HomeMy WebLinkAbout1992-054
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1 RESOLUTION NO. 92-54
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH P & D TECHNOLOGIES RELATING TO THE
3 PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR
REHABILITATION OF SOUTH "E" STREET, FROM ORANGE SHOW ROAD TO MILL
4 STREET.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, an agreement with P & D Technologies relating to the
provision of professional engineering design services for the
rehabilitation of South "E" Street, from Orange Show Road to Mill
Street,
a copy of which agreement is attached hereto, marked
Exhibit "A" and 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.
SECTION 3.
This resolution is rescinded if the parties
to the agreement fail to execute it within sixty (60) days of the
passage of this resolution.
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1-23-92
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH P & D TECHNOLOGIES
RE~ATIN~ TO PROFESSIONAL ENGINEERING DESIGN SEEVICES FOR
REHABILITATION OF SOUTH "E" STREET.
92-54
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I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Cormnon Council of the City of San
3 Bernardino at a regular meeting thereof, held on the
4 17th day of February
, 1992, by the following vote, to-wit:
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
9 MAUDSLEY
10 MINOR
11 POPE-LUDLAM
AYES
NAYS
ABSTAIN
ABSENT
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12 MILLER
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day of
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(g~s~
The foregoing resolution is hereby approved this ;I~~
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"W.(R. H lcomb, Mayor
City of 'San Bernardino
February
, 1992.
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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Exhibit A
AGREEMENT FOR PROFESSIONAL SERVICES
4~L..
Th~s AGREEMENT is made and entered into this day of
1I11J1U.J..... , 1992, by and between the CITY OF SAN
BERNARDINO, California, a municipal corporation, hereinafter referred
to as the "CITY" and P & D Technologies, a California corporation,
hereinafter referred to as "ENGINEER".
WIT N E SSE T H
WHEREAS, city desires to obtain professional services to prepare
plans, specifications, estimates and construction documents for the
Rehabilitation of South "E" Street from Orange Show road to Mill
Street; and
WHEREAS, in order to develop, plans, specifications, estimates
and construction documents, it is necessary to retain the professional
services of a qualified engineering and consulting firm; and
WHEREAS, Engineer is qualified to provide said professional
services; and
WHEREAS, San Bernardino City Council has elected to engage the
services of Engineer upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
Services", and as contained in the proposal dated October 31, 1991, 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 within thirty (30) days
after the City has authorized work to start by issuance of a Notice to
Proceed. The scheduled completion dates specifically set forth in
Exhibit "2" attached hereto and incorporated herein as though set forth
in full, will be adjusted by Engineer as the City authorizes the work.
Such adjustments shall require City approval prior to commencement of
performance of each phase. This Agreement shall expire as specified by
the Exhibit "2" schedule unless extended by written agreement of the
parties.
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3.
STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in confor-
mance with Standard Specifications for Public Works Construction
(Greenbook) and the City of San Bernardino's Standard Drawings.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Servic-
es", 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 compen-
sation due Engineer for the change in scope. Any change which has not
been so incorporated shall not be binding on either party.
B. No extra services shall be rendered by Engineer under this
Agreement unless 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 "Schedule of Hourly Rates" dated
December 30. 1991 ,a copy of which is attached hereto as Exhibit
"4" and incorporated herein as though set forth in full.
5. COMPENSATION
A. The city shall reimburse the Engineer for actual costs
(including labor costs, employee benefits, overhead, profit, other
direct and indirect costs) incurred by the Engineer in performance of
the work, in an amount not to exceed $42.598.00 Actual costs shall
not exceed the estimated wage rates and other costs as set forth in
Exhibit "3", attached hereto and incorporated herein as though set
forth in full.
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
permitted when the Engineer
writing, that there has been,
total cost
establishes
or is to be,
of services will only be
and City has agreed, in
a significant change in:
1. Scope, complexity, or character of the services to be
performed;
2. conditions under which the work is required to be performed;
and
3. Duration of work if the change from the time period speci-
fied in the Agreement for Completion of the work warrants
such adjustment.
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C. The Engineer is required to comply with all Federal, state
and local laws and ordinances applicable to the work. The Engineer is
required to comply with prevailing wage rates in accordance with Calif-
ornia Labor Code section 1775.
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. All tasks as specified in Exhibit "1" shall be
completed prior to final payment.
