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HomeMy WebLinkAbout1982-0881 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 +i 25 26 27 28 RESOLUTION NO. 82-88 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH BOYLE ENGINEERING CORPORATION RELATING TO ENGINEERING SERVICES FOR GRADING, LANDSCAPING AND IRRIGATION SYSTEM FOR SHANDIN HILLS PARK. 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 Boyle Engineering Corporation relating to engineering services for Grading, landscaping and irrigation system at Shandin Hills Park, a copy of which is attached hereto, marked Exhibit "I" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 1st day of March , 1982, by the following vote, to -wit: AYES: COUNCIL'MEMBERS Castaneda, Reilly, Fiernand.ez, Botts. Ouiel Hobbs fLF.,M ABSENT: Council Meralber Strickler City Clerk The foregoing resolution is hereby approved this day of i<Tarch , 198 Approved as to form: City Att6mey ENGINEERING SERVICES AGREEMENT FOR 1 GRADING, LANDSCAPING AND IRRIGATION SYSTEM 2 FOR SHANDIN HILLS PARK 8 4 THIS AGREEMENT, made and entered into on /n /l A , 1982, 6 by and between the CITY OF SAN BERNARDINO, a Municipal Corporation, herein- after referred to as "City", and BOYLE ENGINEERING CORPORATION, hereinafter 6 referred to as "Consultant". 7 WITNESSETH: 8 WHEREAS, there is an urgent need for grading, landscaping and 9 irrigation system at Shandin Hills Park; and 10 WHEREAS, total funds in the amount of $220,000 have been allocated 11 to finance the costs for grading, landscaping and irrigation system in this 12 park; and 18 WHEREAS, City has need to have the construction plans and specifi- 14 cations prepared by a Consulting Engineer; and 16 WHEREAS, Consultant has represented to the City that he has the 16 required professional qualifications and capabilities to perform the design 17 engineering in an expeditious manner 18 NOW, THEREFORE, BE IT MUTUALLY AGREED BY THE PARTIES HERETO AS 19 FOLLOWS: 20 1. GENERAL -- All work covered by this Agreement shall be done 21 in an expeditious manner in accordance with the schedule set forth herein - 22 after. Consultant shall provide the items of work listed on Exhibit A , 23 attached hereto and incorporated herein by reference as fully as though set 24 forth at length herein. 26 2. COMPENSATION -- City shall pay Consultant a lump sum fee of 26 $13,380.00 for Phase I, II and III services rendered under this Agreement, 27 as specified in Exhibit A, to be paid in one lump sum upon approval of the 28 plans, specifications and cost estimates by the City Engineer, which approval 29 shall not be unreasonably withheld. 80 1 In addition to the above fee, Consultant shall be paid for aerial 81 survey and 40 scale topographic map of project site, a lump sum of $1,760.00 82 upon receipt of such map and approval by the City Engineer, which approval -1- EXHIBIT "I" 1 shall not be unreasonably withheld. 2 Services rendered pursuant to this Agreement during the Construction 8 Phase IV, as specified in Exhibit A, shall be compensated in accordance with 4 the standard hourly rates of Consultant, attached hereto as Exhibit B and 8 incorporated herein by reference as fully as though set forth at length herein. 6 Consultant shall bill City monthly for these services. 7 The lump sum fee of $13,380.00 for Phase I, II and III services is 8 6.8% of the City's estimated construction contract cost of $196,800.00. If 9 City fails to receive a bid for the construction contract of $220,000.00 or 10 less, Consultant shall perform the necessary redesign to reduce the construc- 11 tion cost, without additonal cost to the City, provided such redesign does not 12 conflict with professional engineering standards of practice. 18 As part of Consultant's services set forth by Exhibit A, Consultant 14 is to provide estimates of construction cost. Said estimates by Consultant 16 are based upon Consultant's experience and qualifications, but Consultant 16 cannot and does not guarantee that proposals, bids or actual construction costs 17 will not vary from estimates prepared by Consultant. 18 3. CITY'S RIGHT TO AUDIT RECORDS -- Consultant shall maintain and 19 keep adequate books and records on a current basis recording all time expended 20 by its personnel and all expenses incurred by Consultant in a form satisfactory 21 to City and in accordance with generally accepted accounting principles. Said 22 books and records and all supporting details shall be made available to City 23 for purposes of audit at all reasonable times and places. All such books 24 and records shall be maintained by Consultant for any shorter periods of 25 retention, of at least three (3) years after the completion of the work pro - 26 vided for by this Agreement. 