HomeMy WebLinkAbout1992-373
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RESOLUTION NO.
92-373
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MOHLE, GROVER AND ASSOCIATES, INC.
3 FOR PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR
INTERCONNECTING AND UPGRADING TRAFFIC SIGNALS IN THE CENTRAL
4 BUSINESS DISTRICT.
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 Mohle, Grover and Associates, Inc.,
relating to the provision of Professional Engineering Design
services for interconnecting and upgrading the traffic signals in
the Central Business District.
A copy of said 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This resolution is rescinded if the parties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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9-02-92
RESO: EXECUTING AGREEMENT WITH MGA ASSQCIATES RELATING TO
PROFESSIONAL ENGINEERING DESIGN SERVICES.
92-313
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I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a reqular meeting thereof, held on the
4 8th day of September , 1992, by the following vote, to-wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 ESTRADA x
7 REILLY X
8 HERNANDEZ x
9 MAUDSLEY X
10 MINOR X
11 POPE-LUDLAM x
12 MILLER 1L--_
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~~s~rk
The foregoing resolution is hereby approved this qih
,/
day of Seotember
, 1992.
Approved as to form
and legal content:
21 James F. Penman
City Attorney
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92-373
EXHIBIT "A"
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" and Mohle. Grover and Associates, Inc., a
California corporation, hereinafter referred to as "ENGINEER".
W I T N E SSE T H
WHEREAS, City desires to obtain professional services to pre-
pare plans, specifications, estimates and construction documents for
the improvement of the signal system in the Central Business District
inclUding interconnection, upgrades to signals, loops, pedestrian
signals, signs and integration with computer control systems present-
ly in place and desires such services be performed in an expedited
manner to insure funding under the CMAQ program that requires plans
and specifications prior to October 1, 1992 and;
WHEREAS, in order to develop, plans, specifications, estimates
and construction documents, it is necessary to retain the profession-
al 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 Auqust 24. 1992, 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
92-373
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.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in conform-
ance 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 par-
ties. All such changes shall be incorporated by written amendments
to this Agreement and include any increase or decrease in the amount
of compensation due Engineer for the change in scope. Any change
which has not been so incorporated shall not be binding on either
party.
B. No extra services shall be rendered by Engineer under this
Agreement unless 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 Julv 1. 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 $60.000.00 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 total cost of services will only be per-
mitted 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 be performed;
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92-373
2. Conditions under which the work is required to be per-
formed; 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.
C. The Engineer is required to comply with all Federal, state
and local laws and ordinances applicable to the work. The Engineer
is required to comply with prevailing wage rates in accordance with
California Labor Code section 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 dis-
pute. 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 servJ.ces ren-
dered 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.
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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 adver-
tising, employment, upgrading, and promotion. In addition, Engineer
shall not exclude from participation under this Agreement any employ-
ee or applicant for employment on the basis of age, handicap or reli-
gion 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 aris-
ing out of such use. Engineer shall be compensated for such services
in accordance with Exhibit "4".
B. This agreement may be terminated for the convenience of
the city upon thirty (30) days written notice to Engineer. Upon such
notice, Engineer shall provide work product to City and city shall
compensate Engineer in the manner set forth above.
C. Following the effective date of termination of this Agree-
ment 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, and the city may grant to
Engineer such extensions of time and make other arrangements or addi-
tions, excepting any increase in payment, as may be reasonable under
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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.
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 assign-
ed 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 ex-
ceeding $10,000, shall contain all provisions of this contract.
13. NOTICES
All official notices relative to
writing and addressed to the following
and city:
this Agreement shall be in
representatives of Engineer
ENGINEER
CITY
Albert L. Grover
Mohle, Grover and Assoc
901 E. Imperial HWy
suite A
La Habra, CA 90631
Mr. Roger Hardgrave
Director of Public Works
City Engineer
300 North "0" street
San Bernardino, CA
92418
14.
RESPONSIBILITIES OF PARTIES
A.
provided
tion.
