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Home My WebLink About1986-088 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION NO. 86-88 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH ASSOCIATED ENGINEERS, INC. RELATING TO THE EXTENSION OF THE BOX CULVERT FOR MISSION CREEK AT TIPPECANOE AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, an agreement with Associated Engineers, Inc. relating to the extension of the box culvert for Mission Creek at Tippecanoe Avenue, which agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at len9th. SECTION 2. The agreement shall not take effect until fully signed and executed by both parties. The City shall not 15 be obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be 17 implied or authorized. 18 I HEREBY CERTIFY that the foregoing resolution was 19 duly adopted by the Mayor and Common Council of the City of San 20 21 22 23 24 25 26 27 28 Bernardino at a requ1ar meeting thereof, held on the 17th day of requ1ar , 1986, by the following vote, to-wit: AYES: Council Members Estrada. Reillv. Hernandez. Marks Quiel. Frazier. Strickler NAYS: ABSENT: None None ~~~~d / City lerk -1- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The forgoing resolution is hereby approved this IflA- day of March Approved as to form: c~~~~ , 1986. (l cQ~~~"~~ Mayor of he City 01\ San ernardino -2- 'Y. '\.r~():; AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND ASSOCIATED ENGINEERS, INC. FOR PROFESSIONAL SERVICES THIS AGREEMENT, made this ..;??C.{ day of February, 1986, by and between The City of San Bernardino, with offices at 300 North "0" Street, San Bernardino, Cal Hornia, hereinafter called City, and Associated Engineers, Inc., with offices at 316 East "E" Street, Ontario, California, hereinafter called Engineer, WITNESSETH, for the considerations hereinafter set forth, the parties hereto agree as follows: ARTICLE 1 - ENGAGEMENT OF THE ENGINEER City hereby engages the Engineer and the Engineer hereby accepts the engagement to perform certain engineering services in connection with the design and construction of a culvert extension under Tippecanoe Avenue for the Mission Creek Channel, hereinafter called the Project. ARTICLE 2 - SERVICES OF THE ENGINEER 2.1 The Engineer will perform professional services in connection with the Project as defined in Attachment I, Scope of Work. 2.2 Soil surveys and rights-of-way surveys acquisition or plats are not a part of the Engineer's Scope of Work. 2.3 Hydraulic design criteria beyond existing capacity and equivalent capacity calcul- ations are not a part of the Engineer's Scope of Work. 2.4 The Engineer will serve as the City's professional engineering representative in those phases of the Project to which this Agreement applies and will consult with and advise the City during the performance of his services. ARTIClE 3 - RESPONSIBILITIES OF THE CITY 3.1 Provide soils investigation for the project. 3.2 Place at the disposal of the Engineer all available information pertinent to the Project upon which the Engineer can rely, including traffic index, design criteria for street and box culvert, previous reports and any other data relative to the design and construction of the Project. 3.3 Provide access to and make all provisions for the Engineer to enter upon public and private lands as required for the Engineer to perform his work under this Agreement. 3.4 Designate in writing a person to act as the City's representative with respect to the work to be performed under this Agreement, such person to have complete authority to transmit instructions, receive information, interpret and define the City's policies and decisions with respect to materials, equipment, elements and systems pertinent to the work covered by this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 The Engineer shall proceed with the services under this Agreement promptly and will diligently and faithfully prosecute the work to completion in accordance with the applicable engineering standards. The work will be completed in accordance with the following schedule: Submit three copies of preliminary design - four weeks after Notice to Proceed Submit two sets of preliminary drawings to utility companies - four weeks after Notice to Proceed. Submit final design construction package - eight weeks after City approval of the preliminary design. 4.2 The Engineer shall not be responsible for any delays in the performance of his services hereunder caused by strikes, action of the elements, acts of any government, civil distul'bances, delays of the City in supplying information and in approving material submitted by the Engineer, or any other cause beyond his reasonable control, or for the expenses or other direct or indirect costs or consequences arising from such delays. ARTICI E 5 - PAY~ENTS TO THE ENGINEER 5.1 For the services performed under Article 2 as described in Scope of Work Items A, B, and C of Attachment 1, the City will pay the Engineer the lump sum fee of $11,500. Progress payments shall be made monthly in proportion to the services performed. 5.2 The lump sum fee in Item 5.1 is based on the design services being completed during 1986. 5.3 Supplemental Services, Scope of Work Item 0, Attachment No.1, if required and authorized shall be in accordance with Attachment 2 - Supplemental Services. Supplemental work shall be paid on a per-hour basis for requested service ~lith a "not to exceed" figure as specified in Attachment 2. 5.4 Monthly payments to the Engineer shall be due within 30 days. after the date of the monthly statement for work performed during the preceding month. ARTICLE 6 - I ITIGATION AND ADDITIONAL WORK In the event the Engineer is to prepare for or appear in any litigation in behalf of the City or is to make investigations or reports on matters not covered by this Agreement, or is to perform additional work due to changes in codes or regulations issued by any regulatory agency after execution of this Agreement, or is to perform other services not included herein, additional compensation shall be paid the Engineer as is mutually agreed upon. If additional work is required compensation will be in accord with Attachment 3. ARTICLE 7 - GENERAL AND MISCELLANEOUS PROVISIONS 7.1 Engineer shall provide proof of workers compensation insurance coverage for all of its employees employed pursuant to'. this Agreement. 