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HomeMy WebLinkAbout1997-2771 2 3 4 5 s 7 8 9 10 11 13 14 15 16 17 18 19 20 21 23 24 25 26 27 28 RESOLUTION N0. 97-277 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DANIEL, MANN, JOHNSON AND MENDENHALL FOR PROFESSIONAL RESIDENT ENGIPdEERING SERVICES RELATIVE TO THE EXTENSION OF ORANGE SHOW ROAD, FROM ARROWHEAD AVENUE TO TIPPECANOE AVENUE. BE IT RESOLVED BY THE MAYOR AND CODIMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The P4ayor of the City of San Bernardino is hereby authorized and directed to execute, or, behalf of said City, an Agreement for Professional Services with Daniel, Mann, Johnson and Mendenhall relative to the extension of Orange Show Road, from Arrowhead Avenue to Tippecanoe Avenue. A copy of said agreement is attached hereto, marked Exhibit "A" aad incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied or authorized. SECTIOYd 3. This resolution is rescinded if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. / / / / / / / / / / / / / / / / //// / / / / / / / / 08-25-97 RESO: EXECUTING AGREEMENT F]ITH DANIEL, MANN, JOHNSON AND MENDENHALL FOR PROFESSIONAL RESIDENT ENGINEERING SERVICES FOR ORANGE SHOW ROAD, FROM ARROWHEAD TO TIPPECANOE AVENUES. 1 2 3 4 5 s 8 9 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Pdayor and Common Council of the City of San Bernardino at a Joint regular meeting thereof, held on the 2nd day of September 1997, by the following vote, to-wit: Council Members: AYES NAYS ABSTAIN ABSENT NEGRETE x CURLIN x ARIAS x OBE RHELMAtd % 11 12 13 14 15 16 17 18 19 20 21 DEVLIN % ANDERSON x MILLER x ,. ~ o ~! ~ ~. ,Lr.- ~~~'~- Ra hel Clark, City Clerk The foregoing resolution is hereby appro~~ed this September 1997. day of Tom Minor, Mayor City of San Bernardino Approved as to form and legal content: James F. Penman City Attorney f - 2 - 87 2i' 1 2 3 4 5 6 7 8 10 11 12 13 14 15 16 17 18 211 AGREEMENT FOR PROFESSIONAL SERVICES Th/ins AGREEMENT is made and entered into this 7~Y of ,~lF~~~{~'~~ 1997, by and between the CITY SAN BERNARDINO, California, a municipal corporation, herein-af referred to as the "CITY" and Daniel. Mann. Johnson. & Mendenha ~~, a California corporation, hereinafter referred to "ENGINEER." W I T N E S S E T H WHEREAS, City desires to obtain professional services fo Resident Engineer Services related to Orange Show Road fro Arrowhead Ave. to Tippecanoe Ave. WHEREAS, in order to provide inspection services, bridq inspection expertise, maintain adequate files, provide calcu lations on false work, review submittals and administer the dail operations of the project, it is necessary to retain th professional services of a qualified resident engineer an consulting firm; and WHEREAS, Engineer is qualified to provide sai professional services; and WHEREAS, San Bernardino City Council has elected to engag the services of Engineer upon the terms and conditions as here inafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: 24 25 26 27 28 1. SCOPE OF SERVICES Engineer shall perform those services specified in "Scope of EXHIBIT ~A~ 8/27/97 -1- r~ _ ri •~ 1 2 ~ a 1 2 3 4 5 6 7 8 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Services" and as contained in the proposal dated July 31, 1997, a copy of which is attached hereto as Exhibit "1" and incorporated as though set forth in full. 2. TERM OF AGREEMENT The services of Engineer are to commence immediately after the City has authorized work to start by issuance of a Notice to Proceed. The scheduled completion dates established by the contract for construction set 300 working days and may be adjusted by the City as determined by progress of the work. This Agreement shall expire upon completion of the project or as directed by the City unless extended by written agreement of the parties. 3. STANDARD OF PERFORMANCE Engineer shall complete all work product and design in confor- mance with Standard Specifications for Public Works Construction (Greenbook) current edition, Caltrans Bridge Design Standards and the City of San Bernardino's Standard Drawings and project specifications 9142. 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. //// 8/27/97 -2- s~ z;,, 1 2 3 4 5 6 7 8 9 10 111 13 14 15 16 17 18 19 20 21 B. No extra services shall be rendered by Engineer under this Agreement unless such extra services are authorized, in writing, by City prior to performance of such work. Authorized extra services shall be invoiced based on Engineer's proposed rates a copy of which is included in the proposal 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, at a rate of $78 per hour in an estimated amount 5196,560.00. Said amount being $78 x 315 x 8 = $196,560. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. Any such significant alteration shall be agreed upon in writing by City and Engineer before commencement of performance of such significant alteration by Engineer. Any adjustment of the cost of services will only be permitted when the Engineer establishes and City has agreed, in writing, that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to Abe 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. 8/27197 -3- EXHIBIT 'A' 91 nn 2~, C. The Engineer is required to comply with all Federal, State and Local laws and ordinances applicable to the work and which are in effect as of the date of the notice to proceed. 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 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. 1 2 3 4 5 6 7 8 9 10 111 12 13 14 15 1 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 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. I //// 21 22 23 24 25 26 27 28 8/27/97 -4- 1 br~ra ~ 1 1 2 3 4 5 s 7 11 12 13 14 ~~ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 C. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, then all reasonable litigation and collection expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. 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 Public Works 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 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. In addition, Engineer shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap, or religion in compliance with State and Federal laws. //// s/z~/9~ -5- 3 1 2ryr~ 1 2 3 4 5 6 7 8 11 12 13 14 15 16 17 18 21~ 24 25 26 27 28 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 Tits designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may 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 the proposal. B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Engineer. Upon I//// 8/27/97 -6- y~ z~~, 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 circumstance for which it claims or may claim an 1 2 3 4 5, 6 7 extension. 9 10 11 12 13 14 15 16 17 18 11. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the perfor- mance of the services provided for under this Agreement. Engineer shall furnish such services as directed by the City. 12. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Engineer without the written consent of City. Any attempt by Engineer to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All 211 23 24 25 26 27 28 ~s/z~/9~ -~- Y rt iy yl 2~ ~. 