Loading...
HomeMy WebLinkAbout13- Development Services j J* 0% A� A CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: William Woolard, Interim Director Subject: Authorization to execute Agreement with John Egan & Associates, Dept: Development Services Inc. for Civil Engineering Services for Pepper Avenue, 9th Street and Commercial Date: November 28, 2000 Road street improvements. File: 1.7198 MCC Date: 12/18/00 Synopsis of Previous Council Action: 7/10/00 Allocated $20,000 for pavement rehabilitation at Pepper Avenue from Mill Street to Rialto Avenue (design only). Allocated $30,000 for pavement rehabilitation at 9`" Street from "H" Street to Waterman Avenue (design only). Allocated $325,000 for pavement rehabilitation at Commercial Road from Hunts Lane to Waterman Avenue. Recommended Motion: Adopt Resolution William Woolard Contact person: T. Jarb Thaipejr, Senior Civil Engineer Phone: 5127 Supporting data attached: Staff Report, Reso, Map & Agreement Ward: 1, 2 & 3 FUNDING REQUIREMENTS: Amount: S 79,100.00 Source: (Acct. No.) 129-367-5504-7198, 129-367-5504-7200 & 129-367-5504-7190 Acct. Description: Pavement rehabilitation at Pepper Avenue, 91" Street and Commercial Road Finance: Council Notes Agenda Item No. t City of San Bernardino — Request for Council Action Staff Report Subject: Authorization to execute Agreement with John Egan & Associates, Inc. for Civil Engineering Services for Pepper Avenue, 9th Street and Commercial Road street improvements. Background: Requests for Qualifications (RFQ) for Professional Civil Engineering Services were sent to 28 Civil Engineering firms, as well as being advertised in The San Bernardino County Sun newspaper and with the San Bernardino Area Chamber of Commerce; eleven firms responded to the RFQ. A selection committee consisting of Ray Casey, City Engineer; Mike Grubbs and Jarb Thaipejr, Senior Civil Engineers; and Youn Kim, Engineering Associate, reviewed the RFQ's and selected four firms, based on their qualifications, to submit a Request for Proposal (RFP) for Pepper Avenue between Mill Street and Rialto Avenue; 9th Street between "H" Street and Waterman Avenue; and Commercial Road between Hunts Lane and Waterman Avenue street improvements. Proposals were received from: 1. Engineering Resources, San Bernardino 2. Holmes and Narver, San Bernardino 3. John Egan & Associates, Redlands 4. Ludwig Engineering, San Bernardino After carefully reviewing the proposals received, the committee determined that John Egan & Associates, Inc. was the best qualified to provide the necessary services. The committee considered similar project experience, personnel assigned to the project, past experience with the firm (where applicable), ability to meet scheduling requirements, and understanding of and interest in the project in making their determination. Financial Impact: Cost for services associated with this contract shall be not to exceed $71,000 with a contingency amount of$7,100. Funding for these projects in the amount of$375,000 was approved in the FY 2000/01 CIP '/- Cent Sales Tax Fund and all costs incurred will be charged to Account Nos. 129-367-5504-7198 ($17,000), 129-367-5504-7200 ($26,000), and 129-367-5504-7190 ($35,100) (Pepper Avenue, 91h Street and Commercial Road). Recommendation: That the Mayor and Common Council approve the authorization to execute an agreement with John Egan&Associates, Inc. gNARD, City of o San Bernardino, California Department of Development ServiceslPublic Works Division { VICINITY MAP For ME� I� PA VEMENT REIMBILITAION At PEPPER AVENUE From Mill Street to Rialto Avenue, 9th S TREE T From "H' Street to Waterman Avenue, AND COMMERCIAL ROAD From Hunts Lane to Waterman Avenue 5 5 57 +TH i (D TJ LY i1 w y 5TH k L 6 6 -'HARRY ism LU MER fv. CEN R L 1 _ W a 1 i f- a- SAN E 111AR 1110 I i W -� ¢ - r — ' Q - - T]IANDS SLOVER T VICINITY MAP N.T.S. I RESOLUTION NO. 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 WITH JOHN EGAN & ASSOCIATES, INC. FOR CIVIL ENGINEERING SERVICES 4 FOR PEPPER AVENUE, 9TH STREET AND COMMERCIAL ROAD STREET IMPROVEMENTS. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 6 CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the Mayor is authorized to execute the Agreement with John Egan 8 & Associates, Inc. for Civil Engineering Services for Pepper Avenue, 9th Street and 9 10 Commercial Road street improvements. A contract is entered into with said firm for the actual 11 costs incurred, not to exceed $71,000.00, with a contingency amount of $7,100.00, but such 12 Agreement shall be effective only upon being fully executed by both parties. The Mayor is 13 hereby authorized and directed to execute said Agreement on behalf of the City; a copy of the 14 Agreement is attached as Exhibit A and incorporated herein by reference as fully as though set 15 forth at length. 16 SECTION 2. This agreement and any amendment or modifications thereto shall not 17 18 take effect or become operative until fully signed and executed by the parties and no party shall 19 be obligated hereunder until the time of such full execution. No oral agreements, amendments, 20 modifications or waivers are intended or authorized and shall not be implied from any act or 21 course of conduct of any party. 