceeds of the sale of bonds for the assessment district. Bond Counsel, Bond Underwriters, and Assessment Engineer have been interviewed and selected, again by Committee. Staff recommends the adoption of the resolution awarding the design services to the selected firm. 4/12/B9 .~, 0.11",4 - _._-^-,_.._..._~.._'-- M . 10 11 12 13 14 15. -- - """" .,"" .~ '-" 1 RESOLUTION 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH C M ENGINEERING ASSOCIATES, INC., 3 RELATING TO THE ENGINEERING DESIGN OF THE CHESTNUT AVENUE STORM DRAIN. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said 8 City, an agreement with C M Engineering Associates, relating to 9 the engineering design of the Chestnut Avenue Storm Drain, which agreement is attached hereto, marked. Exhibit "A" and incorporated herein by reference as though fully set forth at length. SECTION 2. The authorization to execute the above- referenced agreement is rescinded if the parties to said agreement fail to execute it within sixty (60) days of the passage of this resolution. 16 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San 17 18 meeting held on the 19 ,by the following vote, to wit: day Bernardino, at a 19 of 20 AYES: Council Members 21 22 NAYS: 23 ABSENT: 24 25 City Clerk 26 27 28 JFW: 55 5-3-89 10 11 12 13 14 15 16 17 18 19 - - RESO: AUTHORIZAO THE EXECUTIOUF AGREEMENT WITH C M , " ENGINEERING ASSOCIATES, INC., RE: CHESTNUT A~NUE STORM DRAfN 1 2 The foregoing resolution is hereby approved this day of , 19_ 3 Evlyn Wilcox, Mayor City of San Bernardino 4 5 Approved as to form and legal content: 6 JAMES F. PENMAN, City Attorney 7 8 9 20 21 22 23 24 25 26 27 28 J ss 5-3-89 - - " """' ~ f .." EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this day of , 1989, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY", and C M ENGINEERING ASSOCIATES, INC., a California corporation, hereinafter referred to as "ENGINEER". WITNESSETH WHEREAS, City desires to obtain professional services to prepared engineering plans and specifications for construction of the Chestnut Avenue Storm Drain and Debris Basin. WHEREAS, in order to develop Chestnut Avenue Storm Drain, it is necessary to retain the professional services of a qualified engineering and consulting firm; and WHEREAS, Engineer is qualified to provide said professional services; and WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Engineer shall perform those services specified in "Scope of Services", a copy of which is attached hereto as Exhibit "I" and incorporated as though set forth in full. 2. TERM OF AGREEMENT The services of Engineer are to commence within thirty (30) days after the City has authorized work to start by issuance of a Notice of Proceed. The scheduled completion dates specifically set forth in Exhibit "2" attached hereto and incorporated herein as though set forth in full, will be adjusted by Engineer as the City authorizes the work, Such adjustments shall require City approval prior to commencement of performance of each phase. This Agreement shall expire as specified by the Exhibit "2" schedule unless extended by written agreement of the parties. 3. STANDARD OF PERFORMANCE Engineer shall complete all work product and design in conformance with the City of San Bernardino's Standard Drawings, San Bernardino Flood Control Standards, or other approved standards. 1 - . ..... ,F""'" " """ '-' 4. CHANGESIEXTRA SERVICES A Performance of the work specified in the "Scope of Services", is made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be incorporated by ~tten amendments to this Agreement and include any increase or decrease in the amount of compensation due Engineer for the change in scope. Any change which has not been so incorporated shall not be binding on either party. B. No extra services shall be rendered by Engineer under this Agreement unless such extra services are authorized, in writing, by City prior to performance of such work. Authorized extra service shall be invoiced based on Engineer's "Schedule of Hourly Rates" dated August 1988, a copy of which is attached hereto as "Exhibit 4" and incorporated herein as though set forth in full. 5. COMPENSATION A The City shall reimburse the Engineer for actual costs (including labor costs, employee benefits. overhead, profit. other direct and indirect costs) incurred by the Engineer in performance of the work, in an amount not to exceed $63,200. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit "3". attached hereto and incorporated herein as though set forth in full. B. Said compensation shall not be altered unless there is significant alteration in the scope. complexity or character of the work to be performed. Any significant alteration shall be agreed upon in writing by the City and Engineer before commencement of performance of such significant alteration by Engineer. Any adjustment of the total cost of services will only be permitted when the Engineer establishes and City has agreed, in writing" that there has been, or is to be, a significant change in: 1. Scope. complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for Completion of the work warrants such adjustment. C. The Engineer is required to comply with all Federal, State and local laws and ordinances applicable to the work. The Engineer is required to comply with prevailing wage rates in accordance with California Labor Code Section 1775. 2 ;",,", . ........, ~ 6. PAYMENT BY CITY A The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Engineer to City and shal1 be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Engineer within ten (10) days of billing and a meei and confer meeting for purposes of resolution of such dispute shall be initiated by the City within ten (lO)days of notice of such dispuie. Interest of lY. percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing date, payment thereafter to be . applied first to accrued interest and then to the principal unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. The parties hereto agree not to be bound by any requirements for arbitration of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties, or upon the failure of such agreement, by direct application to the Courts. C. