HomeMy WebLinkAbout30-Public Works
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&rr~ OF SAN BER~RDINO - REQU~i~! OO~1~OUNCIL ACTION
Froml
ROGER G. HARDGRAVE
Subjlict:
Authorization to Execute Agree-
ment for Professional Engineer-
ing Design Services --Central
Gity South Assessment Di 'ct
---DMJM, INC.
Dept:
Public Works/Engineering
D8tlI:
December 27, 1988
Synopsis of Pnvious Council action:
02-02-87 -- Authorization granted to proceed with the proceeding
to establish an assessment district for off-site
improvements and underground utilities.
03-23-87 -- Resolution No. 87-75 adopted authorizing execution of
Agreements with Miller and Schroeder for Investment
Banker services and Brown and Diven for bond counsel
services.
06-06-88 -- Protest hearing closed, finding made that formation of
an assessment district is required for public conveni-
ence and welfare, protests overruled, and Resolution
No. 88-164 adopted ordering City Engineer to proceed.
Recommll1ded motion:
Adopt resolution
cc: J. Robbins
J. Richardson
S. Dukett
A. Green
J. Penman
Signature
Contect person:
Supponing data 8ttlIChecI:
Gene R. Klatt
Staff Report, Agree-
ment & Resolution
Phone:
5125
Ward:
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FUNDING REQUIREMENTS:
Amount:
$311,044.00
Source: (Acct. No.) 251-657-53925 (1915 Act Bonds)
IAcct. OescriDtionl
Assessment District 983
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Finance:
Council Notes:
AlI..nda It..m No..30
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CITY OF SAN BER6DINO - REQUEST R.R COUNCIL ACTION
STAFF REPORT
Letters of interest were sent to 23 firms, inquiring
if they were interested in providing the engineering desig~
services. A total of 9 firms responded to the initial
request. A selection committee, comprised of
representatives from the Mayor's office, Council office,
RDA, and Public Works Department screened and rated the
submittals. A total of four firms were then sent a Request
for Proposals on this project.
On September 30, 1988, another committee,
representing the Mayor's office, Council Office, RDA and
Public Works Department interviewed the four firms and rated
each proposal.
The firm of DMJM, Inc., working in cooperation with
Brown and Mullins and CHJ, was selected as being the best
qualified to provide the necessary services.
The proposed Agreement provides, in general, that
DMJM, Inc., will prepare the necessary construction plan"s,
specifications and estimates for the Central City Project.
Plans for undergrounding the overhead utility facilities
will be prepared by Edison and the affected telephone
company. The fee to DMJM will not exceed $311,044. Funds
to finance their fee will be derived through the assessment
district proceedings from assessments on the property
owners.
We recommend that the Agreement be approved.
12-27-88
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RESOLUTION NO. REC'O.-AI)MIH~ OFF.
RESOLUTION OF THE CITY OF SAN B~IAl~ k~~~ZING THE
EXECUTION OF AN AGREEMENT WITH DMJM, INC., RELATING TO THE PROVI-
SION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE CENTRAL
CITY SOUTH ASSESSMENT DISTRICT.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. The Mayor of the City of San Bernardino is
8 hereby authorized and directed to execute, on behalf of said
9 City, an agreement with DMJM, INC., relating to the provision of
10 professional engineering design services for Central City South
11 Assessment District, which agreement is attached hereto, marked
12 Exhibit "A" and incorporated herein by reference as fully as
13 though set forth at length.
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SECTION 2.
The agreement shall not take effect until
15 fully signed and executed by both parties. The City shall not be
16 obligated hereunder unless and until the agreement is fully
17 executed and no oral agreement relating thereto shall be implied
18 or authorized.
19 I HEREBY CERTIFY that the foregoing resolution was duly
20 adopted by the Mayor and Cormnon Council of the City of San
21 Bernardino at a
meeting thereof,. held on the
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day of
, 19.89, by the following vote, to-
23 wit:
AYES:
Council Members
NAYS:
ABSENT:
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RES:
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AUTHORIZING EXECUTION OF AGREEMENT WITH DMJM, INC. FOR
PROFESSIONAL ENGINEERING DESIGN SERVICES FOR CENTRAL
CITY SOUTH A.D.