22 SECTION 3. This resolution is rescinded if the parties of the contract fail to execute it 23 within sixty(60) days of passage of the resolution. 24 25 26 27 28 1 RESOLUTION...AUTHORIZING THE EXECUTION OF AN AMENDED E AGREEMENT WITH JOHN EGAN & ASSOCIATES, INC. FOR CIVIL 2 ENGINEERING SERVICES FOR PEPPER AVENUE, 9TH STREET AND COMMERCIAL ROAD STREET IMPROVEMENTS. 3 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting thereof, held on the 6 day of , 2000, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA 9 LIEN 10 MC GINNIS 11 12 SCHNETZ 13 SUAREZ 14 ANDERSON 15 MC CAMMACK 16 17 City Clerk 18 19 The foregoing resolution is hereby approved this day of , 2000. 20 21 22 23 Judith Valles, Mayor City of San Bernardino 24 Approved as to form and legal content: 25 JAMES F. PENMAN, 26 City Attorney 27 By: 28 2000-349 ��V ' AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this 18th of December 2000, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and John Egan & Associates, Inc., a California corporation, hereinafter referred to as "ENGINEER". WITNESSETH WHEREAS, City desires to obtain professional services to prepare plans, specifications, estimates, and construction documents for the Pepper Avenue between Mill Street and Rialto Avenue; 9th Street between "H" Street and Waterman Avenue; and Commercial Road between Hunts Lane and Waterman Avenue street improvements. WHEREAS, in order to develop plans, specifications, estimates, construction documents, construction management and inspections, 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; and NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Engineer shall perform those services specified in "Scope of Services" and as contained in the Proposal dated October 4, 2000, (which is on file at the City Clerk's Office) and the Hourly Fee Breakdown, a copy of which is attached hereto as Exhibit "1" and all of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Engineer shall commence within fifteen (15) days after the City has authorized work to start by issuance of a Notice to Proceed, services shall be completed 133 days after Notice to Proceed unless amended by the City. 3. STANDARD OF PERFORMANCE Engineer shall complete all work products and design in conformance with Standard Specifications for Public Works Construction (Green Book), and the City of San Bernardino's Standard Drawings. 1 4. CHANGES/EXTRA 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 considered as additional tasks and shall be incorporated by written 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 City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. 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 $71,000.00. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit "I" 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. City and Engineer shall agree upon any such significant alteration in writing 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 1770. D. The Engineer agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used to determine the allowability of individual items of cost. 2 I E. The Engineer also agrees to comply with Federal procedures in accordance with 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments. F. Any costs for which payment has been made to Engineer that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by Engineer to City. G. Any subcontract in excess of $10,000, entered into as a result of this contract, shall contain all the provisions of this Agreement. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted every four (4) weeks by Engineer to City and shall 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 meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. Interest of 1-1/2 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. Section 9-1.10 of the Cal-Trans Standard Specifications is hereby specifically waived and not applicable to this Agreement. The parties hereto otherwise agree not to be bound by any other requirements for binding 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. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Development Services of City, or his designee, shall have the right of general supervision over 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 Development Services or his designee. 3 B. The Office of Federal Highway Administration may review and inspect the Engineer's activities during the progress of the program. 8. 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, age, handicap or national origin. Engineer shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 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 the 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 resume within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, 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 "1". 