HomeMy WebLinkAbout1999-046
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RESOLUTION NO. 1999-46
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
MAYOR TO EXECUTE AN AGREEMENT WITH PARSONS BRINCKERHOFF
QUADE & DOUGLAS, INC. FOR PROFESSIONAL ENGINEERING AND DESIGN
SERVICES FOR REPLACEMENT OF MOUNT VERNON A VENUE VIADUCT OVER
BNSF RAILROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION I. THAT THE MAYOR is authorized to execute the agreement with
Parsons Brinckerhoff Quade & Douglas, Inc. for Professional Engineering and Design Services
for Replacement of Mount Vernon Avenue viaduct over the BNSF Railroad Yard. A contract
is entered into with said firm for the total amount of $935,370, but such agreement shall be
effective only upon being fully executed by both parties. The Mayor is hereby authorized and
directed to execute said agreement on behalf of the City; a copy of the agreement and proposal
is on file in the office of the City Clerk and incorporated herein by reference as fully as though
set forth at length.
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19 take effect or become operative until fully signed and executed by the parties and no party shall
SECTION 2. This agreement and any amendment or modifications thereto shall not
20 be obligated hereunder until the time of such full execution. No oral agreements, amendments,
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modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of the passage of the resolution.
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Res 1999-46
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RESOLUTION...AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT
WITH PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. FOR PROFESSIONAL
ENGINEERING AND DESIGN SERVICES FOR REPLACEMENT OF MOUNT VERNON
A VENUE VIADUCT OVER BNSF RAILROAD.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
Common Council of the City of San BernJafA'J at l1gulafueeting thereof, held on the 15 day
of Karc~ 1999, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
x
ESTRADA
LIEN
x
MC GINNIS
-X-
SCHNETZ
---X.....
DEVLIN
x
ANDERSON
-X-
MILLER
---X.....
(2~IJ, ~
City \clerk
The foregoing ordinance is hereby approved this \ ') ttu day
of Karch ,1999.
)U1W'r )}}~I&J
Norine Miller, Mayor Pro Tempore
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
Bf- l ~-..
ORIGINAL
Res 1999-46
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this ~ day of April , 1999, by and between the
CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY"
and Parsons Brinckerhoff Quade & Douglas. Inc., a New York corporation, hereinafter referred to as
"ENGINEER" .
WITNESSETH
WHEREAS, City desires to obtain professional services to prepare environmental documents, plans,
specifications, estimates and construction documents for the construction of a new bridge over the Burlington
Northern Santa Fe (BNSF) Railroad Yards and;
WHEREAS, in order to develop environmental documents, plans, specifications, estimates and
construction documents, it is necessary to retain the professional services of a qualified engineering and
consulting firm; and
WHEREAS, Engineer is qualified to provide said professional services; and
WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon the
terms and conditions as hereinafter set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of Services" and as contained in the
proposal dated October 23, 1998, and as amended by two letters dated February 22 and 23,
1999, a copy all of which are attached hereto as Exhibits 1,2 and 3 and incorporated as though
set forth in full.
2. TERM OF AGREEMENT
The services of Engineer are to commence within thirty (30) days after the City has authorized
work to start by issuance of a Notice to Proceed. The scheduled completion dates specifically
set forth in pages 4-31 and 32 of Exhibit I attached hereto and incorporated herein as though
set forth in full will be adjusted by Engineer as the City authorizes the work. Such adjustments
shall require City approval prior to commencement of performance of each phase. This
Agreement shall expire as specified by the Exhibit I schedule unless extended by written
agreement of the parties.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work products and design in conformance with Standard
Specifications for Public Works Construction (Green Book), Caltrans Bridge Design
Standards, and the City of San Bernardino's Standard Drawings.
.Res 1999-46
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Services" is made an obligation of
Engineer under this Agreement, subject to any changes made subsequently upon mutual
agreement of the parties. All such changes shall be incorporated by written
amendments to this Agreement and include any increase or decrease in the amount of
compensation due Engineer for the change in scope. Any change, which has not been
so incorporated, shall not be binding on either party.
B. No extra services shall be rendered by Engineer under this Agreement unless City
authorizes such extra services in writing prior to performance of such work.