City Clerk
The foregoing resolution is hereby approved this
8 Approved as to form
9 and legal content:
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12/27/8828
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Attorney
, 1989.
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Evlyn Wilcox, Mayor
City of San Bernardino
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EXHIBIT -A-
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into the
day of , 1988, by and between the CITY OF SAN
BERNARDINO, a municipal corporation, hereinafter called "City",
and DANIEL, MANN, JOHNSON, & MENDENHALL, a California
corporation, hereinafter called "Engineer"
WITNESSETH
WHEREAS, City desires to obtain professional services to
prepare plans, specifications, and estimates, to construct; and
WHEREAS, in order to develop such plans, specifications and
estimates, 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 for the development of such plans, specifications and
estimates; and
WHEREAS, San Bernardino City Council has elected to engage
the services of Engineer upon the terms and conditions as
hereinafter set forth.
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NOW, THEREFORE, it is mutually agreed, as follows:
1. GENERAL
Engineer shall perform those services specified in "Scope of
services", a copy of which is attached hereto as Exhibit "1" and
incorporated as though set forth in full.
The services of Engineer are to commence within thirty (30)
days after the City has authorized work to start by issuance of a
Notice to'proceed. The schedule calendar dates specifically set
forth in Exhibit "2" attached hereto and incorporated herein as
though set forth in full, for completion dates 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. The Engineer shall complete all work product and design
in conformance with City of San Bernardino Standard Drawings and
San Bernardino County Flood Control District standards, as
directed.
2. COMPENSATION
A. For the Basic professional Engineering services as set
forth in Exhibit "3" attached hereto and incorporated herein as
though set forth in full, the basis of compensation by the city
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to the Engineer shall be a lump sum payment of $311.044. The
Basic Professional Engineering services include the work to be
performed both by the Engineer and its subconsultants. City
shall reimburse the Engineer monthly based on measured progress
and pursuant to the requirements of Paragraph 4 herein.
The estimated cost breakdown of the lump sum payment by task
and subconsultant is solely for the mutual convenience of the
city and the Engineer in measuring progress, and is not to be
construed as a compensation and budget limitation for each task
for subconsultant.
The lump sum payment of $311.044 shall be the total amount
payable for the Basic Professional Engineering services and shall
not be altered unless there is significant alteration in the
scope, complexity or character of the work to be performed. Any
such significant alteration shall be agreed upon in writing by
city and Engineer before commencement of performance of such
significant alteration by Engineer.
Adjustment of the total cost of the Basic Professional
Engineering services will be permitted when the Engineer
establishes and city has agreed in writing that there has been
or is to be a significant change in:
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(1) Scope, complexity, or character of the services to be
performed;
(2) Conditions under which the work is required to be
performed;
(3) Duration of work if the change from the time period
specified in the Agreement for Completion of the work
which exceeds the scheduled completion date by 180
days, through no fault of the Engineer.
B. For the Additional services related to the preparation
of legal descriptions and plats, as set forth in aforesaid
Exhibit "3", the basis of payment by the city to the Engineer
shall be on a parcel type basis, per the type and cost schedule
indicated. until such time that an accurate number of each
parcel type is defined and mutually agreed to between the city
and the Engineer, a budget figure of $31,200 is established for
the purposes of this Agreement. This budget figure shall not be
exceeded without prior City approval.
C. Federal Acquisition Regulation Title 48CFR, Chapter 1,
Subpart 31 shall control allowable elements of cost for contracts
with commercial organizationa.
D.
The Engineer is required to comply with all Federal,
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state, and local laws and ordinances applicable to the work. The
Enqineer is required to comply with prevailinq waqe rates in
accordance with California Labor Code Section 1775.
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3. CHANGES
Performance of the work specified in the "Scope of
Services", is made an obliqation of Enqineer under this'
Aqreement, subject to any chanqes made subsequently upon mutual
aqreement of the parties. All such chanqes shall be incorporated
by written amendments to this Aqreement and include any increase
or decrease in the amount of compensation due Enqineer for the
chanqe in scope. Any chanqe which has not been so incorporated
shall not be bindinq on either party.
Services resultinq from authorized chanqes shall be invoiced
based on Enqineer's "Schedule of Hourly Rates" dated Januarv l.