1 ubcontracts exceeding $10,000, shall contain all provisions of 2 his contract. 3 3. NOTICES 4 All official notices relative to this Agreement shall be in 5 riting and addressed to the following representatives of Engineer nd City: 6 ENGINEER CITY 7 MJM Mr. Roger Hardgrave 8 75 West Hospitality Lane Director of Public Works uite 314 City Engineer 9 an Bernardino, CA 92408 300 North "D" Street San Bernardino, CA 92418 10 14. RESPONSIBILITIES OF PARTIES 11 A. The Engineer may reasonably rely upon the accuracy of data 12 rovided through the City or its agents without independent 13 valuation. 14 B. The City shall pay all costs of inspection and permit 15 fees. Charges not specifically covered by the terms of this 16 greement shall be paid as agreed by the parties hereto at the time 17 such costs arise; but in no event shall the work to be performed 18 ereunder cease as a consequence of any unforeseen charges unless 19 y mutual written agreement of City and Engineer. 20 C. All files, survey notes, correspondence, notes and other 21 riginal documents are instruments of service and shall remain the 22 roperty of City except where by law, precedent, or agreement these 23 ocuments become private property. All such documents or records 24 25 shall be made accessible to City. Engineer shall maintain all 26 records for inspection by the City, State, or their duly authorized 27 representatives for delivery to City Hall upon completion of the /27/97 -8- ~v7 2;,,~ 1 2 3 4 5 s 7 8 9 10 11 12 13 14 15 16 17 18 211 25 26 27 28 project. Engineer shall stamp and sign all submittals, estimates, plans and engineering data furnished, when appropriate and in accordance with normal practice and, where appropriate, indicate registration number. 15. CONSTRUCTION COST ESTIMATES A. Any progress estimates of the construction cost prepared by Engineer represents his judgment as a design professional and is supplied for the general guidance of the City. Engineer does guarantee the accuracy of such opinions as compared to contractor submittals or actual cost to the City in so far as they represent his professional opinion as the true amount and nature of the work so far performed and represented to be completed by the contractor. 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 Is/z7/97 -9- s~ 2;,~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 ', 15, 16 17 211 24 25 26 27 28 liability for damage or claims for damage for personal injury including death, as well as from claims for property damage, to the extent such are proximately caused by 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 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 attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney, and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 18. INDEMNITY A. 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 reasonable 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 a/a~/9~ -lo- q it nl N/ ~ ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 reasonable attorney's fees) and liabilities of, by, or with respect to third parties, which arise solely from the City's negligence. With respect to any and all claims, demands, suits, actions, ',proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable 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 'kits respective fault. B. Neither party hereto shall be responsible for special, incidental, or consequential damages, except to the extent that such damages are awarded in an action by a third party, other than the Contractor on the Project, against the CITY and arise out of ENGINEER'S negligent acts, errors, or omissions. 19. LIABILITY/INSURANCE A. Engineer's liability insurance for injury or damage to persons or property arising out of work for which legal liability may be found to rest upon Engineer other than for professional errors and omissions, shall be a minimum of $1,000,000. For any damage on account of any error, omission, or other professional negligence, Engineer's insurance shall be limited in 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, la/z~/97 -11- ~~7 2 ~' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 21 22 23 24 25 26 27 28 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 insureds. C. Engineer shall provide evidence of insurance in the form of a policy/certification of insurance or other acceptable evidence, in which the City is named as an additional named insured (except on Worker's Comp) 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 form at the different sites of the Project including, but not limited to asbestos, asbestos products, polychlorinated biphenyl (pcb) 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 IlAgreement are declared to be severable. III //// //// 18/27/97 -lz- T 't ~.~ N 1 2 3 4 5 6 7 8 9 10 11 13 14 15 16 17 18 19 211 24 25 26 27 28 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// //// 8/27/97 -13- ~ , i. Y~ f~ ' 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 231 27 28 AGREEMENT FOR: PROFESSIONAL RESIDENT ENGINEERING SERVICES FOR ORANGE SHOW ROAD BETWEEN ARROWHEAD AVENUE AND TIPPECANOE AVENUE 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 • ~'L ~~~ Tom Minor, Mayor (ATTEST: g ~ ~ -~c-c ~.cX. Lis<h, /~ , _ Ra hel Clark, City Clerk Daniel, Mann, Johnson, & Mendenhall }p~ v~ By: , ~ ~~ President Approved as to form and legal content: JAMES F. PENMAN City Attorney I BY ~s/z~/9~ -14- ~~~-- ~~ 97-277 AGREEMENT FOR PROFESSIONAL SERVICES (Fees Less Than $25,000) This AGREEMENT is made and entered into this 15th. day of September, 1997, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Daniel, Mann, Johnson & Mendenhall,/J~i, hereinafter referred to as "CONSULTANT" ,~ 1. SCOPE OF SERVICEB Consultant shall perform those services specified in "Letter of proposed of Services", dated September 11, 1997 being performance of plan check and specifications check of electrical portions only of plans prepared by Associated Engineers related to the airport improvements at the former Norton Air Force Base. All work shall be performed as directed by the City of San Bernardino. Attached and incorporated herein as Exhibit A is a copy of the Proposal of Service. 2. TERM OF AGREEMENT The services of Consultant are to commence after the City has authorized work to start by issuance of a Notice to Proceed. This Agreement shall expire as specified by the schedule unless extended by written agreement of the parties. 3. STANDARD OF PERFORMANCE Consultant shall complete all work product and design in conformance with City of San Bernardino Standard Specifications and Standard Drawings. 4. A. Performance of the work specified in the Proposal is made an obligation of Consultant under this Agreement, subject to any changes made subsequently upon mutual written agreement of the parties. Any change which has not been so incorporated shall not be binding on either party. 