B. Section 9-10 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 require-
ments 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.
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 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 appl icant 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
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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.
9. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon thirty
(30) days' written notice in the event of substantial failure of the
other party to perform in accordance with the terms of this Agreement.
Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure giving rise to such
notice. In the event of termination of this Agreement, City shall
within thirty (30) days pay Engineer for all the fees, charges and
services performed to City's satisfaction by Engineer, which finding of
satisfaction shall not be unreasonably withheld. Engineer hereby
covenants and agrees that upon termination of this Agreement for any
reason, Engineer will preserve and make immediately available to City,
or its designated representatives, maps, notes, correspondence, or
records related to work paid for by the City and required for its
timely completion, and to fully cooperate with city so that the work to
be accomplished under this Agreement may continue within forty-five
(45) days of termination. Any subsequent use of such incomplete
documents shall be at the sole risk of the City and the City agrees to
hold harmless and indemnify Engineer from any claims, losses, costs,
including Attorney's fees, and liability arising out of such use.
Engineer shall be compensated for such services in accordance with
Exhibit "4".
B. This agreement may be terminated for the convenience of the
city upon thirty (30) days written notice to Engineer. Upon such
notice, Engineer shall provide work product to city and City shall
compensate Engineer in the manner set forth above.
C. Following the effective date of termination of
Agreement pursuant to this section, the Agreement shall continue
all obligations arising from such termination are satisfied.
this
until
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, and 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 extension.
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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 in its own manner and in no respect shall
it be considered an agent or employee of 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 subcontracts
exceeding $10,000, shall contain all provisions of this contract.
13 . NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of Engineer and
City:
ENGINEER
CITY
P & D Technologies
650 East Hospitality Lane
suite 350
San Bernardino, CA 92408
Mr. Roger Hardgrave
Director of Public Works/
City Engineer
300 North "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data
provided through the city or its agents without independent evaluation.
B. The City shall pay all costs of inspection and permit fees.
Charges not specifically covered by the terms of this Agreement shall
be paid as agreed by the parties hereto at the time such costs arise;
but in no event shall the work to be performed hereunder cease as a
consequence of any unforeseen charges unless by mutual written agree-
ment of city and Engineer.
C. All tracings, survey notes, and other original documents are
instruments of service and shall remain the property of Engineer except
where by law, precedent, or agreement these documents become public
property. All such documents or records shall be made accessible to
City. Engineer shall maintain all records for inspection by the city,
State, or their duly authorized representatives for a period of three
(3) years after final payment. Engineer shall stamp and sign all
specifications, estimates, plans and engineering data furnished, and,
where appropriate, indicate registration number.
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15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the Construction Cost prepared by Engineer
represents his judgment as a design professional and is supplied for
the general guidance of the City. Since Engineer has no control over
the cost of labor and material, or over competitive bidding or market
conditions, Engineer does not guarantee the accuracy of such opinions
as compared to contractor bids or actual cost to the city.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Engineer for the
purpose of securing business. For breach or violation of this
warranty, City shall have the right to terminate this Agreement in
accordance with the clause permitting termination for cause and, at its
sole discretion, to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
17. HOLD HARMLESS CAUSE
A. Engineer hereby agrees to hold City, its elective and
appointive boards, officers, and employees, harmless from any liability
for damage orclaims for damage for personal injury including death, as
well as from claims for property damage, which may arise from Eng-
ineer'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 attor-
ney'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.
18. INDEMNITY
Engineer shall indemnify, defend and hold harmless City from and
against any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities, of, by, or with respect to
third parties, which arise solely from Engineer'S negligent performance
of services under this Agreement. Engineer shall not be responsible
for, and city shall indemnify, defend and hold harmless Engineer from
and against, any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities of, by or with respect to
third parties, which arise solely from the City's negligence. with
respect to any and all claims, demands, suits, actions, proceedings,
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judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities of, by or with respect to
third parties, which arise from the joint or concurrent negligence of
Engineer and City, each party shall assume responsibility in proportion
to the degree of its respective fault.
19. LIABILITY/INSURANCE
A. Engineer's liability to the city for injury or damage to
persons or property arising out of work performed by the City and for
which legal liability may be found to rest upon Engineer other than for
professional errors and omissions, will be limited to $1,000,000. For
any damage on account of any error, omission or other professional
negligence Engineer's liability, will be limited to a sum not to exceed
$50,000 or Engineer's fee, whichever is greater.
