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HomeMy WebLinkAbout14-Public Works ~,~ri'Y' OF SAN BERNARDINO - Date: 4-28-97 ORIGINAL REQUEST FOR COUNCIL ACTION File No. 1. 7068 S b' . Authorization to Execute Agreement u lect. for Professional Engineering Services - Bridge Widening - Kendall Drive at Cable Creek -- DANIEL, MANN, JOHNSON & MENDENHALL, INC. From: ROGER G. HARDGRAVE Dept: Public Works Synopsis of Previous Council action: July, 1996 - Allocation of $300,000 in 1996/97 !-9 Sales Tax Budget, approved. ADMIN.. Ojttl~lCr; 1 MAY9711: 10 Recommended motion: Adopt resolution. cc: Fred Wilson Jin Pennan Signature Contact person: Gene R. Klatt Staff Report, Supporting data attached: Resolution & Aqreement Phone: 5125 Ward: 5 FUNDING REQUIREMENTS: Amount: $85,460 (1/2-9 Sales Tax Fund) Source: (Acct. No.) 129-367-5504-7068 Acct. Oescri tion at Cable Creek Finance: Council Notes: Res 97- I ;l.){ 51 "/Cf1 75-0262 Agenda Item NO.~ . . . ..CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Requests for letters of interest, in providing the necessary professional design services, in connection with widening the Kendall Drive Bridge over Cable Creek, were sent to the 41 civil engineering firms within the City limits. Thirteen (13) letters of interest were received in reponse to these requests. The letters of interest were reviewed by a team comprised of representatives from the Mayor's Office, Council Office, County Flood Control District and Public Works Department. The following five (5) firms were selected by this team to receive Requests for Proposals: 1. PBQ & D, Inc. 2. DMJM 3. Lim & Nascimento Engineers 4. Martin & Kane, Inc. 5. URS/Griener Engineering These five (5) firms were interviewed on 11-19-96, by a cornrni ttee with representatives from the Council Office, County Flood Control District and Public Works Department. After carefully reviewing the proposals and interviewing the represent- atives, the committee determined that DMJM was the best qualified at this tiMe to provide the desired services. The proposed agreement for professional services provides, in general, that DMJM will prepare the necessary plans, specifications and estimate necessary for widening the Kendall Drive bridge to provide four (4) traffic lanes. Compensation for these services will be for actual costs incurred, not to exceed $85,460.00. All costs incurred for the services provided pursuant to this agreement will be charged to the $300,000 allocated under Account No. 129-367-5504-7068. We recommend that the agreement be approved. 4-28-97 75-0264 e EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this day of , 1997, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Daniel. Mann. Johnson. & Mendenhall, Inc. , a California corporation, hereinafter referred to as "ENGINEER." WIT N E SSE T H WHEREAS, City desires to obtain professional services to prepare plans, specifications, estimates and construction documents for the bridge widening on Kendall Drive at Cable Creek Channel. WHEREAS, in order to develop, plans, specifications, estimates and construction documents, it is necessary to retain the professional services of a qualified engineering and consulting firm: _and . WHEREAS, Engineer is qualified to provide said professional services; and WHEREAS, San Bernardino city council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Engineer shall perform those services specified in "scope of Services"and as contained in the proposal dated November 5. 1996 and as modified on March 3. 1997 and submitted on ADril 15. 1997, a copy of which is attached hereto as Exhibit "1" and incorporated as though set forth in full. 2. TERM OF AGREEMENT The services of Engineer are to commence within thirty (30) days after the City has authorized work to start by issuance of a Notice to Proceed. The scheduled completion dates specifically set forth in Exhibit "2" attached hereto and incorporated herein as though set forth in full, will be adjusted by Engineer as the City _ authorizes the work. Such adjustments shall require city approval . prior to commencement of performance of each phase. This Agreement shall expire as specified by the Exhibit "2" schedule unless extended ~y written agreement of the parties. 3 . STANDARD OF PERFORMANCE Engineer shall complete all work product and design in conform- ance with Standard Specifications for Public Works Construction (Greenbook) current edition, Caltrans Bridge Design Standards and the city of San Bernardino's Standard Drawings. 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Ser- vices," is made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Engineer for the change in scope. Any change which has not been so incorporated shall not be binding on either party. B. No extra services shall be rendered by Engineer under this , Agreement unless such extra services are authorized, in writing, by City prior to performance of such work. Authorized extra services Ashall be invoiced based on Engineer's "Schedule of Hourly Rates" _dated throuah 12-31-97, a copy of which is attached, hereto, as Exhibit "4" and incorporated herein as though set forth in full. 5. COMPENSATION A. The city shall reimburse the Engineer for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Engineer in performance of the work, in an amount not to exceed $85.460.00. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit "3", attached hereto and incorporated herein as though set forth in full. