HomeMy WebLinkAbout13-Development Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution of the City of San
Bernardino approving Professional Services
Dept: Development Services Agreements with Hall and Foreman, Inc.
and AEI-CASC Consulting for On-Call
Date: September 26, 2006 Plan Review Services.
MCC Date October 16, 2006
Synopsis of Previous Council Action:
06/05/06 Resolution No. 2006-149 was adopted providing for contract plan checking by City
employed consultants and providing new methods for assessing fees to applicants and
compensating consultants.
Recommended Motion:
Adopt Resolution.
Valerie C. Ross
Contact person: Mike Grubbs, Field Engineer Phone: 5179
Supporting data attached: Staff Report, Reso. & Agreements Ward: ALL
FUNDING REQUIREMENTS: Amount: $450,000
Source: (Acct. No.) 772-183-2306
Acct. Description: Engineering Design - Contractual
Services
ij� Finance:
Council Notes d00 ' -369
NJ lo�nu
Agenda Item No.
City of San Bernardino — Request for Council Action
STAFF REPORT
Subject:
Resolution of the City of San Bernardino approving Professional Services Agreements with Hall
and Foreman, Inc. and AEI-CASC Consulting for On-Call Plan Review Services.
Background:
The Development Services Department is responsible for development plan review and plan
checking for various land development and capital improvement projects. These responsibilities
include the review and plan checking of roads, bridges, buildings, grading, drainage,
landscaping, traffic signals, on-site improvements, handicap ramps, etc.
Contract plan review is essential to providing a continually improving level of service to the
development community and adequate quality control in the design process for capital
improvement projects. The level of development activity is by its nature highly variable and
having the services of a consultant firm helps to balance the workload.
The engineering land development activity has increased substantially over the last five years
and currently remains high.
On April 6, 2006, a request for proposals (RFP) to provide Professional Public Works On-Call
Plan Review Services was sent to I I consulting engineers in the local area. A copy of the RFP
was also sent to the San Bernardino Chamber of Commerce and a copy was posted on the City's
website. The Mayor and Common Council previously approved the format, evaluation criteria
and evaluation procedure used in the RFP on September 2, 2003.
Proposals were received from WILLDAN, Hall & Foreman Inc., AEI-CASC Consulting, and
MAPCO. Staff evaluated the four proposals and determined that WILLDAN, Hall & Foreman,
Inc., and AEI-CASC Consulting submitted the proposals best meeting the requirements of the
RFP.
The selection process was completed on August 17, 2006, and consisted of the evaluation by
City staff of proposals and an interview with the top three firms of WILLDAN, Hall & Foreman
Inc., and AEI-CASC Consulting. All three firms were found to be highly qualified and capable
of providing the services being sought.
Both Hall & Foreman, Inc. and AEI-CASC Consulting executed and returned the standard form
of Agreement for On-Call Plan Review Services. However, WILLDAN later requested that their
name be withdrawn from competition.
Therefore, staff is requesting approval of a contract, not to exceed the combined amount of
$450,000 in services with the firms of Hall & Foreman Inc. and AEI-CASC Consulting. Staff is
recommending that Agreements for On-Call Plan Review Services be executed with these two
consultants. Staff will spread the plan review load among the consultants so as not to overload
any one consultant.
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City of San Bernardino — Request for Council Action
STAFF REPORT—Continued
The firms of Hall & Foreman Inc. and AEI-CASC Consulting have a proven track record for
successfully completing previous projects assigned to them by the City.
An Agreement for On-Call Plan Review Services was awarded to Transtech Engineers on June
5, 2006. Addition of these two firms will give staff flexibility to select among a total of 3 firms
to provide plan review services.
Projects will be assigned at the sole discretion of the City Engineer. The City may use its own
employees to perform plan reviews in addition to any such work assigned to the Consultants.
The volume of plan reviews is dependent upon factors outside the City's control; therefore, there
is no guarantee provided as to the minimum or maximum volume of work that may be assigned
to any of the above-listed consultants. Hall & Foreman Inc. and AEI-CASC indicated
acceptance that the City does not guarantee a minimum or maximum volume of plan checks.
Public Works staff has been hard pressed over the past year to fully review new development
projects, check plans submitted for permits in a timely manner, provide adequate customer
service, manage the Capital Improvement Program (CIP) and accomplish other mandated duties.
Approval of these Agreements will increase the resources available to meet the current high
demand for plan review services without increasing permanent staff.
An improved system for plan review cost accounting has been implemented in accordance with
Resolution No. 2006-149, which was adopted on June 5, 2006. Under the new plan review
accounting system, the City is able to:
■ cap the cost of services, no matter how complex and extensive the plan review is, at 65%
of fees collected by the City;
■ recover additional revenues from plan reviews to pay for City's administrative costs
(35% of the fees collected by the City);
■ offer plan reviews as before with a standard 3-week turnaround time, but without extra
cost to the applicant;
■ at the discretion of staff, send overflow plan reviews to the consultant plan checker at no
additional cost to the applicant or City.
Resolutions No. 2006-149 also allows applicants, upon payment of an additional 25%, to request
expeditious plan review. If expeditious plan review is requested, then the consulting firm
providing the service will guarantee a turnaround time of 10 working days. Compensation to the
consulting firm will then be 65% of the 125% of the in-house plan review fee.
All consulting firms listed above (Transtech Engineers included) have been provided a copy of
Resolution No. 2006-149 and have agreed to accept compensation as provided therein.
Financial Impact:
Under the method of accounting provided in Resolution No. 2006-149 for compensation of
consultants, all costs associated with plan review services (conducted by Hall & Foreman Inc. or
AEI-CASC Consulting) are paid by the developer, including City staff time and overhead(as
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City of San Bernardino — Request for Council Action
STAFF REPORT—Continued
part of the 35% retained by the City). Therefore, there will be no cost to the City for plan review
services conducted by Hall & Foreman Inc. or AEI-CASC Consulting under terms of the
proposed Agreements.
Recommendation:
Adopt Resolution.
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C(OPY1
2 RESOLUTION NO.
3
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
4 AGREEMENT FOR SERVICES WITH HALL & FOREMAN, INC. AND AEI-CASC
ENGINEERING, INC. D.B.A. AEI-CASC CONSULTING FOR ON-CALL PLAN
5 REVIEW SERVICES.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. Hall & Foreman, Inc. and AEI-CASC Engineering, Inc. d.b.a. AEI-CASC
9 Consulting are firms that are competent, experienced, and able to perform requested services and
10 have provided the most advantageous and responsible proposal for provision for On-Call Plan
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Review Services in amounts totaling up to $450,000 in the aggregate. Pursuant to this
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13 determination, the Purchasing Manager is hereby authorized and directed to issue Purchase
14 Orders for said services to said firms; but such award shall only be effective upon the issuance of
15 a Purchase Order by the Purchasing Manager; and all other proposals are hereby rejected. The
16 Mayor is hereby authorized and directed to execute these Agreements for Services on behalf of
17 the City; of which a copy of the Agreements for Services is attached hereto and incorporated
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herein as Exhibit A-1 (Hall & Foreman Inc.) and Exhibit A-2 (AEI-CASC Consulting).
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20 SECTION 2. The authorization to execute the above-referenced Agreement for Services
21 is rescinded if it is not signed by the parties within sixty (60) days of the passage of this
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resolution.
23
24
25
26
27 Nd , /
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1
2 RESOLUTION ....... APPROVING AGREEMENT FOR SERVICES WITH
HALL & FOREMAN, INC. AND AEI-CASC ENGINEERING, INC. D.B.A. AEI-CASC
3 CONSULTING FOR ON-CALL PLAN REVIEW SERVICES.
4
5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held
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8 on the day of 2006, by the following vote, to wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 BAXTER
12 VACANT
13 DERRY
14
KELLEY
15
16 JOHNSON
17 MC CAMMACK
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of 12006.
21
22
23 Patrick J. Morris, Mayor
24 City of San Bernardino
25 Approved as to form:
26 JAMES F. PENMAN,
City Attorney
27 (�
28 By: y e
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AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES
THIS AGREEMENT is made and entered into this day of
2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city("City"), and HALL & FOREMAN, INC. ("Consultant").
WITNESSETH :
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A. WHEREAS, City proposes to have Consultant perform the on-call plan review
services described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in
connection with the project described below (the "Project") and desire to set forth their
rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Contractor shall furnish on-call plan review services to
City in accordance with Attachment A, attached and incorporated herein. It is agreed that
Consultant shall accomplish all plan reviews in accordance with standards of the City and
shall turnaround plan reviews in three weeks after receipt of all checking material for
standard plan reviews and two weeks for expeditious plan reviews as defined in
Resolution No. 2006-149.
1.2. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
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occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify and hold harmless City from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against City for, or
on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assignment._ This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and
agrees that as the City's on-call Plan review consultant, Consultant shall maintain
fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations
under this Agreement. Consultant, in performing its obligations under this Agreement, is
governed by California's conflict of interest laws, Government Code Section 87100 et
seq., and Title 2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be paid
for such services in accordance with the provisions of Resolution of the Mayor and
Common Council No. 2006-149.