B. The city will require the Engineer to provide Workers
Compensation and comprehensive general liability insurance, including
completed operations and contractual liability, with coverage suffi-
cient 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 of insurance, in which the city is named as an additional
named insured to the extent of the coverage required by this Agreement.
20. VALIDITY
Should any provision herein be found or deemed to be invalid,
this Agreement shall be construed as not containing such provision, and
all other provisions which are otherwise lawful shall remain in full
force and affect, and to this end the provisions of this Agreement are
declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the parties hereto and 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: DESIGN SERVICES FOR REHABILITATION OF SOUTH "E" STREET
ORANGE SHOW ROAD TO MILL STREET
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.
RA~NE~rk
ATTEST:
CITY OF SAN BERNARDINO,
a municipal cor\~ation
B0~d )
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Valerie Pope-Ludlam, Mayor Pro Tem
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
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EXHIBIT 1
SCOPE OF WORK
Task 1. PRE-DESIGN MEETINGS
P&D Technologies will meet with the City of San Bernardino to refine the specific project scope
and client desires. The meeting will result in identification of key contacts, unresolved issues,
design constraints, a schedule and preferably a job walk with representatives from the City's
Engineering and Maintenance team.
Task 2. RESEARCH/FIELD REVIEW
A thorough search of available records will be conducted to acquire relevant data to assist in the
design of the project. The information accumulated will include as-built drawings, utility
information, right-of-way descriptions, and horizontal and vertical control data.
Task3. SURVEY
The P&D Project Team will provide the necessary existing survey information required to design
the project including topographical features and cross section data. As discussed with the City, --
P&D will survey from north of the Orange Show Road intersection to south of the Mill Street
intersection, but will not survey the two major intersections. Cross sections will be taken at
50 foot intervals for the length of the project from curb to curb only. The only survey
information collected in the parkway area will be the horizontal location of the driveways and
the existing street signs. Cross section and topo data on the intersecting streets will only extend
to the curb returns. Construction surveying and resetting of monuments after construction are
not included in our scope of services.
Task 4. UTILITY COORDINATION
The utility companies will be notified of the proposed project and the location of facilities within
the project limits will be requested. Coordination with the utilities will continue throughout the
design of the project. A copy of the utility file will be provided to the City.
Task S. PAVEMENT EVALUATION
The P&D Project Team will take four core samples to a maximum depth of four feet. One
sample will be taken in each travel lane. Laboratory testing will be performed to determine the
R- Value of the samples. Using the core data and subgrade soil conditions, a component analysis
will be made to determine if the current structural section meets the design criteria.
Recommendations will be based on general field observations and the "average" conditions or
"worse case" conditions encountered, which could result in conservative recommendations. No
pavement deflection testing will be performed.
Task 6. STREET IMPROVEMENTS
Forty-scale plan and profile street improvement plans will be prepared for South "E" Street from
Orange Show Road to Mill Street. Based on our discussions with the City, we have assumed
that all existing curb and gutter is in good condition and will not be reconstructed. However,
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short reaches of obvious drainage problems will be addressed and corrected on the plans.
Plotted cross sections will be prepared to ensure adequate cross-fall and joins. Cross sections
will not be prepared in a format appropriate for inclusion in the plan set. We are anticipating
a title/detail sheet, and five plan sheets. The various construction techniques that will be utilize
don thejob (cold plane, overlay, reconstruct) will be delineated by various types of shading and
through the use of a legend.
Task 7. STRIPING PLANS
Forty-scale double plan format signing and striping plans will be prepared for the length of the
project. The plans will reflect existing striping and signing without any revisions. Striping
plans shall show sidewalk, driveway approaches, median islands and all other existing
improvements that affect turning movements. Separate traffic control/detour plans are not
included in our scope of services. However, traffic control during construction will be
adequately addressed in the specifications.
Task 8. COST ESTIMATES
Preliminary cost estimates will be prepared for the proposed improvements and included with
the first plan check submittal. Final construction cost estimates will be prepared based on the
final improvement plans. Prepared forms with quantities will also be part of the specification h
preparation.
As a part of this effort, P&D will do an analysis of the reconstruction methods identified in the
materials report to determine the relative costs of the procedures as well as other advantages and
disadvantages of each method.
