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HomeMy WebLinkAboutTRANSTECH ENGINEERS, INC. - 2006-06-30 �_ CONTRACTS SUBMITTAL TO C CITY CLERK'S OFFICE To: JOAN FLYNN, City Clerk Name of Contractor: Transtech Engineers, Inc. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Construction management services in connection with Worthy Home Renovation ____.. Amount of Contract: Not to exceed $24,600.00) Copy of contract distributed to: The original insurance certificate/waiver distributed El Dept. ❑ to Risk Management City Treasurer ❑ ORIGINAL bonds sent to Treasurer ❑ ul 7 Date: Name/Extension { City Attorney's Office 1� aj lq_c�� PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND Transtech Engineers, Inc. FOR Construction Management Services in Connection With Worthy Home Historic Renovation Project Phase I: Project Inspection, Scope of Work & Estimate Table of Contents 1 Scope of Services.....................................................................................................1 2 Agency Staff Assistance..........................................................................................2 3 Term;Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents...........................................3 8 Hold Harmless.........................................................................................................3 9 Professional Liability Insurance.............................................................................4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation.....................................................................................6 14 Copyrights/Patents...................................................................................................7 15 Agency Employees and Officials.............................................................................7 16 Notices.........................................................................................7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 imp/contracts group/intematl sample/4/14/03 PROFESSIONAL SERVICES CONTRACT BETWEEN THE REDEVELOPMENT AGENCY OF THE CITY OF HUNTINGTON BEACH AND Transtech Engineers , Inc. FOR Construction Management Services in Connection With Worthy Home Historic Renovation Project THPT AGAR 9m NT3(pAgreemenpt'lis madne andcen eredmto tohls & Estim ote �i y ° - , 20 06 , by and between the Redevelopment Agency of the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "AGENCY," and Transtech Engineers, Inc. . a California Corporation ,hereinafter referred to as "CONSULTANT." WHEREAS, AGENCY desires to engage the services of a consultant to provide construction management services and Pursuant to documentation on file in the office of the Agency Clerk, the provisions of the Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service contracts have been complied with;and CONSULTANT has been selected to perform these services, NOW, THEREFORE, it is agreed by AGENCY and CONSULTANT as follows: 1. SCOPE OF SERVICES CONSULTANT shall provide all services as described in Exhibit "A" which is attached hereto and incorporated into this Agreement by this reference. These services shall sometimes hereinafter be referred to as the "PROJECT." CONSULTANT hereby designates Al Pagani, V.P who shall represent it and be its sole contact and agent in all consultations with AGENCY during the performance of this Agreement. agree/forms/agency profserv/4/14/03-A I 2. AGENCY STAFF ASSISTANCE AGENCY shall assign a staff coordinator to work directly with CONSULTANT in the performance of this Agreement. 3. TERM, TIME OF PERFORMANCE Time is of the essence of this Agreement. The services of CONSULTANT are to commence as soon as practicable after the execution of this Agreement by AGENCY (the "Commencement Date"). This Agreement shall expire on 6 <30 O 7 , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than one year from the Commencement Date of this Agreement. These times may be extended with the written permission of AGENCY. The time for performance of the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule may be amended to benefit the PROJECT if mutually agreed to in writing by AGENCY and CONSULTANT. 4. COMPENSATION In consideration of the performance of the services described herein, AGENCY agrees to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which is attached hereto and incorporated by reference into this Agreement, a fee, including all costs and expenses, not to exceed Twenty Four Thousand Six Hundred Do1661raFs($ 24 ,600 . 00 5. EXTRA WORK In the event AGENCY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from AGENCY. agree/for ns/agency profserv/4/14/03-A 2 Additional compensation for such extra work shall be allowed only if the prior written approval of AGENCY is obtained. 6. METHOD OF PAYMENT CONSULTANT shall be paid pursuant to the terms of Exhibit "B." 7. DISPOSITION OF PLANS ESTIMATES AND OTHER DOCUMENTS CONSULTANT agrees that title to all materials prepared hereunder, including, without limitation, all original drawings, designs, reports, both field and office notices, calculations, computer code, language, data or programs, maps, memoranda, letters and other documents, shall belong to AGENCY, and CONSULTANT shall turn these materials over to AGENCY upon expiration or termination of this Agreement or upon PROJECT completion, whichever shall occur first. These materials may be used by AGENCY as it sees fit. 8. HOLD HARMLESS CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless AGENCY, its officers, elected or appointed officials, employees, agents and volunteers from and against any and all claims, damages, losses, expenses, judgments, demands and defense costs (including, without limitation, costs and fees of litigation of every nature or liability of any kind or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's subcontractors, if any) negligent performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its officers, agents or employees except such loss or damage which was caused by the sole negligence or willful misconduct of AGENCY. CONSULTANT will conduct all defense at its sole cost and expense and AGENCY shall agree/forms/agency profserv/4/14/03-A 3 i approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are applicable. The policy limits do not act as limitation upon the amount of indemnification to be provided by CONSULTANT. 9. PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall obtain and furnish to AGENCY a professional liability insurance policy covering the work performed by it hereunder. This policy shall provide coverage for CONSULTANT's professional liability in an amount not less than One Million Dollars ($1,000,000.00) per occurrence and in the aggregate. The above- mentioned insurance shall not contain a self-insured retention, "deductible" or any other similar form of limitation on the required coverage except with the express written consent of AGENCY. A claims-made policy shall be acceptable if the policy further provides that: A. The policy retroactive date coincides with or precedes the initiation of the scope of work (including subsequent policies purchased as renewals or replacements). B. CONSULTANT shall notify AGENCY of circumstances or incidents that might give rise to future claims. CONSULTANT will make every effort to maintain similar insurance during the required extended period of coverage following PROJECT completion. If insurance is terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision of at least two (2) years to report claims arising from work performed in connection with this Agreement, agree/forms/agency profscrv/4/14/03-A 4 i III II, ' �� , i� il ,, ��� II ill�i ��� 10. CERTIFICATE OF INSURANCE Prior to commencing performance of the work hereunder, CONSULTANT shall furnish to AGENCY a certificate of insurance subject to approval of the Agency Counsel evidencing the foregoing insurance coverage as required by this Agreement; the certificate shall: A. provide the name and policy number of each carrier and policy; B. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice; however, ten (10) days' prior written notice in the event of cancellation for nonpayment of premium. CONSULTANT shall maintain the foregoing insurance coverage in force until the work under this Agreement is fully completed and accepted by AGENCY. The requirement for carrying the foregoing insurance coverage shall not derogate from CONSULTANT's defense,hold harmless and indemnification obligations as set forth in this Agreement. AGENCY or its representative shall at all times have the right to demand the original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely manner,the premiums on the insurance hereinabove required. 11. INDEPENDENT CONTRACTOR CONSULTANT is, and shall be, acting at all times in the performance of this Agreement as an independent contractor herein and not as an employee of AGENCY. CONSULTANT shall secure at its own cost and expense, and be responsible for any and agree/forms/agency profserv/4/14/03-A 5 I l ', III, III I I III I I'i III all payment of all taxes, social security, state disability insurance compensation, unemployment compensation and other payroll deductions for CONSULTANT and its officers, agents and employees and all business licenses, if any, in connection with the PROJECT and/or the services to be performed hereunder. 12. TERMINATION OF AGREEMENT All work required hereunder shall be performed in a good and workmanlike manner. AGENCY may terminate CONSULTANT's services hereunder at any time with or without cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement by AGENCY shall be made in writing, notice of which shall be delivered to CONSULTANT as provided herein. In the event of termination, all finished and unfinished documents, exhibits, report, and evidence shall, at the option of AGENCY, become its property and shall be promptly delivered to it by CONSULTANT. 13. ASSIGNMENT AND DELEGATION This Agreement is a personal service contract and the work hereunder shall not be assigned, delegated or subcontracted by CONSULTANT to any other person or entity without the prior express written consent of AGENCY. If an assignment, delegation or subcontract is approved, all approved assignees, delegates and subconsultants must satisfy the insurance requirements as set forth in Sections 9 and 10 hereinabove. 14. COPYRIGHTS/PATENTS AGENCY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agee/forn►s/agency prom/4/14/03-A 6 i P� , �i � ''� �I N 'I III 15. AGENCY EMPLOYEES AND OFFICIALS CONSULTANT shall employ no AGENCY official nor any regular AGENCY employee in the work performed pursuant to this Agreement. No officer or employee of AGENCY shall have any financial interest in this Agreement in violation of the applicable provisions of the California Government Code. 16. NOTICES Any notices, certificates, or other communications hereunder shall be given either by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to AGENCY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and depositing the same in the United States Postal Service, to the addresses specified below. AGENCY and CONSULTANT may designate different addresses to which subsequent notices, certificates or other communications will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U. S.certified mail-return receipt requested: TO AGENCY: TO CONSULTANT: Redevelopment Agency of the City of Transtech Engineers , Inc. Huntington Beach Attn: Al Pagani, V.P. Construction ATTN: Stanley Smalewitz , 2000MainStreet Deputy Executive Dir. 524 Brea Canyon Rd. Huntington Beach, CA 92648 Walnut, CA 91789 17. CONSENT When AGENCY's consent/approval is required under this Agreement, its consent/approval for one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence of the same or any other transaction or event. agree/forms/agency profserv/4/14/03-A 7 i III I� �i��, !��, I' �� it ,� ��� 18. MODIFICATION No waiver or modification of any language in this Agreement shall be valid unless in writing and duly executed by both parties. 19. SECTION HEADINGS The titles,captions, section,paragraph and subject headings, and descriptive phrases at the beginning of the various sections in this Agreement are merely descriptive and are included solely for convenience of reference only and are not representative of matters included or excluded from such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or affect the construction or interpretation of any provision of this Agreement. 