2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the scope of services specified in the Response unless the City
or its Managing Engineer for this Project, prior to Consultant performing the additional
services, approves such additional services in writing. It is specifically understood that
oral requests and/or approvals of such additional services or additional compensation
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shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Managing
Engineer for approval on a progress basis, but no more often than monthly. Said invoice
shall be based on the total of all Consultant's services which have been completed to
City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days
from the date City receives said invoice. Each invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services
approved and performed pursuant to this Agreement shall be designated as "Additional
Services" and shall identify the number of the authorized change order, where applicable,
on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City or its Managing Engineer for inspection
and/or audit at mutually convenient times for a period of three (3) years from the
Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services shall be performed in strict compliance
with the Project Schedule issued by the Managing Engineer. Failure to commence work
in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (1) year, ending one year after the Effective Date, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties. After successful completion of the first year, an administrative extension of one
additional year may be authorized, subject to agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
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the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
5.0. INSURANCE
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5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
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5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly
provided in this Agreement.
6.3. Project Managers. City shall designate a Managing Engineer to work
directly with Consultant in the performance of this Agreement.
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Consultant shall designate a Contract Inspector(s) who shall represent it
and be its agent in all consultations with City during the term of this Agreement.
Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings
called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONSULTANT: IF TO CITY:
Mr. Don Bierman, P.E. Valerie C. Ross
Hall & Foreman, Inc. Director of Development Services
9130 Anaheim Place, Suite 120 300 North "D" Street
Rancho Cucamonga, CA 91730 San Bernardino, CA 92418
Fax: (909) 919-7800 Fax: 909-384-5080
Tel: (909) 919-7801 Tel: 909-384-5357
6.5. Attorneys' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Consultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the term of this Agreement.
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6.8 Indemnification and Hold Harmless. Consultant shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of Consultant, its employees, agents or subcontractors in the performance of
this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Consultant or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
shall not, in any way, be liable or responsible for the disclosure of any trade secret
including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.12. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
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and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provide all necessary design drawings, estimates and other Consultant professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.13. Prohibited Employment. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Party Beneficiary Riffs. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy in respect to any occurrence or
event shall not be deemed a waiver of any right or remedy in respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
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6.2 1. Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing,
if the value of this Agreement, based upon the substantial benefit of the bargain for any
party is materially impaired, which determination as made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
6.22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
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AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO, HALL & FOREMAN, INC.
A Municipal Corporation, Consultant
Y
Patrick J. Morris, Mayor ignature
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Name and Title
Approved as to form:
James F. Penman,
City Attorney
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June 19,2006
MrMichaa|Grubbs,P�.
Engineering Manager/Field Engineer
City cf San Bernardino
308 North~D^Street
3rd Floor
San Bernardino,[A92418
Subject: Public Works Plan Review Services
Dear Mr.Grubbs:
Hall&Foreman,Inc.(HFI)understands that the key tuprmvkding0e City cf San Bernardino with successful p,o1eets
is a dedicated team experienced in plan review projects;who can perform the necessary street improvement,
sewer,storm drain,grading,hydrology/hydraulic reports,structural calculations, tract and parcel maps, right-of-
way andeamement,traffic signal and study plan review 5ervices, ard who has the City and community foremost in
their plan. HF]'s team is the key to successful completion of these important projects.
The Daily Point of Contact for City cf San Bernamdino's projects is:
Don Bierman, P'E',Project Director
983O Anaheim Place,Suite 1]O
Phone:(90g)S19-780Q ext. 834,Fax:(909)919-7801
E'mvaU:dbileimm nWmcczmm
HFl,,uuld like todravv the City u[San 8ernordinm's attention tothcse key benefits:
N Proven Plan Review Services Project Success
HFlIs familiar with City mf Sari Bernardino p|am review services and knows the standards,policies,and
procedures involved.HF{'s staff iscur,ant)y providing plan review services for the cities of Tustin,Brea,
Diamond Bar,Yucaipa,Temecula,and Murrieta;the Los Angeles Courity Department of Public Works
(LADPW);and County of Orange.HFI's long-term working relationship with these and other public agencies
and the firm's level of contract renewals proves that NFI knows how to get the job done successfully.
NN
The City mf San Bernardino Can Rely mnU1,111FI's Project Manager Expertise
HFI's assigned Project Manager,Don Bierman,P.E.,has over 35 years of civil engiree-ing experience in
the management,engineering,and design of street Improvement projects,storm drain, site development,
commercial,industrial,residential,and public works projects. Ha recently managed and designed projects
for the Cities of Ontario,Upland,and La Canada Flintridge and has plan check experier.ce with the Cities of
Riaito,Corona, and San Bernardino County.Mr. Bierman wd; manage and be responsible forthe team's plan
check review services.Mr.Bierman wil I also meet with County staff,as needed,to discuss project progress.
�
Established Quality Assurance/Quality Control(QAJQC)Program
HFl has a proven in-house QA/QC Program,which addresses the stages of formal reviews.HFI'sphilosophy
and culture is focused om Senior Management involvement and Client satisfaction.HFl looks ateach
assignment as a partnering arrangement with the Clients and the other agencies/municipalities involved. HF1
will provide a written outline of the QA/QC measures CU5tOmized for the C ty of San Bernardino, if they so
choose.The fact that 80%cf HF['s work is repeat business should speak for the QA/QC Program
Management; however,the City of San Berna-,dino is encouraged to contact the references provided
regarding past project experience and performance.
06y30'000 �
.,,,, �, .,V ,,,.11 a ATTACHMENT 6('A9!r'-
HFI will not be utilizing the services of a 5ubcorsultant to perform the plan review services.NFI's proposal dated June
19, 2006 shall remain valid for a period of not less than 90 days. HFI has received and acknowledges the City of San
Bernardino's Addendum No. I dated May 8, 2006,Addendum No. 2 dated May 22, 2006,and concurs with Addendum
No. 3 dated June 12,2006.
Choosing HF1 for this project will satisfy the City with a Project Manager and consultant team that understands on-call
plan review and puts the City foremost in their plan.HFI appreciates this opportunity to be of service to the City of
San Bernardino.If City staff has any questions, please do not hesitate to call me directly at 1909) 919-7834.
Sincerely,
Hall&Foreman,Inc.
Don Bierman,P.E.
Project Director
l ' 06130-000 2
ATTACHMENT 66A99
Section Organizational
Project
i
Collectively, HFI's
Plan Check Review
Team has over 350 �:,r a,�
years of experience Beruir I ino
working on plans
mroject Manager Principal in Charge
oo . - .n, P.E. Jon E Bourgeon, I'I
Quality Assurance/
Quality Control
lead Plan Checker
Vivian Chen, E.LT
Street, Sewer,
Ge&ra ld S tHoorm fm aDisrtaeir,n s P.E. doo
9pGa ReYp/o rts Retaining Wall/
Structural
Vivian Chen, E.LT. Pavel Horn, P.�. Robbie Mahmood, P.E. Robbie Mahmood, 1'I
Rolando Mating Rita Escobar, E.I.T. Vivian Chen, E.LT. Harold Garcc•lon, P.i
Tract/Parcel Maps Right of Way/
William Hoff, P.L.S. Easements Traffic Signal/
Rolando Mating Mike Navarro, P.L.S. Studies
Andy Powell Cin�y Shambeck, L.S.LT. ` Harold Garcelon, P.E.
Silvia Scintee ark Monroe, P.L.S. Juan Vargas
illiam Hoff, P.L.S.
:'Hall&Foreman,lnc. ,•
ATTACHMENT "A"
Section 3 Project Approach
Project It is HFI's plan to assign a single individual Lead Plan Checker to work with the City and
Management coordinate reviews between various City departments and HFI project team members.
This individual will maintain HFI's submittal log record, inspection report log,and daily
reports and along with other team members,will be available to meet with Developers
and their Engineers to discuss and resolve design issues.This individual will also coordi-
nate with City staff to obtain project guidelines and requirements such as current Condi-
tions of Approval for private development project(s)assigned to HFI's project team. HFI's
Project Manager and other team members will be made available to provide expedited
reviews upon request from the City.
It is HFI's goal to provide the requested Plan Checking Services to meet the City's needs.
With HFI's team of qualified engineers available to the City, HFI's goal will be to complete
all first check reviews within a maximum two-week turnaround time period. Depending on
the complexity and number of comments from earlier reviews,a one-week review turn-
HFI's Internal Plan i around goal will be established for all additional reviews.
