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 City of Hermosa Beach --- 12-12-00
PROJECT NO. CIP 99-144 STRAND BIKEWAY AND PEDESTRIAN
WALKWAY – 24TH STREET TO 35TH STREET - APPROVAL OF
PROFESSIONAL SERVICES
Recommendation: It is recommended that the City Council:
Background: As Council is aware, the construction contract for Project No. CIP 99-144 Strand Bikeway and Pedestrian Walkway – 24th Street to 35th Street was awarded to Los Angeles Engineering, Inc. at the November 14, 2000, meeting. During that meeting, it was noted that the MTA was processing the MOU for Ridesharing Funds in the amount of $106,000; therefore, the funds could not be appropriated at that time. The City first received a letter from MTA on September 5, 2000, officially confirming the approval of the Ridesharing Funds. Staff immediately completed the required documentation, Attachments A, B, and C, and transmitted the documents to MTA on September 7, 2000. On November 22, 2000, the City received the processed MOU from MTA ready for execution. The services of a consultant Construction Manager are needed to supplement the construction management and inspection capacity of the Public Works Department. On November 27, 2000, the City of Hermosa Beach Public Works Department received five proposals for the performance of construction management services for Project No. CIP 99-144 Strand Bikeway and Pedestrian Walkway – 24th Street to 35th Street. The responding project teams were as follows:
Analysis: Staff evaluated each proposal on the basis of the scope of services, similar projects, and resumes of key personnel. The following teams were invited to meet with Staff for oral interviews.
After evaluating the proposal data, the consulting firm of Berryman & Henigar was selected as the best qualified to provide the required services for a fee of $31,200. Please see the attached Professional Services Agreement Exhibit A – Scope of Work. The execution of the MOU and appropriation of $106,000 from Ridesharing Funds is necessary to increase the project budget to $616,425 in order to accommodate the construction contract with Los Angeles Engineering, Inc., and the proposed PSA with Berryman & Henigar including contingencies.
Fiscal Impact: The project funding sources are as follows:
With a construction contract of $500,001.90 plus $50,000 contingency and a proposed construction management PSA of $31,200 plus $3,120 contingency, the budget totals approximately $584,322. Therefore, the proposed allocation in the amount of $106,000 is needed to accommodate the PSA and both contingencies.
PROFESSIONAL SERVICES AGREEMENT PROJECT NO. CIP 99-144 STRAND BIKEWAY AND
PEDESTRIAN
THIS AGREEMENT, made and entered into this 12th day of December, 2000, at Hermosa Beach, County of Los Angeles, State of California, by and between the CITY OF HERMOSA BEACH, through its duly elected, qualified and acting MAYOR, hereinafter called the CITY, and Berryman & Henigar, hereinafter called the CONSULTANT. WITNESSETH: That the CONSULTANT for and in consideration of the covenants, conditions, agreements, and stipulations of the CITY herein expressed, does hereby agree to furnish to the CITY professional services and materials, as follows:
ARTICLE I - Scope of Work CONSULTANT shall perform all work necessary to complete, in a manner satisfactory to CITY, the services set forth in the plans and specifications or the scope of work attached as Exhibit "A".
ARTICLE II - Costs The CITY agrees to pay CONSULTANT for all the work or any part of the work performed under this Agreement at the rates and in the manner established in the attached Bid Proposal.
Any increase in contract amount or scope shall be by express written amendment approved by the CITY and CONSULTANT. The CONSULTANT will be reimbursed for costs incurred in the performance hereof as are allowable under the provisions of Part 1-14 of the Federal Procurement Regulations.
ARTICLE III - Method of Payment CONSULTANT shall be reimbursed monthly in arrears based upon the hourly services provided. CONSULTANT shall submit invoices in triplicate and addressed to the CITY, c/o the Finance Department, 1315 Valley Drive, Hermosa Beach, CA 90254-3884.
ARTICLE IV - Subcontracting CONSULTANT shall not be permitted to subcontract any portion of this contract without the express written consent of the CITY.
ARTICLE V - Completion Date CONSULTANT shall commence work under this agreement upon execution of this agreement and shall complete the work according to the schedule submitted as part of Exhibit "A", however, the CITY’s Director of Public Works may extend the completion date as required by the scope of this contract. Any contract time extension shall require the express written consent of the Director of Public Works.
ARTICLE VI - Accounting Records CONSULTANT must maintain accounting records and other evidence pertaining to costs incurred which records and documents shall be kept available at the CONSULTANT’s California office during the contract period and thereafter for three years from the date of final payment of Federal funds hereunder.
ARTICLE VII - Ownership of Data All data, maps, photographs, and other material collected or prepared under the contract shall become the property of the CITY.
ARTICLE VIII - Termination This contract may be terminated at any time for breach and the CITY may terminate unilaterally and without cause upon seven (7) days written notice to the CONSULTANT. All work satisfactorily performed pursuant to the contract and prior to the date of termination may be claimed for reimbursement.
ARTICLE IX - Assignability CONSULTANT shall not assign or transfer interest in this contract without the prior written consent of the CITY.