20. INTERPRETATION OF THIS AGREEMENT The language of all parts of this Agreement shall in all cases be construed as a whole, according to its fair meaning, and not strictly for or against any of the parties. If any provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or plural number shall be deemed to include the other whenever the context so indicates or requires. Nothing contained herein shall be construed so as to require the commission of any act contrary to law, and wherever there is any conflict between any provision contained herein and any present or future statute, law, ordinance or regulation contrary to which the parties have no right to contract, then the latter shall prevail, and the provision of this Agreement agree/forms/agency profserv/4/14/03-A 8 Ili �i��� I'LI ��� I�, �I 'I'� , sill ';I �i I which is hereby affected shall be curtailed and limited only to the extent necessary to bring it within the requirements of the law. 21. DUPLICATE ORIGINAL The original of this Agreement and one or more copies hereto have been prepared and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed an original instrument as against any party who has signed it. 22. IMMIGRATION CONSULTANT shall be responsible for full compliance with the immigration and naturalization laws of the United States and shall, in particular, comply with the provisions of the United States Code regarding employment verification. 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED CONSULTANT and AGENCY agree that AGENCY is not liable for payment of any subcontractor work involving legal services, and that such legal services are expressly outside the scope of services contemplated hereunder. CONSULTANT understands that pursuant to Huntington Beach City Charter Section 309, the Agency Counsel is the exclusive legal counsel for AGENCY; and AGENCY shall not be liable for payment of any legal services expenses incurred by CONSULTANT. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agme/forms/agaicy profserv/4/14/03-A 9 each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non-prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement,shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/forms/agency profserv/4/14/03-A 10 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, �-. CITY OF HUNTINGTON BEACH, a ^-cells municipal corporation of the State of California By. Deputy tiv irector print name ITS: (circle one)Chairman/Preside ice P n_ APPROVED AS TO FORM: AND t G 14G Agency ours By: ,s _Al Gi2�e i r --OX!S„Ae,,U -REVIEWED A1�APPRQVED: print name ITS: (circle one)Secretary ief Financial Offices sst Secretary—Treasurer Executive`Director (only for contracts$50,000.00 and over) agree/forms/agency profserv/4/14/03-A 11 EXHIBIT A ran- rec ENMEERSjr PtANNERSrrAIIUMWAt.CDAtStftTAllfTS 624 Brea Canyon Road a Walnut ■ California 91799 • Telephone:(909)SW OM ■ Fax:(90 )595-8W March 23, 2006 Mr. Stanley Smalewitz City of Huntington Beach 2000 Main Street Huntington Beach, CA 92648 Subject: PROPOSAL FOR TECHNICAL SERVICES WORTHY PROPERTY HISTORIC RENOVATION Dear Mr.Smalewitz: Transtech Engineers, Inc. is pleased to submit this proposal for Technical Services for the subject project. This proposal is formatted as follows: 1. Brief information about Transtech, including Historic Building Renovation 2. Scope of Work 3. Proposed Budget Attachment: Transtech's General Statement of Qualifications 1. Brief information about Transtech, including Historic Building Renovation Services: Transtech Engineers, Inc. is a multi-disciplinary engineering consulting firm which provides professional and technical services in the engineering, planning and construction to governmental agencies, educational institutions and private sector. Transtech also serves as turnkey program manager/contractor on large and complex engineering projects by providing a full service capability of comprehensive services to its clients from initial planning and design, systems engineering and technical assistance, permitting, program and construction management, and operations and maintenance services. Transtech yrou of com anies rovides the followin services p. cm. Municipal Consulting Traffic and Transportation Engineering Building and Safety Land Development cProgram And Construction Management Real Estate Development Civil Engineering Emergency/Disaster Response,Support and Recovery Surveying and Mapping Expert Witness Planning Governmental Permit Processing „ Staff: Our key staff members have served public agencies in various capacities including City Engineer, City Traffic Engineer, Building Official, Project Manager, WORTHY PROPERTY HISTORIC REHAB ANALYSIS Page 1 and Senior Construction Inspector. We are accustomed to working with governmental agencies in every facet of planning, building, and public works, and our staff has an unparalleled understanding of public agency issues, procedures, and policies. Transtech understands the importance of providing services that can respond to the Client's needs based on work load and demand by adjusting level of staffing as necessary, and provide the services in an efficient and cost effective manner without sacrificing the quality and responsiveness. Transtech staff provide their expertise in the construction field to legal field and universities. One of our key staff members, Craig Melicher serves as expert witnesses for construction claims and defects. Another key staff member, Ali Cayir, teaches Engineering, Land Development, Planning, Construction and Project Management class at the Cal State San Bernardino University, International studies. Federal Compliance: Because our firm is involved in major multi-million dollar projects with various governmental agencies, including Federal Government, we have an accounting system audited and approved by federal Government and found in compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statues, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR). QC/QA: Transtech has a proven track record in providing high quality engineering services which result in minimal problems during implementation of projects. Our extensive experience coupled with our in-house quality assurance and quality control (QA/QC) program prevent design errors and change orders. Our approach is to provide proactive management to control every aspect of a project in detail to identify potential issues and problems in advance and take corrective actions before they become problems. This requires extensive hands-on knowledge, experience and management skills of the people involved in managing and inspecting the project. Our team members have extensive experience and proven track record in managing such complex projects and bringing them to a completion on time and budget. Insurance: Transtech's Insurance coverage is$2m/$4m. Historic Building Renovation: Transtech has been involved in the renovation of a number of old and historic buildings. Most recently, Transtech received Caltrans Award for Excellence in Transportation and, California Preservation Foundation Preservation Award for the Renovation and Adoptive Re-use of Historic Santa Fe Depot Project. Transtech served as turn-key program/construction manager for this project. The following page provides brief information about this project. WORTHY PROPERTY HISTORIC REHAB ANALYSIS Page 2 SANBAG/SAN BERNARDINO SANTA FE TRAIN DEPOT/STATION HISTORIC RENOVATION Transtech Scole of Work: Transtech served as turn-key project manager, including management of design consultant and specialty inspection consultants, construction management, building plan check and inspection,federal fund management, labor compliance. The project involved hazardous material abatement, building renovation, TI improvements, restaurant improvements, seismic and structural upgrade, new mechanical, electrical HVAC system and site improvements to renovate and reuse a 60,000 SF existing building. ro' ct• Renovation of Santa Fe Historic Depot in San Bernardino. Transtech won Caltrans 2004 Excellence Award for the Project. Total PM tc Cost: $15,000,000 .9aat1[r+I�u�mA�Nr�4ii�i►:18d7�{rd .A[� ... s..i.rimtir..,w�.a tn._. M ARTiOMO!'TKAN4MRTATCOM 1'dl4rSC to fla6GI ACI UM. o G:am[noon lkllkA'fAfTt't{►CA atfn.ema Mr(11Mpf"M III May 11,Nei Mr,A Ali CA* Ttan{leCb Er4imetint.Inc Ift IN,Anoaahaad Rube 1 Gww9AarrM�ed nc.CA "40 &u1 Bts B�me F�D�p�c lRohah�tl�cArAi � ' Ebsr Juh.C'A*! r' Cyst has swan' VOW PM*a Was sola't&I 6M 761 ernes NM&=I rh1;4u e. t'AVAM iw lwKKL to slwwass a%h*oat*of local*?W?"Rio Asamooe.piv*0 6"**cW"and oomwtWww wnd owowwn 12 Cos v*m dairSs-wkv ao wocMnb"IV iM VMW Md ar"Me 'Califtmnia'a UMSPOMMI100 S'yflum ow j%i Pmd of ptapwaal CtlQll Mt. aaxirntmyerroAt aecid9*as,unap"dixa pintttlM W4 Iiwd%%e&MPA el MIR cleaned yexur pfoiea en be Nram*Xy. k zl►arrk yba fer•+nta%e•ram gaajact to the:co 'Su al"Xi 1nxti+r�,a�Nttiu*".weds pwstaen.AunigeRanAb ne bvLig mak imcklher a C[ka=rSpM vgM My*#lo pauWayrMTM You with+krm&ward. I loot rnww ow 10 this O*CwTinla aa= xatcwwt.>,r, ti MIT KFUMN, vw WORTHY PROPERTY HISTORIC REHAB ANALYSIS Page 3 MIM 2. Scope of Work The subject property is a 2 story building which was constructed in the 1880's. There is a new construction adjacent to this historic building. The City is looking for a qualified firm to develop a n action plan for the renovation of this historic building. As requested by the City, our scope of work at this point will be limited to review of existing available plans, documents and reports, and provide our professional opinion and advice to the City how to move the project forward with the property owner. Our initial scope of services will include: ■ Conducting meetings with City staff, property owner, and other involved parties as necessary to discuss the project. ■ In consultation with all involved parties, developing an action plan how to move the renovation forward. ■ Defining issues, preparing findings, developing a development budget and implementation schedule. ■ Maintaining communication with all involved parties. Providing minutes of all meetings and discussions. ■ Developing a Project Development Schedule. ■ Providing a written report to the City summarizing the efforts and recommendations, findings developed from above actions. WORTHY PROPERTY HISTORIC REHAB ANALYSIS Page 4 Oita EXHIBIT B 3. Proposed Budget The proposed budget for our initial services is $24,600, which is based on the following breakdown: Task Labor Classification Est Hours Hourly Total Rate Meetings Principal Engineer 4 $17 $70 Constr Mngr/EngBldng Official/Str Eng 2 $125 $3,00 Site/Field Review Principal Engineer 4 $17 $70 Constr Mngr/EngBldng Official/Str Eng 1 $125 $2,00 Existing Avilable Principal Engineer 4 $17 $70 Document Review Constr Mngr/EngBldng Official/Str Eng $125 $3,75 Analysis and Principal Engineer 1 $17 $1,75 Recommendations Constr Mngr/EngBldng Official/Str Eng $12 $5,00 Principal Engineer 2 $17 $3,5 Management and Constr Mngr/EngBldng Official/Str Eng 1 $125 $1,25 Support Tech Support Staff 1 $7 $75 Admin Support Staff 2 $5 $1,00 Budget for direct reimbursables(charged at cost plus 10%) $50 TOTAL ESTIMATED BUDGET(TO BE BILLED AT LUP-SUM AND%COMPLETE $24,60 BASIS) This proposal is valid for 90 days. The contact person is Al Pagani (tel: 951.265.3543, e-mail: ajpagani@transteche.com). Thank you for the opportunity to submit this proposal. Sincerely, Transtech Engineers, Inc. Al Pagani Vice President, Construction Attachment: Transtech General SOQ F WFROCESSIPROPOSALS2006126MHLUnNGTONSEACKWORTHY MSTORIC RENOVATIOMPROPOSAL FOR WORTHY PROPERTY HISTORIC REHMANALYSISdoe WORTHY PROPERTY HISTORIC REHAB ANALYSIS Page 5 murx w*. UStet 4/13/"LOUb TIMet 11Jt07 AM Tot Certiricate KAViSions to 17145355212 1-510-452-2193 Paget 002-003 Client#:6471 TRANSENG11 t Q/fC1 1\ c7 JAr-OR CERTIFICATE OF LIABILITY INSURANCE 4113`o s""' (PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 199 S Los Robk±s Ave Ste 540 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY`THE POLICIES BELOW. Pasadena,CA 91101 06 84,1_3070 INSURERS AFFORDING COVERAGE INSURED INSURER A: United States Fidelity&Guaranty Transtech Engineers,Inc. INSURER B: American Automobile Ins.Co. 624 Brea Canyon Road INSURERc: Liberty Insurance Underwriters,Inc. Walnut,CA 91789-3000 INSURER D: INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS.EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- INSR TYPE OF INSURANCE POLICY IN/fl� POLICY EFFECTIVEPOLICYDATE jj6M1YYJ EXPIRATION LIMITS LTR TE(MMOD"I A GENERAL LIABLRY BKO11426181 04128106 04/28107 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILRY FIRE DAMAGE(Any..fire) $1000000 CLAIMS MADE ❑X OCCUR MED EXP(Any one person) $10 000 PERSONAL&AOV IN JURY $1,000,000 GENERAL AGGREGATE s2 000 000 GEN'L AGGREGATE L IM IT APPLES PER: PRODUCTS-COMPiOP AGG s2000,NO POLICY ^ PRO- LOC A AUTOMOBILE LIABILITY BKO1426181 04128M W28107 COMSIWD SINGLE LIMIT ANY AUTO (Ea accident) $1,00010" ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per P-) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per acradeM) PROPERTY DAMAGE $ (Pef accident GARAGE LIABILITY AUTO ONLY-EA ACC03ENT $ F I ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ A Excess uABI.RY BKO1426181 04/28/06 04/28107 EACH OCCURRENCE $4,000,000 X El OCCUR CLAIMS MADE AGGREGATE s4,000,000 _- s HDEDUCTBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WZP80933326 09/01/05 09/01/06 X WC STATu- oTR EMPLOYERS'LJABKIFY TORY LIIITS ER _ E.LEACHACCCIOENT $1,000,000 E.L.DISEASE-EA EMPLOYEE $10(10000 El.DISEASE -POLICY LIMIT $1 000 000 C OTHER Professional AEE1964680105 06124/05 06124/06 $1,000,000 per claim lability $2,000,000 annl aggr. DESCRIPTION OF OPERATX)NS&OCATIONWVEHK3"IEXCLUSKM ADDED BY ENDORSEMIENASPECwt-PROVSKM The City of Huntington Beach,its agents,officers,and employees are named as an additional insured as respects general liability for claims AP ROVED S TO FORTvi: arising from the operations of the named insured 1 NIFER McGRATH,City Attcr'_;,7" ° CERTIFICATE HOLDER AD RT INPLRSORED•INSURERLETTER: CANCELLATION Ton QaX Motice for Noa-P-ament of Premium SHOULD ANY OF THEABONEDESCRBEO POLIMSSE CANCELLED BEFORE TN E EXPIRATION City of Huntington Beach DATE THEREOF, THE issum INSURER WounouWAMM To MTAIL30 DAYS WHITEN Attn-Risk Management NOTICETOTHE CER ICATE HOLDER NAMED TO THE LEFT, 2000 Main St Ia[ Huntington Beach,CA 92648 AUTHOR&MO REPRESENTATIVE ACORD 2SS(7197)1 of 1 SS1559811MIS5607 TLV 0 ACORD CORPORATION 1988 Date: 4/13/2006 Time: 10:07 AM To: Certificate Revisions @ 17145365212 1-510-452-2193 Page: 003-003 s Policy Number: BKO1426181 Owners Lessees or Contractors (Form B) ADDITibNAL INSURED Change(s) Effective; 4/13/2006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance policy under the following: LIABILITY COVERAGE PART: Schedule Narne of Person or Organization: City of Huntington Beach Attn: Risk Management 2000 Main St. Huntington Beach, CA 92648 SECTION li -WHO IS AN INSURED is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of"your work"for that insured by or for you. The City of Huntington Beach, its agents, officers, and employees are named as an additional insured as respects general liability for claims arising from the operations of the named insured- APPROVED AS TO FORM: Aj NjFER Mc RAIN f'?�City !J�ey CL/BF 22 40 03 95 s PROFESSIONAL SERVICE CONTRACTS PURCHASING CERTIFICATION 1. Requested by: Terri King/Stanley Smalewitz, Econ Dev Dept 2. Date: June 15, 2006 3. Name of consultant: Transtech Engineers, Inc. 4. Attach the written statement of the specification, conditions and other requirements for the requested services that was provided to solicted consultatnts in your answer to 11 of this form. 5. Amount of the contract: $24,600.00 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: 30680301.69365 8. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ❑ Yes, ® No I y�;t vc�u�c.,� Go-ra e-e 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). /v'A 12. Attach proposed scope of work. Su- e iac,+ 13. Attach proposed payment schedule. St* RI ARD AWADRIL, Manager Purchasing/Central Services ' If the answer to any these questions is"No,"the contract will require approval from the City Council. cep EXHIBIT "At' : .. ., t PROGRAM MANAGEMENT SERVICES- INK PARKING STRUC rul AT SANTA FE DEPOT AGREEMENT FOR SERVICES FOR THE METROLINK PARKING STRUCTURE AT SANTA FE D.EPQT BY AND BETWEEN � CITY OF SAN BERNARDINO AND TRANSTECH� ENGINEERS,(EXHIBIT «A„� ;r F This AGREEMENT FOR PROGRAM MANAGEMENT SERVICES BY AND BETWEEN CITY OF SAN BERNARDINO (AGENCY) and TRANSTECH E EERS, INC. (CONSULTANT), is made and entered into effective asvf , 2005, by and between the AGENCY and the CONSULTANT. j NOV 2 12005 t SECTION 1. TERM OF AGREEMENT. The term of this AGREEMENT shall be for a period of 36 months from the effective date of this AGREEMENT, as first shown above. Such term may be extended upon written agreement of both parties to this AGREEMENT. SECTION 2. SUBCONTRACTORS. CONSULTANT shall perform the services contemplated under this AGREEMENT using the resources available within its own organization and any subcontractors that have been authorized, in writing, by the AGENCY. Any substitution of subcontractors must be approved, in writing, by the AGENCY. Any subcontract with a value in excess of TWENTY- FIVE THOUSAND DOLLARS ($25,000) that is executed by CONSULTANT in connection with this AGREEMENT shall contain all of the provisions of this AGREEMENT that are stipulated herein to be applicable to subcontractors. SECTION 3. SCOPE OF SERVICES. CONSULTANT, agrees .to perform the services set forth in Attachment 1 of this AGREEMENT. SECTION 4. ADDITIONAL SERVICES. (a) CONSULTANT shall not be compensated for any services rendered in connection with its performance of this AGREEMENT which are in addition to or outside of those described in this AGREEMENT, unless such additional services are authorized in advance and in writing by the AGENCY. CONSULTANT shall be compensated for any such additional authorized services in the amounts and in the manner agreed to in writing by the AGENCY. (b) In the event that, due to causes beyond the control of and without the fault or negligence of Consultant, Consultant fails to meet any of its obligations under this AGREEMENT Pagel P GRAM MANAGEMENT. .,ZVICES METROLINK PARKING STRUM.dRE AT SANTA FE DEPOT A 'r ment, and such failure shall not constitute a default in performance, the AGENCY m y 'grant to CONSULTANT such extensions of time and make other arrangements or ad i dohs, excepting any increase in payment, as may be reasonable under the cirnstances. S ION 5. COMPENSATION AND METHOD OF PAYMENT. (a) CONSULTANT. Shall be compensated in the manner and amounts specified in A achment 2 of this AGREEMENT. The total compensation due CONSULTANT shall n t teed the amount set forth in the budget contained in Attachment 2 unless additional c m ensation has been approved in writing in advance by the AGENCY. Notwithstanding th established not-to-exceed budget, CONSULTANT shall incur only such costs as are re rable and necessary and in the best interests of the AGENCY. If, at any time, C S''iULTANT estimates the cost of performing the services described in C SIIULTANT's Proposal will exceed the budget for such services including approved a d 'i6nal compensation, CONSULTANT shall notify the AGENCY immediately in writing in i gating the additional amount necessary to complete the services. Any cost incurred by C SULTANT in excess of the aforesaid limitation without the express written consent of th ENCY shall be at CONSULTANT's own risk. 'i'(b) As soon as practical after the first day of each calendar month, C I 1,8ULTANT shall furnish to AGENCY an original invoice. The invoice shall identify all c rr ensation due CONSULTANT by AGENCY and shall be in accord with C SULTANT's Proposal. AGENCY shall use its best efforts to pay the amount invoiced in fL 1 within thirty (30) days after receipt of invoice. (c) AGENCY shall independently review each invoice submitted by the CO $ULTANT to determine if said invoice is in compliance with all provisions of this A �EMENT. All CONSULTANT costs and expenses and any subcontractor costs and e p rises must be in accord with the Contract Cost Principles and Procedures of the F eal Acquisition Regulation, 48 CFR Part 31 et seq. (the FAR), and Uniform d i0istrative Requirements for Grants and Cooperative Agreements to State and Local o i'nments, 49 CFR Part 1.8. Any costs and expenses for which payment has been a e,li to CONSULTANT and/or CONSULTANT's subcontractors that are determined by s equent audit to be unallowable are subject to repayment by CONSULTANT and/or O SULTANT's subcontractors to AGENCY. The eligibility requirements for subcontractor c �pnd expenses, as described in this SECTION 5(c), must be contained in all s Ontracts of CONSULTANT. Further, all subcontracts of CONSULTANT must include a ovision mandating reimbursement of AGENCY for any costs for which payment has ;;made that are determined to be unallowable by subsequent audit. !j (d) In the event AGENCY disputes any costs or expenses in any invoice, i CY shall notify CONSULTANT within thirty (30) days of receipt by AGENCY of said i vice. AGENCY shall process the undisputed portion of said invoice. CONSULTANT shall ii or of and resubmit any properly disputed portions of said invoice. III G EEMENT Page 2 1 PROGRAM MANAGEMENT btRVICES -METROLINK PARKING STRU(,,URE AT SANTA FE DEPOT (e) Payment to CONSULTANT for services performed pursuant to this AGREEMENT shall not be deemed to waive any deficiencies in services performed by CONSULTANT. SECTION 6. DEFICIENT SERVICES. CONSULTANT represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the services required under this AGREEMENT. CONSULTANT shall at all times competently, and, consistent with its ability, experience and talents, perform all services described herein. In meeting its obligations under this AGREEMENT, CONSULTANT shall employ, at a minimum, generally accepted standards and practices utilized by consulting firms engaged in providing services similar to those required of CONSULTANT under this AGREEMENT. AGENCY may disapprove services that do not conform to these standards and practices and may withhold or deny compensation for deficient services. Upon disapproval of services by AGENCY, CONSULTANT shall immediately reperform, at its own costs, the services that are deficient. AGENCY must notify CONSULTANT in writing of the existence of such deficient services within a reasonable time, not to exceed sixty (60) days after its discovery thereof, but in no event later than one (1) year after the completion of such deficient services. No approval, disapproval, or omission to provide approval or disapproval shall release CONSULTANT from any responsibility under this AGREEMENT. SECTION 7. OWNERSHIP OF DOCUMENTS. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by CONSULTANT in the course of providing any services pursuant to this AGREEMENT shall be the sole property of AGENCY and may be used, reused or otherwise disposed of by AGENCY without the permission of the CONSULTANT. Upon satisfactory completion of, or in the event of expiration, termination, suspension, or abandonment of this AGREEMENT, CONSULTANT shall turn over to AGENCY all such maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents which CONSULTANT may have temporarily retained for use by CONSULTANT staff. With respect to computer files, CONSULTANT shall make available to the AGENCY, upon reasonable written request by the AGENCY, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files. SECTION 8. CONSULTANT'S BOOKS AND RECORDS. (a) CONSULTANT shall maintain any and all documents and records demonstrating or relating to CONSULTANT's performance of services pursuant to this AGREEMENT. CONSULTANT shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, or other documents or records evidencing or relating to work, services, expenditures and disbursements charged to AGENCY pursuant to this AGREEMENT Page 3 I Pk RAM MANAGEMENT SCRVICES -METROLINK PARKING STRUC URE AT SANTA FE DEPOT A R EMENT. Any and all such documents or records shall be maintained in accordance it nerally accepted accounting principles and shall be sufficiently complete and detailed so a to permit an accurate evaluation of the services provided by CONSULTANT pursuant to h' AGREEMENT. Any and all such documents or records shall be maintained for not less han four years from the date of final payment made in accordance with this A EMENT and to the extent required by laws relating to audits of public agencies and th it xpenditures. (b) Any and all records or documents required to be maintained pursuant to this S C ION 8 shall be made available for inspection, audit