Check Review QA/QC Process involves 'i
In addition to reviewing improvement and development plan submittals,at the City's
oversight from a request,HFI's services can include review of tentative maps for compliance with applicable
Project Director
development and City/County standards and acceptable engineering practices,the review
whose speciality of development site plans,flood control design reviews,WQMP/SUSMP/SWPPP reviews,
relates to the p' of the review of public infrastructure improvement plans,and constructability reviews of final
plans being reviewed 1� PS&E construction documents.
drainage,
street, sewer, etc.) Scope of Services
HFI will plan check the engineers'submittal including studies,reports, maps,survey
closures,title reports, legal documentations,geotechnical reports,traffic studies, EIR's,
EIS's,water quality management plans, rough grading and precise grading, utility,water
and sewer plans,storm drain plans,hydrology and hydraulics reports, retaining wall
designs,calculations,and public improvement plans. Each project is reviewed initially for
compliance with applicable jurisdictional standards and requirements such as ADA,Fire
Authority,sewer and water purveyor,State or County roadways,Corps of Engineers,
Department of Fish and Game,etc.
It is HFI's goal to have the plans ready for approval by the third check.To accomplish this,
HFI encourages the Engineer to meet with the Plan Checker during the initial submittal to
review the submittal for completeness and to gather information from each other to
understand the nuances of the project and to eliminate misunderstandings.In working
together with the engineer,HFI has minimized delays in the approval process.
HFI will set up a logging system to keep track of the quantity and type of plans that have
been reviewed in house.The logging system records the date when the plans are received
and the date when the plans are submitted back to the City. HFI will also create corre-
spondence letters for each review and document major issues that appear as redlines on
the plans. HFI's logging system allows the firm to answer any questions regarding status
and comments on the plans immediately.It is readily available within HFI's computer
system. HFI will be able to respond to any issue regarding the plan check promptly and
accurately. Detailed explanations of various City,County,and State requirements will be
provided with each plan check review.
ATTACHMENT "A"
Section 3 HFI's approach to providing City requested plan-checking services involves the following
Project procedures and methodology:
Management ■ Screen check first submittal for compliance to City/County and project submittal
requirements and any Conditions of Approval for the project.
• Communicate with the City representative and/or the Designer regarding any
deficiencies or missing documentation.
• Complete first check review and prepare written plan check comments along with
providing redlined plans or reports.
• Maintain the City's interest in terms of safety, potential liability,operation,
maintenance and durability of the proposed improvements.
• Keep up-to-date with the City/County Codes,Standards,and Procedures.
• Maintain up-to-date Plan Check records of correspondence and project documents
• As part of our review efforts,a Quality Control review will be conducted to avoid
unneeded and unnecessary minor comments and engineering opinions.
HFI's reviews will include grading(mass, rough,and precise), parking lot layout,striping,
signing,drainage,water and sewer plans,vehicle site access and circulation,ADA access,
structure review(for miscellaneous retaining and screen walls,fences,and other minor
drainage structures),and right-of-way/easement documents. Review of public improve-
ments to public streets, local drainage and major flood control facilities,and bonding
estimates will also be conducted.
Additional services provided by HFI to our municipal clients include review of Final Maps,
easements,and lot line adjustments.These services are provided by senior staff familiar
with the City's requirements.
At the request of the City, HFI will provide resources to support the City's review of
Development Applications including Tentative Tract Parcel Maps and Site Plans for
compliance with the County's planning and building codes and ordinances with regards to
grading,public improvements,and water quality requirements. HFI will meet with City
staff to evaluate and review the submittal for completeness. HFI will prepare comments to
be included in the Staff Report to the Planning Commission.
A sample General Plan Preparation Check List created by HFI and used as a guide for
providing plan check services is provided in the on the following pages.
General Plan Review Preparation Checklist
L General Plan Requirements
A. Plans conform to public agency conditions of approval(if not, return plans without
further review).
B. Verify requirements of Public Agency(title block,scale,etc.)
C. Horizontal and vertical alignment conform to public agency geometric design
standards(sight distance, minimum centerline radii,minimum and maximum
street grades,vertical curve lengths, intersecting street offsets, intersecting
street angles, length of tangent between reverse curves,superelevation
requirements,etc.)
D. All sheets are signed and properly sealed by the responsible engineer in charge.
E. All sheets are prepared in ink on sheets of standard size,as determined by the
agency.
ATTACHMENT "A"
ILMI
Section 3 F. All sheets are numbered consecutively,"Sheet of,"etc. in the lower right corner.
Project G. All plans are drawn to Agency scale, or other approved scales.Graphic scale shall
Management be placed in all sheets.
H. All lettering to 1/10"at the minimum.
I. North arrows should point to top or right of sheet, if possible.
J. All stationing shall refer to centerline of street unless otherwise noted,shall
increase left to right,and run upstation from south to north or west to east. No
negative stationing allowed.
1. Stationing has preference over north arrow.
2. All streets have continuous stationing and shall be consistent with,or
continue,prior(existing)street stationing,if applicable.
3. Public Agency project number shown in lower right hand corner of all
sheets.
K. Construction notes shall be designated by circles.
L Curve data shall be designated by hexagons.
M. Construction removals shall be designated by squares.
N. Plan revision indicated by triangle with cloud around revision.
M Title Sheet Requirements:
A. Project location on vicinity map.
B. Index map showing the following:
1. Street configuration within project limits.
2. Lot configurations.
3. Tract boundary.
4. Street names/street signs.
5. Index of sheets.
6. City limit lines, if contiguous to tract.
7. North arrow.
8. Scale.
9. Street lights,if requested.
10. Sewer, water and storm drain
improvements(existing and proposed),if requested.
C. Basis of bearings.
D. Benchmark-O.C.S.City BM description,date(year of adjustment),and full
elevation to three decimal places.
E. Engineering firm name,address,telephone number,date plans prepared,seal,
signature, registration number and expiration date of responsible engineer
registered by the State of California.
F. Soils engineer firm name,address,telephone.
G. Archeologist/Paleontologist firm name,address and telephone number, if appli
cable.
H. Public agency name,address telephone number and contact name.
I. Developer/owner name,address and telephone number.
J. Title block containing tract number and tentative tract number, if applicable;
otherwise,give street name and limits of improvements.
K. Water district approval,if applicable.
L Sewer district approval,if applicable.
M. Fire marshal approval, if applicable.
N. Other agency approvals as may be requested.
0. Utility company contracts and phone numbers.
P. Revision Block.
ATTACHMENT "A"
Section 3 Q. General notes.
Project R. Separate individual sheet index listing all sheet descriptions.
Management S. Underground Service Alert(USA)statement.
lb Detail Sheet Requirements
A. Typical sections showing:
1. All geometric dimensions.
2. Existing pavement to be joined or removed.
3. Level line from centerline crown to top of curb with vertical dimension.
Crossfall rates shall also be shown.
4. Structural section to be determined in accordance with public agency
Standards. However,figures should be omitted until recommendation in
the soils report has been accepted.
5. Parkway and sidewalk widths in accordance with public agency
Standards.
6. Rough grading lines, if applicable.
B. Listing of construction notes.
C. Construction details not included in standard drawings.
D. Street intersection details at Agency scale, or other approved scales. Showing
foot design elevations at a grid at on center with contours.
E. Street name sign schedule, if applicable.
F. Summary of quantities.
G. Miscellaneous details as needed to delineate construction.
Quality Control Methods
HFI's Companywide Quality Assurance Plan is closely monitored and includes the following
elements:
• A Project Director and/or Principal of the firm responsible for Quality Assurance/
Quality Control(QA/QC).
• A thorough evaluation of the project's scope of work prior to commencing technical
work to establish a work plan,thus eliminating any"surprises"during the course of
the contract.
• Meeting with City staff at scheduled intervals to review the status of the projects and
address issues identified in the survey process.
• Frequent technical review sessions with principals to evaluate the quality of the
work products.
• Utilizing current software to prepare work products and map out the work Flow for
timely completion of services.
• Utilizing an in-house computer cost control system providing project team members
with weekly updates on the status of percent complete and labor costs and
expenses.
Please see the following Quality Control Flowchart for checklist details.
i
EXHIBIT A-1
i
AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES
THIS AGREEMENT is made and entered into this day of ,
2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city ("City"), and HALL & FOREMAN, INC. ("Consultant").
WITNESSETH :
A. WHEREAS, City proposes to have Consultant perform the on-call plan review
services described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in
connection with the project described below (the "Project") and desire to set forth their
rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Contractor shall furnish on-call plan review services to
City in accordance with Attachment A, attached and incorporated herein. It is agreed that
Consultant shall accomplish all plan reviews in accordance with standards of the City and
shall turnaround plan reviews in three weeks after receipt of all checking material for
standard plan reviews and two weeks for expeditious plan reviews as defined in
Resolution No. 2006-149.
1.2. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
1
EXHIBIT A-1
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify and hold harmless City from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against City for, or
on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assi nom. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and
agrees that as the City's on-call Plan review consultant, Consultant shall maintain
fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations
under this Agreement. Consultant, in performing its obligations under this Agreement, is
governed by California's conflict of interest laws, Government Code Section 87100 et
seq., and Title 2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be paid
for such services in accordance with the provisions of Resolution of the Mayor and
Common Council No. 2006-149.
