HomeMy WebLinkAbout1992-453
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1 RESOLUTION NO. 92-453
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH URS CONSULTANTS, INC. RELATING TO
3 THE PROVISION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE
CONSTRUCTION OF THE TIPPECANOE/DEL ROSA AVENUE CONNECTOR THROUGH
4 NORTON A.F.B.
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 URS Consultants, Inc., relating to the
provision of professional engineering design services for the
construction of the Tippecanoe/Del Rosa Avenue Connector through
Norton A.F.B.
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.
This resolution is rescinded if the parties
SECTION 3.
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to the agreement fail to execute it within sixty (60) days of the
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passage of this resolution.
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11-18-92
RESO:
EXECUTING AGREEMENT
TO' . PROVISION OF
TIPPECANOE/DEL ROSA
. ~
WITH URS CONSULTANTS, INC.,' RELATING
ENGINEERING DESIGN SERVICES FOR
AVENUE CONNECTOR.
1 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
7th day of
December
, 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
11 POPE-LUDLAM
12 MILLER
x
x
x
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Jt~c~Ad Ci''.,-L-/7f.....
~el Clark, City Clerk
The foregoing resolution is hereby approved this 3-t\.,
, 1992.
day of~<,: ~\': ~~G_\).
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
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By (kVW<J t- Jvv~
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- 2 -
Res 92-453
RECEIVED-Cfn CLERfI
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL s~~Id~~ 13 P 3 :20
This ~GREEMENT is made and entered into this 2/ day
of APc~~~ , 1992, by and between the CITY
OF SAN BERNARDINO, California, a municipal corporation, hereinaf-
ter referred to as the "CITY" and URS Consultants, Inc., a
California corporation, hereinafter referred to as "ENGINEER".
WIT N E SSE T H
WHEREAS, city desires to obtain professional engineering
services in connection with construction of the Tippecanoe/Del
Rosa Avenue connector through Norton Air Force Base; and
WHEREAS, the professional engineering services will be
provided in two phases, with Phase I being working with the
consultant that is preparing the Master Plan for Norton Air Force
Base to select the most appropriate alignment, and Phase II
being preparation of construction plans, specifications, and
estimate of cost, as required to accomplish the connection; and
WHEREAS, it is necessary to retain a consulting firm, in
order to obtain these professional engineering design services;
and
WHEREAS, the consulting firm of URS Consultant, Inc., has
been selected as the best qualified to provide the desired ser-
vices; and
WHEREAS, City has elected to engage the services of Engin-
eer 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 November 18.
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
days after the city
a Notice to Proceed.
of Engineer are to commence within five (5)
has authorized work to start by issuance of
The scheduled completion dates specifically
1
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 Exhioit "2"
schedule unless extended by written agreement of the parties.
3 . STANDARD OF PERFORMANCE
Engineer shall complete the construction plans and special
provisions in accordance with State of california, Department of
Transportation, Standard Specifications, dated July 1992, and
Standard Plans, or as directed by the Director of Public
Works/city Engineer for city.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of
Services", is made an obligation of Engineer under this Agree-
ment, subject to any changes made subsequently upon mutual agree-
ment of the parties. All such changes shall be incorporated by
written amendments to this Agreement and include any increase or
decrease in the amount of compensation due Engineer for the
change in scope. Any change which has not been so incorporated
shall not be binding on either party.
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 November 18 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, prof-
it, other direct and indirect costs) incurred by the Engineer in
performance of the workunder Phase I, in an amount not to exceed
$26.917.00. 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.
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CONTINUED FROM MAY 18. 1992
8. REDEVELOPMEl'IT AGEI!ICY GUARABTBB OF SANIlAG LOAlf TO IVDA
(Community Develooment Commission)
Commission Member Miller made a motion, seconded by Commission
Member Minor to authorize the Executive Director to execute a Loan
Guarantee Agreement in the amount of $1.2 million between the Inland
Valley Development Agency and the Redevelopment Agency of the City of San
Bernardino.