27 4. CONSULTANT'S PROFESSIONAL STATUS -- Consultant accepts the 28 relationship of trust and confidence to be established between it and the 29 City. Consultant's services hereunder are to be provided according to the 80 prevailing standard of practice normally exercised in the performance of 81 professional services of a similar nature, in a similar locale. Consultant 82 shall be at all times herein an independent contractor and not an employee EPA 1 2 8 4 B 6 7 8 9 10 11 12 18 14 16 16 17 18 19 20 21 22 28 24 25 26 27 28 29 80 81 82 or agent of City. 5. ASSIGNABILITY -- The experience, skill and expertise of Consultant is of the essence of this Agreement. Consultant shall not assign (whether by whole or in part or any right or interest hereunder in whole or in part or any right or interest hereunder) without prior written consent of City except as for established sub -contractors previously indicated in bid proposal and submission. Any assignment or attempt to assign this Agreement without such prior written consent or by operation of law shall constitute cause for termination. 6. INTEREST OF CONSULTANT -- Consultant convenants that it presently has no interest and shall not acquire any interest, direct or in- direct, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant further covenants that in the performance of this Agreement no person having any such interest shall be employed. 7. TERMINATION OF AGREEMENT FOR CAUSE -- If for any cause Consultant shall fail to fulfill in a timely and proper manner its obligations under this Agreement, or if Consultant shall violate any of the covenants, agreements or stipulations of this Agreement, City shall thereupon have the right to terminate this Agreement by giving written notice to Consultant of such termination and specifying the effective date thereof at least five (5) days before the effective date of such termination. In that event all finished and unfinished surveys or other material prepared by Consultant under this Agreement shall, at the option of City, become its property and Consultant shall be entitled to receive compensation for any satisfactory work completed in accordance with Exhibit B , attached hereto and incorporated herein by reference as fully as though set forth at length herein. Notwith- standing the above, Consultant shall not be relieved of liability to City for damage sustained by City by virtue of any breach of this Agreement by Consultant, and City may withhold any payments to Consultant for purpose of set-off until such time as the exact amount of damages due City from Consultant is determined. Qo11 1 2 8 4 B 6 7 8 9 10 11 12 13 14 16 16 17 18 19 20 21 22 28 24 26 26 27 28 29 s0 81 82 This Agreement may not be terminated for cause if the failure to perform arises from unforeseeable cause beyond the control and without the fault or negligence of Consultant. 8. TERMINATION FOR CONVENIENCE OF CITY -- City may terminate this Agreement at any time by giving written notice to Consultant of such termin- ation and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. In such event, all materials as described in Paragraph 7 above shall, at the option of City, become its property. If the Agreement is terminated by City as provided herein, Consultant will be entitled to be paid all compensation for work performed to the date of termination in accordance with the hourly fee schedule attached hereto as Exhibit B; provided that in no event shall the compensation of Consultant or reimbursable expenses exceed the amount provided for in this Agreement. If termination is due to the fault of persons other than Consultant, Consultant will be entitled to be paid all compensation for work performed to the date of termination. Should this Agreement be terminated due to fault of Consultant, Paragraph 7 hereof relative to termination shall be applicable. 9. START OF WORK -- Consultant shall do no work under the provi- sions of this Agreement until being directed, in writing, by the City Engineer to proceed. 10. CHANGES -- Should City require changes in the scope of the services of Consultant to be performed hereunder, such changes including any corresponding increase or decrease in the amount of Consultant's compensation, which shall be mutually agreed upon by and between City and Consultant, shall be incorporated in this Agreement only by written amendments hereto. 