5. A. The City shall reimburse the Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in performance of the work, in an amount not to exceed $1,500.00, for all work proposed in the letter of September 11, 1997 and completed for this project. Actual costs shall not exceed the estimated amounts as 97-277 set forth in the proposal. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or char- acter of the work to be performed. Any adjustment of the total cost of services will only be permitted when the Consultant establishes and City has agreed, in writing, that there has been, or is to be, a significant change. C. The Consultant is required to comply with all Federal, State and local laws and ordinances applicable to the work. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Consultant to City and shall be paid by City within thirty (30) days after receipt of same, excepting any amounts disputed by City. All tasks as specified in proposal shall be completed prior to final payment. 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 Consultant and shall be City's agent with respect to obtaining Consultant's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Public Works or his designee. Each aspect of the project will be submitted and approved by the Director of Public Works/City Engineer prior to commencement of the next order of work. A meeting with the City staff shall be conducted prior to any work on the precise alignment study in order to establish the preferred alignment to be considered. COMPLIANCE WITH CIVIL RIGHTS LAWS AND AMERICAN WITH DISABILITIES ACT Consultant hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, national origin or disability. Consultant 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. In addition, Consultant 97-277 shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap, disability or, religion in compliance with State and Federal laws. 9. TERMINATION OF AGREEMENT A. This agreement may be terminated by either party upon thirty (30) days written notice in the event of substan- tial 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. Consultant hereby covenants and agrees that upon termination of this Agreement for any reason, Consultant will preserve and make immediately available to City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished may continue. Any subsequent use of such incomplete documents shall be at the sole risk of the City and City agrees to hold harmless and indemnify Consultant from any claim, losses, costs, including Attorney's fees, and liability arising out of such use. B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Consultant. Upon such notice, Consultant shall provide work product to City and City shall compensate Consultant 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. 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, and such failure shall not constitute a default in performance, and the City may grant to Consultant 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. 11. Consultant shall act as an independent contractor in the performance of the services provided for under this Agreement. 97-277 12. 13 14. Consultant shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of City. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Consultant without the written consent of City. Any attempt by Consultant 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 Agreement. NOTICES All official notices relative writing and addressed to the Consultant and City: Consultant to this Agreement shall be in following representatives of Bedros Agopovich Daniel, Mann, Johnson & Mendenhall 275 W. Hospitality Lane Suite 314 San Bernardino, CA 92408 RESPONSIBILITIES OF PARTIES CITY Mr. Roger Hardgrave Director of Public Works/ City Engineer 300 North "D" Street San Bernardino, CA 92418 A. Upon completion of all work under this Agreement, Consultant will transfer ownership and title to City of all programs, reports, documents, Plans and Specifications. 15. HOLD HARMLESS CLAUSE A. Consultant hereby agrees to hold City, its elective and appointive boards, officers, and employees, harmless from any liability for damage or claims for damage for person- al injury including death, as well as from claims for property damage, which may arise from Consultant's negli- gent acts, errors or omissions under this Agreement. B. Consultant 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 97-277 of copyrights of any person or persons in consequence of the use by City, its officers, employees, agents and other duly authorized representatives, of programs or processes supplied to City of Consultant under this Agreement. 16. Consultant 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 attorneys' fees) and liabilities, of, by, or with respect to third parties, which arise solely from Consultant's negligent performance of services under this Agreement. Consultant shall not be responsible for, and City shall indemnify, defend and hold harmless Consultant from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including attorneys' fees) and liabilities of, by or with respect to third parties, which arise solely from the City's negligence. With respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, ,injuries, penalties, costs, expenses (including attorneys' fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Consultant and City, each party shall assume responsibility in proportion to the degree of its respective fault. 17. LIABILITY/INSURANCE A. Consultant'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 Consultant other than for professional errors and omissions, shall be a minimum of $1,000,000. For any damage on account of any error, omission or other profes- sional negligence Consultant's liability, will be limited to a sum not be exceed $50,000 or Consultant's fee, whichever is greater. B. The City will require the Consultant to provide worker's Compensation and Comprehensive General Insurance, with coverage sufficient to insure the Consultant's indemnity, as above required; and, such insurance will include the City, the Consultant, their consultants, and each of their officers, agents and employees as addi- tional insured with exception to additional insured under Worker's Compensation. C. Consultant shall provide evidence of insurance. 97-277 18. ATTORNEYS' FEES 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 attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expenses 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. 19. 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 effect, and to this end the provisions of this Agreement are declared to be severable. 20. ENTIRE AGREEMENT This Agreement represents the entire and integrated understanding between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. (Cons to ) p~ v/ BY• ~, 1~~ ~ President CITY OF SAN BERNARDINO, a municipal c rporation Bl^I: ~ ~I d~VInNILt~ Jo n Murphy V ~~ C' y Purchasing Manager ' ~ 97-277 r>~ v .. ILL ` ~_. ~ ~ .. - +I~ S• : P.~nr.n~P;ry~, C:.,.. ~fi: a.