Commission Member Miller asked if there was a written guarantee
stating that IVDA was responsible to the Redevelopment Agency for the loan.
Chairman Holcomb indicated the loan would only be a guarantee, no
funds would be used.
Commission Member Hernandez questioned the type of collateral IVDA
would be giving the Agency.
Chairman Holcomb stated there would be no collateral. He indicated
IVDA was a taxing agency and the taxes accrued each year could be used for
collateral.
Commission Member Hernandez questioned the use of Central Avenue
instead of Orange Show Road. He felt Central Avenue could be improved
with less funds being spent.
Roger Hardgrave, Director of Public Works, stated that a study was
made of the two streets, and it was determined that the Orange Show Road
extension would be more feasible as the main thoroughfare and Central
Avenue would be a secondary street.
COMMISSION MEMBER ESTRADA RETURNED Ar 11:45 A.M.
Commission Member Hernandez expressed concern over the homes that
would be affected if Orange Show Road was extended.
Commission Member Reilly stated the Orange Show Road extension had
been planned for many years and he felt it was time to implement those
plans.
The ..!!!.otion carri~ by the following vote: Ayes:
Members Estraaa; Reilly; Maudsley; Minor; Pope-Ludlam;
Commission Member Hernandez. Abstain: None. Absent:
Commission
Miller. Noes:
None.
COMMISSION MEMBER MILLER WAS EXCUSED Ar 11: 50
REGULn MEETING
lmp:2247B
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COMMISSION MIBUTES
JU1'lE I, 1992
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Any adjustment of the total cost of services will only be
permitted when the Engineer establishes and City has agreed, in
writing, that there has been, or is to be, a significant change
in:
1. Scope, complexity, or character of the services to
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
specified in the Agreement for Completion of the
work warrants such adjustment.
fee
fee
C.
will be
will be
After completion of Phase I, a scope of services and
negotiated for Phase II. The scope of services and
incorporated into this Agreement as an amendment.
D. 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 1770.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to
this Agreement shall be submitted monthly by Engineer to City and
shall be paid by City within twenty (20) days after receipt of
same, excepting any amounts disputed by city. Dispute over any
invoiced amount shall be noticed to the Engineer within ten (10)
days of billing and a meet and confer meeting for purposes of
resolution of such dispute shall be initiated by the City within
ten (10) days of notice of such dispute. Interest of 1-1/2
percent per month (but not exceeding the maximum rate allowable
by law) will be payable on any amounts not in dispute and not
paid within thirty (30) days of the billing date, payment there-
after 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 pay-
ment.
B. 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 attor-
ney's fees shall be paid to the prevailing party.
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7. SUPERVISION AND ACCEPTANCE OF SERVICES
The Director of Public Works of City, or his designee,
shall have the right of general supervision over all work per-
formed 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.
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. Engi-
neer shall promote affirmative action in its hiring practices and
employee policies for minorities and other designated classes in
accordance with federal, state and local laws. Such action shall
include, but not be limited to, the following: recruitment and
recruitment advertising, employment, upgrading, and promotion.
In addition, Engineer shall not exclude from participation under
this Agreement any employee or applicant for employment on the
basis of age, handicap or religion in compliance with State and
Federal laws.
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 sub-
stantial 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 or satisfaction
shall not be unreasonably withheld. Engineer hereby covenants
and agrees that upon termination of this Agreement for any rea-
son, Engineer will preserve and make immediately available to
city, or its designated representatives, maps, notes, correspon-
dence, or records related to work paid for by the City and re-
quired 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 subse-
quent 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".
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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.
Agreement
until all
fied.
Following the effective date of termination of this
pursuant to this section, the Agreement shall continue
obligations arising from such termination are sat is-
D. This agreement will automatically terminate in the
event that both City and Engineer are unable to agree on a scope
of services and fee for Phase II.
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 fail-
ure 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 Agree-
ment. Engineer shall notify City within three (3) days in writ-
ing 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
performance 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.