and copying, at any time during re u r business hours, upon written request by AGENCY or its designated representatives or re resentatives of any governmental entity, including the Federal Highway Administration an altrans, that is providing funding for the Project, if a portion of such funding is used to co nsate CONSULTANT hereunder. Copies of such documents or records shall be pr v d directly to the AGENCY for inspection, audit and copying when it is practical to do so erwise, unless an alternative is mutually agreed upon, such documents and records sh II be made available at CONSULTANT's address indicated for receipt of notices in this A F MENT. (c) Where AGENCY has reason to believe that any of the documents or records re ed to be maintained pursuant to this SECTION 8 may be lost or discarded due to di s 'I0tion or termination of CONSULTANT's business, AGENCY may, by written request, 11 re a that custody of such documents or records be given to the requesting party and that s c documents and records be maintained by the requesting party. Access to such d c 'ents and records shall be granted to AGENCY, as well as to its successors-in-interest a d uthorized representatives. S ( `fIION 9. STATUS OF CONSULTANT. (a) CONSULTANT is and shall at all times remain a wholly independent C r �ULTANT and not an officer, employee or agent of AGENCY. CONSULTANT shall h v """"' no authority to bind AGENCY in any manner, nor to incur any obligation, debt or li bi ty of any kind on behalf-of or against AGENCY, whether by contract" or otherwise, u 1 s such authority is expressly conferred under this AGREEMENT or is otherwise e p $sly conferred in writing by AGENCY. i (b) The personnel performing the services under this AGREEMENT on behalf of C ULTANT shall at all times be under CONSULTANT's exclusive direction and control. Nei Or AGENCY, nor any elected or appointed boards, officers, officials, employees or a is of AGENCY, shall have control over the conduct of CONSULTANT or any of O $ULTANT's officers, employees or agents, except as set forth in this AGREEMENT. O 8ULTANT shall not at any time or in any manner represent that CONSULTANT or any o ONSULTANT's officers, employees or agents are in any manner officials, officers, e Iayees or agents of AGENCY. l` G EEMENT Page 4 l PROGRAM MANAGEMENT SCRVICES -METROLINK PARKING STRUL i LIRE AT SANTA FE DEPOT (c) Neither CONSULTANT, nor any of CONSULTANT's officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to AGENCY's employees. CONSULTANT expressly waives any claim CONSULTANT may have to any such rights. (d) Pers Eligibility Indemnity. In the event that CONSULTANT or any employee, agent, or subcontractor of CONSULTANT providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, CONSULTANT shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of CONSULTANT or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. SECTION 10. COMPLIANCE WITH APPLICABLE LAWS; PERMITS, LICENSES. CONSULTANT shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this AGREEMENT. CONSULTANT shall obtain any and all licenses, permits and authorizations necessary to perform the services set forth in this AGREEMENT. SECTION 11. DISADVANTAGED BUSINESS ENTERPRISES. (a) During the term of this AGREEMENT, CONSULTANT shall make good faith efforts to ensure that Disadvantaged Business Enterprises (DBEs) have the maximum opportunity to. successfully participate in the work under this AGREEMENT and that CONSULTANT meets the required DBE goal(s). A good faith effort to ensure DBEs have the maximum opportunity to participate in work under this AGREEMENT shall include but not be limited to the following: (1) Negotiating in good faith to attempt to finalize and execute subcontract agreements with all DBEs that have been proposed to AGENCY by CONSULTANT. (2) Utilizing DBE suppliers and DBE subcontractors, where possible, and documenting all efforts to do so. (3) Providing assistance to DBE subcontractors or suppliers in obtaining required bonding and lines of credit. (4) Notifying a DBE in writing of any potential problem and attempting to resolve the problem prior to formally requesting AGENCY approval to substitute for the DBE. AGREEMENT Page 5 Pi#O RAM MANAGEMENT Sr-RVICES - METROLINK PARKING STRUC i URE AT SANTA FE DEPOT (5) Making timely payment of all monies due and owing to DBE subcontractors and suppliers. (6) Alerting AGENCY in a timely manner of any problems anticipated in attaining CONSULTANT's DBE participation goal(s). (b) If CONSULTANT seeks approval from the AGENCY for the substitution of D E ubcontractors or suppliers, CONSULTANT shall use good faith efforts to substitute of e PBE subcontractors or suppliers. (c) Changes to this AGREEMENT that increase or decrease DBE participation sh II i e appropriately reflected in all reports to AGENCY that describe DBE participation in th eject. ''(d) All subcontractors and suppliers that are to be counted by CONSULTANT to d, the achievement of CONSULTANT's DBE goal must be certified. CONSULTANT is re p 'risible for verifying and monitoring the certificate status of its DBE subcontractors and s p j irs. AGENCY is not a DBE certifying agency. AGENCY will accept DBE certification b ! J;trans, or other organizations that certify the eligibility of DBEs in accordance with 49 C 26. (e) CONSULTANT and AGENCY agree that CONSULTANT shall make a good fa t ffort to achieve the DBE goal, (f) A good faith effort to achieve the DBE goal may be demonstrated by C SULTANT through one or more of the following: (1) Planning to use DBE subcontractors and suppliers to a greater degree than that needed to achieve any DBE goal established for this I' AGREEMENT. (2) Actively soliciting substitute DBE subcontractors and suppliers to replace DBE organizations that are unable to participate in the Project in P 9 P P 1 spite of the initial agreement of said DBE organizations to undertake work for �I the Project. III (3) Providing additional work to existing Project DBE subcontractors should changes in CONSULTANT's Incremental Scopes of Services eliminate or reduce work assignments planned for DBE subcontractors. CONSULTANT must T f 'O us careful) record CONSULTANT's good faith efforts to (9) Y 9 c lieve the DBE goal and must share said records with AGENCY if requested to do so. 9 q II EEMENT Page 6 1 i PROGRAM MANAGEMENT SLRVICES -METROLINK PARKING STRUG i LIRE AT SANTA FE DEPOT SECTION 12. FAIR EMPLOYMENT PRACTICES. (a) In the performance of this AGREEMENT, CONSULTANT will not discriminate against any employee because of race, color, sex, religion, national origin, age, ancestry, pregnancy, disability, sexual orientation, medical condition or marital status and shall comply with the provisions of the State Fair Employment Practices Act as set forth in Part 4.5 of the Division 2 of the California Labor Code; the Federal Civil Rights Act of 1964, and all amendments thereto; Executive Order No. 11246; and all administrative rules and regulations issued pursuant to such acts and order. CONSULTANT will take affirmative action to ensure that employees are treated during employment without regard to their race, sex, actual or perceived sexual orientation, color, religion, ancestry, or national origin. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. CONSULTANT shall post in conspicuous places, available to employees for employment, notices provided by state and federal agencies regarding fair employment practices. (b) Remedies for willful violation: (1) The AGENCY may determine a willful violation of the fair employment provision of this AGREEMENT to have occurred upon receipt of a final judgment to that effect from a court in an action to which CONSULTANT was a party, or upon receipt of a written notice form the Fair Employment and Housing Commission that it has investigated and determined that CONSULTANT-has violated the Fair Employment Practices Act and had issued an order under Labor Code Section 1426 which has become final or has obtained an injunction under Labor Code Section 1429. (2) For willful violation of the fair employment provision of this AGREEMENT, the AGENCY shall have the right to terminate this AGREEMENT, either in whole or in part, and any loss or damage sustained by AGENCY in securing the goods or services described herein shall be borne by and paid for by CONSULTANT and AGENCY may deduct from any moneys due or that thereafter may become due to CONSULTANT, the difference between the price named in the AGREEMENT and the actual cost thereof to AGENCY to cure CONSULTANT's breach of this AGREEMENT SECTION 13. NONDISCRIMINATION ASSURANCES. (a) CONSULTANT hereby agrees that it will comply with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.C. 2000d 42 U.S.C. 2000d-4 (the ACT), and all requirements imposed by, or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21 , Nondiscrimination in Federally-Assisted Programs of the Department of Transportation Effectuation of Title VI of the Civil Rights Act of 1964 (the REGULATIONS), the Federal- AGREEMENT Page 7 i P RO RAM MANAGEMENT Sr-RVICES- METROLINK PARKING STRUC i JRE AT SANTA FE DEPOT Aiq ighway Act of 1973, and other pertinent directives, to the end that in accordance with the T, REGULATIONS, and other pertinent directives, no person in the United States sh II n the basis of race, color, sex, national origin, religion, age or disability, be excluded fro articipation in, be denied the benefits of, or be otherwise subjected to discrimination un a any program or activity of CONSULTANT under this AGREEMENT. (b) CONSULTANT, without limiting the above general assurance, hereby gives th f Ipwing specific assurances: (1) CONSULTANT agrees that each program and each facility as defined 11 in subsections 21.23 a and 21.23 b of the REGULATIONS O will be conducted or will be operated in compliance with all requirements imposed by, or pursuant to, the REGULATIONS. AN notification in allsolicitations 2 CONSULT T shall insert the following no ( ) 9 for w n with this AGREEMENT n r bids k or i i connection and,for b d o or material made n conn c in adapted form in all proposals for negotiated agreements: P P P 9 9 CONSULTANT hereby notifies all bidders that it will affirmatively ensure that in any agreement reement entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be PP Y P discriminated against n the grounds of race color, sex national o d a 9 origin, a 9 ,e religion, or disability in consideration for an award. 9 Y (3) CONSULTANT agrees- -that the United States and the State of California have a right to seek judicial enforcement with regard to any matter arising under the ACT, the REGULATIONS, and this AGREEMENT. (4) CONSULTANT shall provide for such methods of administering its obligations under the AGREEMENT as are found by the U.S. Secretary of Transportation, or the official whom he delegates specific ecific author ity, to give reasonableguarantee that CONSULTANTS and its agents, subcontractors , andsuccessors in inter II requirements i r a interest will comply with a eq imposed by, o pursuant to the ACT, the REGULATIONS, and this AGREEMENT. E !I IION 14. UNAUTHORIZED ALIENS. CONSULTANT hereby promises and agrees to comply with all of the provisions of t e ' oderal Immigration and Nationality Act, 8 U.S.C.A. 1101, et seg., as amended, and, in c oction therewith, shall not employ unauthorized aliens as defined therein. Should SULTANT so employ such unauthorized aliens for the performance of work and/or s ides covered by this AGREEMENT, and should any liability or sanctions be imposed g nst AGENCY for such use of unauthorized aliens, CONSULTANT hereby agrees to and h 11 ,'reimburse AGENCY for the cost of all such liabilities or sanctions imposed, together I G CEMENT Page 8 PROGRAM MANAGEMENT Sr-RVICES -METROLINK PARKING STRU(.i URE AT SANTA FE DEPOT with any and all costs, including attorneys' fees, incurred by AGENCY in connection therewith. SECTION 15. CONFLICTS OF INTEREST. (a) CONSULTANT covenants that neither it, nor any of its officers or principals has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of AGENCY or which would in any way hinder CONSULTANT's performance of services under this AGREEMENT. CONSULTANT further covenants that in the performance of this AGREEMENT, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the AGENCY. CONSULTANT agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of AGENCY in the performance of this