~ aL~~S LION' 9Y277 ~ 9-2-97 97 i~ DMJM 1 ' July 31, 1997 Mr. Roger G. Hardgrave Director of Public Works/City Engineer City of San Bernardino 300 North "D" St., 3`° Floor San Bernardino, CA 92418 5 0 Y e .s a s 01 ss.oo S9707008.BA t Subject: Professional Resident Engineering Services Orange Show Road from Arrowhead Avenue to Tippecanoe Avenue Reference: City of San Bernardino Request for Proposal dated June 30, 1997 Dear Mr. Hardgrave: We sincerely appreciate having been invited to propose our services on the subject project to the City of San Bernardino. We are most pleased to respond with this proposal. ' We trust that the City will positively review and evaluate our submittal. We believe, as a firm we bring to this assignment certain important advantages. These are: 1. Our knowhow and familiarity on the elements of the project. 2. Our extensive recent experience on California bridges -both in design and construction management/inspection. These have encompassed both new bridges and modifications (with or without seismic retrofit) to existing ones. 3. Our commitment to assign a highly qualified Resident Bridge Engineer in Nick Manchev whose years of experience in Caltrans bridge inspection/construction far exceeds the City's stated 5-year minimum. ' 4. Nick Manchev's very well balanced experience. He has worked for private consultants as well as the Construction Contractor Fraternity. He has worked in design; in construction management/inspection; as well as construction. He is a Registered Engineer in California. Besides bridges he has also been involved in roadway and other related infrastructure construction. 5. Our ability to dedicate Nick Manchev to this project for the duration needed. 6. Our strong desire to continue to provide the City with the quality and responsive service it is accustomed to except from DMJM. We look forward to continue to be of service to the City. Very truly yours, DANIEL, MANN, JOHNSON, & MENDENHALL Ui~ Bedros Agopovich Vice President 2'S WESi' HOSPITAWTP LAIV tl, SUI'I'L 314, SAN BEHNARDINQ CAWfORN1A 92406 IYU9i 38fi-fi7UU • Fns 1909) 82f&4902 ss~ 2°i i 4a, a*. a; .. ~~. ",` .. 's" ~~ 2 + b. r .r.~ . r~,~ 1 - f q.. F "^ ` Gs lye 4 .:1. Y ~ y~ M1 }^^~ ' o r~~;.. L. ...26'tr~• b. _ s_.. ~x rE, i_..L'l>~aia~ A ~:" i Vii, -. s a .Y r-,; -a. ,t' y: ice; X -• ,... . 'L ,,f/ " F y .t. ,, x~"' . _ ,s . ~', Apt r to . k .9~°F x ~~y ~~ ~~+'~~ ~.t~ ,. pr7 r~ i Drange~~iow Road Extension From Arrowhead Avenue to Tippecanoe Avenue DMJM Relevant Experience DMJM brings to this project very relevant experience, performed for both California Highway/Roadway/Bridge projects as well as similar projects in other states. This proposal section will focus on the projects performed in California. In particular, DMJM brings a very well balanced experience. This balance, which is essential for the success of this assignment, is derived from the following 1. Knowledge of the Orange Show Road Extension project. DMJM was the Design Engineer for the project. 2. Knowhow of the City of San Bernardino. DMJM has been fortunate to have been selected to do a number of design projects for the City over our 1 1 year existence locally. 3. Benefit of having performed other local projects. 4. Knowhow of Caltrans through: • Former Caltrans employees on staff. • Design projects performed directly under contrail to Caltrans -District 8, 7, 1 1, 59. • Design projects performed for a public works agency with Caltrans oversight. Thirty-five recent projects encompassing the last two bullets are illustrated in Figure I-l . 5. A wide variety of Bridge Projects Construction Phase Services performed for Caltrans as well as other California highway/bridge projects In the remainder of this proposal section, we would like to focus on two projects which are most relevant to the intended work at hand. The first is the work we are doing under contrail to Caltrans on the statewide con- struction support of the bridge upgrade /retrofit program. A summary of the activities we are performing are: • DMJM inspectors perform duties in both areas of CALTRANS construction ailivities: struilure construction and civil construilion • Structure construction involves the retrofit of existing structures, mainly bridges, achieving the goals of mak- ing California bridges capable of withstanding a major seismic event. • The Structure Personnel are represented in two categories: Structure representatives and Structure Inspectors. • The Structure Representative (SR) is in charge of carrying out the daily administration of the structure part of the job, which in the case of seismic retrofit is usually above 85% of the job work volume. The SR cre- ates and maintains the filing system, engages in all preliminary negotiations for CCO's, reviews and approves submittals of shop drawings, trenching and shoring, prestressing, falsework, welding procedures, concrete mix designs, commercial quality construilion materials; arranges for testing of materials, backfill, concretes, elastomeric bearing pads, mechanical couplers; releases in the field some materials. Any mod- ification/suggestion by the Contrailor and any operation engaged in the field is controlled and approved by the SR. The coordination between Contractor and the Designer is flowed through the SR. Major part of the financial management of the job is covered by the Structure Representative when preparing the month- ly payments where different items get paid in various percentages depending on the state of completion. Safety on the job site is another duty to be carried out. All work by Contractor is checked against the Standard Specifications, Standard Plans, Standard Special Provisions, Special Provisions as well as against all Caltrans Manuals for field and office work. 97 277 Orange Show Road Extension From Arrowheod Avenue to Tippecanoe Avenue DMJM • The Structure Inspectors take care of the everyday inspection of item and non-item work, safety in the field and any unusual occurrence. • The current work of DMJM Structure Representatives and Inspectors include the following: abutment retro- fits (widening, additional piling, increasing the thickness and geometrical size of footings), creating catch- er blocks and catcher walls, construction of hinges bolsters and hinge restrainers (pipe or cable type), strengthening piers (increase thickness and steel content), construction of infill walls between columns, structural steel retrofit of timber structures in mountain areas, installing tie down anchors at column foot- ings constructing pedestal base and bent cap retrofits, tower shear wall retrofits, arch crown retrofits, col- umn casings, deck overlays and many others. The second project is the Bay Area Rapid Transit (BART) extension construction from Hayward to Dublin/Pleasanton. DMJM is the Construction Manager. The project has a significant interface with two California Highways namely I-238 and I-580. DMJM provided Construction Management Oversight Services on behalf of BART. Activities included: • Monitoring of cost and schedule • Shop drawing submittals and reviews • Falsework • Field inspection • Change order processing • Claims review • Progress payments • Monthly reports and forecasts • Traffic handling plans • Safety • Construction staging I-2 ~ ~ r ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ __. .s _C ~ ~ r 371 ~N °' D [/)I p'Z V O m' I ~ (D li-d INi'rt~ N N '~N' ~ N N i N N N - i r I ?1 ! f!