2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the scope of services specified in the Response unless the City
or its Managing Engineer for this Project, prior to Consultant performing the additional
services, approves such additional services in writing. It is specifically understood that
oral requests and/or approvals of such additional services or additional compensation
2
EXHIBIT A-1
shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Managing
Engineer for approval on a progress basis, but no more often than monthly. Said invoice
shall be based on the total of all Consultant's services which have been completed to
City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days
from the date City receives said invoice. Each invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services
approved and performed pursuant to this Agreement shall be designated as "Additional
Services" and shall identify the number of the authorized change order, where applicable,
on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City or its Managing Engineer for inspection
and/or audit at mutually convenient times for a period of three (3) years from the
Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services shall be performed in strict compliance
with the Project Schedule issued by the Managing Engineer. Failure to commence work
in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (1) year, ending one year after the Effective Date, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties. After successful completion of the first year, an administrative extension of one
additional year may be authorized, subject to agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
3
EXHIBIT A-1
the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
4
EXHIBIT A-1
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly
provided in this Agreement.
6.3. Project Managers. City shall designate a Managing Engineer to work
directly with Consultant in the performance of this Agreement.
5
EXHIBIT A-1
Consultant shall designate a Contract Inspector(s) who shall represent it
and be its agent in all consultations with City during the term of this Agreement.
Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings
called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONSULTANT: IF TO CITY:
Mr. Don Bierman, P.E. Valerie C. Ross
Hall & Foreman, Inc. Director of Development Services
9130 Anaheim Place, Suite 120 300 North "D" Street
Rancho Cucamonga, CA 91730 San Bernardino, CA 92418
Fax: (909) 919-7800 Fax: 909-384-5080
Tel: (909) 919-7801 Tel: 909-384-5357
6.5. Attorneys' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Consultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the term of this Agreement.
6
EXHIBIT A-1
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of Consultant, its employees, agents or subcontractors in the performance of
this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings, reports, documents, information
and data including,but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Consultant or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
shall not, in any way, be liable or responsible for the disclosure of any trade secret
including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.12. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
7
EXHIBIT A-1
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provide all necessary design drawings, estimates and other Consultant professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.13. Prohibited Employment. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy in respect to any occurrence or
event shall not be deemed a waiver of any right or remedy in respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
8
{
f
i
EXHIBIT A-1
6.21. Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing,
if the value of this Agreement, based upon the substantial benefit of the bargain for any
'r
party is materially impaired, which determination as made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
6.22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
x construed together and shall constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
t provisions of this Agreement.
///
9
EXHIBIT A-1
AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
CITY OF SAN BERNARDINO, HALL & FOREMAN, INC.
A Municipal Corporation, Consultant
By
Patrick J. Morris, Mayor ignature
Joe V�t
Name and Title
Approved as to form:
James F. Penman,
City Attorney
By
10
Jul J I vv fv.-•is i n�.� i vi�uvn., n•v. p•
ATTACHMENT "A"
June 19,2006
Mr.Michael Grubbs,P.E.
Engineering Manager/Field Engineer
City of San Bernardino
300 North"D"Street
3rd Floor
San Bernardino,CA 92418
Subject: Public Works Plan Review Services
Dear Mr.Grubbs:
Hall&Foreman,Inc. (HFI)understands that the key to provicing the City of Sar,Bernardino with successful projects
is a dedicated team experienced in plan review projects;who can perform the necessary street improvement,
sewer,storm drain,grading,hydrology/hydraulic reports,structural calculations, tract and parcel maps, right-of-
way and easement,traffic signal and study plan review services; ar,d who nas the City and community foremost in
their plan. HFI's team is the key to successful completion of these important projects.
The Daily Point of Contact for City of San Bernardino's projects is:
Don Bierman, P.E.,Project Director
9130 Anaheim Place,Suite 120
Phone:(909)919-7800 ext.834,Fax:(909)919-7801
E-mail:dbierman Wnc.com
HFI would like to draw the City of San Bernardino's attention to these key benefits:
■ Proven Plan Review Services Project Success
HF1-,,s familiar with City of San Bernardino plan review services and knows the standards, policies,and
procedures involved. HFI's staff is currently providing plan review services for the cities of Tustin,Brea,
Diamond Bar,Yucaipa,Temecula,and Murrieta;the Los Angeles County Department of Public Works
(LADPW);and County of Orange.HFI's long-term working relationship with these and other public agencies
and the firm's level of contract renewals provers that HFI knows how to get the job done successfully.
■ The City of San Bernardino Can Rely on HFI's Project Manager Expertise
HFI's assigned Project Manager,Don Bierman,P.E., has over 3S years of civil engiree-ing experience in
the management,engineering,and design of street improvement projects,storm drain, site development,
commercial, industrial, residential,and public works projects. He recently managed and designed projects
for the Cities of Ontario, Upland,and La Canada Flintridge and has plan check experience with the Cities of
Riaito,Corona, and San Bernardino County. Mr Bierman will manage and be responsible for the team's plan
check review services.Mr. Bierman will also meet with County staff,as needed,to discuss project progress.
■ Established Quality Assurance/Quality Control(QAIQC)Program
HFI has a proven in-house QAJQC Program,which addresses the stages of formal reviews.HFI's philosophy
and culture is focused on Senior Management involvement and Client satisfaction.HF1 looks at each
assignment as a partnering arrangement with the Clients and the other agencies/municipalities involved. HFI
will provide a written outline of the QA;QC measures customized for the City of San Bernardino, if they so
choose.The fact that 80%of HFI's works repeat business should speak for the QA/QC Program
Management; however,the City of San Berna-dino is encouraged to contact the references provided
regarding past project experience and performance.
Q6130-000
'Jul ^. "" '"'`." ��, �
��TT^�,~��^_���^`T ^�
HF1wiUnot be utilizing the services of asutconsuktant to perform the plan review services.HR's proposal dated June
19, 2U06shall remain valid for aperiod of not less than 90 days. HFI has received and acknowledges t�ieCity of San
Bernardino's Addendum No. I dated May 8, 2006,Addenclurn No. 2 dated May 22, 2CO6,and concurs with Addendum
No. J dated June 12,2DQ6'
Choosing HFX for this project will satisfy the City with a Project Manager and consultant team that understands on-call
plan review and puts the City foremost i n their plan.HF1 appreciates this opportunity to be of service to the City of
San Bernardino.If City staff has any questions, please do not hesitate to call me directly at 1909) 919-7834.
Sincerely;
Hall&Foreman,Inc.
Don Bierman,P'E.
Project Director
ATTACHMENT "'A"'
Section • •
Project
Collectively,HFI's
Plan Check Review
Team has over 350 «,� �,�
years of experience i ° �;IiR0
working on plans
Project Manager Principal in Charge
Don Bierman, P.E. )on E. Gowgeor:, l'-I
Quality Assurance/
Quality Control
Lead Plan Checker
Vivian Chen, E.LT.
Street, Sewer, precise/Rough H drolo
& Storm Drains Y 9Y/ Retaining Wall/
Gerald Hofmaister, P.E. Grading Hydraulic Reports Structural
Vivian Chen, E.LT. Pavel Horn, P.E. Robbie Mahmood, P.E. Robbie Mahmood, 1'.0
Rolando Maling Rita Escobar, E.LT. Vivian Chen, E.LT. Harold Garcelon, P.C.
Tract/Parcel Maps Right of Way/
William Hoff, P.L.S. Easements Traffic Signal/
Rolando Maling Mike Navarro, P.L.S. Studies
Andy Powell Cindy Shambeck, L.S.I.T. Harold Garcelon, P.E.
Silvia Scintee Mark Monroe, P.L.S. Juan Vargas
William Hoff, P.L.S.
UP07Kill & Foreman_ lnc_
ATTACHMENT "A"
Section 3 Project Approach
Project It is HFI's plan to assign a single individual Lead Plan Checker to work with the City and
Management coordinate reviews between various City departments and HFI project team members.
This individual will maintain HFI's submittal log record, inspection report log,and daily
reports and along with other team members,will be available to meet with Developers
and their Engineers to discuss and resolve design issues.This individual will also coordi-
nate with City staff to obtain project guidelines and requirements such as current Condi-
tions of Approval for private development project(s)assigned to HFI's project team.HFI's
Project Manager and other team members will be made available to provide expedited
reviews upon request from the City.
It is HFI's goal to provide the requested Plan Checking Services to meet the City's needs.
With HFI's team of qualified engineers available to the City, HFI's goal will be to complete
all first check reviews within a maximum two-week turnaround time period. Depending on
the complexity and number of comments from earlier reviews,a one-week review turn-
around goal will be established for all additional reviews.
Internal •
Proc ess involves In addition to reviewing improvement and development plan submittals,at the City's
oversight from a
request, HFI's services can include review of tentative maps for compliance with applicable
Project Direct• development and City/County standards and acceptable engineering practices,the review
whose speciality of development site plans,flood control design reviews,WQMP/SUSMP/SWPPP reviews,
relates to the type of the review of public infrastructure improvement plans,and constructability reviews of final
plans being reviewed
traffic, PS&E construction documents.
street, sewer, etc.) Scope of Services
HFI will plan check the engineers'submittal including studies,reports, maps,survey
closures,title reports,legal documentations,geotechnical reports,traffic studies, EIR's,
EIS's,water quality management plans, rough grading and precise grading, utility,water
and sewer plans,storm drain plans, hydrology and hydraulics reports, retaining wall
designs,calculations,and public improvement plans. Each project is reviewed initially for
compliance with applicable jurisdictional standards and requirements such as ADA,Fire
Authority,sewer and water purveyor,State or County roadways,Corps of Engineers,
Department of Fish and Game,etc.