AGREEMENT. (b) AGENCY understands and acknowledges that CONSULTANT is, as of the date of execution of this AGREEMENT, independently involved in the performance of non- related services for other governmental agencies and private parties. CONSULTANT is unaware of any stated position of AGENCY relative to such projects. Any future position of AGENCY on such projects shall not be considered a conflict of interest for purposes of this section. SECTION 16. RESTRICTIONS ON LOBBYING ON FEDERALLY FUNDED PROJECTS. (a) By signing this AGREEMENT, CONSULTANT certifies, to the best of its knowledge and belief, that no federal appropriated funds have been paid or will be paid, by or on behalf of CONSULTANT, to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or an employee of the Congress, or an employee of a Member of Congress in connection with this AGREEMENT. (b) If any funds, other that federal appropriated funds, have been paid or will be paid to any person for influencing or attempting to influence an officer or an employee of any federal agency, a Member of Congress, an officer or employee of Congress or an employee of a Member of Congress in connection with this Agreement, CONSULTANT shall complete and submit all required lobbying disclosure forms and reports. (c) This certification is a material representation of fact upon which reliance was placed when this AGREEMENT was executed. (d) The language of this SECTION shall be included in all subcontracts that exceed ONE HUNDRED THOUSAND DOLLARS ($100,000) in value. AGREEMENT Page 9 PRO RAM MANAGEMENT:._.1VICES -METROLINK PARKING STRUM_JRE AT SANTA FE DEPOT SO ION 17. CONFIDENTIAL INFORMATION; RELEASE OF INFORMATION. (a) All information gained or work products produced by CONSULTANT in pe o mance of this AGREEMENT shall be considered confidential, unless such information is n �he public domain or already known to CONSULTANT. CONSULTANT shall not rel a e, or disclose any such information or work products to persons or entities other than A E CY without prior written authorization from the AGENCY, except as may be required by la ' (b) CONSULTANT, its officers, employees, agents or subcontractors shall not, wit t';prior written authorization from the AGENCY or unless requested by the Counsel to th ENCY, voluntarily provide declarations, letters of support, testimony at depositions, re p nse to interrogatories or other information concerning the work performed under this AEMENT. Response to a subpoena or court order shall not be considered "voluntary" pr v ed CONSULTANT gives AGENCY notice of such court order or subpoena. (c) If CONSULTANT, or any officer, employee, agent or subcontractor of C IN QLTANT, provides any information or work product in violation of this AGREEMENT, th n GENCY shall have the right to reimbursement and indemnity from CONSULTANT for a y s!Images, costs and fees, including attorneys fees, caused by or incurred as a result of C ls ULTANT's conduct. ;�(d) CONSULTANT shall promptly notify AGENCY should CONSULTANT, its officers, e ;gees, agents or subcontractors be served with any summons, complaint, subpoena, n ti :of deposition, request for documents, interrogatories, request for admissions or other di c 'very request, court order or subpoena from any party regarding this AGREEMENT and th brk performed thereunder. AGENCY retains the right, but has no obligation, to rep r sent CONSULTANT or be present at any deposition, hearing or similar proceeding. C S:ULTANT agrees to cooperate fully with AGENCY and to provide AGENCY with the o p 'unity to review any response to discovery requests provided by CONSULTANT. H {der, this right to review any such response does not imply or mean the right by A CY to control, direct, or rewrite said response. S TION 18. INDEMNIFICATION. CONSULTANT shall indemnify, defend and hold harmless AGENCY from and a st any and all claims, demands, suits, actions, proceedings, judgments, losses, d allies, injuries, penalties, costs, expenses (including reasonable attorney's fees) and Ii ides, of, by, or with respect to third parties, which arise from CONSULTANT's n ident performance of services under this AGREEMENT. CONSULTANT shall not be r s djnsible for, and AGENCY shall indemnify, defend and hold harmless CONSULTANT f o End against, any and all claims, demands, suits, actions, proceedings, judgments, 1 s e0, damages, injuries, , penalties, costs, expenses (including attorneys' fees) and li lines of, by or with respect to third parties, which arise from the AGENCY's negligence. i respect to any and all claims, demands, suits, actions, proceedings, judgments, I s !es, damages, injuries, penalties, costs, expenses (including attorneys' fees) and G a EEMENT Page 10 PROGRAM MANAGEMENT br-RVICES -METROLINK PARKING STRUL LIRE AT SANTA FE DEPOT liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of CONSULTANT and AGENCY, each party shall assume responsibility in proportion to the degree of its respective fault. SECTION 19. INSURANCE. (a) CONSULTANT's liability to the AGENCY for injury or damage to persons or property arising out of work performed by the Consultant and for which legal liability may be found to rest upon CONSULTANT other than for professional errors and omissions, shall be a minimum of $1,000,000. For any damage or injury on account of any error, omission or other professional negligence, CONSULTANT's liability shall be limited to a sum not to exceed $50,000 or CONSULTANT's fee, whichever is greater. (b) The AGENCY will require the CONSULTANT to provide Worker's Compensation and Comprehensive General Liability Insurance, with .coverage sufficient to insure the CONSULTANT's liability, as above required; and, such insurance shall include the AGENCY, and each of its officers, agents and employees as additional insured with exception to additional insured under Worker's Compensation. (c) CONSULTANT shall provide evidence of insurance with a 10-day notice to AGENCY of termination or material change. SECTION 20. ASSIGNMENT. The expertise and experience of CONSULTANT are material considerations for this AGREEMENT. AGENCY has an interest in the qualifications of and capability of the persons and entities that will fulfill the duties and obligations imposed upon CONSULTANT under this AGREEMENT. In recognition of that interest, CONSULTANT shall not assign or transfer any portion of this AGREEMENT or the performance of any of CONSULTANT's duties or obligations under this AGREEMENT without the prior written consent of the AGENCY. Any attempted assignment shall be ineffective, null and void, and shall constitute a material breach. of this AGREEMENT entitling AGENCY to any and all remedies at law or in equity, including summary termination of this AGREEMENT. SECTION 21. PROJECT STAFF. AGENCY reserves the right to request that CONSULTANT replace a staff person assigned to perform services under this AGREEMENT in the event the AGENCY, in its sole discretion, determines such a replacement is necessary. AGREEMENT Page 11 l PR RAM MANAGEMENT b—RVICES - METROLINK PARKING STRUL.JRE AT SANTA FE DEPOT S C 1ON 22. TERMINATION OF AGREEMENT. (a) AGENCY may terminate this AGREEMENT, with or without cause, at any time by gi 'i? ninety (90) days written notice of termination to CONSULTANT. In the event such no i i; given, CONSULTANT shall cease immediately all work in progress. �(b) CONSULTANT may terminate this AGREEMENT at any time upon ninety (90) da �ritten notice of termination to AGENCY. j(c) If either CONSULTANT or AGENCY is in default under this AGREEMENT, th n in addition to any other remedies, either CONSULTANT, or AGENCY may terminate th s CREEMENT immediately upon written notice. I(d) Upon termination of this AGREEMENT by either CONSULTANT or AGENCY, al gperty belonging to AGENCY, which is in CONSULTANT's possession, shall be r u6d to AGENCY. CONSULTANT shall furnish to AGENCY a final invoice for work p rf rmed and expenses incurred by CONSULTANT, prepared as set forth in this A EMENT. This final invoice shall be reviewed and paid in the same manner as set f rt i this AGREEMENT. S ITIIION 23. DEFAULT. Ii I If either CONSULTANT or AGENCY fails to perform any material obligation under t is!�GREEMENT, the non-breaching party shall notify the breaching party in writing. Within t i (30) days of receipt of such written notice, the breaching party shall commence curing s breach and shall diligently pursue such cure to completion. If the breaching party fails t ligently pursue such cure to completion, the breaching party shall be in default under the t r s' of this AGREEMENT. In the event that CONSULTANT is in default, the AGENCY s I 'not have any obligation or duty to continue compensating CONSULTANT for any e ies performed after the date of default, and AGENCY, without limiting any other legal or q table remedies available to it, shall be entitled to withhold from CONSULTANT amounts n id hereunder and to offset such amounts against damages or losses incurred by the NCY, including increased costs of services. TION 24. SCHEDULE. The project shall be completed per the schedule shown in Attachment 3 of this P P EEMENT. LION 25. EXCUSABLE DELAYS. pCONSULTANT shall not be liable for damages, including liquidated damages, if any, lI sed by delay in performance or failure to perform due to causes beyond the control of NSULTANT. Such causes include, but are not limited to, acts of God, acts of the public emy, acts of federal, state or local governments, court orders, fires, floods, epidemics, I� A IREEMENT Page 12 IV' PROGRAM MANAGEMENT b.-RVICES -METROLINK PARKING STRUT.,LIRE AT SANTA FE DEPOT strikes, embargoes, and unusually severe weather. The term and price of this AGREEMENT shall be equitably adjusted for any delays due to such causes. SECTION 26. NOTICES. All notices required or permitted to be given under this AGREEMENT shall be in writing and shall be personally delivered, or sent by telecopier or certified mail, postage prepaid and return receipt requested, addressed as follows: To AGENCY: James Funk, Director of Development Services City of San Bernardino Development Services Department 300 North D Street San Bernardino, CA 92418-0001 To CONSULTANT: Ali Cayir, PE, Principal Transtech Engineers, Inc. 198 North Arrowhead Avenue, Suite San Bernardino, CA 92408 Notice shall be deemed effective on the date personally delivered or transmitted by facsimile or, if mailed, three (3) days after deposit of the same in the custody of the United States Postal Service. SECTION 27. AUTHORITY TO EXECUTE: -- The person or persons executing this AGREEMENT on behalf of CONSULTANT warrants and represents that he/she/they has/have the authority to execute this AGREEMENT on behalf of his/her/their corporation and warrants and represents that he/she/they has/have the authority to bind CONSULTANT to the performance of its obligations hereunder. SECTION 28. BINDING EFFECT. This AGREEMENT shall be binding upon the heirs, executors, administrators, successors and assigns of the parties. SECTION 29. MODIFICATION OF AGREEMENT. - No amendment to or modification of this AGREEMENT shall be valid unless made in writing and approved by the CONSULTANT and by the AGENCY. The parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void. AGREEMENT Page 13 ' PR GRAM MANAGEMENT _ _RVICES - METROLINK PARKING STRL AT SANTA FE DEPOT i S ION 30. WAIVER. Waiver by any party to this AGREEMENT of any term, condition, or covenant of this A E'EMENT shall not constitute a waiver of any other term, condition, or covenant. ai eIr by any party of any default of the provisions of this AGREEMENT shall not constitute a w iver of any other provision, nor a waiver of any subsequent default or violation of any pro ion of this AGREEMENT. Acceptance by AGENCY of any work or services by C S'ULTANT shall not constitute a waiver of any of the provisions of this AGREEMENT. S !ION 31. LAW TO GOVERN; VENUE. Ii This AGREEMENT shall be interpreted, construed and governed according to the la vv,, of the State of California. In the event of litigation between the parties, venue in state tri I courts shall lie exclusively in the County of San Bernardino. i S T'ION 32. ATTORNEYS FEES, COSTS AND EXPENSES. In the event litigation or other proceeding is required to enforce or interpret any p o lion of this AGREEMENT, the prevailing party in such litigation or other proceeding s a be entitled to an award of reasonable attorney's fees, costs and expenses,. in