/ ~ - ~. ~ o. I. F ~I ' ,w w I N ^I o y 'I d i m ' ~~ I j. _ I °I ~. 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I h r ` -~ a rw+ range Sow Road Extension From Arrowhead Avenue to Tippecanoe Avenue DMJM Project Manager /Resident Engineer We are committing a very experienced DMJM staff member in Nikola (Nick) Manchev to serve the City on this project assignment. Mr. Manchev is ideally suited to perform the role outlined in the Request for Proposal. His capabilities are diverse as well as being well rounded; these are schematically portrayed in Figure II-l . His detailed resume follows. r/ r~ y F/I ~ i Figure 11-1 I i" '~ 4~~ ~ v ~, a, 3 ~ v~ M i b1 v ~ z' . , v N 9' S ~. i4, v~ O N~^7 N~ ~ ~ ~~ ~L ~~ Em~'Bl' Co~tKa~to~s SP, i PrO~~C J~^f 4 w ^~°~ w ql~ ryL a ;; L p~ V Gf U t 1 n~loyed Y CalrranS ' 97 2i' i CJ t 1 I DMJM Mr. Manchev has 23 years of experience in Union Pacific main track and two future NIKOLA MANCHEV, significant public works projects both domes- track extensions, shoofly construction P,E, tic and overseas. His domestic experience and track rearrangement. Street Resident Engineer - has exclusively been in the state of improvements included 1,500 ft of 48" Construction Manager California, with the majority of the projects storm drain and various utilities. Project he has worked on being in Southern was executed per CALTRANS and AREA Education: California. His project experience has diver- specifications. Sheet improvements were sity; encompassing bridges, highways, road- per City of Ontario Public Works specifi- M. Sc. Civil Engineering ways, railroads, airports, major earth moving cations. 1967-72, School of operations, as well as infrastructure for vari- Engineering, University for ous city agencies. Through his experience, CALTRANS certified Storm Water Construction Engineering and he possesses an ideal balance of capabilities Pollution Prevention Program inspector Architecture, Sofia, Bulgaria. encompassing engineering, construction for statewide operation. Inspected jobs management and inspection, actual con- on Rte 150, 126,99 and 14. struction, and upper level management Registered Civil Engineer. Kercheval Engineers Inc./Lewis and Since joining DMJM, Mr. Manchev has been Zimmerman California: # C52547 exclusively involved in DMJM's contract with Caltrans Division of Structures Construction Value engineering of Bayshore Viaduct for the statewide bridge retrofit / reconstruc- retrofit design (San Francisco) for CAL- tion program. He serves as the lead DMJM TRANS District 4. Evaluate CT in-house field representative ("structures represents- design and recommend constructability tive" in Caltrans terms) for all the construc- issues. tion phase support. The projects with 11 bridges he is in charge of are on SR-l, SR- Consultation in forensics and retrofitting. 33, SR-34, SR-126 and SR-150. Representative bridges include: Kercheval Engineers Inc. • Ventura Overcrossing at SR-12 / up trade Bridge structure consultant assigned to CAL- TRANS Office of Structure Construction in • Coyote Creek Overflow and Ventura LA area (District 7- Encino office): new River Bridge in Ojai bridge construction and upgrading, postten- sioning, retrofitting, concrete barriers, • Sespe Creek Bridge and Sespe Overflow approach slabs, seismic strengthening, Bridge in Filmore retaining walls and soundwalls, sign founda- • 4 Bridges in Los Padres National Park tions, piling, shear stud retrofitting of bridge decks, paving, excavation and backfill. CAL- • SR-34 bridge over Amtrak line TRANS certified in concrete sampling and • Pedestrian Overcrossing in Camarillo testing. Monitoring construction, inspection and CCO preparation. File maintaining and shop drawing review /approval. His duties include daily work administration, Representative projects include: CCO preparation, review and approval of shoring/shop drawing submittals, liaison with 10 bridges on Rte 101 from Bonnie Brae the Designer, in-field design corrections, file to Normandie; creating and maintaining, inspection and Rte 134 - LA River bridge in Burbank: coordination, and material sampling. Post-tensioning the steel girders and His experience prior to joining DMJM can be ~+'elding Nelson studs between road deck , summarized as follows: and steel girders; • Rte 405 -Earthquake repair of LA River Vali Cooper 8 Associates Inc. bridge in Sherman Oaks. EQ repair of Mulholland bridge over Rte 405 -jacking • Resident Engineer/Construction Manager the bridge, repair/replace bearings, con- for Wineville UC bridge, Ontario, CA. struct new abutment catchers; Concrete pre-stressed structure under mancheq nikola 2.gxd s~ z<< DIVIJM Rte 1 18 -Northridge earthquake repair NIKOLA MANCHEV, of Hayvenhurst, Woodley, Haskell and P E Chatsworth bridges. Participated in Page 2 removal/ replacement of distressed Mission/Gothic bridge; Rte 1 10 - EQ retrofit of Arroyo Seco and two other bridges -South Pasadena. Foster Engineering Inc. Structure consultant to CALTRANS District 59 (OSC): Inspection and monitoring the schedules and construction methods for bridge construction, roadside structures, piledriving, retrofitting and strengthening, concrete and steel structures, prestressing, concrete sampling and testing. CALTRANS certified in concrete sampling and testing. Monitoring construction and CCO prepara- tion. File maintaining and shop drawing review/approval. Representative projects include: Rte 101 -Widen Ventura Freeway - inspector on 26 bridges total, 10 of them widened in the median or on the side, 8500 ft of new concrete retaining walls, 4 CMU soundwalls. Retrofit of the 101/405 Separation bridges in Sherman Oaks, six new soundwalls and surface drainage facili- ties in Boyle Heights. Tianskomplekt (Nigeria).Ltd. Street, bridges and culvert construction for the City of Abuja and City of Lagos, water supply for two new cities and road construction in the states of Lagos, Kaduna and Jos. Tionstroy Constnution Co. Construction Engineer. Major airport runway paving -dual track construction and electrification of 200 mile first-class railroad, steel and con- crete bridges (prestressed and segmen- tal). Construction of two 400 ft span river bridges and 70 mile dual railroad track. manchev, nikola 2.gxd Erection of the second stage of 450 ft TV tower, construction of recreation light rail park rides, city streets and infrastruc- tures. ~'~~~ .. y7 2~'i III. Support Personnel ~~`.~ ~_ ~~ •~. o.` '~. ~' „~ r «. r ~1 ~R!~1~MIM~ ~ " •rvC!'*t~Wi MmE~.::' ~ l f 1~1 ` ~~ MMII~ .:, ... .. .. k~. r ~~ ~. ~ ~ n ~+~.. „rw..~ .~ ~, 9 7 2 ~' "r' Orange Show Road Extension From Arrowhead Avenue to Tippecanoe Avenue DM.lM Support Personnel It is our full intent to provide the project manager with very capable and knowledgeable technical and admin- istrative support. While the degree, frequency and type of support will find its own level as the project pro- gresses, we want to make sure it is the "Right" support. 