Authorized extra services shall be invoiced based on Engineer's "Schedule of Hourly
Rates" dated February 23. 1999, a copy of which is attached hereto as Exhibit 3 and
incorporated herein as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Engineer for actual costs (including labor costs, employee
benefits, overhead, profit, other direct and indirect costs) incurred by the Engineer in
performance of the work, in an amount not to exceed $935.370.00. Actual costs shall
not exceed the estimated wage rates and other costs as set forth in Exhibit 2 attached
hereto and incorporated herein as though set forth in full.
B. Said compensation shall not be altered unless there is a significant alteration in the
scope, complexity or character of the work to be performed. City and Engineer shall
agree upon any such significant alteration in writing before commencement of
performance of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be permitted when the Engineer
establishes and City has agreed in writing that there has been, or is to be, a significant
change in:
I. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the Agreement
for Completion of the work warrants such adjustment.
C. The Engineer is required to comply with all Federal, State, and local laws and
ordinances applicable to the work. The Engineer is required to comply with
prevailing wage rates in accordance with California Labor Code Section 1770.
6. PAYMENT BY CITY
A.
The billings for all services rendered pursuant to this Agreement shall be submitted
monthly by Engineer to City and shall be paid by City within twenty (20) days after
receipt of same, excepting any amounts disputed by City. Dispute over any invoiced
amount shall be noticed to the Engineer within ten (10) days of billing and a meet and
confer meeting for purposes of resolution of such dispute shall be initiated by the City
within ten (10) days of notice of such dispute. Interest of 1-1/2 percent per month (but
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Res 1999-46
not exceeding the maximum rate allowable by law) will be payable on any amounts not in
dispute and not paid within thirty (30) days of the billing date, payment thereafter to be
applied first to accrued interest and then to the principal unpaid amount. On disputed
amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in
dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit "I" shall be
completed prior to final payment.
B. Section 9-1.10 of the Cal-Trans Standard Specifications is hereby specifically waived and
not applicable to this agreement. The parties hereto otherwise agree not to be bound by
any other requirements for binding arbitration of any dispute arising hereunder. Disputes
shall be resolved by agreement of the parties, or upon the failure of such agreement, by
direct application to the Courts.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of City, or his designee, shall have the right of general
supervision over all work performed by Engineer and shall be City's agent with respect to
obtaining Engineer's compliance hereunder. No payment for any services rendered under
this Agreement shall be made without prior approval of the Director of Development
Services or his designee.
B. The Office of the Administrator may review and inspect the Engineer's activities during
the progress of the program.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, marital status, age, handicap or national origin.
Engineer shall promote affirmative action in its hiring practices and employee policies for
minorities and other designated classes in accordance with Federal, State and Local laws. Such
action shall include, but not be limited to, the following: recruitment and recruitment advertising,
employment, upgrading, and promotion.
9. TERMINATION OF AGREEMENT
A. This Agreement may be terminated by either party upon thirty (30) days' written notice in
the event of substantial failure of the other party to perform in accordance with the terms of
this Agreement. Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure, giving rise to such notice. In the event of
termination of this Agreement, City shall within thirty (30) days pay Engineer for all the
fees, charges and services performed to City's satisfaction by Engineer, which finding of
satisfaction shall not be unreasonably withheld. Engineer hereby covenants and
agrees that upon termination of this Agreement for any reason, Engineer will
preserve and make immediately available to City, or its designated representatives,
maps, notes, correspondence, or records related to work paid for by the City and
required for its timely completion, and to fully cooperate with City so that the work to
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'Res 1999-46
be accomplished under this Agreement may continue within forty-five (45) days of
termination. Any subsequent use of such incomplete documents, other than their
originally intended use, shall be at the sole risk of the City, and the City agrees to hold
harmless and indemnify Engineer from any claims, losses, costs, including Attorney's
fees, and liability arising out of such use. Engineer shall be compensated for such
services in accordance with Exhibit 4.
B. This agreement may be terminated for the convenience of the City upon thirty (30) days
written notice to Engineer. Upon such notice, Engineer shall provide work product to
City, and City shall compensate Engineer in the manner set forth above.
C. Following the effective date of termination of this Agreement pursuant to this section,
the Agreement shall continue until all obligations arising from such termination are
satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and without the fault or negligence of
Engineer, Engineer fails to meet any of its obligations under this Agreement, and such failure
shall not constitute a default in performance, the City may grant to Engineer such extensions of
time and make other arrangements or additions, excepting any increase in payment, as may be
reasonable under the circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Engineer shall notify City within three (3) days in
writing when it becomes aware of any event or circumstances for which it claims or may claim
an extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the performance of the services provided for
under this Agreement. Engineer shall furnish such services in its own manner and in no
respect shall it be considered an agent or employee of the City.
