HomeMy WebLinkAbout1992-056
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RESOLUTION NO. 92-56
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING
EXECUTION OF AN AGREEMENT WITH C G ENGINEERING RELATING TO
PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES
REHABILITATION OF RED LANDS BOULEVARD FROM HUNTS LANE TO
EASTERLY CITY LIMITS.
THE
THE
FOR
THE
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION I.
The Mayor of the City of San Bernardino is
hereby authorized and directed to execute, on behalf of said
City, an agreement with C G
Engineering relating to the
provision
professional
of
engineering design services
for the
rehabilitation of Redlands Boulevard, from Hunts Lane to the
easterly City Limits, 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
is
fully
agreement
executed and no oral agreement relating thereto shall be implied
or authorized.
SECTION 3.
This resolution is rescinded if the parties
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH ( G . .ENGINEERING
RELATING TO PROFESSIONAL ENGINEERING DESIGN SERVICES FOR
REHABILITATION OF REDLANDS BOULEVARD.
92-56
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I HEREBY CER'rIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at regular
a
4 17th day of February
5 Council Members:
6 ESTRADA
7 REILLY
8 HERNANDEZ
meeting thereof, held on the
, 1992, by the following vote, to-wit:
AYES
NAYS
ABSTAIN
ABSENT
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x
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I-IAUDSLEY
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MINOR
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POPE-LUDLAM
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MILLER
R(ji~ne~
The foregoing resolution is hereby approved this /~~
February
day of
, 1992.
/
- ,.
Approved as to form
and legal content:
James F. Penman
City Attorney
By ~~;rr-
o
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City of San Bernardino Res. 92-56
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This
MI!Jl.N.h.
BERNARDINO,
to as the
hereinafter
AGREEMENT FOR PROFESSIONAL SERVICES
AGREEMENT is made and entered into this ~ day of
, 1992, by and between the CITY OF SAN
California, a municipal corporation, hereinafter referred
"CITY" and C G Engineering, a California corporation,
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 Redlands Blvd., from Hunts Lane to the easterly City
limits; 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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92-56
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
Januarv 13. 1992 ,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 $25.007.00 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.
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92-56
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 "I" 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
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92-56
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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92-56
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
C G Engineering
25814 Business Center Drive, suite A
Redlands, CA 92374
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.
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92-56
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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92-56.
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: ENGINEERING DESIGN SERVICES FOR REHABILITATON OF REDLANDS
BOULEVARD
92-56
IN WITNESS WHEREOF, the
to be executed on the date
officers on their behalf.
ATTEST:
J2~~
"--'
A)proved as to form
a~d legal content:
JAMES F. PENMAN
city Attorney
Byf~' tP~,
parties hereto have caused this Agreement
written above by their duly authorized
C G ENGINEERING (ENGINEER)
B~;e"~
President
CITY OF SAN BERNARDINO,
a municipal co.J;:poration
BY(:~~~ )
Valerie Pope-Lu .lam, Mayor Pro Tem
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1 .~l : ; 1
t: ,~ '~ .'1 :: I:. .;... '.J
;: .1
92-56
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EXHIBIT "I"
PHASE I
Data Gathering and Evaluation
* Field review paving rehabilitation area
* The City will provide design traffic index to C G
Engineering
* Cole Surveying to tie out monuments, manholes and water
valve covers
* Conduct deflection testing and perform soils sampling and
testing (if necessary)
* Coordinate with Cal-West for any soils sampling design
* Evaluate various rehabilitation methods
* The city will provide photo negatives of the rehabilitation
area to C G Engineering to be used for base plans.
Field Survey, Base Mapping and Design
* Meet with City to discuss timing, phasing and
coordination with the traffic signal and sewer extensions
in Redlands Boulevard
* Notify Caltrans of proposed rehabilitation and schedules
established by City of San Bernardino
* Order photo mylar strip base map based on photo negatives
provided by the City
* Design plan for remuvals and rehabilitation
* Coordinate with utility cow-parties
* Meet with City at 30% and 75% completion of design plans
* Prepare specifications and construction estimates
* Coordinate with Caltrans for construction timing
92-56
EXHIBiT 2
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92-56
EXHIBIT 3
EXHIBIT 4
EXHIBIT "B"
COST ESTIMATE
Work Item Principle Project Designer Draftsman Clerical Total
Engineer Manager Cost
$132.00 $97.00 $68.00 $49.00 $30.00
Phase I
1 Field Review 4 4 $ 660.00
2 Evaluate 12 6 1,572.00
Rehabilitation
Methods
3 Order Strip of 1 4 369.00
Photo Mylars
4 Order Surveys 2 136.00
5 Review Existing 2 4 466.00
Profile and
Cross Sections
Phase II
301. 00
6 utility Mapping 1 3
7 Design Plan 3 40 40 4,971.00
8 Title Sheet 4 10 762.00
9 Prepare 10 28 10 4,084.00
Specifications
Estimates
10 City/Caltrans 8 13 24 1,660.00
Coordination
11 Quality Assurance 12 1,584.00
TOTAL $ 16,565.00
SUBCONSULTANTS
Cole Surveying
Pictoral Sciences
Cal-West
$ 2,328.00
800.00
5,314.00
900005.00
011334(64,1sv)
92-56 .
J:AL
WEST
CONSTRUCTION MATERIALS ENGINEERS
TESTING & INSPECTION
JAN 1 3 1992
\~I CG ENGINEERING
Ronald F. Carducci, P.E.