It is HFI's goal to have the plans ready for approval by the third check.To accomplish this,
HFI encourages the Engineer to meet with the Plan Checker during the initial submittal to
review the submittal for completeness and to gather information from each other to
understand the nuances of the project and to eliminate misunderstandings.In working
together with the engineer, HFI has minimized delays in the approval process.
HFI will set up a logging system to keep track of the quantity and type of plans that have
been reviewed in house.The logging system records the date when the plans are received
and the date when the plans are submitted back to the City. HFI will also create corre-
spondence letters for each review and document major issues that appear as redlines on
the plans. HFI's logging system allows the firm to answer any questions regarding status
and comments on the plans immediately.It is readily available within HFI's computer
system. HFI will be able to respond to any issue regarding the plan check promptly and
accurately. Detailed explanations of various City,County,and State requirements will be
provided with each plan check review.
■ . 1 IN
ATTACHMENT "A"
Section 3 HFI's approach to providing City requested plan-checking services involves the following
Project procedures and methodology:
Management ■ Screen check first submittal for compliance to City/County and project submittal
requirements and any Conditions of Approval for the project.
• Communicate with the City representative and/or the Designer regarding any
deficiencies or missing documentation.
• Complete first check review and prepare written plan check comments along with
providing redlined plans or reports.
• Maintain the City's interest in terms of safety, potential liability, operation,
maintenance and durability of the proposed improvements.
• Keep up-to-date with the City/County Codes,Standards,and Procedures.
• Maintain up-to-date Plan Check records of correspondence and project documents
• As part of our review efforts,a Quality Control review will be conducted to avoid
unneeded and unnecessary minor comments and engineering opinions.
HFI's reviews will include grading(mass,rough,and precise),parking lot layout,striping,
signing,drainage,water and sewer plans,vehicle site access and circulation,ADA access,
structure review(for miscellaneous retaining and screen walls,fences, and other minor
drainage structures),and right-of-way/easement documents. Review of public improve-
ments to public streets, local drainage and major Flood control facilities,and bonding
estimates will also be conducted.
Additional services provided by HFI to our municipal clients include review of Final Maps,
easements, and lot line adjustments.These services are provided by senior staff familiar
with the City's requirements.
At the request of the City, HFI will provide resources to support the City's review of
Development Applications including Tentative Tract Parcel Maps and Site Plans for
compliance with the County's planning and building codes and ordinances with regards to
grading, public improvements, and water quality requirements. HFI will meet with City
staff to evaluate and review the submittal for completeness. HFI will prepare comments to
be included in the Staff Report to the Planning Commission.
A sample General Plan Preparation Check List created by HFI and used as a guide for
providing plan check services is provided in the on the following pages.
General Plan Review Preparation Checklist
L General Plan Requirements
A. Plans conform to public agency conditions of approval(if not, return plans without
further review).
B. Verify requirements of Public Agency(title block,scale,etc.)
C. Horizontal and vertical alignment conform to public agency geometric design
standards(sight distance, minimum centerline radii,minimum and maximum
street grades,vertical curve lengths, intersecting street offsets, intersecting
street angles, length of tangent between reverse curves, superelevation
requirements,etc.)
D. All sheets are signed and properly sealed by the responsible engineer in charge.
E. All sheets are prepared in ink on sheets of standard size, as determined by the
agency.
ATTACHMENT "A"
Section 3 F. All sheets are numbered consecutively,"Sheet of,"etc. in the lower right corner.
Project G. All plans are drawn to Agency scale, or other approved scales. Graphic scale shall
Management be placed in all sheets.
H. All lettering to 1/10"at the minimum.
I. North arrows should point to top or right of sheet, if possible.
J. All stationing shall refer to centerline of street unless otherwise noted,shall
increase left to right,and run upstation from south to north or west to east. No
negative stationing allowed.
1. Stationing has preference over north arrow.
2. All streets have continuous stationing and shall be consistent with, or
continue, prior(existing)street stationing, if applicable.
3. Public Agency project number shown in lower right hand corner of all
sheets.
K. Construction notes shall be designated by circles.
L Curve data shall be designated by hexagons.
M. Construction removals shall be designated by squares.
N. Plan revision indicated by triangle with cloud around revision.
IL Title Sheet Requirements:
A. Project location on vicinity map.
B. Index map showing the following:
1. Street configuration within project limits.
2. Lot configurations.
3. Tract boundary.
4. Street names/street signs.
5. Index of sheets.
6. City limit lines, if contiguous to tract.
7. North arrow.
8. Scale.
9. Street lights,if requested.
10. Sewer, water and storm drain
improvements(existing and proposed),if requested.
C. Basis of bearings.
D. Benchmark-O.C.S.City BM description,date(year of adjustment),and full
elevation to three decimal places.
E. Engineering firm name, address,telephone number,date plans prepared, seal,
signature,registration number and expiration date of responsible engineer
registered by the State of California.
F. Soils engineer firm name,address,telephone.
G. Archeologist/Paleontologist firm name,address and telephone number, if appli
cable.
H. Public agency name,address telephone number and contact name.
I. Developer/owner name,address and telephone number.
J. Title block containing tract number and tentative tract number,if applicable;
otherwise,give street name and limits of improvements.
K. Water district approval,if applicable.
L Sewer district approval, if applicable.
M. Fire marshal approval, if applicable.
N. Other agency approvals as may be requested.
0. Utility company contracts and phone numbers.
P. Revision Block.
ATTACHMENT "A"
Section 3 Q. General notes.
Project R. Separate individual sheet index listing all sheet descriptions.
Management S. Underground Service Alert(USA)statement.
Its Detail Sheet Requirements
A. Typical sections showing:
1. All geometric dimensions.
2. Existing pavement to be joined or removed.
3. Level line from centerline crown to top of curb with vertical dimension.
Crossfall rates shall also be shown.
4. Structural section to be determined in accordance with public agency
Standards. However,figures should be omitted until recommendation in
the soils report has been accepted.
5. Parkway and sidewalk widths in accordance with public agency
Standards.
6. Rough grading lines, if applicable.
B. Listing of construction notes.
C. Construction details not included in standard drawings.
D. Street intersection details at Agency scale, or other approved scales. Showing
foot design elevations at a grid at on center with contours.
E. Street name sign schedule, if applicable.
F. Summary of quantities.
G. Miscellaneous details as needed to delineate construction.
Quality Control Methods
HFI's Companywide Quality Assurance Plan is closely monitored and includes the following
elements:
• A Project Director and/or Principal of the firm responsible for Quality Assurance/
Quality Control(QA/QC).
• A thorough evaluation of the project's scope of work prior to commencing technical
work to establish a work plan,thus eliminating any"surprises"during the course of
the contract.
• Meeting with City staff at scheduled intervals to review the status of the projects and
address issues identified in the survey process.
• Frequent technical review sessions with principals to evaluate the quality of the
work products.
• Utilizing current software to prepare work products and map out the work flow for
timely completion of services.
• Utilizing an in-house computer cost control system providing project team members
with weekly updates on the status of percent complete and labor costs and
expenses.
Please see the following Quality Control Flowchart for checklist details.
EXHIBIT A-2
AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES
THIS AGREEMENT is made and entered into this day of ,
2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter
city ("City"), and AEI-CASC Engineering, Inc. d.b.a. AEI-CASC Consulting
("Consultant").
WITNESSETH :
A. WHEREAS, City proposes to have Consultant perform the on-call plan review
services described herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all
necessary licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in
connection with the project described below (the "Project") and desire to set forth their
rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Contractor shall furnish on-call plan review services to
City in accordance with Attachment A, attached and incorporated herein. It is agreed that
Consultant shall accomplish all plan reviews in accordance with standards of the City and
shall turnaround plan reviews in three weeks after receipt of all checking material for
standard plan reviews and two weeks for expeditious plan reviews as defined in
Resolution No. 2006-149.
1.2. Professional Practices. All professional services to be provided by
Consultant pursuant to this Agreement shall be provided by personnel experienced in
their respective fields and in a manner consistent with the standards of care, diligence and
skill ordinarily exercised by professional consultants in similar fields and circumstances
in accordance with sound professional practices. Consultant also warrants that it is
familiar with all laws that may affect its performance of this Agreement and shall advise
City of any changes in any laws that may affect Consultant's performance of this
Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required
by this Agreement in compliance with all applicable Federal and California employment
laws including, but not limited to, those laws related to minimum hours and wages;
1
EXHIBIT A-2
occupational health and safety; fair employment and employment practices; workers'
compensation insurance and safety in employment; and all other Federal, State and local
laws and ordinances applicable to the services required under this Agreement.