addition t other relief to which it may be entitled. The costs, salaries and expenses of the City . � Y P Y A ney and members of his office shall be considered as attorney's fees for the purposes o t s, section of the Agreement. S I rt ON 33. ENTIRE AGREEMENT. This AGREEMENT, including the attachments listed, is the entire, complete, final and e c Live expression of the parties with respect to the matters addressed therein and s p rpedes all other agreements or understandings, whether oral or written, or entered into b een CONSULTANT and AGENCY prior to the execution of this AGREEMENT. No stat Ments, representations or other agreements, whether oral or written, made by any party hi Jh! are not embodied herein shall be valid and binding. No amendment to this G i,EEMENT shall be valid and binding unless in writing duly executed by the parties or the i,i uthorized representatives. SEI T10 N 4. S ERAB LITY. 3 E V If any term, condition or covenant of this AGREEMENT is declared or determined by a y Court of competent jurisdiction to be invalid, void or unenforceable, the remaining p o '.,isions of this AGREEMENT shall not be affected thereby and the AGREEMENT shall be r a I and construed without the invalid, void or unenforceable provisions. L, AGI E�MENT Page 14 1 1 PROGRAM MANAGEMENT SERVICES -METROLINK PARKING STRUL-WRE AT SANTA FE DEPOT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. CONSULTANT Date: by: Signature Print Name/Tat�le CITY OF SAN BERNARDINO Date: // U U 6- by: Jy6AjfValles, Mayor ity f San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman, City Attorney B?ACHIVIENTS: A ATTACHMENT 1: SCOPE OF WORK ATTACHMENT 2: FEE ATTACHMENT 3: SCHEDULE AGREEMENT Page 15 Pao RAM MANAGEMENT ' —RVICES - METROLINK PARKING STRUL,URE AT SANTA FE DEPOT ATTACHMENT 1 : SCOPE OF WORK Th ope of services for this project is to provide program management, including, but not lim to to: • Preparation of all necessary funding documents for the obligation and authorization of the use of federal funds, and coordination with required agencies to obtain such approvals/authorizations. • Preparation of an RFP to solicit proposals from parking structure design architects. ■ ', Assistance to the City in the selection process of the design architect. • IUlanagement of design consultant. • 'i technical review of the design plans, including acting as an extension of City I ilding Department, building plan check and approval for compliance with the ;applicable codes. Quality control plan check. • slue engineering. • j Review of cost estimates. • j Budget and funding control to make sure the project is completed within available budget with all aspects. • Preparation of necessary documentation and submittals to obtain necessary approvals, including environmental (assumed to be a negative declaration without !requiring any studies), PE, Authorization to Advertise, Authorization to Award, Authorization to Proceed with Construction and Final Report as required on ''Federally Funded Projects. ■ Enforcement of federal fund requirements. ■ ''Construction management. ■' Contract administration. ■,' Specialty Inspections. Acting as an extension of Building Department, provide necessary building code inspection. T e ;Ic!Ilowing is anticipated tasks that Transtech will provide for various project phases. Federal Fund Obligation and Project Authorization: Preparation of all - necessary funding documents for the obligation and authorization of the use of federal funds, and coordination with required agencies to obtain such approvals/authorizations. I. Selection of Design Architect: • Preparation of an RFP to solicit proposals from parking structure design architects. N Assistance to the Cityin the selection process of the design architect. P 9 I ' III PS&E: • Oversight and management of design architect. • Management of design consultant. Design plans and technical specifications to be provided by the design architect. Technical review of the design plans, including acting as an extension of City HMENT 1-SCOPE OF WORK Page 1 II PROGRAM MANAGEMENT b...RVICES - METROLINK PARKING STRUT,.ORE AT SANTA FE DEPOT Building Department, building plan check and approval for compliance with the applicable codes. • Quality control plan check. • Value engineering. • Review of cost estimates. • Budget and funding control to make sure the project is completed within available budget with all aspects. • Preparation of administrative section of bid specifications in compliance with federal fund requirements. • Preparation of all necessary paper work, including environmental clearances, federal approval of bid package and approvals of all involved regulatory agencies to produce a complete PS&E bid package for construction bidding. • Compilation of complete bid packages. ■ Conducting a "Constructability Review" of the plans. • Assume the responsibility for the plan check of the plans as an extension of the City's Building Department. The building plan check will be performed by experienced certified plans examiners. ■ During the PS&E phase, hold progress meetings with the City staff, and prepare and make presentations to the City Council on the project as necessary and as requested by the City. IV. Bidding and Advertisement: • Advertising the project for bids. • Conducting pre-bid meetings. • Responding to bidder's questions. • Preparing and distributing addenda. • Conducting bid evaluation and analysis. • Recommending award of contract to lowest responsible and qualified bidder for construction. ■ Coordinating the award and execution of the contract between the City and a contractor. • Preparing necessary documentation and submittals to obtain federal approval to award contract and to proceed with construction. V. Construction: • Providing on-site Construction Manager and Quality Control Inspectors to manage all aspects of the construction. ■ Providing building code required inspections. Transtech will be responsible for the building code required inspections as an extension of the City's Building Department. The building inspections will be performed by experienced licensed building inspectors. • Providing specialty inspections and testing as required by the Building Code. Transtech will retain qualified sub-consultants for specialty inspections and testing after the PS&E is completed, after which the extent of specialty inspection work will be finalized. The specialty inspections and testing will be performed by experienced licensed persons/labs. ATTACHMENT 1-SCOPE OF WORK Page 2 PRO RAM MANAGEMENT S_.<VICES• METROLINK PARKING STRUL ARE AT SANTA FE DEPOT in Maintaining safety. Federal, State and Local laws have established occupational safety and health standards with which all employers must comply. I;I- Coordinating performance of required tests. We will use California and/or the American Society for Testing and Materials (ASTM) as applicable. Delivering a final completed project to the City which is in compliance with PS&E package, and all applicable codes, standards and requirements in'Ii Conducting construction progress meetings with the contractor, City, and other involved parties. Preparation and distribution of meeting minutes. ■''' Preparing and distributing all required notices, and responding to complaints and P 9 9 q P 9 resolving problems as necessary. Developing a master construction schedule, and monitoring and updating I construction schedule. Reviewing contractor change order requests, and preparing necessary documentation for submittal and approval or denial by the City. Reviewing contractor pay requests and preparing necessary documentation for submittal and approval by the City. Managing all construction activities and project controls. Conducting project walk-through(s) and preparing punch list(s). �i Maintaining proper project files and documentation. The project file will contain all data pertinent to the work and to the requirements of the specifications. The file will be complete, available at a single -location, and organized and maintained in a manner that permits inspection by City and/or any other funding agency personnel during process reviews or random checks. Coordinating close out of the project, obtain necessary operation manuals, l� warranties, guarantees and other applicable necessary information. �I Presenting to the City a complete project close out file. Preparation of Final Project report as_required by federally funded projects. 1. l' Federal Fund Management: Transtech will be responsible for management, coordination, preparation of j necessary paperwork and reports for approvals, and all aspects of federally funded project requirements in compliance with federal requirements. f III A GHMENT 1-SCOPE OF WORK Page 3 PROGRAM MANAGEMENT SERVICES -METROLINK PARKING STRUCTURE AT SANTA FE DEPOT ATTACHMENT 2 : FEE ESTIMATED LABOR BREAKDOWN City of San Bernardino Mr. Mark Lancaster,City Engineer 300 Notch D street San Bernardino, CA 92418-5155 ` City of San Bernardino Project: Program Management Services-Metrolink Parking Structure Resolution number."— CML-5033(39) P.O P. 999535 Consultant: Transtech Engineers,Inc. Trantech Job number: 25208 DIRECT LABOR Classification Hours Pay Rate Total A.CAYIR 630.0 $70.00 $44,100. R.QUINTERO 500.0 $50.00 $25,000. A.PAGANI 1,200.0 $50.00 $60,000. INSPECTOR 1 600.01 $30.00 $18,000.000 CADD 400.01 $30.00 $12,000.0 ADMIN 500.01 $20.00 $10,000. Subtotal Direct Labor Costs $169,100.0 Total Overhead(Fringe,Indirect Overhead and General and 130.00% $219,830.0 Administrative)(Rate approved per pre-award audit report) FEE(Profit) 10% $38,893.001 REIMBURSABLE COSTS(listed below) $0.0 CA OVERNIGHT $0.00 BLUEPRINTS $0.00 $0.00Mism _ SUBCONTRACTOR COSTS (listed below) $0.0 $0.00 $0.00 $0.00 TOTAL COST (NOT TO EXCEED FEE) $427 823.00 ATTACHMENT 2-FEE PAGE 2 Page 1 I PRO RAM MANAGEMENT L—RVICES - METROLINK PARKING STRUM.JRE AT SANTA FE DEPOT ATTACHMENT 3: SCHEDULE Th roject is estimated to be completed within 36 months. The following is estimated ma•o 1,task durations: TIME IN MONTHS TA 1 2 3 1 4 5 6 7 8 9 110111112 13 14 15116 17 18 Cit 's ' 6thorization to P r c d' Ar hi III�{It Selection Pr oe es s I I' P & 'reparation I � Au h ! ation from Caltrans for P 8�',E Certification and A ve i 'ement A ve isement for C n rUction Bids Bi view, Award, A th 'riation from Caltrans to pr Oed w/Construction P - nstruction Prep by C nt rwtor CONSTRUCTION �I �I I,V CHMENT 3-SCHEDULE Page 1 - EXH11314* "B" REQUEST FOR STATEMENT OF QUALIFICATIONS/TECHNICAL PROPOSALS REQUEST FOR STATEMENT OF QUALIFICATIONS AND TECHNICAL PROPOSALS TO PROVIDE PROGRAM MANAGEMENT, INCLUDING, MANAGEMENT OF DESIGN CONSULTANT, REVIEW OF PLANS, ENFORCEMENT OF FEDERAL AND STATE REQUIREMENTS, FUND MANAGEMENT, CONSTRUCTION MANAGEMENT, CONTRACT ADMINISTRATION FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEPOT LOCATED AT 1170 W. THIRD STREET IN THE CITY OF SAN BERNARDINO. ISSUED BY: CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT JUNE 13, 2005 • R�Q ST FOR STATEMENT OF QUI CATIONS AND TECHNICAL PROPOSALS TO P OVIDE PROGRAM MANAGEMEN i SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEP LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO TABLE OF CONTENTS I �I S T1ION 1 'IIINTRODUCTION 2 j ,SCOPE OF WORK 3 iIFEE PROPOSAL SUBMITTAL 4 IIPROJECT SCHEDULE 5 DISADVANTAGED BUSINESS ENTERPRISE (DBE) PARTICIPATION (REQUIREMENT 6 ,KEY PERSONNEL 7 l0ENERAL TERMS AND CONDITIONS 8 INSURANCE REQUIREMENTS 9 'CONSULTANT SELECTION METHODOLOGY 1 CONTRACT TYPE, OVERHEAD RATE AND FEE 1 REQUIRED FORMAT FOR RFQ/RFP SUBMITTAL 1 '(QUESTIONS REGARDING THIS REQUEST 1 'PROPOSAL SUBMITTAL PROTOCOL i (PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFQ/RFP PREPARATION EXI,41BIT 1 - CITY OF SAN BERNARDINO SAMPLE CONTRACT �I yl i REQUEST FOR STATEMENT OF OUALOCATIONS AND TECHNICAL PROPOSALS - TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEPOT LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO 1. INTRODUCTION The City of San Bernardino is soliciting Statement of Qualifications and Technical Proposals (hereinafter referred to as RFQ/RFP) from qualified firms to provide program management Services for a parking structure for Metrolink station at the Santa Fe Depot located at 1170 W. Third Street in the City of San Bernardino. The proposed parking structure is part of the overall Santa Fe Depot District Area Development Plan. Federal funds in the amount of $6,000,000 have been secured for the project. The proposed parking structure will be located at the north-east comer of Mt. Vemon Avenue and 2"d Street, and is proposed to approximately 300 parking spaces: iqz r i� J �,x N.I.Stt jo PROJECT LOCATION _.