Jerry Bland
January 10, 1992
C G Engineering
25814 Business Center Drive, Suite A
Redlands, CA 92374-2835
ATIN:
RE:
Mr. Bob Schoenborn
City of San Bernardino
Redlands Boulevard Rehabilitation
Hunts Lane to Easterly City Umit Line
Revised Proposal
Dear Bob:
At your request, we have revised our proposal to provide materials and ~eotechnical
engineering services for the Redlands Boulevard Project. This revision IS based on a more
clearly defined scope of services received at a meeting with the City of San Bernardino.
CAL-WEST Consultants' approach to this project would be to obtain from your office
copies of the design base maps for the project. We would then perform a field review of
the project noting on the plans locations of specific distress areas and any areas which need
to be completely removed and replaced.
A review of appropriate existing records at your office and at the office of the City of San
Bernardino would be made. At your office we would review your IDes relative to the data
obtained on the Redlands Boulevard Project in the city of Loma Linda. At the City of San
Bernardino, we will review information contained in the storm drain and sewer projects
that were recently completed on Redlands Boulevard, R-values the City has on file from
tests performed in the area of Redlands Boulevard and deflection testing available from
streets in the general area.
We would then analyze all information obtained from our field reviews and reviews .of
existing data. Based upon this analysis, if additional field information is needed, it would
be performed at this time. This additional information coule include cores of the pavment
at specific locations. All cores would be used to determine structural section thicknesses
and at some locations we would sample subgrade soils for R-value testing.
In our office, we would analyze all of our data in accordance with the Asphalt Institute
Methods for Asphalt Overlays for Highways and Street Rehabilitation. Based upon this
analysis, we would prepare recommendations for rehabilitation of Redlands Boulevard.
These recommendations could include new pavement construction in areas of severe
deterioration and rehabilitation methods in other areas. A preliminary review of the site
indicates that rehabilitation methods would be al?plicable over a majority of the project. In
our rehabilitation recommendations, we would give consideration to:
CAL-WEST Consultants
12210 MICHIGAN AVE. . SUITE 26' GRAND TERRACE, CA 92324-5476
Phone (7141824-1777 . FAX {7141783-3608
92-56
EAL-
WEST
C G Engineering
Page 2
January 10, 1992
1. Crack seal and overlay.
2. Grind and overlay.
3. Using a paving fabric with items 1 and 2.
4. Heater-scarification and overlay.
5. Stress absorbing membrane interlayer (SAMI) and overlay.
6. In-place hot recycling.
7. In-place cold recycling.
We would recommend that there be a brief meeting at the start of the project with all
involved, and then once our basic field work and office analysis is completed, that there be
a meeting with the City in order to discuss the results of our an~~ and the alternates
being presented. Following this meeting, we would complete a report to your office
suitable for completion of the design of the project.
Attached is a revised cost estimate for this project.
We hope this information is sufficient for your needs at this time. H you have any
questions. please contact this office.
Very truly yours.
~<r~
Ronald F. Carducci, P.E.
President
RFC:sls/1316B.PRP
Attachment
92-56
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CAl-WEST CO~SULTANTS I CLIE~T:C G Engineering, Inc.
CONST~UCTION MATERIALS ENGINEERS!PROJECT:Redlands 81vd. fro. Hunts Lane to East City Limits
REVISED COST ESTiMA;E I DESC. :Pave!!len~ Investigation
w:O. : 1316B.PRP MILES: 5 PROPOSAL DATE: 10-Jan-92
---------------------------------------------------------------------------------------------------------
TASK
ENGINEERING ESTIMATED MANPOWER - MAN DAYS UNIT
----------------------------------------------- COST
QUANTITY UNITS ENGR SR TECH TECH CLER OF
$15 $49 $44 $26 TEST
DIRECT
COSTS
($)
TOTAL
COSTS
($)
FIELD
---------------------------------------------------------------------------------------------------------
F~e~a Techn;c~an
Fie1d S~Derv~sion
Field Engineering
Mileage
LABORATORY
Sand Eouivalent
OFFICE
Drafting
Engineer~nQ
Report Pre~aration
Clerical
SUBTOTAL
SUBTOTAL
CONSULTANTS AND SUBCONTRACT
SUBTOTAL
R-VaIU8
Cores - 10" Diam.
Sores - 4" Oiam.
Traffic Control
Jer"ection Test~ng
SUBTOTAL
10 Tec~. Hr.
3 Tech. :-ir.
i4 Engr. Hr.
o Mi ies
2.0
0.4
1.8
$0.30
------------------------------------------------------
$1,90~
1.8
0.4
2.0 0.0
104
I(?
1,050
o
'20
3 Tests
$40
------------------------------------------------------
$~2C
4.4
0.4
3.3
1.0
0.3
0.0
0.0 0.3 0.0
352
1,200
315
208
8 Tech. Hr.
16 Engr. Hr.
5 Engr. :~r.
S Cler. Hr.
~ . C
------------------------------------------------------
$2,135
Tests $115 115 115
3 Each $1 :5 m 345
2 Each S69 138 138
1 L.S. $500 500 soa
0 L.S. $1,840 0
------------------------------------------------------
$1,158
--------------------------------------------------------------------------------------------------------
GRAND TOTAL
1.0
2.0
0.5
2.6
0.0
i.C
1.0
0.0 0.0 0.0 0.0
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$5,m