Task 9. SPECIFICATIONS
Standard specifications will be prepared for the project based on the standard Specifications for
public Works Construction for roadway construction and based on Caltrans specifications for
traffic issues. City will provide sample format of specification to be used as a guide.
Task 10. MEETINGS
Progress prints will be delivered to the City at each status meeting to allow the City to review
the progress made during the preceding period. P&D will attend the following meetings with
the City:
· Pre-design meeting
· Two (2) status meetings
. Final submittal meeting
. Such other working meetings deemed necessary to complete the work and as
requested by P&D
P&D will provide three sets of plans and specifications for each City Review.
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SERVICES SlJPPJ.Tli'.D BY CITY
The City of San Bernardino will be responsible for assisting the Engineer in obtaining the
following:
1. All available existing data, information, reports and maps available in City files for
existing improvements and information on City-owned utilities.
2. All required copies of plans and specifications for the project bid documents.
3. All necessary environmental documentation for the project.
4. Sample specifications for similar projects including City boilerplate.
5. Blank mylar with City title block.
6. Standard City title sheet.
7. Pothole information, if needed and not provided by utility owners.
8. Pavement coring data and deflection testing.
EXCLUSIONS
Specifically excluded from the services to be performed under the provisions of this proposal
are the following:
1. Any services related to right-of-way acquisition.
2. Modifications to the existing traffic signals (except preservation or replacement of
damaged traffic loop detectors).
3. Landscape and irrigation plans.
4. Construction administration.
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EXHIBIT 2
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P & D TECHNOLOGIES
SCHEDULE OF FEES
3O-Dec-91
I PRINCIPALS : I
PRINCIPAL-iN-CHARGE
$ / HOUR
$150
LABOR CHARGE RATES
IENVlRONMENTAL; I
PROJECT ENVIR. ANALYST
SR. ENVIR. ANALYST/SPECIAUST
ENVIR. ANAL YST/SPECIAUST
SR. RESEARCHER
RESEARCHER
$120
$/HOUR
$100
$85
$75
$65
$55
I PROJ. MANAGERS; I
SR PROJECT MANAGER
I ENGINEERS;
PROJECT ENGINEER
SR. ENGINEER
ENGINEER
DESIGN ENGINEER
SR. DESIGNER
DESIGNER
SR. DRAFTER/CADD OPER.
DRAFTERlCADD OPER.
ENGINEERING TECHNICIAN
$100
$90
$80
$65
$80
$65
$65
$50
$40
ITRANSP. PLANNERS; I
PROJECT TRANSP. PLANNER
SR. TRANSP. PLANNER
TRANSP. PLANNER
TRANSP. SYSTEM ANALYST
TRANSP. TECHNICIAN
$100
$90
$70
$60
$40
I PLANNERS;
PROJECT PLANNER
SR. PLANNER
PLANNER
SR. PLANNING TECHNICIAN
PLANNING TECHNICIAN
IECONOMISTS :
SR. ECONOMIST
ECONOMIST
ECONOMIC ANALYST
$120
$95
$65
$100
$90
$80
$70
$45
I LANDSCAPE ARCHITECTS;
PROJECT LAND. ARCHITECT
SR. LAND. ARCHITECT
LAND. ARCHITECT
STAFF LAND. ARCHITECT
$100
$90
$75
$60
I OTHER STAFF:
WORDPROCESSING
REPORT PREP./EDITING
PROJECT CONTROL
$55
$50
$55
I GRAPHICS:
SR. GRAPHICS
GRAPHICS
$65
$50
REIMBURSABLE EXPENSES I
HANDUNG FEE .
MILEAGE
REPRODUCTION SINGLE SIDED
REPRODUCTION TWO SIDED
15.00%
$0.25/MILE
$0.05/COPY
$0.07/COPY
VISUAL SIMULATION /HOUR
CADD/COMPUTER TIME /HOUR
DEUVERIES /HOUR
REPRODUCTION 11 X 17 /COPY
$25
$25
$30
$0.20
'INCLUDES REPOFfT PRINTlNGlREPRODUCnON. GRAPHIC AIDS. TRAVEL(AIRFARE.MEALS.ErC.). FEES BY GOVERNING BODIES.
COMPUTER SERVICES. PHOTOGRAPHY. SUBCONTRACT SERVICES. POSTAGE. TELEPHONE;FAX AND DEUVERY.