1. To assist in Roadway, Drainage and Utilities, we will call on Doug Goodman and Alan French. Both worked on the design. 2. In the area of bridges, we will call on Sohail Khan. Sohail was the designer of bath bridges. 3. For railroad interface and grade crossing issues, we will call on Ray Branstetter. Ray assisted during the design. He was also DMJM's project manager on the Preliminary Engineering for the Metrolink extension to Redlands. 4. For any cost/schedule control support, we will call on Tom Manley. ' Resumes of Goodman, French, Khan, Branstetter and Manley are included at the end of this section. If administrative support is required we will call on Alicia Ryan. Alicia served as the administrative assistant to ' the Resident Engineer on the construction management assignment for the Oceanside -San Diego Commuter Rail Project. ~_l ' 97 2r"r' 1 DMJM DOUGLAS L. GOODMAN, P.E. Roadway Design/Detours Education: B.S., Civil Engineering (California State Polytechnic University) Registered Civil Engineer. California: # C28500 Colorado: # 16519 goodm d5.gxd Mr. Goodman has over 23 years' experience in the civil engineering field. As a DM1M Senior Civil Engineer, he is responsible for PS&E on several projects. He has maintained close contact with advancements in the engineering profession by attending seminars and courses on topics of relevancy. He is computer literate and proficient in the application of CARD and COGO programs to project design, and spreadsheet and word processing programs to project documentation. During his career, Mr. Goodman has provided a wide range of ser- vices to both the private development com- munity as well as the public sector. His previ- ous positions include Project Manager, Branch Manager, and principal for other small and medium sized engineering/surveying firms in the Inland Empire. Project categories include all land development type projects, master planned communities, master sewer plans, master water plans, master storm drain plans, street and highway design, and commuter rail stations and appurtenances. RELEVANT PROJECT EXPERIENCE: • MCAS Miramar, San Diego, CA -Lead Orange Show Road Extension, City of San Bernardino -Design Engineer responsible to prepare improvement plans for 1.7 miles of a 4-lane major arterial from Arrowhead Ave. to Tippecanoe Ave. Project includes coordination of two bridge structures, traffic signals and inter- connects, many utility crossings, and 3,300 feet of new 16" water main. Dual sidewalks over entire length. Civil Engineer on three construction pack- ages totaling over 1,500 sheets. With a combined construction budget of about $40 million for facilities which required design and coordination of the following improvements: 29 buildings of various sizes, 25 acres parking and access includ- ing over one mile of sidewalks, 7,000 LF of new streets, new sewer & water sys- tems, new storm drain systems, service and maintenance facilities, mobile van pads, and utility coordination. Project requirements included Basis of Design reports, Specifications, Calculation reports, Response to Review Comments and QA/QC coordination. Responsible for leading the team towards successful completion of all deliverable items and interfacing with all disciplines involved in the project. Lomas Santa Fe Drive Grade Separation, for the North Country Transit District, Solana Beach, CA -Senior Civil Engineer for the preliminary and final design of 6,000 L.F. of depressed track, 6,000 L.F. of shoofly track, 1,000 L.F. platform and 500 L.F. temporary platform, 40,000 S.F. of sculptured/plantable walls, new Lomas Santa Fe Bridge over two main line tracks, Lomas Santa Fe Detour, two temporary and permanent pedestrian bridges, side- walks, curbs & gutter on all major streets crossing signal gates, Linear Park and Pacific Coast Highway coordination with the City of Solana Beach, major storm drain pipe and Pacific Ocean ouffall, 300,000 C.Y. of sand replenishment, con- taminated soil remediation, draft and final Environmental Impact Report, storm drainage, and utility coordination. Pedestrian bridges had capacity for carry- ing utilities. Handicap -accessible ramp spanned 30 vertical feet. Linear Park has serpentine pedestrian and bike path with aesthetic and nature/education focal points, park furniture and bus shelters. La Sierra Commuter Rail Station, Riverside County Transportation Commission, Riverside, CA - Design Engineer responsible to develop concep- tual plans for station facilities with several drainage issues to resolve. Site included coordination with large scale master com- munity plans for surrounding private developments. Project included sidewalks adjacent to parking and platform access. ~~ 2rf DMJM ALAN D. FRENCH, P.E. Civil Education: B.S., Civil Engineering, (California State Polytechnic University) A.S. Physical Science, (Chaffey College) A.A. General Education, (Chaffey College) Registered Civil Engineer. California: # C45702 Mr. French has 11 years of experience in civil engineering. His expertise is primarily in The fields of hydrology and hydraulics. Employed by DMJM for 6 years, he is currently responsible for the preparation of all hydraulic and hydro- logic reports and studies. Mr. French is familiar with various design standards and hydrology manuals. He is also familiar with the WSPG computer program. His is trained in the use of Intergraph In-Flow drain/sewer analysis and program, as well as Hydrain software package which includes hydrology and hydraulic pro- grams for pressure and gravity flows. In addition, Mr. French has designed a variety of municipal improvements including water and sewer systems, street improvements, and site grading plans. Prior to joining DMJM, he was employed by a local San Bernardino engineer- ing company in the position of design engineer. On the Oceanside to San Diego Commuter Rail Project, he has been involved in the site drainage and civil/utilities work including the 3000 L.F. storm drain design at the Fallbrook facility; similar responsibilities at the Stuart Mesa site; the civil/utility drainage aspects at the Las Pulgas and Del Mar sidings, Poinsetta Second Main, and three passenger stations; preliminary engineering for the Las Pulgas and Del Mar sidings, Poinsettia Second Main, and three passenger stations; preliminary engineer- ing for the Lomas Santa Fe Grade Separation; and studies related to the double tracking between Sorrento and Miramar. Professional experience includes: • Performed hydraulic calculations for 3000 L.F. of storm drain at the Fallbrook Maintenance Facility. Sizes of pipe ranged from 18" to 48". Designed 1000 L.F. of 8" sewer with two 8' lift stations. • Supervised and designed various drainage facilities ranging in size from 8" to 7' x 20' reinforced concrete pipe arch for Highway 71 showing calculations and recommenda- tions. • Performed geometric calculations to deter- mine the horizontal and vertical alignment of several miles of track for the Oceanside - San Diego Commuter Rail Project. • Assisted