The Engineer may reasonably rely upon the accuracy of data
through the city or its agents without independent evalua-
B. The City shall pay all costs of inspection and permit
fees. Charges not specifically covered by the terms of this Agree-
ment shall be paid as agreed by the parties hereto at the time such
costs arise; but in no event shall the work to be performed hereunder
cease as a consequence of any unforeseen charges unless by mutual
written agreement of city and Engineer.
C. All tracings, survey notes, and other original documents
are instruments of service and shall remain the property of Engineer
except where by law, precedent, or agreement these documents become
public property. All such documents or records shall be made acces-
sible to City. Engineer shall maintain all records for inspection by
the City, state, or their duly authorized representatives for a peri-
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od of three (3) years after final payment. Engineer shall stamp and
sign all specifications, estimates, plans and engineering data fur-
nished, and, where appropriate, indicate registration number.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the Construction Cost prepared by Engineer
represents his judgment as a design professional and is supplied for
the general guidance of the City. Since Engineer has no control over
the cost of labor and material, or over competitive bidding or market
conditions, Engineer does not guarantee the accuracy of such opinions
as compared to contractor bids or actual cost to the city.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bona fide employees or bona fide estab-
lished 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 consider-
ation, 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 liabil-
ity for damage or claims for damage for personal injury including
death, as well as from claims for property damage, which may arise
from Engineer's negligent acts, errors or omissions under this Agree-
ment.
B. Engineer shall indemnify, defend and hold free and harm-
less the City, its officers and its employees from all claims, damag-
es, 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.
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 per-
formance of services under this Agreement. Engineer shall not be
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responsible for, and city shall indemnify, defend and hold harmless
Engineer from and against, any and all claims, demands, suits, ac-
tions, 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, judgments, losses, damages, injuries, penal-
ties, 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 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 ac-
count of any error, omission or other professional negligence Engin-
eer'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, 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 consult-
ants, 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 Agree-
ment.
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 Agree-
ment 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 contemporane-
ous 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
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AGREEMENT FOR: DESIGN SERVICES FOR IMPROVEMENT OF SIGNAL SYSTEM IN
CENTRAL BUSINESS DISTRICT
IN WITNESS WHEREOF, the parties hereto have caused this Agree-
ment to be executed on the date written above by their duly author-
ized officers on their behalf.
ATTEST:
MOHLE, GROVER & ASSOCIATES
~~ .AdMY1%j--,
((1f ;;daNiA>>:)YiR dU~) ~} ~PUt
By:
f2;(~dent
CITY OF SAN BERNARDINO,
a municiPal~s~oration
~y: /;~) SEP 11 1992
Valerie Pope-Ludlam, Mayor Pro Tempore
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
By:
~
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EXHIBIT 1
ma"l
Mohle,Grover&Associates
SCOPE OF WORK
FOR
CITY OF SAN BERNARDINO
CBD INTERCONNECT PROJECT
This project encompasses 26 signalized intersections within the CBD. Existing inter-
connect of 19 intersections will be expanded using direct wire in underground conduit.
MGA is responsible for preparing plans, specifications and estimates for bidding
purposes. The plans will be prepared at 40 scale and each sheet will have up to four
(4) intersections shown. The improvements will consist of interconnect, detection
loops, signal head upgrades from 8" to 12" displays, installation of pedestrian push
buttons, installation of new pedestrian heads where missing, upgrading existing pedes-
trian heads to international symbol type, installing missing mastarms, replacing marbe-
lite poles with steel poles and mastarms and installation of high intensity reflective
street name signs.
The work tasks are:
I) Field Review/Data Collection -
This consists of visiting all 26 intersections and compiling an inventory
of required improvements, plus obtaining existing "as-built" plans
from the City.
2) Preliminary Design -
Seven (40 scale) plan sheets, one title sheet and up to two detail sheets,
will be prepared to show the proposed improvements at each location.