12. ASSIGNMENT OR SUBCONTRACTING
Engineer thereof, may assign neither this Agreement, nor any portion without the written
consent of City. Any attempt by Engineer to assign or subcontract any performance of this
Agreement without the written consent of the City shall be null and void and shall constitute a
breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of
this contract.
13. NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Engineer and City:
ENGINEER
Parsons Brinckerhoff Quade & Douglas, Inc.
685 E. Carnegie Drive, Suite 210
San Bernardino, CA 92408
CITY
Michael E. Hays, Director
Development Services Department
300 N. "D" Street
San Bernardino, CA 92418
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'Res 1999-46
14. RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data provided through the City
or its agents without independent evaluation.
B. The City shall pay all costs of inspection and permit fees. Charges not specifically
covered by the terms of this Agreement shall be paid as agreed by the parties hereto at
the time such costs arise; but in no event shall the work to be performed hereunder
cease as a consequence of any unforeseen charges unless by mutual written agreement
of City and Engineer.
C. All tracings, survey notes, and other original documents are instruments of service and
shall remain the property of Engineer except where by law, precedent, or agreement
these documents become public property. All such documents or records shall be made
accessible to City. Engineer shall maintain all records for inspection by the City, State
or their duly authorized representatives for a period of three (3) years after final
payment. Engineer shall stamp and sign all specifications, estimates, plans and
engineering data furnished, and where appropriate, indicate registration number.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Engineer represents his judgment as a
design professional and is supplied for the general guidance of the City. Since
Engineer has no control over the cost of labor and material, or over competitive bidding
or market conditions, engineer does not guarantee the accuracy of such opinions as
compared to contractor bids or actual cost to the City.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been employed or retained to solicit or
secure this Agreement upon an agreement or understanding for a commission, percentage,
brokerage, or contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Engineer for the purpose of securing
business. For breach or violation of this warranty, City shall have the right to terminate this
Agreement in accordance with the clause permitting termination for cause and, at its sole
discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full
amount of such commission, percentage, brokerage or contingent fee.
17. HOLD HARMLESS CLAUSE
A. Engineer hereby agrees to hold City, its elective and appointive boards, officers, and
employees harmless from any liability for damage or claims for damage for personal
injury including death, as well as from claims for property damage, which may arise
from Engineer's negligent acts, errors or omissions under this Agreement.
B. Engineer shall indemnify, defend and hold free and harmless the City, its officers, and
its employees from all claims, damages, costs, expenses, and liability, including, but
not limited to attorney's fees imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use by City, its
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Res 1999-46
officers, employees, agents and other duly authorized representatives, of programs or
processes supplied to City by Engineer under this Agreement.
C. The prevailing party in any legal action to enforce or interpret any provisions of this
Agreement will be entitled to recover from the losing party all reasonable attorney's
fees, court costs, and necessary disbursements in connection with that action. The
costs, salary, and expense of the City Attorney and members of his office, in
connection with that action shall be considered as attorneys' fees for the purposes of
this agreement.
18. INDEMNITY
Engineer shall indemnify, defend and hold harmless City from and against any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including attorney's fees) and liabilities of, by, or with respect to third parties,
which arise solely from Engineer's negligent performance of services under this Agreement.
Engineer shall not be responsible for, and City shall indemnify, defend and hold harmless
Engineer from and against any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and
liabilities of, by, or with respect to third parties, which arise solely from City's negligence.
With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses,
damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by,
or with respect to third parties, which arise from the joint or concurrent negligence of Engineer
and City, each party shall assume responsibility in proportion to the degree of its respective
fault.
19. LIABILITY/INSURANCE
A. Engineer's liability to the City for injury or damage to persons or property arising out
of work performed by the City and for which legal liability may be found to rest upon
Engineer other than for professional errors and omissions, will be limited to
$1,000,000. For any damage on account of any error, omission or other professional
negligence, Engineer's liability will be limited to a sum not to exceed $50,000 or
Engineer's fee, whichever is greater.
B. The City will require the Engineer to provide Workers Compensation and
Comprehensive General Liability Insurance, including completed operations and
contractual liability, with coverage sufficient to insure the Engineer's indemnity, as
above required; and, such insurance will include the City, the Engineer, their
consultants, and each of their officers, agents and employees as additional insured.