ARTICLE X - Amendment It is mutually understood and agreed that no alteration or variation of the terms of this contract, or any subcontract requiring the approval of the CITY, shall be valid unless made in writing, signed by the parties hereto, and approved by all necessary parties.
ARTICLE XI - Non-Solicitation Clause The CONSULTANT warrants that he or she has not employed or retained any company or persons, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the CITY shall have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
ARTICLE XII - Equal Opportunity Assurance During the performance of this contract, the CONSULTANT agrees as follows: A. The CONSULTANT will not discriminate against any employee or applicant for employment because of race, sex, creed, color or national origin. The CONSULTANT will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, sex, creed, color or national origin. Such action shall include, but not be limited to the following: employment, upgrading, demotion or transfer; recruitment or recruitment advertising; layoffs or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The CONSULTANT agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. B. The CONSULTANT will, in all solicitations or advertisements for employees placed by or on behalf of the CONSULTANT, state that all qualified applicants will receive consideration for employment without regard to race, sex, creed, color or national origin. C. The CONSULTANT will permit access to their books, records and accounts by the applicant agency, the State, the Federal Highway Administration and/or the National Highway Traffic Safety Administration for purposes of investigation to ascertain compliance with this nondiscrimination clause. D. In the event of the CONSULTANT’s noncompliance with the nondiscrimination clauses of this contract, this contract may be canceled, terminated or suspended in whole or in part.
ARTICLE XIII - Clean Air Act During the performance of this Contract, the CONSULTANT agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act of 1970 (42 U.S.C. 1857 et seq.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.) as amended.
ARTICLE XIV - Indemnity CONSULTANT agrees to indemnify the CITY, its officers, employees and agents against, and will hold and save each of them harmless from, any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of the negligent acts or intentional tortious acts, errors or omissions of CONSULTANT, its agents, employees, subcontractors, or invitees, provided for herein. CONSULTANT will defend any action or actions filed in connection with any of said claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys’ fees incurred in connection herewith. CONSULTANT will promptly pay any judgment rendered against CITY, its officers, agents or employees for any such claims, damages, penalties, obligations or liabilities. In the event CITY, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against CONSULTANT for such damages or other claims arising out of or in connection with the sole negligence of CONSULTANT hereunder, CONSULTANT agrees to pay CITY, its officers, agents, or employees, any and all costs and expenses incurred by CITY, its officers, agents or employees in such action or proceeding, including but not limited to reasonable attorney’s fees.
ARTICLE XV - Insurance A. Without limiting CONSULTANT’S obligations arising under ARTICLE XIV - Indemnity , CONSULTANT shall not begin work under this Agreement until it obtains policies of insurance required under this section. The insurance shall cover CONSULTANT, its agents, representatives and employees in connection with the performance of work under this Agreement, and shall be maintained throughout the term of this Agreement. Insurance coverage shall be as follows:
B. Deductibility Limits for policies referred to in subparagraphs A (i) (ii) and (iii) shall not exceed $5,000 per occurrence. C. Additional Insured . City, its elected and appointed officers, agents, and employees shall be named as additional insureds on policies referred to in subparagraphs A (i) and (ii). D. Primary Insurance . The insurance required in paragraphs A (i) (ii) and (iii) shall be primary and not excess coverage. E. Evidence of Insurance . Consultant shall furnish CITY, prior to the execution of this Agreement, satisfactory evidence of the insurance required, issued by an insurer authorized to do business in California, and an endorsement to each such policy of insurance evidencing that each carrier is required to give CITY at least 30 days prior written notice of the cancellation of any policy during the effective period of the Agreement. All required insurance policies are subject to approval of the City Attorney. Failure on the part of CONSULTANT to procure or maintain said insurance in full force and effect shall constitute a material breach of this Agreement or procure or renew such insurance, and pay any premiums therefor at CONSULTANT’S expense.
ARTICLE XVI - Enforcement of Agreement In the event that legal action is commenced to enforce or declare the rights created under this Agreement, the prevailing party shall be entitled to an award of costs and reasonable attorney’s fees in the amount to be determined by the court.
ARTICLE XVII - Conflicts of Interest No member of the governing body of the CITY and no other officer, employee, or agent of the CITY who exercises any functions or responsibilities in connection with the planning and carrying out of the program, shall have any personal financial interest, direct or indirect, in this Agreement; and the CONSULTANT further covenants that in the performance of this Agreement, no person having any such interest shall be employed.
ARTICLE XVIII - Independent CONSULTANT The CONSULTANT is and shall at all times remain as to the CITY a wholly independent consultant. Neither the CITY nor any of its agents shall have control over the conduct of the CONSULTANT or any of the CONSULTANT’s employees, except as herein set forth. The CONSULTANT shall not at any time or in any manner represent that it or any of its agents or employees are in any manner agents or employees of the CITY.
ARTICLE XIX - Entire Agreement of the Parties This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the employment of CONSULTANT by CITY and contains all the covenants and agreements between the parties with respect such employment in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and CONSULTANT.
ARTICLE XX - Governing Law This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal statutes and regulations as amended.
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