- �� " -- Vrion Pacific .•- I# e z Broadway Ave W 3rd St t '' 7� Z• � - �'� h1ain St W 2nd St +1N 2nd 2nd i Z ;U W K:n g St a CL (D .y co YJ Riatto Ave n_ a Z W A� 2. SCOPE OF WORK The scope of services for this project is to provide program management, including, but not limited to: ■ Preparation of all necessary funding documents for the obligation and authorization of the use of federal funds, and coordination with required agencies to obtain such approvals/authorizations. The Request for Authorization for Preliminary Engineering has been submitted to Caltrans by City staff. ■ Preparation of an RFP to solicit proposals from parking structure design -2 . REQUEST FOR STATEMENT OF OUALIt,.,ATIONS AND TECHNICAL PROPOSALS TO',PR WIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEPO LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO architects. •' Assistance to the City in the selection process of the design architect. ■ II :Management of design consultant. • (Technical review of the design plans, including acting as an extension of City Ji Building Department, building plan check and approval for compliance with the applicable codes. ■ Quality control plan check. ■ Value engineering. • !I Review of cost estimates. • (Budget and funding control to make sure the project is completed within available budget with all aspects. ■ preparation of necessary documentation and submittals to obtain necessary approvals, including environmental, PE, Authorization to Advertise, Authorization o Award, Authorization to Proceed with Construction and Final Report as kequired on Federally Funded Projects. ■ 5-nforcement of federal fund requirements. ■ Construction management. ■ Contract administration. • I, Specialty Inspections. ■ !I ,Acting as an extension of Building Department, necessary building code inspection. The llowing is anticipated tasks for various project phases. h 1 Federal Fund Obligation and Project-Authorization: Preparation of all necessary funding documents for the obligation and authorization of the use of federal funds, and coordination with required agencies to obtain such approvals/authorizations. 11 $election of Design Architect: 4!, Preparation of -an RFP to solicit proposals from parking structure design architects. • Assistance to the City.in the selection process of the design architect. III PSBE: • Oversight and management of design architect. •i Management of design consultant. Design plans and technical specifications j to be provided by the design architect. •',! Technical review of the design plans, including acting as an extension of City Building Department, building plan check and approval for compliance with the applicable codes. •'' Quality control plan check. Value engineering. ■ Review of cost estimates. '• Budget and funding control to make sure the project is completed within available budget with all aspects. REQUEST FOR STATEMENT OF QUALIrn;AT1oNS AND TECHNICAL PROPOSALS TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEPOT LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO • Preparation of administrative section of bid specifications in compliance with federal fund requirements. ■ Preparation of all necessary paper work, including environmental clearances, federal approval of bid package and approvals of all involved regulatory agencies to produce a complete PS&E bid package for construction bidding. ■ Compilation of complete bid packages. ■ Conducting a "Constructability Review" of the plans. ■ The consultant shall be responsible for the plan check of the plans as an extension of the City's Building Department. The building plan check shall be performed by experienced certified plans examiners, who are not employed by the architectural consultant that will design the building. ■ During the PS&E phase the consultant shall hold monthly progress meetings with the City staff, and prepare and make at least 2 presentations to the City Council on the project. The consultant shall also prepare Council staff report and present to the City Council the completed PS&E Bid package and request to advertise for construction bids. IV. Bidding and Advertisement: ■ Advertising the project for bids. ■ Conducting pre-bid meetings. ■ Responding to bidder's questions. ■ Preparing and distributing addenda. • Conducting bid evaluation and analysis. • Recommending award of contract to lowest responsive bidder. • Preparing Council staff report .-and presenting to the City Council the recommended lowest responsible and qualified bidder for the construction. • Coordinating the award and execution of the contract between the City and a contractor. ■ Preparing necessary documentation and submittals to obtain federal approval to award contract and to proceed with construction. V. Construction (a 12 month field construction period shall be assumed): • Providing on-site Construction Manager and Quality Control Inspectors to manage all aspects of the construction. ■ Providing building code - required inspections. The consultant shall be responsible for the building code required inspections as an extension of the City's Building Department. The building inspections shall be performed by experienced licensed building inspectors. ■ Providing specialty inspections and testing as required by the Building Code. The consultant shall be responsible for all specialty inspections and testing. The specialty inspections and testing shall be performed by experienced licensed persons/labs. • Delivering a final completed project to the City which is in compliance with PS&E package, and all applicable codes, standards and requirements • Conducting a weekly construction meeting with the contractor, City, and other involved parties. Preparation and distribution of meeting minutes. -4- RE OEST FOR STATEMENT OF QU.,_.iICATIONS AND TECHNICAL PROPOSALS TO ROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE PEF I OT LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO • Preparing and distributing all required notices, and responding to complaints and resolving problems as necessary. • Developing a master construction schedule, and monitoring and updating construction schedule. • Reviewing contractor change order requests, and preparing necessary documentation for submittal and approval or denial do PP b City. Y the • Reviewingcontractor a requests and preparing necessarydocumentation pay 4 P P 9 for submittal and approval by the City. ■ Managing all construction activities and project controls. • Managing contract cost accounting system. 'i ■ Conducting project walk-through(s) and preparing punch list(s). ■ Ensuring the project is implemented per the approved set of plans, and E s p p pp 9 J P � preparing as-built drawings at the completion f construction. Maintaining P Per ro project files and documentation. P roJ Coordinatingclose out of the project, obtain necessaryoperation manuals, P J P warranties, guarantees and other applicable necessary information. • Presenting to the City a complete project close out file. ■ Preparation of Final Project report as required b federal) funded projects. Prep J P 4 Y Y P J ICI Federal Fund Management: ■ The consultant shall be responsible for management, coordination, preparation of necessary paperwork and reports for approvals, and all aspects of federally funded project requirements in compliance with federal requirements. I ummary, the consultant shall be responsible for all aspects of the project and e Ilv'er a complete project to the City within available budget and required time c "edule. The Program Management consultant shall account for any and all e i'ces, costs and expenditures to complete the project (except the design e Vices, for which an architect will be hired). The City will not accept any change r ' requests from-the Program Management consultant for increased scope n /vr claims that a service/cost was not part of the scope. -5 - I, REQUEST FOR STATEMENT OF OUAUrICATIONS AND TECHNICAL PROPOSALS TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEPOT LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO 3. FEE PROPOSAL SUBMITTAL The Fee Proposal shall be submitted in a separate sealed envelope. The fee shall be broken in major project components as shown below. For each component, the consultant shal provide a breakdown of tasks, staff and hours in detail. Project Major Phase Tasks and Costs Phase Phases I Costs I. Federal Fund Obligation and Project Authorization $ II. Selection of Design Architect $ III. PS&E S IV. Bidding and Advertisement V. Construction (assume U month construction period) $ VI. Federal Fund Management $ Overall Project Management and Administration $ Any and all other services and expenditures (including direct reimbursables) not listed specifically above but would be necessary to provide complete Program $ Management services as necessary: Grand Total Program Management Consulting Fee (The total fee shall include costs and expenditures for any and all services to complete the project. The City will not accept any change order requests from the Program Management $ consultant for increased scope and/or claims that a servicelcost was not part of the scope.) 4. PROJECT SCHEDULE Task Date Begin advertisement for RFQ/RFP June 13, 2005 RFQ/RFP are due at the City July 11, 2005 Selection of shortlisted consultants August 2005 Interview of short listed consultants August 2005 Selection of most qualified consultant July/August 2005 Pre-award Audit of Consultant August/September 2005 Award of contract to selected consultant August/ e tember 2005 Notice to Proceed August/September 2005 -6 . Y RECIL EST FOR STATEMENT OF OUAbr sCATIONS AND TECHNICAL PROPOSALS TOP IOVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEPC t LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO 5. DISADVANTAGED BUSINESS ENTERPRISE (DBE) PROGRAM PARTICIPATION REQUIREMENT Tt e City of San Bernardino is committed to fulfilling the spirit and intent of the D' z JVantaged Business Enterprise (DBE) Program regulations published under Title 4 R Part 26; Participation by Disadvantaged Business Enterprises in Department of T portation Programs. It is the policy of the City of San Bernardino to ensure that di a vantaged business enterprises have equitable access to participate in all federally fu d Cl projects. Further, it is the policy of the City of San Bernardino to promote equal o p uunity and nondiscrimination on the basis of race, color, sex, or national origin in tho ward and/or performance of any federally funded , or in the administration of its DIE program or the requirements of 49 CFR Part 26. The 3i,iy of San Bernardino has established a goal of 5% for DBE participation on this pr c rement. As it is recognized that DBE participation cannot be accurately dete ' ined until the scope has been finalized and the contracting parties have conc died negotiations, the award of the contract will be conditional upon the firm's ab lit to meet the established DBE participation goals at the conclusion of contract ne iations. If, after the conclusion of negotiations, the firm is unable to meet the DBE pa li, ipation goal, or provide a showing of Good Faith Efforts to do so, the negotiations wil terminated and the City will seek a contract with the next qualified firm. 6. KEY PERSONNEL It s mperative that the key personnel providing the consulting services have the be k ''round, experience, and qualifications to complete the project. The City reserves thE ri' lit to approve all key personnel individually for work on this contract. All key staff shall be named in the contract. After the contract is signed, the proposer may not re la e, key staff unless their employment is terminated or agreed upon by the City. Theity must approve replacement staff before a substitute person is assigned to the Pr je t', The City reserves the right to request that the proposer replace a staff person as ig ed to the contract should the City consider such a replacement to be-for the good Of t 'project. 