1989. a copy of which is attached hereto as Exhibit "4" and
incorporated herein as thouqh set forth in full.
4. PAYMENT BY CITY
The invoices for all services rendered pursuant to this
Aqreement shall be submitted monthly by Enqineer to City and
shall be paid by City within twenty (20) days after receipt of
same, exceptinq any amounts disputed by city. Dispute over any
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invoiced amount shall be noticed to the Engineer within ten (10)
days of invoicing. Interest shall accrue at the maximum rate
allowable by law on any amounts not in dispute arid not paid
within 30 days of the invoice date, payment thereafter to be
applied first to accrued interest and then to the principal
unpaid amount. On disputed amounts, interest shall accrue from
30 days of the invoice date if the amount in dispute is resolved
in favor of the Engineer. Any Attorney's fees or other legal
costs incurred by the Engineer in collecting any delinquent
amount shall be paid by the city. All tasks specified in Exhibit
"1" shall be completed prior to final payment.
5. SUPERVISION OF SERVICES
The Director of Public Works of City, or his designee, shall
have the right of general supervision of all 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.
6. COMPLIANCE WITH CIVIL 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 origin.
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Engineer agrees to take affirmative action to ensure that
applicants are employed and employees are treated during
employment without regard to their race, color, religion, sex,
marital status or national origin. Such action shall include,
but not be limited to, the following: Employment; upgrading,
demotion or transfer; recruitment or recruitment advertising; and
designated representatives. In addition, Engineer shall not
exclude from participation under this Agreement any employee or
applicant for employment on the basis of age under the Age
Discrimination Act of 1915 or with respect to an otherwise
qualified-handicapped individual as provided in Section 504 of
the Rehabilitation Act of 1973 or religion except that any
exemption from such prohibition against discrimination on the
basis of religion as provided in the civil Rights Acts of 1964 or
Title VIII of April 11, 1968, as amended, shall also apply.
7. TERMINATION OF AGREEMENT
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 20 days following date of such
notice within which to correct that 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 reasonable
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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 representative, maps, notes, correspondence, or
records related to work paid for by the City and required for its
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timely completion, and to fully cooperate with City so that the
work to be accomplished under this Agreement may continue in a
reasonably prompt manner. 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.
8. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the
performance of its services provided under this Agreement and
shall furnish such services in Engineer'S own manner and methods
and in no respect be considered an agent or emp10yee of city.
9. 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
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this Agreement without the written consent of the city shall be
null and void and shall constitute a breach of this Agreement.
10. HOLD HARMLESS
Engineer hereby agrees to and shall 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 to the
extent that such arise from Engineer's negligent acts, errors or
omissions under this Agreement.
Notwithstanding the foregoing, the Engineer's total
liability for all of the aforesaid matters shall be limited to
the amounts specified in Paragraph 14 herein.
11. NOTICES
Official notices relative to the services provided under
this Agreement shall be in writing addressed to the following:
ENGINEER
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Mr. Bedros M. Agopovich
Associate Vice President
275 W. Hospitality Lane, suite 314
San Bernardino, CA . 92408
Mr. Roger G. Hardgrave
Director of Public Works/
City Engineer
300 North "0" Street
San Bernardino,CA 92418
with copy to:
J.V. Houser
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Contracts Manager
3250 wilshire Boulevard
Los Angeles, CA 90010
12. All Agreements on Engineer's part are contingent upon
and shall not be responsible for damages or be in default, or be
deemed to be in default, by reason of delays in performance by
reason of strikes, lock-outs, accidents, acts of God and other
delays unavoidable or beyond Engineer's reasonable control, or
due to shortages or unavailability of labor at established area
wage rate or delays caused by failure of City or City's agents to
furnish information or to approve or disapprove Engineer's work
promptly, or due to late or slow, or faulty performance by City,
other contractors, or governmental agencies, the performance of
whose work is precedent to or concurrent with the performance of
Engineer's work. In the case of the happening of any such. cause
of delay, the time of completion shall be extended accordingly.
Engineer shall promptly notify City in writing when it becomes
aware of any event or circumstance for which it claims or may
claim an extension.