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, then all litigation and collection expenses, witness fees, and court costs, and attorney's fees shal1 be paid to the prevailing party. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A The Director of Public Works of City, or his designee, shall have the right of general supervision overal1 work performed by Engineer and shall be City's agent with respect to obtaining Engineer's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Public Works or his designee. B. The Director of Public Works or his designee may review and inspect the Engineer's activities during the progress of the program. 8. COMPLIANCE WITH CML RIGHTS LAWS Engineer hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national original. Engineer shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with federal, state and local laws. Such action shal1 include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. In addition, Engineer shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 3 - ".." i",.." , *' ~-' 9. TERMINATION OF AGREEMENT A This agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following date of such notice within which to correct the substantial failure giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Engineer for all the fees, charges and services performed to City's satisfaction by Engineer, which finding of satisfaction shall not be unreasonably withheld. Engineer hereby covenants and agrees that upon termination of this Agreement for any reason, Engineer will preserve and make immediately available to City, or its designated representatives, maps. notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents shall be at the sole risk of the City and the City agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including Attorney's fees, and liability arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit '4'. B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to City and City shall compensate Engineer in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, and the City may grant to Engineer such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes' provision of this Agreement. Engineer shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. 11 INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the performance of the services provided for under this Agreement. Engineer shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of City. 4 " ,.-'.." .....,..- - -- 12. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Engineer without the written consent of City. Any attempt by Engineer to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this agreement All subcontracts exceeding $10,000, . shall contain all provisions of this contract 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Engineer and City: ENGINEER CITY C M Engineering Associates, Inc. 225 E. Airport Drive, Suite 100 San Bernardino, CA 92412 Attn: Mr. Robert M. Beers Mr. Roger Hardgrave Director of Public Works/ City Engineer 300 N. "D" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Engineer may reasonably rely upon the aCcuracy of data provided through the City or its agents without independent evaluation. B. The City shall pay all costs of inspection and permit fees. Charges not specifically covered by the terms of this Agreement shall be paid as agreed by the parties hereto at the time such costs arise; but in no event shall the work to be performed hereunder cease as a consequence of any unforeseen charges unless by mutual agreement of City and Engineer. c.. All tracings, survey notes, and other original documents are instruments of service and shall remain the property of Engineer except where by law, precedent, or agreement these documents become public property. All such documents or records shall be made accessible to City. Engineer shall maintain all records for inspection by the City, State, or their duly authorized representatives for a period of three (3) years after final payment Engineer shall stamp and sign all specifications, estimates, plans and engineering data furnished, and, where appropriate, indicate registration number. 15. CONSTRUCTION COST ESTIMATES A. Any opinion of the Construction Cost prepared by Engineer represents his judgment as a design professional and is supplied for the general guidance of the City. Since Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, Engineer does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the City. 5 - 1"" ......... ~. ..... " ... ~,"" r B. If a Construction Cost limit is established by written agreement between City and Engineer and specifically set forth in a mutually agreed addendum to this Agreement, the following will apply: 1. The acceptance by City at any time during the services of a revised opinion of Construction Cost in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. 2. Any Construction Cost limit so established will include a contingency of ten percent (10%) unless another amount is agreed upon in writing, 3. Engineer will be permitted to determine what types of materials, equipment and component systems are to be included in the Drawings and Specifications and to make reasonable adjustments in the general scope, extent and character of the project to bring it within the cost limit. 4. If the bidding or negotiating phase has not commenced within six (6) months after completion of the final Design Phase, the established Construction Cost limit will not be binding on Engineer, and City shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the Final Design Phase and the date on which proposals or bids are sought. 5. If the lowest bona fide proposal or bid exceeds the established Engineer's Construction Cost Estimate by twenty percent (20%) or more, City shall (1) given written approval to increase such cost limits, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) cooperate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering practice. In the caseof (3), Engineer shall modify the Contract Document as necessary to bring the Construction Cost within the cost limit. In lieu of other compensation for services in making such modifications, City shall pay Engineer, Engineer's cost of such services, all overhead expenses and reimbursable expenses reasonably related thereto, but not includine Drofit, on account of such services. The providing of such service will be the limit of Engineer's responsibility in this regard and, having done so, Engineer shall be entitled to payment for services in accordance with this Agrement and will not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost. 16. COVENANT AGAINST CONTINGENT FEE Engineer warrants that no person or selling agency has been employed onetained to solicit or secure this agreement upon an agreement or understanding for a commission, 6 - - - .", . ;1"'.'