senior engineering staff in the development of conceptual site studies for various commuter rail stations sites. • Performed utility research and site investi- gations relating to site grading and street improvements. Performed hydraulic analysis of 200 L.F. of 8' x 20' box culvert with an interval energy dissipator for the Foothill Corridor in Orange County. Analysis included the application of the WSPG computer pro- gram. • Prepared a hydrological analysis of several sites to be used as commuter rail stations. Prepared run-off calculations and deter- mined sizes of several culverts and drainage structures. • Prepared construction documents for the connection of several storm drain pipes (18" to 48") to the Day Creek Flood Control Channel in Rancho Cucamonga, CA. Performed all necessary hydraulic calcula- tions for each connector pipe including inlet controls and water surface profiles. Analyzed storm water run-off characteris- tics for several residential subdivisions locat- ed in San Bernardino and Riverside coun- ties. Calculated street flow capacities, determined catch basin locations and sizes, and designed connector pipe sizes. Subdivisions were located in Chino Hills, Fontana, Victorville, and Banning encom- passing awide range of terrain, slope and soil properties. • Designed 1000 L.F. of 8" sewer for retire- ment home, plans included onsite lift sta- tion and 1000' of 4" force main in San Diego County. • Designed 8" water, 8" sewer, and 24" storm drain improvements for 40-Lot subdivision in the City of Fontana. • Supervised and designed 5 miles of 8" sewer and 8" water systems for 450-Lot subdivision in the City of Apple Valley in san Bernardino County. Including tempo- rary storage and pumping facility. • Designed 1000 L.F. of 8" sewer and 8" water for two 50-Lot subdivisions and a condominium project in the Chino Hills area. • Designed 2000 L.F. of 8" sewer, 8" water, and 24" storm drain fora 40-Lot subdivi- sion in the City of Banning which required 39" 1000 of storm drain. frenc_ab.azd 97 2i' i D M JM ALAN D. FRENCH, P.E. Page 2 • Designed 1000 L.F. of 60 "storm, 2000 L.F. of 8" sewer and 8" water line for a 700-Lot, and two 40-Lot subdivisions in the City of Vidorville, San Bernardino County. • Prepared severol preliminary alignment studies for the improvement of Orange Show Road in the City of San Bernardino. Studies indicated the impacts of three separate alignments on individual parcels and were used to develop costs associat- ed with each. • Performed fire flow analysis for sites located at the extremity of water district boundary, resulting in the design of an additional 3000 L.F of 10" water line. frenc ab.¢cd 1 yr 2~i 1 1 t 1 D M JM RAYMOND BRANSTETTER Railroad Coordination Education: B.S., Industrial Engineering, (University of California, Berkeley) brans_r4.gxd Mr. Branstetter brings to this project over 35 years of extensive railroad/commuter rail experience with a well proven record of accomplishments. This experience has been both in the public and private sectors and has included management, design, mainte- nance and construction. Mr. Branstetter has been with DMJM for 4 years. During this tenure he has performed and/or supervised a number of track oriented tasks on the Oceanside to San Diego Commuter Rail Project. Currently he serves as Project Manager for the preliminary engi- neering on Metrolink's San Bernardino - Redlands extension which includes 1 1 miles of track, 5 bridges, 3 stations and a layover facility. The majority of his rail career prior to joining DMJM has been with the Southern Pacific Railroad followed by a tenure in the employ of Frederick R. Harris serving the Southern California Regional Rail Authority on the Metrolink program. His experience prior to joining DMJM can be summarized as follows Frederick R. Hams Consukants Mr. Branstetter served as Senior Manager for rail engineering for the Metrolink system. He was coordinating, overseeing, and directing the reviews of designs for; track, bridges, sig- nals, and facilities; supporting the mainte- nance group to totally contrail "out source' the maintenance and operations. He also served as the primary point of contact for railroad construction and operation issues and the final review before documents were allowed to be advertised for construction. Among many others, some of the specific projects he was actively involved in include: • Development of design standards for tracks, grade crossings, and alignments • LA to Oceanside Track, Signal Improvements and Grade Separation • Claremont to San Bernardino Line Improvements • Highgrove Layover Facility and Station • Mission Tower Rehabilitation • San Bernardino Flyover Soledad Canyon Earthquake Track and Signal Improvements • Station Designs: San Bernardino, Norwalk, Burbank Airport, and Van Nuys • San Bernardino Station and Yard Alternatives During his tenure, on many occasions, he represented the Director and other engineer- ing managers at meetings with county, local and state agencies. He also was the desig- nated manager to coordinate plans with the freight railroads and was successful in acquiring approvals and fast-track perfor- mance from railroads and contractors. Southem Pacific Railroad Mr. Branstetter started his employ with the Railroad as an Assistant Engineer and follow- ing that has held successively increasing roles and responsibilities such as General Track Foreman, Assistant Division Engineer, Division Engineer and Regional Engineer. For virtually all of his career with the Southern Pacific, he was a member of the Engineering and Maintenance of Way Department. His last assignment in the employ of the Railroad was as Regional Engineer in the Western Region. He supervised a staff of 45 engineering technicians and administrators. His basic functions encompassed field engi- neering, right-of-way management, main- taining relations with adjacent property own- ers and public agencies, and analyzing func- tions of the four Division Engineering offices in order to improve service to department customers. Prior to that, he served for six years as Division Engineer in Southern California where he supervised the maintenance and construction of fixed Railway facilities. Prime emphasis of his work was on track recon- struction, budget and employee safety pro- grams and a program maintenance plan which removed most speed restrictions on Division main line tracks, while staying within budgetary restrictions. This assignment was preceded by a fifteen year tenure as an Assistant Division Engineer supervising track maintenance and construc- tion in Northern California and Oregon. He ' 97 27i D M JM RAYMOND BRANSTETTER Page 2 planned and implemented rehabilitation pro- grams for yard, branch, and mainline tracks. He developed policies and procedures for highway grade crossing rehabilitation projects. Revamped procedures which reduced random maintenance requirements and increased use of less expensive program maintenance. He developed and supervised vegetation control programs and assisted in numerous tunnel and drainage