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13. NOTICES
All official notices relative to this Agreement shall be
in writing and addressed to "Che following representatives of
Engineer and City:
ENGINEER
CITY
Mr. K. Danny Fouladpour, P.E.
Branch Manager
URS CONSULTANTS, Inc.
164 West Hospitality Lane,
suite 6
San Bernardino, CA 92408
Mr. Roger Hardgrave
Director of Public Works
city of San Bernardino
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 agreement of City and Engineer.
C. All tracings, survey notes, and other original docu-
ments 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 autho-
rized 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.
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.
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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 contin-
gent fee.
17. HOLD HARMLESS CLAUSE
A. Engineer hereby agrees to hold City, its elective and
appointive boards, officers, and employees, harmless from any
liability 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 omis-
sions under this Agreement.
B. Engineer shall indemnify, defend and hold free and
harmless the City, its officers and its employees from all
claims, damages, costs, expenses, and liability, including, but
not limited to attorney's fees imposed upon them for any alleged
infringement of patent rights or copyrights of any person or
persons in consequence of the use by City, its officers, employ-
ees, agents and other duly authorized representatives, of pro-
grams or processes supplied to city by Engineer under this Agree-
ment.
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 Agree-
ment. 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, judg-
ments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) and liabilities of, by or with re-
spect to third parties, which arise solely from the City's negli-
gence. with respect to any and all claims, demands, suits,
actions, proceedings, judgments, losses, damages, injuries,
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penalties, costs, expenses (including attorney's fees) and lia-
bilities 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 lia-
bility may be found to rest upon Engineer other than for profes-
sional errors and omissions, shall be a minimum of $1,000,000.
For any damage on account of any error, omission or other profes-
sional negligence Engineer's insurance, shall be limited in a sum
not to exceed $50,000 or Engineer's fee, whichever is greater.
B. The city will require the Engineer to provide Workers
compensation and comprehensive general liability insurance,
including completed operations and contractual liability, with
coverage sufficient to insure the Engineer'S indemnity, as above
required; and, such insurance will include the City, the Engi-
neer, 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 provi-
sions of this Agreement are declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agree-
ment between the parties hereto and supersedes all prior and
contemporaneous negotiations, representations, understandings and
agreements, whether written or oral, with respect to the subject
matter thereof. This Agreement may be amended only by written
instrument signed by both parties.
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AGREEMENT FOR: PROFESSIONAL ENGINEERING SERVICES IN CONNECTION
WITH CONSTRUCTION OF THE TIPPECANOE/DEL ROSA
AVE~uE CONNECTOR THROUGH NORTON AIR FORCE BASE
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.
ATTEST:
~~,C;~erk
Danny Foulad ur I Branch Manager
CITY OF SAN BERNARDINO.~ ~
a municipal corporat~~
--7 1 //'
~.'.....".. '. /. ./
. // / / /'. ~
By: . ,'./ /. . ; ,4',,,,/-<
/ / w.l ribLcOmb ( Maybr v
Approved as to form
and legal content:
JAMES F. PENMAN
city Attorney
By: ~/V)'V'" f
U
(\
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; -.............
9
EXHIBIT 1
SCOPE OF SERVICES
PROJECT UNDERSTANDING
The purpose of this project is to connect Tippecanoe Avenue to Del Rosa Avenue within the
existing Norton AFB property to provide adequate vehicular access to and from the base. The
base will close in March 1994. Inland Valley Development Agency (IVDA) is the local JPA
responsible for base reuse. IVDA is in the process of developing a Master Plan for future
development of the base and its surroundings. The TippecanoelDel Rosa Connector alignment,
while originally conceived to traverse across the base property, should be evaluated for
alternative alignments to allow the reuse of existing onbase facilities and to reduce present and
future impacts. Therefore, URS' scope of services for design of TippecanoelDel Rosa Connector
will be based on the following two phases:
. Phase I: Development of Road Alignment
. Phase II: Preparation of PS&E
PHASE I: DEVELOPMENT OF ROAD ALIGNMENT
The scope of services for this phase shall consist of the following tasks:
Task 1 - Project Initiation Meeting
Upon receipt of Notice to Proceed, URS Project Manager will meet with City and IVDA staff
and the representatives of Johnson, Fain and Pereira Associates (JFP) to discuss and initiate the
project. The purpose of this meeting will be to discuss the overall project and the specific issues
relative to the Master Plan being prepared by JFP. The primary purpose of this meeting will be
for URS to gain a clear understanding of the status of the master planning process, the issues
and concerns, the information that is available and/or is being developed, and the additional
specific information needed to be developed. URS will receive all available relevant information
and data.