ACCOUNTS ARE DUE AND PAYABLE WITHIN 30 DAYS OF THE DATE OF THE INVOICE. PAST DUE ACCOUNTS WILL HAVE
A FINANCE CHARGE OF I.~ PER MONTH COMPOUNDED.
ALL RATES MAYBE SUBJECT 10 CHANGE AT SUCH nME AS ADJUSTMENTS ARE MADE AS A RESULTOF AGREEMENTS.
SALARY AD.AJSTMENTS AND INCREASED BUSINESS EXPENSES. I RATES EFFECTIVE THRU: IZISIM
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of
, 1992, by and between the CITY OF SAN
BERNARDINO, California, a municipal corporation, hereinafter referred
to as the "CITY" a.nd P & D Technologies, a California corporation,
hereinaft.er referred to as "ENGINEER".
WIT N E SSE T H
WHEREAS, City desires to obtain professional services to prepare
plans, specifications, estimates and construction documents for the
Rebabilitation of South "E" Street from Orange Show road to Mill
st.reet; and
WHEREAS, in order to develop, plans, specifications, estimates
and construction documents, it is necessary to retain the professional
services of a qualified engineering and consulting firm; and
WHEREAS, Engineer is qualified to provide said professional
services; and
WHEREAS, San Bernardino City Council has elected to engage the
services of Engineer upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
Services", and as contained in the proposal dated October 31, 1991, 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 within thirty (30) days
after the City has authorized work to start by issuance of a Notice to
Proceed. The scheduled completion dates specifically set forth in
Exhibit "2" attached hereto and incorporated herein as though set forth
in full, will be adjusted by Engineer as the City authorizes the work.
Such adjustments shall require City approval prior to commencement of
perfOTl1Hl.l1C", of each phase. This AgreelGont. shall expire as specified by
the Exhibit "?" schedule unless exttHl<:kd by written agreement of the
parties.
1
3. STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in confor-
mance with Standard specifications for Public Works Construction
(Greenbook) and the City of San Bernardino's Standard Drawings.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Servic-
es", 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 compen-
sation due Engineer for the change in scope. Any change which has not
been so incorporated shall not be binding on either party.
B. No extra services shall be rendered by Engineer under this
Agreement unless 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 "Schedule of Hourly Rates" dated
December 30. 1991 , a copy of which is attached hereto as Exhibit
"4" and incorporated herein as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Engineer for actual costs
(including labor costs, employee benefits, overhead, profit, other
direct and indirect costs) incurred by the Engineer in performance of
the work, in an amount not to exceed $42.598.00 Actual costs shall
not exceed the estimated wage rates and other costs as set forth in
Exhibit "3", attached hereto and incorporated herein as though set
forth in full.
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
permitted when the Engineer
writing, that there has been,
total cost
establishes
or is to be,
of services will only be
and city has agreed, in
a significant change in:
1. Scope , complexity, or character of the services to be
performed;
2. Condi tions under which the work is required to be performed;
and
3. Duration of work if the change from the time period speci-
fied in the Agreement for Completion of the work warrants
such adjustment.
2
, .
C. The Engineer is required to comply with all Federal, state
and local laws and ordinances applicable to the work. The Engineer is
required to comply with prevailing wage rates in accordance with Calif-
ornia Labor Code Section 1775.
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. All tasks as specified in Exhibit "1" shall be
completed prior to final payment.
B. section 9-10 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 require-
ments 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.
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 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
3
, '
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.
9. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon thirty
(30) days' written notice in the event of substantial failure of the
other party to perform in accordance with the terms of this Agreement.
Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure giving rise to such
notice. In the event of termination of this Agreement, city shall
within thirty (30) days pay Engineer for all the fees, charges and
services performed to City's satisfaction by Engineer, which finding of
satisfaction shall not be unreasonably withheld. Engineer hereby
covenants and agrees that upon termination of this Agreement for any
reason, Engineer will preserve and make immediately available to City,
or its designated representatives, maps, notes, correspondence, or
records related to work paid for by the City and required for its
timely completion, and to fully cooperate with City so that the work to
be accomplished under this Agreement may continue within forty-five
(45) days of termination. Any subsequent use of such incomplete
documents shall be at the sole risk of the City and the City agrees to
hold harmless and indemnify Engineer from any claims, losses, costs,
including Attorney's fees, and liability arising out of such use.