improvement projects. During his first 9 years with the Railroad, he participated in the design and construction of the Palmdale-Colton Cutoff, which is a 73- mile mainline bypass of the Los Angeles Basin. He assisted in earthwork balancing and general civil design; negotiations with var- ious utilities for protection of their facilities; land surveying; general railroad surveying; property description writing; track geometry measurement; and construction layout of the Roseville Diesel Facility. brans r4.gxd e7 27"r' ' Mr. Manley has 23 years of administration, THOMAS P. MANLEY management, and contract experience directly Project Control Specialist relevant to transportation projects. He possess- es excellent organizational and analytical skills, ' and has a very strong sensitivity to cost and Education: schedule control. B S /1969/E i i He is responsible for the project control, admin- . ng neer ng . istrative, and invoicing aspects of all projects performed by the DMJM San Bernardino ' Division office. He develops and maintains pro- ject-specific schedule, time, and cost control methods, forecast and trend reports, and tailor- ing automated information sources to both 1 client and DMJM requirements. Tom is well versed in spread sheet and schedul- ' ing programs including Primavera. As Project Control/Administration Manager, he provides project control services, such as: ' Monitoring costs and expenditures on all projects and advising all project managers weekly of the cost status of their projects, cost trends, and recommendations. • Monitoring schedules on all projects and constantly updating them in conjunction with progress input from project managers. Developing project specific cost control ' methods/spread sheets on large and com- plex projects which call for different than usual cost and trend reporting require- ments. Administering subcontracts and contract changes. ' Internal accounting, interfacing with cen- tral accounting in the firm's headquarters, preparing the monthly invoices to be sent ' out by the project managers, and constant- ly monitoring the receipt of payment from clients. ' During his tenure with DMJM, Mc Manley has also served as on-site construction manager for Rockwell International's $2 million Heavy Assembly Yard in San Bernardino, California. In this capacity he provided inspection for all phas- es of the project (tilt up warehouse, loading ' dock and canopy, and asphalt assembly/rail yard), as well as interface between the general contractor and all engineering disciplines including structural, electrical, civil, and archi- ' tectural. Other duties included project status- ing, shop drawing review, billing review, and change order review. He has also served as the manle_tt.Gxd r~~~t%i on-site construction manager for DMJM's $3.5 million Burbank Airport East Apron Modification Project, which included the construction of a 1/4-mile-long wood/steel structure concourse and associated aircraft parking/taxi apron. Duties were similar to those for the Rockwell Heavy Assembly Yard. y~ ~ ` ~' 1 97 2~"r' Oranqe Show Road Extension From Arrowhead Avenue to Tippecanoe Avenue DMJIVI t Total Hourly Cost ' The Request for Proposal states that "Additional support staff, such as engineers, plan checkers, clerical staff, are considered to be included in the hourly rate for the Resident Engineer." Accordingly, we are proposing a fully burdened hourly labor rate of $78 far our services. The above hourly rate is inclusive of routine direct reimbursable costs which are normally considered part of our overhead. It is not inclusive of any unanticipated project related direct reimbursable costs that might material- ize. Examples of these, among others, are paying for permits; paying for processing fees; travel to an out of town location for a regulatory or environmental agency meeting; purchase of a special piece of equipment; and the like. In any event, we would not incur these without the City's prior approval. IV-1 r 1 i I' y '7 ~.. ~~ ., ~ ' +' „~ rr rYn a {° i ~ • ..C . ti' r ',' R~~~ ~, '.. ~: ~~. i i ~~ • ~ 1 ~~_: :~ .^ ~ .. . .....,,,,,..~.._, - ~..a ~a t _. r 4 ' I~X d ~j' F~ y.YI 1 _ ~~ ~4~Fy y~jy~f ~ ~ =l~r 4 ~ r 4~ y 4r~s ~' yy~~'~~ tai `~ffiAl f \ ~ `4 ~` 4 ~ ~ 3+ `~: T ~' ~ ~ . t'Y~.. x. ~ •.* 1 1~ rY./~ } ' w, •~~ ~r~ ~ ` , ^'~' ~~°~} . ,~N/ S~ ' Orange Show Road Extension From Arrowhead Avenue to Tippecanoe Avenue D~V~J~VI ' Total Estimated Cost ' The contract documents, as advertised for bids, specified 460 work days for project completion. It is our under- standing that an addendum will be issued which will decrease this time period to 300 work days; hence the basis of 300 work days stated in the City's RFP. Given the above significant decrease of 160 work days (or equivalent 224 calendar days), we elected to con- duct a DMJM internal review of a possible construction schedule to get a better feel for staffing that might be required. We developed a tentative bar graph schedule (See Figure V-1) equating to about 390-395 work days. The only two elements shown are the bridges (which essentially are the "drivers"), the rest of the project ele- ments can be accommodated concurrently within this time period. Our review did not account for restrictions on construction in the Santa Ana River Channel during certain months of the year. What the above tells us is that even though 300 work days is feasible, it may require the contractor to use more crews, to perform more activities concurrently, and to work longer days and weekends. Therefore, it is likely that our RE would be occupied all 300 work days plus additional time. There are other significant factors that may impact the time of involvement actually required for the RE, such as: • The City will commit a senior staff member for 20% of his/her time. • The City will commit a full time inspector. • There will be rain days when no work is done. However, rain days serve as a great opportunity for the RE to catch up on "paperwork" • There may be approved time extensions due to weather. • There may be a slow start, which is somewhat typical on contracts; this could be offset by a "crunch" later. • There may be a project closeout period beyond the 300 days. • Who the contractor is, and his intended modus operandi. Given all the above factors and the diversity of the project activities, there will always be something going on. It is, therefore, prudent to take a conservative approach and say that the RE's services will be required for 300 work days. To this we add 15 work days of DMJM internal technical and administrative support (not duplicat- ing the RE), which brings the estimated total to 315 work days. At the hourly rate proposed in Section 4 of our proposal, this estimated cost equates to: 315 x 8 x $78 = $196,560. V-1 Cl"7 ~'•~ry ~ I ~ i j ~ i, Div i 1 I ~ N ~ ~ W ~ v a ~ a_ .. f ^ ~ a j ~ „ ~ ~ ~ ~ ~ ~ ~ ~ I ~ o JI i ~ ~ I a_ ~S LL IC O I y ~ N N' p N I I W.. . C7 ~ = v I ~ LL ~ ~ W f0 u. z o ~ z J Z g y om C... w. z I > (7 = g z a w ~ ~ g ~ ~ U y ~ . ~ N W. 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