The plans will only show items necessary for a contractor to construct
the specified improvement (Le. items such as street striping, right-of-
way, gutter, cross-walks, etc. will not be shown). The contract speci-
fications and Engineer's Estimate will also be prepared in this task.
3) First Submittal -
All plans, specifications and estimates (PS&E) will be submitted to
City staff by Tuesday, September 15, 1992 per Exhibit 2. City staff
will provide all comments to MGA by Friday, September 18, 1992.
MUNICIPAL AND TRANSPORTATION ENGINEERS
901 E. Imperial Hwy" Suite A'lLa Habra, CA 90631
(714) 738-3471 FAX (714) 738-7802
92-373
EXHIBIT 1
4) Final PS&E -
City comments will be incorporated into a finalized PS&E package
which will be signed by MGA for submittal to Caltrans.
5) Second City Review -
City will confirm that all specified corrections have been included and
will also sign the plans for submittal to Caltrans.
6) Caltrans Submittal -
The finalized bid package will be hand carried to Caltrans by the
Project Manager, Mr. Al Grover, for the Caltrans review and
approval. Caltrans changes will be incorporated into the package and
new signatures will be obtained as required.
7) Meetings with City Staff -
There will be an initial meeting during the first week to obtain City
approval of the proposed plan concept. In the second week, City staff
will be presented a completed plan sheet as an example of the final
product. Caltrans will also be shown this first plan sheet for initial
approval of the design approach.
fln: scopewrk.san
92-373
EXHIBIT 2
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92-373
maq
Mahle, Grover& Associates
PROJECT COST PER TASK
WORK TASKS
COST
$ 12,000.00
$ 33,000.00
Field Review/Data Collection
Preliminary Design
Final PS&E
$ 8,000.00
$ 3,000.00
$ 2,000.00
$ 2.000.00
$ 60,000.00
City Review/Corrections
Meetings with City Staff
Caltrans Corrections
TOTAL
MUNICIPAL AND TRANSPORTATION ENGINEERS
901 E. Imperial Hwy., Suite A, La Habra, CA 90631
(714) 738-3471 FAX (714) 738-7802
EXHIBIT 3
92-373
EXHIBIT 4
maq
Mohle, Grover& Associates
SCHEDULE OF HOURLY RATES
EFFECTIVE JULY 1,1992
Principal
Associate
$ 140.00
$ 110.00
$ 110.00
$ 110.00
$ 90.00
$ 85.00
$ 80.00
$ 75.00
$ 65.00
$ 65.00
$ 60.00
$ 50.00
$ 55.00
$ 45.00
$ 45.00
$ 45.00
$ 40.00
$ 40.00
$ 35.00
$ 200.00
$ 150.00
Vice President/Senior Engineer
Director of Project Development
Resident Engineer
Senior Design Engineer
Senior Transportation Engineer
Construction Inspector
Assistant Engineer
Transportation Engineer
Designer
Systems Analyst
Assistant Transportation Engineer
Senior CADD Operator
Administrative Secretary
Engineering Technician 11
CADD Operator
Clerical/Engineering Technician I
Traffic Enumerator/Engineering Aide
Expert Witness - Principal
Expert Witness - Vice President
Subconsultants will be billed at cost plus 12 %
Conditions of Usan: The above rates are typically effective for a 12 month period, but MGA
maintains the right to change the billing rates at any time for convenience of record keeping.
Therefore, all billings will always be at the then current billing rates. This will not affect any
agreed upon total or not-to-exceedfees.
INVOICES WILL BE SUBMITTED MONTHLY AND SHALL BE DUE AND PAYABLE
WITHIN 30 DAYS. A MONTHLY FINANCE CHARGE OF 1.5% SHALL BE CHARGED ON
UNPAID BALANCES.
MUNICIPAL AND TRANSPORTATION ENGINEERS
901 E. Imperial Hwy.. Suite 1. La Habra. CA 90631
(714) 738-3471 FAX (714) 738-7802