Engineer shall be compensated for such services in accordance with
Exhibit "4".
B. This agreement may be terminated for the convenience of the
City upon thirty (30) days written notice to Engineer. Upon such
notice, Engineer shall provide work product to city and City shall
compensate Engineer in the manner set forth above.
C. Following the effective date of termination of
Agreement pursuant to this section, the Agreement shall continue
all obligations arising from such termination are satisfied.
this
until
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, and 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 extension.
4
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 in its own manner and in no respect shall
it be considered an agent or employee of 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 subcontracts
exceeding $10,000, shall contain all provisions of this contract.
13. NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of Engineer and
City:
ENGINEER
CITY
P & 0 Technologies
650 East Hospitality Lane
suite 350
San Bernardino, CA 92408
Mr. Roger Hardgrave
Director of Public Works/
City Engineer
300 North "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data
provided through the City or its agents without independent evaluation.
B. The City shall pay all costs of inspection and permit fees.
Charges not specifically covered by the terms of this Agreement shall
be paid as agreed by the parties hereto at the time such costs arise;
but in no event shall the work to be performed hereunder cease as a
consequence of any unforeseen charges unless by mutual written agree-
ment of City and Engineer.
C. All tracings, survey notes, and other original documents are
instruments of service and shall remain the property of Engineer except
where by law, precedent, or agreement these documents become public
property. All such documents or records shall be made accessible to
City. Engineer shall maintain all records for inspection by the City,
State, or their duly authorized representatives for a period of three
(3) years after final payment. Engineer shall stamp and sign all
specifications, estimates, plans and engineering data furnished, and,
where appropriate, indicate registration number.
5
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the Construction Cost prepared by Engineer
represents his judgment as a design professional and is supplied for
the general guidance of the City. Since Engineer has no control over
the cost of labor and material, or over competitive bidding or market
conditions, Engineer does not guarantee the accuracy of such opinions
as compared to contractor bids or actual cost to the City.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Engineer for the
purpose of securing business. For breach or violation of this
warranty, City shall have the right to terminate this Agreement in
accordance with the clause permitting termination for cause and, at its
sole discretion, to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
17. HOLD HARMLESS CAUSE
A. Engineer hereby agrees to hold city, its elective and
appointive boards, officers, and employees, harmless from any liability
for damage orclaims for damage for personal injury including death, as
well as from claims for property damage, which may arise from Eng-
ineer'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 attor-
ney'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.
18. INDEMNITY
Engineer shall indemnify, defend and hold harmless City from and
against any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities, of, by, or with respect to
third parties, which arise solely from Engineer's negligent performance
of services under this Agreement. Engineer shall not be responsible
for, and City shall indemnify, defend and hold harmless Engineer from
and against, any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities of, by or with respect to
third parties, which arise solely from the City's negligence. With
respect to any and all claims, demands, suits, actions, proceedings,
6
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities of, by or with respect to
third parties, which arise from the joint or concurrent negligence of
Engineer and City, each party shall assume responsibility in proportion
to the degree of its respective fault.
19. LIABILITY/INSURANCE
A. Engineer's liability to the City for injury or damage to
persons or property arising out of work performed by the City and for
which legal liability may be found to rest upon Engineer other than for
professional errors and omissions, will be limited to $1,000,000. For
any damage on account of any error, omission or other professional
negligence Engineer's liability, will be limited to a sum not to exceed
$50,000 or Engineer's fee, whichever is greater.
B. The City will require the Engineer to provide Workers
Compensation and comprehensive general liability insurance, including
completed operations and contractual liability, with coverage suffi-
cient 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 of insurance, in which the City is named as an additional
named insured to the extent of the coverage required by this Agreement.
20. VALIDITY
Should any provision herein be found or deemed to be invalid,
this Agreement shall be construed as not containing such provision, and
all other provisions which are otherwise lawful shall remain in full
force and affect, and to this end the provisions of this Agreement are
declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the parties hereto and 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.