C. Engineer shall provide evidence of insurance in the form of a policylcertification of
insurance, or other acceptable evidence, in which the City is named as an additional
insured (except on Workers Compensation) to the extent of the coverage required by
this Agreement.
D. Notwithstanding anything to the contrary herein, the Engineer and its subconsultants
and specialty consultants shall have no responsibility for the discovery, presence,
handling, removal, disposal of or exposure of persons to hazardous materials in any
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REs 1999-46
form at the different sites of the Project including, but not limited to asbestos products,
plychlorinated biphenyl (peb) or other toxic substances except for any such substances
brought to the site by the Engineer or subconsultants or used by same in the
performance of their work.
20. VALIDITY
Should any provision herein be found or deemed to be invalid, this Agreement shall be
construed as not containing such provision, and all other provisions which are otherwise lawful
shall remain in full force and affect, and to this end the provisions of this Agreement are
declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement between the parties hereto and
supercedes all prior and contemporaneous negotiations, representations, understandings and
agreements, whether written or oral, with respect to the subject matter thereof. This
Agreement may be amended only by written instrument signed by both parties.
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Res 1999-46
AGREEMENT FOR: Professional Services with Parsons Brinckerhoff Quade & Douglas, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed on the date written above by their duly authorized officers on their behalf.
CITY OF SAN BERNARDINO
BY: )u~ aMI....()
ATTEST:
Norine Miller, Mayor Pro Tempore
City of San Bernardino
~\\\\'=\~
BY: ~ h.C~
Racl1 I Clark, City Clerk
PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC.
BY:
O\1,J
Name:
13. \Y\. AGro'?o\J Ie. H
\) Ire? t=>res.'c\e i\-\
Title:
Approved as to form
And legal content
JAMES F. PENMAN
City Attorney
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EXHIBIT 2
ATTACHMENT A
TASK AND COST SUMMARY
ORIGINAL REVISED
TASK NAME COST COST
PHASE 1
SURVEYS AND MAPPING $14,490 $14,490
GEOTECHNICAL $6.426 $6,426
ENVIRONMENTAL DOCUMENTATION $94,033 $84,033 .
RAILROAD MEETINGS $11,873 $11,873
CAL TRANS BRIDGE DESIGN MEETINGS $4,297 $4,297
SUPPORT ENGINEERING $82,481 $82,481
PROJECT MANAGEMENT & COORDINATION $15,379 $15,379
DIRECT COSTS $8,265 $8,265
BRIDGE ARCHITECTURE. $2,700 .
TOTAL PHASE 1 COST $237,244 $229,944 .
PHASE 2
SURVEYS $26,418 $26,418
GEOTECHNICAL $23,053 $23,053
DEMOLITION PLANS $75.207 $27,000 .
BRIDGE DESIGN $459.060 $459,060
CIVIL DESIGN $73.983 $73,983
RIGHT.Of-WAY PLANS, LEGAL DESCRIPTIONS, AND PLATS $18,229 $0 .
APPRAISAL REPORTS $25.000 $0 .
PROJECT MANAGEMENT &. COORDINATION $16.397 $16,397
MEETINGS $32.793 $32,793
DIRECT COSTS $35.222 $33.222 .
BRIDGE ARCHITECTURE. $13,500 .
TOTAL PHASE 2 COST $785.362 $705,426 .
TOTAL PROJECT COST $1 .022.606 . $935,370 .
5-4
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"
Exhibit 3
Staff Classification
Fully Burdened
Hourly Billing Rate-
Project Director
Supervising Bridge Specialist
Senior Bridge Specialist
Senior BridgelStructural Engineer
BridgelStructural Engineer
Supervising Civil Engineer
Senior Civil Engineer
Civil Engineer
Senior Traffic Specialist
Traffic Engineer
Senior Railroad Engineer
Railroad Engineer
Supervising Environmental Engineer
Environmental Engineer
Engineering Support
Environmental Support
T echnician/Drafter
Administrative
$202
$226
$148
$126
$ 90
$128
$106
$ 90
$140
$105
$140
$ 96
$151
$ 96
$ 80
$ 80
$ 70
$ 50
.The rates listed are valid through July 1999. Beginning August 1. 1999 a 5.0%
across the board average annual increase will be in effect,