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. Any such significant alteration shall be agreed upon in writing by city and Engineer before commencement of performance of such significant alteration by Engineer. Any adjustment of the total cost of services will only be permitted when the Engineer establishes and city has agreed, in writing, that there has been, or is to be, a significant change in: 1- scope, complexity, or character of the services to be e performed; 2. Conditions under which the work is required to be performed; and e 3. Duration of work if the change from the time period speci- fied in the Agreement for Completion of the work warrants such adjustment. C. The Engineer is required to comply with all Federal, state and Local laws and ordinances applicable to the work and which are in effect as of the date of the notice to proceed. The Engineer is required to comply with prevailing wage rates in accordance with California Labor Code section 1770. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Engineer to city and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Engineer within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within ten (10) days of notice of such dispute. Interest of 1-1/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing date, payment thereafter to be applied first to accrued interest and then eto the principal unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. Section 9-1.10 of the Cal-Trans Standard specifications is hereby specifically waived and not applicable to this agreement. The parties hereto otherwise agree not to be bound by any other require- ments for arbitration of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties, or upon the failure of such agreement, by direct application to the Courts. C. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, then all reasonable litigation and collection expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Public Works of city, or his designee, shall have the right of general supervision over all work performed by Engineer and shall be City's agent with respect to obtaining Engineer'S compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Public Works or his designee. ~ B. The Office of the Administrator may review and inspect the ~Engineer's activities during the progress of the program. e 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Engineer hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. Engineer shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with Federal, State and Local laws. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. In addition, Engineer shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap, or religion in compliance with State and Federal laws. 9. TERMINATION OF AGREEMENT A. This agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, city shall within thirty (30) days pay Engineer for all the fees, charges and services performed to city's satisfaction by Engineer, Awhich finding of satisfaction shall not be unreasonably withheld. .Engineer hereby covenants and agrees that upon termination of this Agreement for any reason, Engineer will preserve and make immediately available to City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the city and required for its timely completion, and to fully cooperate with city so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including attorney's fees and liability arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit "4". B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to city, and City shall compensate Engineer in the manner set forth above. C. Agreement until all Following the effective date of termination of this pursuant to this section, the Agreement shall continue obligations arising from such termination are satisfied. 10. CONTINGENCIES A In the event that, due to causes beyond the control of and .without the fault or negligence of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to -Engineer such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Engineer shall notify city within three (3) days in writing when it becomes aware of any event or circumstance for which it claims or may claim an extension. 11. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the perfor- mance of the services provided for under this Agreement. Engineer shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of City. 12. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Engineer without the written consent of City. Any attempt by Engineer to assign or subcontract any performance of this Agreement without the written consent of the city shall be null and void and shall constitute a breach of this Agreement. All ~subcontracts exceeding $10,000, shall contain all provisions of this . contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Engineer and City: ENGINEER gn DMJM 275 West Hospitality Lane suite 314 San Bernardino, CA 92408 Mr. Roger Hardgrave Director of Public Works/City Engineer 300 North "0" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Engineer provided through the evaluation. may reasonably rely upon the accuracy of data city or its agents without independent B. The city shall pay all costs of inspection and permit _fees. Charges not specifically covered by the terms of this Agreement shall be paid as agreed by the parties hereto at the time such costs arise: but in no event shall the work to be performed hereunder cease as a consequence of any unforeseen charges unless by mutual written agreement of city and Engineer. _ C. All tracings, survey notes, and other original documents are instruments of service and shall remain the property of Engineer except where by law, precedent, or agreement these documents become public property. All such documents or records shall be made accessible to city. Engineer shall maintain all records for inspection by the city, state, or their duly authorized representatives for a period of three (3) years after final payment. Engineer shall stamp and sign all specifications, estimates, plans and engineering data furnished, and, where appropriate, indicate registration number. 