Task 2 - Alternative Identification
Based on the outcome of the meeting under Task 1, URS will identify the feasible alternative
alignments of the proposed roadway and develop schematic drawings.
Task 3 - Workshop
URS will attend a workshop to be arranged by the City and the IVDA. URS will make a
presentation of the proposed alternatives and will solicit comments and input from the
participants. The intent of this workshop is to include all of the entities that are or will be
involved in the base reuse process during the initial phase of project development and to receive
their input.
CNTR#4/PSA.25
Page 1
11/18/92
Task 4 - Alternative Alignment Analysis
Based on the available information and input received from JFP, IVDA, City and other involved
entities during the workshop, URS will analyze the preferred alternatives. The analy~i~ ';,ill
consider the following issues:
.
Interim Use
Master Plan Compatibility
Connectivity/Circulation
Parcelization/Land Use
Terminal Access
Bldg Demo/AsbestoslHazmat
Stage Construction
Landscaping
Utilities
Environmental
.
.
.
.
.
.
.
.
.
Task 5 - Alignment Selection
URS will present the result of alternative analysis and the recommended alternative to the City
and IVDA
Task 6 - Preliminary Design Report
Upon receiving final approval of the selected alignment from the City, URS will prepare the
preliminary design report. The report will include the design criteria for the selected alignment
and the estimated construction cost.
PHASE II: PREPARATION OF PS&E
The scope of services for this phase will be defined upon completion of Phase 1.
11/18/92
CNTR #4/PSA.25
Page 2
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EXHIBIT 2
PHASE I PROJECT SCHEDULE
Task 1: Project Initiation Meeting Notice to Proceed Issued
Meeting During Week 1
Task 2: Alternative Identification Week 2
Task 3: Workshop Week 3
Task 4: Alternative Alignment Analysis Week 3 through Week 5
Task 5: Alignment Selection Meeting Week 5
Task 6: Preliminary Design Report Week 5 through Week 6Y2
CNTR #4/PSA-25 Page 3
11/18/92
EXHIBIT 3
ESTIMATED COSTS
PHASE I: DEVELOPMENT OF ROAD ALIGNMENT
The following costs for Phase I are based on the scope of services for each task as defined in
Exhibit 1. The cost estimates are based on the manhours shown for each task and completion
of Phase I work within 45 calendar days from the date of issuance of Notice to Proceed by the
City as shown on Exhibit 2. The following cost estimates include both direct and indirect costs
Manhours C
Task 1: Project Initiation Meeting 8 $1,190
Task 2: Alternative Identification 16 $2,200
Task 3: Workshop 16 $2,200
Task 4: Alternative Alignment Analysis 210 $17,325
----- --
Task 5: Alternative Presentation/Selection 8 $1,100
Task 6: Preliminary Design Report and Cost Estimates 32 $2,992
TOTAL PHASE I: 290 $26,917
PHASE II: PREPARATION OF PS&E
The cost for Phase II services will be developed and negotiated with the City based on the scope
of services defined upon completion of Phase I services.
CNTR#4IPSA-25
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11/18/92
EXHIBIT 4
WAGE RATES
I Labor Category I Hourly Rate I,
Project Manager $120
Traffic Engineer $115
Senior Engineer $100
Project Engineer $85
Junior Engineer $65
Senior Drafter $55
CADD TechnicianJDrafter $50
Word Processing $50
Survey Crew $200
Landscape Architect $75
CNTR#4/PSA-2S
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11/18/92