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, 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 4 "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 and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Engineer shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Engineer and the City. 12. ASSIGNMENT OR SUBCONTRACTING Engineer shall not assign this Agreement or any portion thereof, 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 Mr. John Egan Mr. William Woolard John Egan & Associates, Inc. Development Services Interim Director 25814 Business Center Dr., Ste A 300 N. "D" Street Redlands, CA 92374 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. B. The City shall pay all costs of inspection and permit fees for San Bernardino County Flood Control District. 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 written agreement of City and Engineer. C. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. 5 D. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form are intended for one-time use in the construction of the project for which this contract has been entered into. E. The Engineer is not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by the City of the machine readable information and data provided by the Engineer under this agreement; further, the Engineer is not liable for claims, liabilities or losses arising out of, or connected with, any use by the City of the project documentation on other projects, for additions to this project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by Engineer. F. For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Engineer, subconsultant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Engineer that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. CONSTRUCTION COST ESTIMATES A. 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. 16. COVENANT AGAINST CONTINGENT FEE Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, 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. 6 17. HOLD HARMLESS CLAUSE A. 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. B. The prevailing party in any legal action to enforce or interpret any provision of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 18. INDEMNITY Engineer agrees to indemnify, defend, and hold harmless the City of San Bernardino, and its agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, costs, bodily injury, death, personal injury, or property damages, arising from or connected with Engineer's operations, or any aspect of its performance under this Agreement. 19. LIABILITY/INSURANCE Engineer shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Engineer shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Engineer performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the Engineer. A. Errors and Omissions. The Engineer shall maintain errors and omissions insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Comprehensive General Liability and Automobile Insurance. The Engineer shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. C. Worker's Compensation Insurance. The Engineer shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Engineer. 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 affect, 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 supersedes 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. 8 AGREEMENT FOR Professional Services with John Egan & Associates, Inc. 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: CITY OF SAN BERNARDINO ' BY: ll f ( 'df" BY: �c:.�ti ( 1 r4 : _ l �' 1 Rach .l Clark, City Clerk Wend�KmcCammack City of San Bernardino Mayor Pro Tem City of San Bernardino Approved as to form And legal content: JAMES F. PENMAN City Attorney BY: -� JOHN EGAN & ASSOCIATES, INC. BY: Signature NAME: TITLE: 9 _ w -i � CN } § 7 9 2 aw © m R & § & @ 8 m K 7 N $ 7 ® \ « � Q G ® " ® R � E Q m&+ m/g7 a$ &a& §/ 3 @ m ® R® a % $ R /64 E _ $& & G f § o / � § §\ � + w \ § § k G k_ m 0 / ui w cr LU $/ \i9 erg# ° 3i$ ia& ) ° w 9-$ i 4- ° / $ $ ® \ a 2 .17% - _ a z � o I§ § �� « as o- � § �� 04 C4 c m §§ w ui o- vz U) § b § _ 04 z S S § wc � z z L ) «- $ 0 2 � 0 § cs ° m \ @ G z0 0 (0 20- ( / « It e 2= 3 = o LL 00 « § U. U� z « o \ aCo § $a « oe� # 2 o \ § §® LLI 0 � . E � k ] § » t w = gJ ( 2 z �» 4) 0 > � muj � �k m 2 § f / >,\ § �\ 2 i k \ƒ/ // k _ © k o o- § ±a ] �]w ® G m � >,-2 m ® m± c . _ ? � # } � J § © w U « = = a= § �2a - 5 § 2 » 3 , - § § § §\ 7omo 2fm § k7/\ ƒ//j % \ ) J 0 3 } CL } } w CA _ - - uw J 04 r- (n a v = 0 a � tp N 00 O (D c0 O 69. J (00_ O M (� O F � p NONOO(O0 N co O (O O O ° Y o ��ua`n� (0 (D o 6H (A J (p mO ��� �6N9 E9 669 N � N C N 0 V� Q ~ (O (O (D J I� r Qm 69 u9 Cl) 2 � W W Q' 2 H Z NONa000 N 00 (0 N N W N N M 69 to U)(O co O Cn O CN ui (3 IL ' g Z 0Q w 0 o W� LLJ Q Z W Q 05 Q V ^ N N OD N W W it U N H O Z W O a o 00 0 Q J y U Q Q z O w U p cp WO Z Q' (A0to zV V5 H aV N O Q U o0 0 7 V'7 N V Om 0 p� LL coo NN W Q N z N o O W 0 a a 1 N� NOS WN O O W CIO O CL w IL a � a O > v 0 o m fCO C U ' N C y d N a)d.C Z ? .� (n O as O O ; N.—� .a U C y C N Of 0 C O LL z = Q " m0 n7 N O N O d R m� C7 (� E v (o _c A �° O V N N E a C C C U d 3 2 ~ V) uj a ? o a, .E /° o G p CF- UaZUU (n5 dr p E C Y (n w U ix a N a a z_ F- LL O 2 U Y d Q O p r N M p (D O H z N N 04 N N N d