IIII
IIII
IIII
IIII
IIII
IIII
IIII
IIII
IIII
IIII
7
AGREEMENT: PROFESSIONAL ENGINEERING DESIGN SERVICES
;
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.
l. . (/-
~{vt~L/ !r//t'C/~
j
ATTEST:
By: /
L
P & D TECHNOLOGIES
(EN~INE~R)
~~[::_( /i;",
pr~ident
ATTEST:
CITY OF SAN BERNARDINO,
a municipal corporation
Rachel Krasney, City Clerk
By:
W. R. Holcomb, Mayor
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By:
8
EXHmIT 1
SCOPE OF WORK
Task 1. PRE-DESIGN MEETINGS
P&D Technologies will meet with the City of San Bernardino to refine the specific project scope
and client desires. The meeting will result in identification of key contacts, unresolved issues,
design constraints, a schedule and preferably a job walk with representatives from the City's
Engineering and Maintenance team.
Task 2. RESEARCH/FIELD REVIEW
A thorough search of available records will be conducted to acquire relevant data to assist in the
design of the project. The information accumulated will include as-built drawings, utility
information, right-of-way descriptions, and horizontal and vertical control data.
Task 3. SURVEY
The P&D Project Team will provide the necessary existing survey information required to design
the project including topographical features and cross section data. As discussed with the City,
P&D will survey from north of the Orange Show Road intersection to south of the Mill Street
intersection, but will not survey the two major intersections. Cross sections will be taken at
50 foot intervals for the length of the project from curb to curb only. The only survey
information collected in the parkway area will be the horizontal location of the driveways and
the existing street signs. Cross section and topo data on the intersecting streets will only extend
to the curb returns. Construction surveying and resetting of monuments after construction are
not included in our scope of services.
Task 4. UTILITY COORDINATION
The utility companies will be notified of the proposed project and the location of facilities within
the project limits will be requested. Coordination with the utilities will continue throughout the
design of the project. A copy of the utility file will be provided to the City.
Task 5. PAVEMENT EVALUATION
The P&D Project Team will take four core samples to a maximum depth of four feet. One
sample will be taken in each travel lane. Laboratory testing will be performed to determine the
R- Value of the samples. Using the core data and subgrade soil conditions, a component analysis
will be made to determine if the current structural section meets the design criteria.
Recommendations will be based on general field observations and the "average" conditions or
"worse case" conditions encountered, which could result in conservative recommendations. No
pavement deflection testing will be performed.
Task 6. STREET IMPROVEMENTS
Forty-scale plan and profile street improvement plans will be prepared for South "E" Street from
Orange Show Road to Mill Street. Based on our discussions with the City, we have assumed
that all existing curb and gutter is in good condition and will not be reconstructed. However,
I
short reaches of obvious drainage problems will be addressed and corrected on the plans.
Plotted cross sections will be prepared to ensure adequate cross-fall and joins. Cross sections
will not be prepared in a format appropriate for inclusion in the plan set. We are anticipating
a title/detail sheet, and five plan sheets. The various construction techniques that will be utilize
don the job (cold plane, overlay, reconstruct) will be delineated by various types of shading and
through the use of a legend.
Task 7. STRIPING PLANS
Forty-scale double plan format signing and striping plans will be prepared for the length of the
project. The plans will reflect existing striping and signing without any revisions. Striping
plans shall show sidewalk, driveway approaches, median islands and all other existing
improvements that affect turning movements. Separate traffic control/detour plans are not
included in our scope of services. However, traffic control during construction will be
adequately addressed in the specifications.
Task 8. COST ESTIMATES
Preliminary cost estimates will be prepared for the proposed improvements and included with
the first plan check submittal. Final construction cost estimates will be prepared based on the
final improvement plans. Prepared forms with quantities will also be part of the specification
preparation.
As a part of this effort, P&D will do an analysis of the reconstruction methods identified in the
materials report to determine the relative costs of the procedures as well as other advantages and
disadvantages of each method.
Task9. SPEC~CATIONS
Standard specifications will be prepared for the project based on the standard Specifications for
public Works Construction for roadway construction and based on Caltrans specifications for
traffic issues. City will provide sample format of specification to be used as a guide.
Task 10. MEETINGS
Progress prints will be delivered to the City at each status meeting to allow the City to review
the progress made during the preceding period. P&D will attend the following meetings with
the City:
· Pre-design meeting
· Two (2) status meetings
· Final submittal meeting
. Such other working meetings deemed necessary to complete the work and as
requested by P&D
P&D will provide three sets of plans and specifications for each City Review.