Consultant shall indemnify and hold harmless City from and against all claims, demands,
payments, suits, actions, proceedings, and judgments of every nature and description
including attorneys' fees and costs, presented, brought, or recovered against City for, or
on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other
category protected by law, except as permitted pursuant to Section 12940 of the
Government Code. Violation of this provision may result in the imposition of penalties
referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other consultants for services similar to the services that are subject
to this Agreement or may have its own employees perform services similar to those
services contemplated by this Agreement.
1.6. Delegation and Assi ng ment. This is a personal service contract, and the
duties set forth herein shall not be delegated or assigned to any person or entity without
the prior written consent of City.
1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and
agrees that as the City's on-call Plan review consultant, Consultant shall maintain
fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations
under this Agreement. Consultant, in performing its obligations under this Agreement, is
governed by California's conflict of interest laws, Government Code Section 87100 et
seq., and Title 2, California Code of Regulations Section 18700 et seq.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be paid
for such services in accordance with the provisions of Resolution of the Mayor and
Common Council No. 2006-149.
2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the scope of services specified in the Response unless the City
or its Managing Engineer for this Project, prior to Consultant performing the additional
services, approves such additional services in writing. It is specifically understood that
oral requests and/or approvals of such additional services or additional compensation
2
EXHIBIT A-2
shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Managing
Engineer for approval on a progress basis, but no more often than monthly. Said invoice
shall be based on the total of all Consultant's services which have been completed to
City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days
from the date City receives said invoice. Each invoice shall describe in detail, the
services performed and the associated time for completion. Any additional services
approved and performed pursuant to this Agreement shall be designated as "Additional
Services" and shall identify the number of the authorized change order, where applicable,
on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City or its Managing Engineer for inspection
and/or audit at mutually convenient times for a period of three (3) years from the
Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the
Effective Date of this Agreement. Said services shall be performed in strict compliance
with the Project Schedule issued by the Managing Engineer. Failure to commence work
in a timely manner and/or diligently pursue work to completion may be grounds for
termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond
the reasonable control of a party.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (1) year, ending one year after the Effective Date, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties. After successful completion of the first year, an administrative extension of one
additional year may be authorized, subject to agreement of both parties.
4.2. Notice of Termination. The City reserves and has the right and privilege
of canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
3
EXHIBIT A-2
the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date
of termination in accordance with the fees set forth herein. In ascertaining the
professional services actually rendered hereunder up to the effective date of termination
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery
of termination notice to Consultant, at no cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
injury with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
4
EXHIBIT A-2
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al insureds with respect to this subject project and contract with
City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled,
nor the coverage reduced, until thirty (30) days after written notice
is given to City."
(c) Other insurance: "Any other insurance maintained by the City of
San Bernardino shall be excess and not contributing with the
insurance provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above,
in a form and content approved by City, prior to performing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement
between the parties with respect to any matter referenced herein and supersedes any and
all other prior writings and oral negotiations. This Agreement may be modified only in
writing, and signed by the parties in interest at the time of such modification. The terms
of this Agreement shall prevail over any inconsistent provision in any other contract
document appurtenant hereto, including exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee
shall be the representative of City for purposes of this Agreement and may issue all
consents, approvals, directives and agreements on behalf of the City, called for by this
Agreement, except as otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on
behalf of Consultant called for by this Agreement, except as otherwise expressly
provided in this Agreement.
6.3. Project Managers. City shall designate a Managing Engineer to work
directly with Consultant in the performance of this Agreement.
5
EXHIBIT A-2
Consultant shall designate a Contract Inspector(s) who shall represent it
and be its agent in all consultations with City during the term of this Agreement.
Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings
called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery, facsimile or mail and shall be addressed as set forth below. Such
communication shall be deemed served or delivered: a) at the time of delivery if such
communication is sent by personal delivery; b) at the time of transmission if such
communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as
reflected by the official U.S. postmark if such communication is sent through regular
United States mail.
IF TO CONSULTANT: IF TO CITY:
Mr. Ceazar V. Aguilar, P.E., Valerie C. Ross
AEI-CASC Consulting Director of Development Services
937 S. Via Lata, Suite 500 300 North"D" Street
Colton, CA 92324 San Bernardino, CA 92418
Fax: (909) 783-0101 Fax: 909-384-5080
Tel: (909) 783-0108 Tel: 909-384-5357
6.5. Attorneys' Fees. In the event that litigation is brought by any party in
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Attorney and members of his office in enforcing this contract on
behalf of the City shall be considered as "attorneys' fees" for the purposes of this
paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed
under the laws of the State of California without giving effect to that body of laws
pertaining to conflict of laws. In the event of any legal action to enforce or interpret this
Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of
competent jurisdiction located in San Bernardino County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law
assign, transfer, sublet or encumber all or any part of Consultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Consultant of Consultant's obligation to perform all other
obligations to be performed by Consultant hereunder for the term of this Agreement.
6
EXHIBIT A-2
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend,
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of Consultant, its employees, agents or subcontractors in the performance of
this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his
expense, and be responsible for any and all payment of Income Tax, Social Security,
State Disability Insurance Compensation, Unemployment Compensation, and other
payroll deductions for Consultant and its officers, agents, and employees, and all business
licenses, if any are required, in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings, reports, documents, information
and data including, but not limited to, computer tapes or discs, files and tapes furnished
or prepared by Consultant or any of its subcontractors in the course of performance of
this Agreement, shall be and remain the sole property of City. Consultant agrees that any
such documents or information shall not be made available to any individual or
organization without the prior consent of City. Any use of such documents for other
projects not contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
indemnify and hold harmless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not contemplated by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes,
discs, files audio tapes or any other Project related items as requested by City or its
authorized representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is aware
that all reports, documents, information and data including, but not limited to, computer
tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the California Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or information that qualify as trade secrets, as that
term is defined in the California Government Code Section 6254.7, and of which
Consultant informs City of such trade secret. The City will endeavor to maintain as
confidential all information obtained by it that is designated as a trade secret. The City
shall not, in any way, be liable or responsible for the disclosure of any trade secret
including, without limitation, those records so marked if disclosure is deemed to be
required by law or by order of the Court.
6.12. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification
7
EXHIBIT A-2
and/or explanation as may be required by the City's representative, regarding any
services rendered under this Agreement at no additional cost to City. In the event that an
error or omission attributable to Consultant occurs, then Consultant shall, at no cost to
City, provide all necessary design drawings, estimates and other Consultant professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.13. Prohibited Employment. Consultant will not employ any regular
employee of City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in the performance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or
incidental beneficiaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or
interpretation arises with respect to this Agreement, this Agreement shall be construed as
if drafted jointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
No waiver of any provision of this Agreement shall be effective unless in writing and
signed by a duly authorized representative of the party against whom enforcement of a
waiver is sought. The waiver of any right or remedy in respect to any occurrence or
event shall not be deemed a waiver of any right or remedy in respect to any other
occurrence or event, nor shall any waiver constitute a continuing waiver.
8
EXHIBIT A-2
6.2 1. Severability. If any provision of this Agreement is determined by a court
of competent jurisdiction to be unenforceable in any circumstance, such determination
shall not affect the validity or enforceability of the remaining terms and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing,
if the value of this Agreement, based upon the substantial benefit of the bargain for any
party is materially impaired, which determination as made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
6.22. Counterparts. This Agreement may be executed in one or more
counterparts, each of which shall be deemed an original. All counterparts shall be
construed together and shall constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of
the parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
9
EXHIBIT A-2
AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their respective authorized officers, as of the date first above
written.
AEI-CASC ENGINEERING, INC.
CITY OF SAN BERNARDINO, d.b.a. AEI-CASC CONSULTING,
A Municipal Corporation, Consultant
By
Patrick J. Morris, Mayor Signatute
Y
Name and Tit
Approved as to form:
James F. Penman,
City Attorney
By
10
ATTACHMENT "A"
A E C A S C
C O N S U LT I N G
June 26, 2006
City of San Bernardino
Development Services Department
Michael Grubbs, Engineering Manager/Field Engineer
300 North "D" Street
San Bernardino, CA 92418
RE: PROPOSAL TO PROVIDE PUBLIC WORKS PLAN REVIEW SERVICES
Dear Mr. Grubbs,
AEI-CASC Engineering, Inc. (dba AEI-CASC Consulting) appreciates the opportunity to submit our
qualifications to the City of San Bernardino. This Statement of Qualifications identifies a team that
is available to attend to a wide variety of Public Works Plan Review Services. The assembled team
can perform all of the revised services with the exception of specialized structural design
calculations.
As the Project Manager and lead contact, Mr. Hosford will perform and oversee the as-needed plan
review services. He has over twenty years of experience including plan checking in the City of
Redlands, design of large development projects, and being in responsible charge of nearly forty
street improvement projects in Southern California, including several roadway rehabilitation
projects in San Bernardino.
