HomeMy WebLinkAbout1997-2771
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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 This resolution is rescinded if the parties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.
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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.
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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 %
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DEVLIN %
ANDERSON x
MILLER x
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,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
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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:
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1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
EXHIBIT ~A~
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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.
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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.
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EXHIBIT 'A'
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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.
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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.
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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.
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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
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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
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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
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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:
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ENGINEER CITY
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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
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14. RESPONSIBILITIES OF PARTIES
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A. The Engineer may reasonably rely upon the accuracy of data
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rovided through the City or its agents without independent
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valuation.
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B. The City shall pay all costs of inspection and permit
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fees. Charges not specifically covered by the terms of this
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greement shall be paid as agreed by the parties hereto at the time
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such costs arise; but in no event shall the work to be performed
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ereunder cease as a consequence of any unforeseen charges unless
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y mutual written agreement of City and Engineer.
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C. All files, survey notes, correspondence, notes and other
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riginal documents are instruments of service and shall remain the
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roperty of City except where by law, precedent, or agreement these
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ocuments become private property. All such documents or records
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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
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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
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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
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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,
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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.
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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.
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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
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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
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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
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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.
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' 97 2i' i
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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
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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.
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III. Support Personnel
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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
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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.
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' 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
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