2
SERVICES SUPPLIED BY CITY
The City of San Bernardino will be responsible for assisting the Engineer in obtaining the
following:
1. All available existing data, information, reports and maps available in City files for
existing improvements and information on City-owned utilities.
2. All required copies of plans and specifications for the project bid documents.
3. All necessary environmental documentation for the project.
4. Sample specifications for similar projects including City boilerplate.
5. Blank mylar with City title block.
6. Standard City title sheet.
7. Pothole information, if needed and not provided by utility owners.
8. Pavement coring data and deflection testing.
EXCLUSIONS
Specifically excluded from the services to be performed under the provisions of this proposal
are the following:
1. Any services related to right-of-way acquisition.
2. Modifications to the existing traffic signals (except preservation or replacement of
damaged traffic loop detectors).
3. Landscape and irrigation plans.
4. Construction administration.
3
EXHIBIT 2
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EXHIBIT 4
.
..
P & D TECHNOLOGIES
SCHEDULE OF FEES
30-Dec-91
I PRINCIPALS: I
PRINCIPAL-IN-CHARGE
$/HOUR
$150
LABOR CHARGE RATES
IENVIRONMENTAL : I
PROJECT ENVIR. ANALYST
SR. ENVIR. ANALYST/SPECIALIST
ENVIR. ANALYST/SPECIALIST
SR. RESEARCHER
RESEARCHER
IPROJ. MANAGERS: I
SR PROJECT MANAGER
$120
$/HOUR
$100
$85
$75
$65
$55
ISNdfNESf{$:
PROJECT ENGINEER
SR. ENGINEER
ENGINEER
DESIGN ENGINEER
SR. DESIGNER
DESIGNER
SR. DRAFTER/CADD OPER.
DRAFTER/CADD OPER.
ENGINEERING TECHNICIAN
$100
$90
$80
$65
$80
$65
$65
$50
$40
ITRANSP. PLANNERS: 1
PROJECT TRANSP. PLANNER
SR.TRANSP.PLANNER
TRANSP. PLANNER
TRANSP. SYSTEM ANALYST
TRANSP. TECHNICIAN
$100
$90
$70
$60
$40
IECONOMISTS :
SR. ECONOMIST
ECONOMIST
ECONOMIC ANALYST
$120
$95
$65
IPLANNERS:
PROJECT PLANNER
SA. PLANNER
PLANNER
SR. PLANNING TECHNICIAN
PLANNING TECHNICIAN
$100
$90
$80
$70
$45
I LANDSCAPE ARCHITECTS:
PROJECT LAND. ARCHITECT
SA. LAND. ARCHITECT
LAND. ARCHITECT
STAFF LAND. ARCHITECT
$100
$90
$75
$60
IOTHER STAFF:
WORDPROCESSING
REPORT PREP./EDITING
PROJECT CONTROL
$55
$50
$55
I GRAPHICS:
SR. GRAPHICS
GRAPHICS
$65
$50
REIMBURSABLE EXPENSES I
HANDLING FEE *
MILEAGE
REPRODUCTION SINGLE SIDED
REPRODUCTION TWO SIDED
15.00 %
$0.25/MILE
$0.05/COPY
$0.07/COPY
VISUAL SIMULATION /HOUR
CADD/COMPUTER TIME /HOUR
DELIVERIES /HOUR
REPRODUCTION 11 X 17/COPY
$25
$25
$30
$0.20
'INCLUDES REPORT PRINTING/REPRODUCTION. GRAPHIC AIDS. TRAVEL(AIRFARE.MEALS,ETC.), FEES BY GOVERNING BODIES,
COMPUTER SERVICES, PHOTOGRAPHY. SUBCONTRACT SERVICES. POSTAGE, TELEPHONE/FAX AND DELIVERY.
ACCOUNTS ARE DUE AND PAYABLE WITHIN 30 DA YS OF THE DATE OF THE INVOICE. PAST DUE ACCOUNTS WILL HAVE
A FINANCE CHARGE OF 1.2596 PER MONTH COMPOUNDED.
ALL RATES MA YBE SUBJECT TO CHANGE AT SUCH TIME AS ADJUSTMENTS ARE MADE AS A RESUL TOF AGREEMENTS,
SALARY ADJUSTMENTS AND INCREASED BUSINESS EXPENSES. I RATES EFFECTIVE THRU: 12/31/92