The AEI-CASC Engineering Team offers the City of San Bernardino:
➢ Experience - The Core Project Team Members have direct related experience
in providing Plan Checking Services to Public Agencies.
➢ Proximity - The Services will be performed from the Colton Office, located
5.22 miles from City Hall, allowing for quick responses and easy deliveries.
➢ Availability - Currently Ranked as the Sixth largest Engineering Firm in the
Inland Empire, and with a total of 8 Registered Civil Engineers and 35
Technical Staff, AEI-CASC is fully capable to meet the City's turn-around
requirements.
➢ Full Service - With the Review of Street, Storm Drain, Sewer, Rough and
Precise Grading Plans, Hydrology/Hydraulic Reports, Retaining Wall
calculations, and Tract & Parcel Map and Right of Way and Easement
Documents performed in this office and the Traffic Signal and Traffic Studies
performed by our Sub Consultant Transportation & Energy Solutions, we offer
the City all of the Review services with the exception of Structural Design
Calculations.
➢ Efficiency - Using proven review and check procedures, while striking a
balance between understanding codes and agency standards and utilizing
engineering design knowledge, AEI-CASC provides effective and efficient
service.
➢ Commitment - The firm's Principals are committed to provide the necessary
personnel and financial resources to successfully deliver the Services in a
timely manner.
CIVIL ENGINEERING PLANNING SURVEYINC ENVIRONMENTAL ENGINEERING
937 S. VIA LATA, SUITE 500 • COLTON CA 92324 • 909.783.0101 • 909.783.0108 FAX
www.aei-casc.com
i
ATTACHMENT "A"
We have received three addenda to the original Request for Proposal dated April 6, 2006 and this
proposal shall remain valid for a period not less than 90 days from the date of the submittal.
Please review our attached Qualifications. It briefly summarizes our methodology, outlines our
understanding of the necessary work, and provides an overview of our key personnel. Upon your
finding our qualifications suitable to the city's needs, we will gladly discuss logistical, scheduling,
and various service oriented details with you. We are confident that you will find our project team
to be very capable of performing a variety of work for the City of San Bernardino and AEI-CASC
looks forward to working with you and maintaining a long lasting mutually beneficial and
professional relationship.
Sincerely,
AEI-CASC CONSULTING
Ceazar V. Aguilar, P.E.
Principal-in-Charge
AEI ' CASC ATTACHMENT "A"
' PROPOSAL FOR PUBLIC WORKS PLAN REVIEW
C O N S U L T I N G CITY OF SAN BERNARDINO
AEI-CASC COMPANY OVERVIEW
Established in 1993 to provide professional engineering, surveying, and technical support to public and private
enterprises, AEI-CASC Consulting has grown from a staff of four to a current level of over one hundred and eighty
employees. Since 1998, AEI-CASC has been ranked in the top three Inland Empire civil engineering firms (based on
local area gross revenues by the Inland Empire's Business Press).
AEI-CASC's principals formed the corporation in response to California's changing business climate, which demands
a combination of large company technology and small company service. As part of that dedication to service, the
principals take an active role in working closely with clients and staff to offer the experience and technical
capabilities of a large-sized firm with the up-close and personal service customary with smaller firms.
Another attribution of AEI-CASC 's success is in providing a broad spectrum of civil engineering services ranging
from feasibility studies, to final engineering reports and drawings, to construction management and surveying with
the ability to service projects of all sizes and complexities in a competent, timely, and cost-effective manner.
SERVICES
AEI-CASC provides consulting services to public agencies for the design of drainage, water, and sewer facilities
including surveying and construction management.
In addition to Public Works, AEI-CASC's Land Use and Planning Department and Private Engineering Department
exchange staff members to provide the client with the most experienced team and to expand the staff knowledge
base. The combination of personnel from all departments creates a pool of experience and knowledge that has
proven successful with our clients.
We know that there are many firms capable of providing adequate engineering services. However, for the following
reasons, we believe that we are uniquely qualified to provide these services with an exceptional level of quality and
service beyond that of our competitors:
• Experience - AEI-CASC's four principals and key staff members have worked for some of Southern California's
largest consulting firms and have accumulated a significant amount of combined civil engineering and land
surveying experience since 1970. The experience of the firm, combined with the experience of the team
members on projects with different engineering elements and agencies, is extensive.
• Service - We have built our firm around providing excellent service to all of our clients. While most consulting
firms were downsizing their operations in the 1990's, we built ours up from a staff of four in 1993 to our current
staff of over one hundred and fifty employees. As you know, in the engineering environment, over 80% of a
company's work derives from repeat clients. AEI-CASC will work hard to provide quality service that assures a
long lasting and mutually beneficial professional relationship.
• Resources - In approaching a project, AEI-CASC draws upon the many talents of its versatile staff. The
knowledge and experience from unassigned staff, ranging from the surveying to the planning department are
considered a valuable asset.
TRANSPORTATION AND ENERGY SOLUTIONS, INC. OVERVIEW
Transportation & Energy Solutions, Inc. (TES) has been providing transportation engineering and planning
consulting services to public and private clients since forming in October 2001. The founding members, Glen
Pedersen, P.E., and Nathaniel Behura, M.S., M.B.A. and have been active in the fields of transportation
engineering and planning, Intelligent Transportation Systems, and energy efficient transportation solutions for over
16 years each. As a small firm, TES offers their clients exceptional quality by committing a high level of
involvement by one or both principals on all projects. TES' low overhead enables them to offer these services at
competitive prices. In addition, TES is a registered DBE and small business enterprise (SBE).
Glen Pedersen will be the TES task manager for all traffic related activities. Work on this project by TES will be
conducted primarily from our La Habra Heights office located at:
441 Skyline Drive
La Habra Heights, CA 90631
(562) 691-6635
ATTACHMENT "A"
ORGANIZATIONAL CHART AE1 `rCASC
C O N S L L T I N G
San Bernar 'ino
Ceazar Aguilar, P.E.
Principal-in-Charge
Steve . .
Project Manager
Project Engineers
Ruel Ituralde, P.E.
• Street Improvements
• Rough Grading
• Retaining Wall
Matt Bennett, P.E.
• Precise Grading
Samuel Cruz, P.E.
• Sewer Improvements
Aric Torreyson, P.E.
• Storm Drain Improvements
• Hydrology/Hydraulic
Reports
Bill Addington, P.E.,L.S.
• Tracts and Parcel Maps
• R/W & Easement Docs
Glen Pederson, P.E.
• Traffic Signal Plans
• Traffic Studies
AEIAr', CA S C ATTACHMENT "A"
PROPOSAL FOR PUBLIC WORKS PLAN REVIEW
C O N S U L T I N G CITY OF SAN BERNARDINO
PROJECT TEAM OVERVIEW
Ceazar Aguilar, P.E. - Principal-in-Charge is charged with ensuring that the resources and support are available
and fully adequate to successfully complete the necessary assignments, tasks, and projects. As one of the firm's
partners, Mr. Aguilar takes a personal interest in making certain that the services provided to the City of San
Bernardino maximizes the economy and the efficiency of the assignment. Mr. Aguilar's engineering career began as
a plan checker for Riverside County Flood Control District and will provide a supporting role in overseeing the review
of Hydrology: Hydraulic Reports.
Steve J. Hosford, P.E., Project Manager - Serves as the City's main day-to-day contact for Plan Checking and
other Support Services. Mr. Hosford is currently providing plan checking support to the City of Redlands and has
been in responsible charge of over forty roadway improvement design projects in Southern California, including
several projects in San Bernardino. For general support and for review of specialized services, Mr. Hosford will rely
on the talent of AEI-CASC Engineering team members listed below.
Ruel Ituralde, P.E., as Project Engineer, will provide and oversee the plan check review of Street Improvements &
Grading Plans along with calculations for Retaining Walls. Mr. Ituralde has more than 23 years of civil engineering
design and project management experience including Plan Checking at the City of Industry. Ruel will be supported
by a designated staff design engineer.
Matt Bennett, P.E., as Project Engineer, Matt will provide plan check support for grading plans and precise grading
plans. The task of reviewing grading plans will be shared between Mr. Ituralde and Mr. Bennett. Matt's in depth
experience in providing residential development plan design has made him especially well qualified for this task. Mr.
Bennett will be supported by a designated staff design engineer.
Mr. Samuel Cruz, Sewer Plan Checker - With approximately 25 years of design experience focusing on water
and sewer design for residential development, Mr. Cruz will provide plan checking for all sewer plans. Mr. Cruz has
been under contract with the Eastern Municipal Water District to provide plan checking services. Though a citizen of
the United States, Mr. Cruz holds a Civil Engineering degree and license in the Philippines. Sam will be supported
by a qualified and available staff design engineer.
Bill Addington, P.E. & L.S. Mapping Review - under the direction of Steve Hosford, Mr. Addington will review
Tract Maps, Lot line Adjustments, Legal Descriptions and Plats, and other survey related reviews for compliance
with Subdivision Map Act and the City's standards. Mr. Addington is currently providing as needed review at the City
of Redlands. Assisting Mr. Addington will be Mr. James Wilson, L.S.I.T. Mr. Wilson has over six years of experience
in mapping, calculations, and design. James will be available to make sure the commitments to the city are met.