7. GENERAL TERMS AND CONDITIONS Exhibi 11 contains a copy of the anticipated contract the selected consultant will be req iii pd to sign for this project. Each prospective consultant is expected to review the gee I terms and conditions and acknowledge their acceptance of Exhibit 1 (or their obj c q'�'�,ons to specific parts of Exhibit 1) as a mechanism to expedite the contract ne of letion process. iI IIII _7 . REQUEST FOR STATEMENT OF QUALiriCATIONS AND TECHNICAL PROPOSALS TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEPOT LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO 8. INSURANCE REQUIREMENTS The Consultant will be required to maintain in force at all times during the performance of their work the following policy or policies of insurance covering its operations: a. Comprehensive General Liability, including contractual liability, products and completed operations and business automobile liability, all of which will include coverage for both bodily injury and property damage with a combined single limit of 2,000,000. The City shall be named as "additional insured" on all policies required to be furnished. b. Professional liability coverage with limits not less than 2,000,000 per occurrence and $4,000,000 aggregate. C. Workers' Compensation coverage at'statutory limits. d. The consultant shall assume liability for the wrongful or negligent acts, errors and omissions of its officers, agents and employees and subcontractors, and have adequate insurance to cover such negligent acts, errors and omissions with limits of 2,000,000 dollars. 9. CONSULTANT SELECTION METHODOLOGY Upon receipt of Proposals, City's consultant selection committee will rank the responding consultants and develop a short.. list of qualified consultants to invite for interviews. The final ranking of consultants will be based on the interviews. The City will negotiate final scope and fee with the most qualified consultant. The proposals will be evaluated based upon several factors. These factors include the format, organization, and presentation of the proposal, the qualification and experience of the project staff, and the experience in the processes and procedures of the involved regulations. The following is the process that will be used for consultant selection: RECEIVE/EVALUATE STATEMENTS OF QUALIFICATIONS AND DEVELOP SHORT LIST As a first step in the evaluation process, it will be determined that each proposal contains all forms and other information required by the RFQ. Submittals may be considered non-responsive if all required information is not provided and rejected without evaluation. Late submittals, submittals to the wrong location and submittals with inadequate copies are considered non-responsive and will be rejected. Submittal of additional information after the due date will not be allowed. The Consultant Selection Committee will review the submitted Statements of Qualifications according to the published evaluation criteria and weighting factors. The committee will make an independent random check of one or more of the consultant's references. This check will also apply to major subconsultants. The committee will establish a short list of consultants which are determined to be best qualified to perform the contract work. The short list will include enough qualified consultants to ensure that at least -8 - REO ST FOR STATEMENT OF QUh_ CATIONS AND TECHNICAL PROPOSALS TO.P 'IIOVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEP LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO th'a consultants are interviewed. T e ollowing Criteria will be used for Written Proposal Evaluation: 11.;!Familiarity with Federally Funded Project Process. 20 Points 2. 'J xperience in working as an extension of City staff and providing tum-key 20 Points services in the capacity of Consultant City Engineer with minimal direction from City staff. 31 j cal knowledge, familiarity and prior experience with involved agencies. 20 Points 4. ikoferences and performance records on similar projects and/or undertakings, 20 Points with emphasis on project cost and schedule control. 5.,Completeness of the Proposal and compliance with the required format. 20 Points T l possible score 100 Points E c ',"Member will then rank the consultants by their respective "proposal score." The selection panel will n t1e to discuss and evaluate scoring, and to select a short list of the top-ranked consultant teams b s upon the rankings(not scores)of the proposing firms. N FIY CONSULTANTS OF SHORT LIST I I n1sultants that submitted a Statement of Qualifications will be notified of the results of the review. T ejtification will identify only those consultants that are to be requested to attend an interview. I T RVIEW TOP-RANKED CONSULTANTS h listed firms will be invited to respond to questions about their proposals at an oral interview. re gters will be expected to participate in the interview to a degree commensurate with their role in the fi m proposal. Notification to the short-listed firms will include a time limit for their presentation after hi ',:the selection panel will evaluate each presentation using a 100-point scale and the following e a ation criteria to calculate an"oral-interview score"for each short-listed firm. h allowing Criteria will be used for Oral Presentation Evaluation: 1 ! Demonstration of Project Manager's knowledge in Federally. Funded Project 20 Points '� ''Process. 2 experience of Project Manager functioning as extension of City staff. 20 Points 3 demonstration of Project Manager's local knowledge, familiarity and prior 20 Points experience with involved agencies. 4 !,Project Manager's experience in managing similar projects and oral 20 Points ,communication and interpersonal skills. leam's responses to interview questions. 20 Points tol possible score 100 Points E ELOP FINAL RANKING AND-NOTIFY CONSULTANTS OF RESULTS ft the oral interviews are complete, each selection panel member will rank the consultants by their r s Ctive "oral-interview score" (scores and rankings from the written evaluations are not considered). h ;'selection panel will determine the highest qualified firm based on the rankings (not scores) of the oral i tE iews. The Department Director will submit the recommendation of the selection panel to the City o Oil for approval. III REQUEST FOR STATEMENT OF QUALi,..:ATIONS AND TECHNICAL PROPOSALS TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEPOT LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO 10. CONTRACT TYPE, OVERHEAD RATE AND FEE The Fee for this contract will be based on an hourly rate (which include overhead and a fee limited to 10%) with a not-to-exceed target for each task subject -to an overall contract cap. Eligible Reimbursable and Subconsultant costs will be reimbursed at cost without markup. Proof of the prime consultant's audited overhead rate and its contents must be provided during the contract negotiation period. A pre-award audit as required on Federally Funded Projects will be conducted prior to contract award. Proof of overhead rate, or an accepted provisional rate for the prime, would be required in addition to compliance with Generally Accepted Accounting Principles (GAAP), all applicable provisions of federal, state, and local laws, statues, ordinances, rules, regulations, and procedural requirements including Federal Acquisition Regulations (FAR). Any contract resulting from this RFQ/RFP will be awarded to a firm whose Technical Proposal and Statement of Qualifications meet the technical requirements of the RFP and is evaluated as one of the three highest ranked proposals. Proposals will be ranked in accordance with the evaluation criteria stated in this RFQ/RFP. Negotiations regarding a fair and reasonable price will occur subsequent to consultant selection. Should the City be unable to obtain a fair and reasonable price through negotiations with the highest qualified proposer, the City shall enter into negotiations with the next highest qualified proposer and may award that contract if the parties are able to arrive at a fair and reasonable price. If that is unattainable, the City shall enter into negotiations with the next highest qualified proposer in sequence until an agreement is reached. 11. REQUIRED FORMAT FOR RFQ/RFP SUBMITTAL The Technical Proposal and Statement of Qualifications, not including the Appendices, shall not exceed 60 pages in length, utilizing 8.5" x 11" pages with one-inch margins. Font size shall be not smaller than 12 point for text and a minimum of 8 point for graphics. Dividers used to separate sections would not be counted as part of the 60 page limit. _ Please submit your proposal in the-format specified below: Cover Letter This should be a summary emphasizing the strong points of the project team and the firm's experience. It should be brief (three pages maximum) and include the name, address, telephone number, title, and signature of the firm's contact person for this procurement. The signatory shall be a person with the official authority to bind .the company. The cover letter shall state that the submittal is valid for 120 days, and shall contain an acknowledgment of receipt of all amendments and/or addenda to the RFQ/RFP. - 10 - REQ 'EST FOR STATEMENT OF QUALiriCATIONS AND TECHNICAL PROPOSALS TO P 'OVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE D PCt LOCATED AT 1170 W.THIRD STREET IN THE CITY OF SAN BERNARDINO Table of Contents 11 Include contents of proposal. Sec iQn 1: Approach and Scope of Work Provide your understanding of the project, approach, quality control, value l'��'I engineering and scope of work. S c on 2: Project Team, Key Personnel and Resumes Provide an organization chart showing the names and responsibilities of key personnel. " Provide resumes of all key personnel identified in the organization chart. Sec Ion 3: Relevant Experience and References Provide minimum 3 maximum 5 public agency references for similar projects. lI Provide a brief summary of each referenced project, your firm's role and responsibilities, start and completion date of your services, engineer's estimate, l and final construction cost. If your services were not completed within the ,approved schedule and/or the final construction cost was different than the !engineer's estimate, explain the reasons. Sec on 4: Firm's Qualifications and Experience Provide a summary of firm's service capabilities, qualifications and experience. 'QUESTIONS REGARDING THIS 1 QUES REQUEST Al ir uiries and responses to this RFQ/RFP must be submitted in writing to: I,Mr. Michael W. Grubbs, Engineering Manager/Field Engineer Development Services Department ,,City Hall, 3`d Floor _ City of San Bernardino !300 North D Street San Bernardino, CA 92418 it 11 - 11 REQUEST FOR STATEMENT OF QUALir►CATIONS AND TECHNICAL PROPOSALS TO PROVIDE PROGRAM MANAGEMENT SERVICES FOR A PARKING STRUCTURE FOR METROLINK STATION AT THE SANTA FE DEPOT LOCATED AT 11 n W.THIRD STREET IN THE CITY OF SAN BERNARDINO 13. PROPOSAL SUBMITTAL PROTOCOL In order to be considered in the selection process, interested parties shall submit ten (10) copies of their Statement of Qualifications and Technical Proposals no later than 4:00 PM, July 11, 2005 to: Mr. Michael W. Grubbs, P. E. Engineering Manager/Field Engineer Development Services Department City Hall, 3rd Floor City of San Bernardino 300 North D Street San Bernardino, CA 92418 Late proposals will not be accepted. 14. PRE-CONTRACTUAL EXPENSES IN RESPONDING TO THE RFQ/RFP PREPARATION The City of San Bernardino shall not be liable for any pre-contractual expenses incurred by any proposer or by any selected consultant. Each proposer shall protect, defend, indemnify, and hold harmless the City of San Bernardino from any and all liability, claims, or expenses whosoever incurred by, or on behalf of, the entity participating in the preparation of its response to this RFQ/RFP. Pre-contractual expenses are defined as expenses incurred by proposers and the.selected consultant, if any, in: ■ Preparing and submitting information in response to this RFQ/RFP • Negotiations with the City of San Bernardino on any matter related to this procurement • Costs associated with interviews, meetings, travel or presentations • All other expenses incurred by a proposer/consultant prior to the date of award and a formal notice to proceed. The City reserves the right to amend, withdraw and cancel this RFQ/RFP. The City reserves the right to reject all responses to this request at any time prior to contract execution. The City reserves the right to request or obtain additional information about any and all proposals. - 12 -