7.2 Engineer agrees to procure and maintain in force during the term of this Agreement, at its expense, public liability insurance adequate to protect against liability for damage claims arising out of the performance of services under this Agreement in a minimum annual aggregate amount, per o~<;"Jrr9rt:::: of one mi 11 ion dollars ($1,000,000.00) for bodily injury and property damage. City and the County of San Bernardino shall be named as additional insureds. Evidence of such insurance shall, be furnished to City's Risk Management Division and that Division's written approval must be received prior to commencement of work. 7.3 Engineer shall maintain during the term of this Agreement, errors and omissions insurance in a minimum annual aggregate amount of one million dollars ($1,000,000.00) insuring City against loss or damages sustained by reason any claim or demands by reason of any error or omission which may arise from Engineer's operations hereunder whether such operations be by Engineer or by anyone directly or indirectly employed by, or acting as agent for, Engineer. Evidence of such insurance shall be furnished to City's Risk Management Division and that Division's written approval received prior to comw,encement of work. 7.4 Engineer shall make project financial records available for review by authorized representatives of the City at all reasonable times during the Contract. Copies of these records shall be furnished, if requested. 7.5 Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working for Engineer, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of this Agreement. For breach or violation of the warranty, the City shall have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 7.7 The Engineer warrants compliance with Title VI of the Civil Rights Act of 1964, as amended, (40 CFR 21 through Appendix Hand 23 CFR 710.40S(b). 7.8 The City reserves the right to terminate this contract for breach or violation of the terms contracted herein or as may be necessary or desirable on the part of the City. The Engineer shall be compensated for work performed to date of termination and all work product, plans, documents and calculations become the property of the City. Said documents shall be delivered to the City prior to final payment. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. ATTEST: k~~ e1ty er CITY By: Title: Mayor ~4~~~RM: ~l'eV ity Attorney ASSOCIATED ENGINEERS By: ~?;n~ Title: ?,R,tSID€',v/ Date: 3/Z7/</4 / ., ATTACHMENT 1 SCOPE OF WORK A. BASIC DESIGN SERVICES A.1 Meet with City and review including existing design information. A.2 Sunwarize key design criteria. pertinent data. A.3 Perform utility surveys, note conflicts and recommend solutions. A.4 Prepare culvert type, size, and location drawings, and prepare preliminary street plan. A.S Attend review meeting on the preliminary design package .with City staff and review agencies. agencies and collect data storm water flow and channel and current standards hydraulic (flow line) Plot field notes, existing topography and other B. FINAL DESIGN PHASE B.1 Prepare construction drawings for culvert and roadway improvements including special details with reference to all applicable standard detail drawings of the City, and San Bernardino County Flood Control District including traffic barricade plan, stream gage relocation and existing channel connection. B.2 Prepare specifications and special contract provisions/specifications based upon current City Standard specifications and format. B.3 Prepare final Engineer's Estimate of construction cost. B.4 Attend review meeting on the 100% design submittal with City staff and review agencies. B.5 Incorporate review comments into final construction drawings and specifications. B.6 Submit final mylar drawings and camera ready originals of project specifications and contract provisions to the City. B.7 Furnish design calculations. C. BIDDING/CONSULTATION PHASE During the bidding period, consult with the City as required including, but not limite( to, interpretation of plans, specifications, and estimated quantities and review of shoe drawings when requested by the City. D. SUPPLEMENTAL SERVICES In addition to the basic services provided by the Engineer, it may be necessary or desir- able for the Engineer to provide additional supplemental work for the city. Supplemental work shall be as detailed in Attachment 2 and costs for the additional work shall be a~ shown in Attachment 2. ," ATTACHI.1ENT 2 CITY OF SAN BERNARDINO TIPPECANOE AVENUE AT MISSION CREEK SUPpLEMENTAL SERVICES ITEM TASK UNIT COST NOT TO EXCEED AMY. 1. Provide design survey as required 153 per/hr. $1224 loS. 2. Soils investigation 5400 loS. $5400 lo S. 3. Project coordination with ra 11 road 66 per/hr. $528* loS. 4. Design Engineer 58 per/hr. 5. Project Engineer 66 per/hr. 6. Draftsman 43 per/hr. *Based on 8 hour maximum without further authorization by the City Associated Engineers CONSUL TlNG CIVIL ENGINEERS r I I I i I . , ATTACHMENT #3 SAN BERNARDINO OFFICE 165 W. HOSPITALITY LANE, SUITE 15 . SAN BERNARDINO, CA. 92408 (714) 889.0491 HOURLY RATES (Effective 8/1/85) Good through 7/31/86 Principal Registered Civil Engineer Principal Licensed Land Surveyor Senior Land Planner Associate Land Planner Civil Engineer 1. Senior 2. Associate 3. Assistant 4. Junior Senior Designer/Draftsman Designer/Draftsman Draftsman-1 Draftsman-2 Engineering Aide Secretarial $82.00 per hour $66.00 per hour $63.00 per hour $58.00 per hour i .! '1 I I I I . f OFFICE TIME $66.00 per hour $58.00 per hour $50.00 per hour $41. 00 per hour $48.00 per hour $43.00 per hour $40.00 per hour $35.00 per hour $27.00 per hour . $25.00 per hour 1 i I I I I , i { , FIELD TU1E 3-Man Survey Party 2-Man Survey Party $153.00 per hour $122.00 per hour Above schedule is for straight time only. In case of overtime requested by client, the rate charged for will be 1-1/2 times the hourly rates shown and Sundays and Holidays at 3 times the hourly rates shown. These hourly rates do not include printing costs, which are bi~led at cost, computer charges, or fees paid to Governmental agencies or others. MAIN OFFICE: 316 EAST E STREET . ONTARIO, CA. 91764 . (714) 986.5818 , PLANNING DESIGNING SURVEYING