Aric Torreyson, P.E. Drainage - Is available to provide drainage report review and storm drain plan check for the
City of San Bernardino. In his five years at AEI-CASC Engineering, he has been in responsible charge of several
Storm Drain Design projects in the Inland Empire. In his six years at AEI-CASC Consulting, he has been in
responsible charge of several storm drain design projects in the Inland Empire. Mr. Torreyson will be supported by
Ceazar Aguilar to assure the reviews are thorough and complete, and will be assisted by Mr. Daniel DeMaio, senior
designer, in performing drainage report review. Mr. DeMaio has over 15 years of experience and is currently
providing Plan Checking assistance for the City of Redlands.
Mr. Glen Pedersen, P.E., Traffic Engineering Review Support - Vice President of Transportation & Energy
Solutions (DBE), provides the engineering and design of Traffic Control Plans and other required traffic related
plans. Review of traffic signal plans and traffic studies. Mr. Pederson has seventeen years of engineering
experience, solely in the traffic and transportation field. Assisting Mr. Pederson is Mr. Chad Martinell, E.I.T.,
design engineer with four years experience in traffic engineering.
A E I �' C A S C ATTACHMENT "A"
PROPOSAL FOR PUBLIC WORKS PLAN REVIEW
C O N S U L T I N G CITY OF SAN BERNARDINO
AEI-CASC WORK PLAN
STAFF AVAILABILITY & ALLOCATION
For the sake of providing the City of San Bernardino with evidence that AEI-CASC Engineering has the staff and the
availability to perform the plan reviews in the timely manner stated in the RFP, an approximate breakdown of
review services and the contract annual total hours have been estimated.
• Based on similar experience and with a basic understanding of the size and needs of the City, an estimate of
approximately 2000 hours a year of Plan Review Services may be needed to fulfill the City's obligations.
• Also, the proportional breakdown of each specific review function has been estimated to demand the overall
percentage of time as shown.
■Street Improvement Plans
I
®Sewer Improvement Plans
i
1 ❑Storm Drain Improvement Plans
&Hydrology/Hydraulic Reports
S%
❑Rough and Presice Grading
Plans
❑Retaining Wall
i
20% i
■Tract&Parcell Maps&Right of
30% Way and easement documents
I
■Traffic Signal Plans&Traffic
Studies
From the assigned duties as mentioned in the Project Team Overview, the approximate percentage of Checking
time, including Project Management is shown in the table below including the individual estimated percentage of
time allocated to other assignments.
rEngineer �Cert.CA Project Principal Project Project Design Project Designer Project Designer Project Design
License Manager Engineer Engineer Engine Engineer Engineer L.S.I.T. Engineer Engineer Engineer
P.E. P.E. P.E. P.E. L.S.&P.E. P.E. P.E. E.I.T.
Assignments Project Principal Street& Precise Streets, Mapping&Easements Drainage Plans& Traffic Engineering
Manager In Grading Grading Plans Grading, Reports
Charge Retaining Plans Sewers
Drainage Walls Support
Reports
Other 75% 75% 75% 80% 85% 75% 75% 85% 80% 80% 85% 85%
Commitments
San 14% 50/0 180/0 110/0 3% 200/6 80/0 5% 6% 7% 2% 2%
Bernardino
Percent
Allocated
Remaining 11% 1 20% 1 7% 1 9% 1 12% 5% 14% 13% 1 13% 13%
Availability
As the table above indicates, the estimated percentage of time needed for this assignment, for example, 14% for
Steve, and 18% for Ruel, result in each project team member not overextending their overall commitments. Also,
to assure there is availability with the support of Street, Grading, and Sewer Plan Review, more than one Design
Engineer may be assigned.
ATTACHMENT "A
AE I rC AS C "
PROPOSAL FOR PUBLIC WORKS PLAN REVIEW
C O N S U L T I N G CITY OF SAN BERNARDINO
PLAN REVIEW APPROACH
The following is the step-by-step process to be used for Plan Review:
1. Plans Ready to Review
■ Information provided by the City - The City provides Plans, the Conditions of Approval, the Cost Estimate
and Review Budget, and back-up information such as site photographs, plans of adjacent improvements,
and conceptual grading plans.
• Cursory Review - Before accepting the plans, a brief review is performed at the City to make sure the plans
are at a quality level ready for review. It is recommended that criteria concerning the readiness for review
are established by AEI-CASC and the accepted by the City at the beginning of this contract. Plans deemed
not ready for review are rejected.
2. Quality Control Measures
• Approach - Plan Check Comments do not include suggesting a more efficient design, or providing solutions
to deficiencies, or critiquing another firm's approach. The sole objective of plan checking is to assure that
the design meets the City's conditions, design criteria and standards.
• Methods - As you know, plan checking is more involved than following a standards design checklist. It
requires solid design experience and understanding. A combination of methods is used to assure a quality
plan review.
• Checklists - The use of standard checklists is an efficient way of conducting the reviews and maintaining a
record of the comments for the following reviews. AEI-CASC has developed checklists for reviewing Street,
Grading, Sewer, and Storm Drain Plans and if need be is willing to use the City's standard Checklists.
• City of San Bernardino Standards & Design Criteria - AEI-CASC will use the City's standards, dated March
16, 2005 contains many Standards Plans and the design criteria and policies and procedures for such
elements as Street Lights, Sewers, Storm Drain, Streets, Traffic and Grading.
3. Review Process
• Distribution - Initially the plans are distributed to the project Engineer responsible for the specific category
of plan for the first review. The engineer is given the deadline for completing the review and for internal
purposes, the budget for each set of drawings is provided to the Project Engineer.
• Cross Checks - Drawings are crosschecked for conformity and to identify potential conflicts with
underground facilities. As an example, items such as Catch Basins on Storm Drain plans and street plans
are cross checked and Storm drains laterals and Sewer lines are checked on the profile for adequate
clearance.
• Retaining Walls - Retaining walls need to meet the criteria in the City's Standard Plans or otherwise require
the necessary back-up calculations to be reviewed using a reputable Retaining Wall Design computer
program.
• Return of Plans - As stated in the RFP, AEI-CASC provides the City with recommended corrections in the
form of corrections or comments marked in red on the plans or reports. Typically, a brief narrative in
included with Drainage Report reviews and plan reviews include a copy of the hand-marked standard
checklist.
4. Multiple Plan Checks
• Second and Third Submittals - It is agreed that second and third plan checks should not introduce new
correction comments. Complete and thorough first checks are key, as well as maintaining the same plan
checking staff through the course of the review process.
• Reply to Comments - An efficient plan check requires that the design engineer reply to all comments from
previous review submittals. Otherwise, the process may seen to be never-ending. To help assure that plan
reviews do not exceed a third submittal, it is suggested that under certain circumstances, plan checks
AElAi CA S C ATTACHMENT "A"
PROPOSAL FOR PUBLIC WORKS PLAN REVIEW
C O N S U L T I N G CITY OF SAN BERNARDINO
without complying to previous comments be rejected.
• Design Changes - AEI-CASC will notify the City if there is significant design changes that have occurred
between plan review submittals. Design Changes will effect the set budget given to reviewing the plans,
and it should be agreed that additional compensation is warranted.
S. Acceptance
• Declaration of Engineer Record - The Engineer of Record is the responsible engineer signing and stamping
the plans as the Engineer in Responsible Charge. It must be agreed that this engineer of record assumes
full responsibility for the technical adequacy. The duty of plan checker is to ensure the plans comply with
the City's policies, procedures, and ordinances.
• Recommending Approval - When the plans are acceptable for construction, the AEI-CASC project manager
signs and stamps the title sheets recommending approval. Certain documents requiring the signature of a
Licensed Land Survey are signed by the Project Team's L.S.
6. Suggestions
• Storm Water and Water Quality Review - It is understood that the City is not requesting Plan check services
for Water Quality Management Plans (WQMP's), Storm Water Pollution Prevention Plans (SWPPP's), and
Erosion and Sediment Control Plans. The project team listed in this proposal is qualified to reviewed Erosion
& Sediment Control Plans. AEI-CASC will gladly provide plan check review services for WQMP's and
SWPPP's. We currently provide these services to the City of Colton, Highland, Redlands, and Moreno Valley.
• Design Changes - Changes made by the design engineer after the first or second review often occur for
various reasons. Reviewing plans on subsequent plan checks with major changes will significantly impact
the set budget. It is suggested that there be a mechanism for collecting additional plan check fees for
design changes.
• Structural Engineering - As a reminder, the city would be better served if the review of Structural Design
Calculations, other than Retaining Walls is preformed by a firm specializing in structural design.
7. AEI-CASC OFFICE LOCALITY
Our office is located five miles from San Bernardino's City Hall. With a travel time of approximately 8 minutes, the
delivery of drawings will be quick, and scheduling meetings can be relatively spontaneous.
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