..... , - '-' ",..,.,i percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Engineer for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage; brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE A Engineer hereby agrees to hold City, its elective and appointive boards, officers, and employees, harmless from any liability for damage or claims for damage for personal injury including death, as well as from claims for property damage, which may arise from Engineer's negligent acts, errors or omissions under this Agreement. B. Engineer shall indemnify, defend and hold free and harmless the City, its officers and its employees from all claims, damages, costs, expenses, and liability, including, but not limited to attorney's fees imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by City, . its officers, employees, agents and other duly authorized representatives, of programs or processes supplied to City by Engineer under this Agreement. 18. INDEMNITY Engineer shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities, of, by, or with respect to third parties, which arise solely from Engineer's negligent performance of services under this Agreement. Engineer shall not be responsible for, and City shall indemnify, defend and hold harmless Engineer from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise solely from the City's negligence. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Engineer and City, each party shall assume responsibility in proportion to the degree of its respective fault. 19. LIABILITY/INSURANCE A. Engineer's liability to the City for injury or damage to persons or property arising out of work performed by the City and for which legal liability may be found to rest upon Engineer other than for professional errors and omissions, .will be limited to $1,()()(),OOO. For any damage on account of any error, omission or other professional negligence Engineer's liability, will be limited to a sum not to exceed $50,000 or Engineer's fcc, whichever is greater. 7 - - -- , . 1""' - '-' -.# B. The City will require the Engineer to provide Workers Compensation and comprehensive general liability insurance, including completed operations and contractual liability, with coverage sufficient to insure the Engineer's indemnity, as above required; and, such insurance will include the City, the Engineer and each of their officers, agents and employees as additional insured. C. Engineer shall provide evidence of insurance in the form of a policy of insurance, in which the City is named as an additional named insured to the extent. of the coverage required by this Agreement. 20. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supercedes all prior and contemporaneous negotiations, representations, understandings and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: (ENGINEER) BY: CITY OF SAN BERNARDINO a municipal corporation BY: Evlyn Wilcox, Mayor Approved as to form and legal content: JAMES F. PENMAN, City Attorney 1- z/}- 8 - ,....., '-' ......, EXHIBIT "1" SCOPE OF SERVICES C M Engineering Associates has prepared the foIlowing scope of services for the Chestnut Avenue Storm Drain and Debris Basin project. All items of work to be accomplished by C M Engineering Associates unless otherwise noted. TASK DESCRIPTION 1. Survev A Research record maps, office coordination, set aerial control including tie . points and premark utilities. B. Prepare aerial photogrammetry and base sheets - by photogrammetist. 2. Preliminarv Desil!n A Research available records for existing overhead and underground utilities. B. Field review, reanalyze drainage requirements, including debris basin requirements based on Corps of Engineers Tatum Method. C. Prepare preliminary storm drain and debris basin design. D. Preliminary soils report to be prepared by soils consultant. E. Prepare conceptual landscape study for pedestrian and equestrian purposes _ by landscape architect. This item to be submitted to City for conceptual approval prior to first submittal. F. Submit preliminary design package to City staff for review; G. Attend a maximum of six project progress meetings during project preliminary and final design periods. 3. Final Desil!n A Prepare final construction improvement plans consisting of title sheet, plan and profile sheets, debris basin plan, and final landscaping plans; general and technical specifications, construction quantities, engineer's construction cost estimate (PS&E). B. Submit PS&E to City for review. 1 r - - ""' '-' ~.-' "'\ , ....,; C. Revise the PS&E based upon City and District staff review/comment. D. Submit final PS&E to City. E. Provide assistance to City during bidding phase as necessary and attend preconstruction meeting. F. Coordinate construction estimate Content and form with requirements of Assessment Engineer for compatibility of design and assessment work. 2 - - ,., - -' .....-'. EXHIBIT "3" ENGINEERING COST ESTIMATE TASK DESCRIPTION COST 1. Survevs A Research record maps, office coordination, set aerial control $4,712.00 B. Prepare aerial photogrammetry and base sheets 5.250.00 . SUBTOTAL $9,962.00 2. PreliminarY Desi2n A Research existing utilities $ 528.00 B. Field review - reanalyze hydrology debris basin study 6,528.00 D. Preliminary soils report 6,008.00 2,700.00 C. Storm drain and debris basin design E. Conceptual landscape study 3,000.00 F&G Submittal and project meetings 2.656.00 SUBTOTAL $21,420.00 3. Final Desi2n A Final storm drain and debris basin plans, $26,040.00 general and technical specifications, quantity and cost estimate B. Final landscaping plan 5,500.00 C. Printing 278.00 SUBTOTAL $31,818.00 TOTAL ESTIMATED COST $63,200.00 1