15. CONSTRUCTION COST ESTIMATES A. Any opinion of the construction cost prepared by Engineer represents his judgment as a design professional and is supplied for the general guidance of the city. Since Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, Engineer does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the city. 16. COVENANT AGAINST CONTINGENT FEE _ Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Engineer for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE A. Engineer hereby agrees to hold City, its elective, and appointive boards, officers, and employees, harmless from any liability for damage or claims for damage for personal injury including death, as well as from claims for property damage, to the extent such are proximately caused by Engineer's negligent acts, errors or omissions under this Agreement. B. Engineer shall indemnify, defend and hold free and harmless the city, its officers, and its employees from all claims, damages, costs, expenses, and liability, including, but not limited _to, attorney's fees imposed upon them for any alleged infringement of patent rights or copyrights of any person or persons in consequence of the use by city, its officers, employees, agents, and other duly authorized representatives, of programs or processes supplied to City by Engineer under this Agreement. e C. The prev~i~ing party in any legal action to enforce or interpret any prov~s~ons of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney, and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 18. INDEMNITY A. Engineer shall indemnify, defend and hold harmless city from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise solely from Engineer'S negligent performance of services under this Agreement. Engineer shall not be responsible for, and city shall indemnify, defend, and hold harmless Engineer from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees) and liabilities of, by, or with respect to third parties, which arise solely from the city's negligence. with respect to any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses ~ (including reasonable attorney's fees) and liabilities of, by or with ., respect to third parties, which arise from the j oint or concurrent negligence of Engineer and City, each party shall assume responsibility in proportion to the degree of its respective fault. B. Neither party hereto shall be responsible for special, incidental, or consequential damages, except to the extent that such damages are awarded in an action by a third party, other than the Contractor on the Project, against the CITY and arise out of ENGINEER's negligent acts, errors, or omissions. 19. LIABILITY/INSURANCE A. Engineer's liability insurance for injury or damage to persons or property arising out of work for which legal liability may be found to rest upon Engineer other than for prOfessional errors and omissions, shall be a minimum of $1,000,000. For any damage on account of any error, omission, or other professional negligence, Engineer'S insurance shall be limited in a sum not to exceed $50,000 or Engineer'S fee, whichever is greater. B. The City will require the Engineer to provide Workers Compensation and comprehensive general liability insurance, including completed operations and contractual liability, with coverage suffi- e cient to insure the Engineer's indemnity, as above required: and, such insurance will include the City, the Engineer, their consultants, and each of their officers, agents and employees as additional insureds. e . C. Engineer shall provide evidence of insurance in the form of a policy/certification of insurance or other acceptable evidence, in which the City is named as an additional named insured (except on Worker's Comp) to the extent of the coverage required by this Agreement. D. Notwithstanding anything to the contrary herein, the Engineer and its subconsultants and specialty consultants shall have no responsibility for the discovery, presence, handling, removal, disposal of or exposure of persons to hazardous materials in any form at the different sites of the Project including, but not limited to asbestos, asbestos products, polychlorinated biphenyl (pcb) or other toxic substances except for any such substances brought to the site by the Engineer or subconsultants or used by same in the performance of their work. 20 . VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. e 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, understandings, and agreements, whether written or oral, with respect to the subject matter thereof. This Agreement may be amended only by written instrument signed by both parties. /// e e AGREEMENT FOR: Professional Engineering Services for Bridge Widening on Kendall Drive at Cable Creek Channel IN WITNESS WHEREOF, the parties hereto have caused Agreement to be executed on the date written above by their authorized officers on their behalf. this duly CITY OF SAN BERNARDINO BY: Tom Minor, Mayor ATTEST: eBV: Rachel Clark, city Clerk Daniel, Mann, Johnson, & Mendenhall By: President Approved as to form and legal content: JAMES F. PENMAN city Attorney e e e e EXHIBIT "1" Scope of Services PROJECT: KENDALL BRIDGE WIDENING PREUMINARY Data Collection . Research will be conducted to determine the locations of existing and proposed utilities, the location of existing and proposed Right of Way, and obtain copies of plans or documents that may have relevance to the design of the bridge, channel and road transitions. Surveys - A field survey will be performed to obtain definition of existing topographic conditions within the Project area to enable the design of the bridge, channel and road transitions, as follows: . establish the centerline of Kendall Drive and the centerline of Cable Creek (as horizontal control for bridge placement) . cross section Kendall Drive 500 feet on both sides of the existing bridge (SO-foot interval) . cross section Cable Creek 200 feet above and below the existing bridge (SO-foot interval) . locate surface utility features (including dipping sewer manholes, etc.) Geotechnical Investigations - Field testing will be performed to provide design criteria in accordance with Caltrans procedures. The report will include foundation recommendations, scour and seismic