13. All tracings, survey notes, and other original
documents are instruments of service and shall remain the
property of Engineer except where by law or precedent these
documents become pUblic property. All such documents or records
shall be made accessible to the City under conditions as set
forth in Section 7 of this Agreement. The consultant shall
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maintain all records for inspection by the City, or their duly
authorized representative for a period of three (3) years after
final payment to the consultant. The responsible consultant
shall stamp and sign all specifications, estimates, plans and
engineering data furnished, and, where appropriate, indicate
registration number.
14. 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 $1,000.000. 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 fee,
whichever is greater.
15. Any opinion of the Construction Cost prepared by
Engineer represents his judgement 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.
If a Construction Cost limit is established by written
agreement between city and Engineer and specifically set forth in
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a mutually agreed addendum to this Agreement, the following will
apply:
a. 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.
b. Any Construction Cost limit so established will
include a contingency of ten percent unless another amount
is agreed upon in writing.
c. 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.
d.lf the bidding or negotiating phase has not
commenced within six 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
appiicable change in the general level of prices in the
construction industry between the date of completion of the
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Final Design Phase and the date on which proposals or bids
are sought.
e. If the lowest bona fide proposal or bid exceeds the
established Engineer's Construction Cost Estimate by 20
percent or more, city shall (1) give written approval to
increase such cost limits, (2) authorize negotiating or
rebidding the project within a reasonable time, or (3) co-
operate 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
case of (3), Engineer shall modify the Contract Documents 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 including
profit, 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 Agreement
and will not otherwise be liable for damages attributable to
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the lowest bona fide proposal or bid exceeding the
established Construction Cost.
16. The City agrees that in accordance with generally
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accepted construction practices, the construction contractor will
be required to assume sole and complete responsibility for job
site conditions during the course of construction of the project,
including safety of all persons and property and that this
requirement shall be made to apply continuously and not be
limited to normal working hours.
17. 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 shall be paid to the prevailing party.
18. 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.
19. The city shall pay the costs of checking and inspection
fees, zoning and annexation application fees, assessment fees,
construction soils testing fees, and all other fees, permits,
bond premiums, and title company charges. 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
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consequence of such unforeseen charges unless by mutual written
agreement of City and Engineer.
20. There are no understandings or agreements except as
herein expressly stated. Any modifications must be in writing.
21. The City will require that any contractor performing
work in connection with construction contract documents produced
under this Agreement to hold harmless, indemnify and defend the
City, the Engineer, their consultants, and each of their
officers, agents and employees from any and all liability,
claims, losses or damage arising out of or alleged to arise from
the Contractor's negligence in the performance of the work
described in the construction contract documents, but not
including liability that may be due to the sole negligence of the
city, the Engineer, their consultants or their officers, agents
and employees.
~he city will require the Contractor to provide Worker's
Compensation and comprehensive general liability insurance,
including completed operations and contractual liability, with
the latter coverage sufficient to insure the Contractor's
indemnity, as above required; and, such insurance will include
the City, the Engineer, their consultants, and each of their
officers, agents and employees as additional insured.
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22. The Engineer shall be entitled to reasonably rely upon
the accuracy of data provided by the city or others without
independent evaluation.
23. (NOT USED)
24. The Engineer warrants that he has not employed or
retained any company or person, other than a bona fide employee
working for the Engineer, to solicit or secure this Agreement,
and that he has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage,
brokerage fee, gift or any other consideration; contingent upon
or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the local agency shall have
the right to annul this Agreement without liability, or at its
discretion to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
25. Engineer shall provide evidence of insurance in the
form of a Certificate of Insurance, in which the City is named as
an additional named insured on the Engineers Comprehensive
General, Automobile Liability and Property Damage coverage.
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26. ENTIRE AGREEMENT
This Agreement represents the entire and integrated
Agreement between the parties herto 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 the parties hereto.
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IN WITNESS WHEREOF, the parties hereto have ca~ed this
Agreement to be executed on the date first above written by their
respective officers duly authorized in that behalf.
DANIEL, MANN, JOHNSON, & MENDENHALL
BY:
DATED:
ATTEST:
CITY OF SAN BERNARDINO
BY:
city Clerk
Mayor
DATED:
DATED:
Approved as to form and legal content:
6Z~a)
Ci Y Attorney
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