design parameters. A design for the Kendall Drive pavement section will also be determined. BRIDGE Preliminary DeslgnlDraft Plans . The existing bridge will not be analyzed for adequacy or compliance with current design standards. The widened portion of the bridge will be designed in accordance with the latest design criteria and standards established by the Califomia Department of Transportation (Caltrans). However, there will not be compliance with CaItrans full bridge review procedures. Preliminary plans (65% complete) will be submitted to the City for inter- agency coordination and comments. Final Design end PSllrE - Comments received on preliminary design will be incorporated in the final design. The final design will culminate with a completed set of plans, quantity calculations, cost estimates, design and quantity check calculations, and special provisions to be incorporated in specifications. The specifications will make reference to applicable Caltrans Standard Specifications and be augmented by the above mentioned special provisions. Pagel e e e CML Preliminary Channel Improvement Plans - A plan will be prepared to indicate Cable Creek improvements required. The improvements will be limited to that which is necessary to transition from the existing channel to the widened bridge section and back to existing, with appropriate provisions for scour protection. Roadway Approach Plans - A plan and profile will be prepared to indicate Kendall Drive improvements required to accommodate the widened bridge. The bridge width will be based on the ultimate development of Kendall Drive as a Major Highway. Approach tapers will be designed for a 55-mph design speed. Pavement removaVreplacement and widening will be delineated as wall as signage and striping. Compoalte Utility Plans - A composite utility plan will be prepared showing all utility locations as per record information. Any deviations from record information as measured in the field will be so noted on the plan. The disposition of each utility will be specified as it relates to the construction of all Project related improvements. Copies of the plan will be supplied to all utility purveyors within the Project area to facilitate relocations by others where necessary. If a City sewer main needs to be relocated, a plan and profile will be prepared by DMJM to define its relocation. If a City water line needs to be relocated, DMJM will coordinate with the City Water Department as a separate item of work. Final QuantitieS/Coats - Upon completion of the plans for Final Submittal. an estimate of construction quantities and costs will be prepared and submitted to the City. Technical Specifications - Technical Specifications will be prepared based on Caltrans Specs for bridge construction and The Green Book for the remaining general construction. The City will incorporate these Technical Specifications into their standard boiler plate which covers all non- technical sections. Final Submittal - Once the Plans, Specifications, and Estimates have completed the agency review process and received City approval, submittal of final documents will occur. This will include mylar originals of plans and hard copies as well as electronic file copies of Technical Specifications and Estimates. Page 2 e e e EXHIBIT "2" Estimated Schedule* PROJECT: KENDALL BRIDGE WIDENING Event by Date Contract Finalization City Council approval of Contract Notice to Proceed given to DMJM Commancement of Work by DMJM Complete contract arrangements with sub-consultants Initiate Preliminary phase Data Collection Surveys Geotechnical Investigations Begin Preliminary Bridge Design Begin Preliminary Civil Design Progress Submittal Submit 65% complete plans for City review and distribution Final Design Commence final design and incorporate plan review comments Quantity and Cost Estimates Draft set of Technical Specifications 100% Submittal Submit 100% complete plans. draft specifications. and estimates Finalize PS&E Proceed with final:zing Plans. Specifications and Estimates and incorporate plan review comments from 100% review Final PS&E Submittal Submit all final documents 5-19-97 5-23-97 5-30-97 6-02-97 6-16-97 6-16-97 8-04-97 9-02-97 1ll-6-97 10-27-97 11-17-97 "This is an estimated schedule that is subject to change depending on events outside the control of DMJM. Page, e EXHIBIT "3" Estimated Cost of Services by Task PROJECT: KENDALL BRIDGE WIDENING Task EstImated Coat* (3/13/97) 1. Field SUrveys $ 3,140 2. Geotechnical $ 9,690 3. Roadway Approaches $ 11,100 4. Utility Relocations $ 6,100 5. Hydrology and Channel Hydraulics $ e 6. Channel Improvements/Scour Analysis $ 6,000 7. Bridge Structure $ 43,030 8. Cost Estimate $ 2,000 9. Technical Specifications $ 3,300 10. Bid Period Support Services .. 11. Other Direct Costs $ 1,100 Total $ 85,460 e "Excludes Envirorvnental SefIIices "Excludes Construction Phase SefIIices "Excludes As-8uilt CondilIons Report for ExIsting Structure ""Excludes Bid Period Support Services e EXHIBIT "4" SCHEDULE OF HOURLY RATES FOR AUTHORIZED EXTRA SERVICES PROJECT: KENDALL BRIDGE WIDENING A. The City shall compensate the ENGINEER for any authorized extra services in accordance with the following schedule of fully burdened hourly rates. Labor Classification Hourlv Rate Project Director $172.00 Project Manager 102.00 Senior Bridge Engineer 132.00 Bridge Engineer 93.00 e Senior Civil Engineer 93.00 Civil Engineer 83.00 Civil Designer 60.00 CADD Technician 56.00 Administration 44.00 Project Controls 113.00 B. The hourly rates indicated in "A" above are effective through December 31, 1997. Thereafter, for planning purposes, a 5% across the board average increase should be assumed, commencing the first day of each successive calendar year. e C. For the use of any labor classification not identified in "Aft above, but requested by the City, the ENGINEER will obtain the City's prior approval of the applicable fully burdened hourly rate.