11. DOCUMENTS -- All origianl documents shall become the property of the City. Any use of completed documents for other projects and/or any use of uncompleted documents without specific, written verification by Consultant will be at City's sole risk and without liability or legal exposure to Con- sultant, and City shall indemnify and hold harmless Consultant from all claims; -4- 1 2 8 4 5 6 7 8 9 10 u 12 18 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 81 82 damages, losses and expenses, including attorney's fees, arising out of or resulting therefrom. 12. CONSULTANT TO HOLD HARMLESS -- Consultant hereby agrees to, and shall, hold City, its elective and appointive boards, commissions, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Consultant's negligent operations under this Agreement, whether such operations be by Consultant or by any one or more persons employed by or acting as agent for Consultant. Consultant agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damages caused, or alleged to have been caused by reason of any of the aforesaid operations. City agrees that the construction contractor(s) will be responsible to assume sole and complete responsibility for job site conditions during the course of construction of the project, including safety of all persons and property and client further agrees to defend, indemnify and hold the Consultant harmless from any and all liability, real or alleged, in connection with the performance of work on this project, excepting liability proximately arising from the sole negligence of the Engineer. 13. TIME OF ESSENCE -- Time is of essence with respect to Consultant's performance under this Agreement. The Design Development Phase shall be completed within 30 calendar days from receipt of notice to proceed from the City Engineer, and the construction documents shall be satisfactorily completed within 75 calendar days from the date of said notice. 14. NOTICES -- All notices herein required shall be in writing and delivered in person or sent by certified mail, postage prepaid, addressed as follows: City of San Bernardino City Engineer 300 North "D" Street San Bernardino, CA 92418 -5- Boyle Engineering Corporation 118 Airport Drive - Suite #28 San Bernardino, CA 92408 1 2 8 4 8 6 7 8 9 10 11 12, 18 14 15 16 17 18 19 20 21 22 2s 24 25 26 27 28 29 so 81 82 The parties have executed this Agreement on )2�&Z a_, 1982. CITY Of SAN BERNARDINO ATTEST: Aid// elty Clerk Approved as to form: zPwr- City A torney� 10 BOYLE E INEER7NG CORPORATION F BY Office Manager EXHIBIT "A" ENGINEERING SERVICES I. Design Development A. Meet with City Staff to review Master Plan and current design requirements, and review available data (property lines, utilities, easements and topography of surrounding streets) B. Obtain City standards for design construction C. Prepare preliminary design and preliminary Estimate of Construction Cost D. Review with City Staff II. Construction Documents A. Prepare Construction Documents Drawings Title Sheet Grading and Drainage Plan Details Irrigation Plan Details Planting Plan Details Specifications Estimate of Construction Cost B. 60% Review with City Staff C. Final Review with City Staff III. Bidding Phase A. Respond to bidders' questions B. Prepare clarification addenda C. Meet with staff to review bids IV. Construction Phase A. Site visits when requested by City Staff to review contract work for general conformance with contract documents B. Process monthly "Certificates for Payment" C. Prepare record drawings �r EXHIBIT "B" BOYLE ENGINEERING CORPORATION FEES FOR PROFESSIONAL SERVICES OCTOBER 1981 CLASSIFICATION Engineering/Architecture Consulting Engineer/Architect Principal Engineer/Architect Senior Engineer/Architect II Senior Engineer/Architect I Associate Engineer/Architect Assistant III Assistant II Assistant I Drafting Senior Technician Technician Senior Drafter Drafter Inspectors Surveying Licensed Surveyor Three-man Survey Party Two-man Survey Party Electronic Distance Measuring Equipment Miscellaneous Clerical Printing and Blueprinting Survey Materials Travel - Automobile Travel - Other Than Automobile Materials Testing and In -Plant Inspection Aerial Photogramnetry Service and Surveys Soils Investigation and Field Tests Computer Services RATE 92.00 an hour 68.00 an hour 58.00 an hour 50.00 an hour 46.00 an hour 48.00 an hour 38.00 an hour 33.00 an hour $ 45.00 an hour 35.00 an hour 33.00 an hor 25.00 an hour 32.00 an hour $ 50.00 an hour 132.00 an hour 90.00 an hour 120.00 per day or part thereof $ 18.00 an hour Actual Cost + 10% Actual Cost $0.225 per mile Actual Cost Actual Cost + 10% Actual Cost + 10% Actual Cost + 10% See Separate Schedule It is understood and agreed that the aforementioned rates and charges include all normal equipment and materials used in connection with the production of the required engineering services. Boyle Engineering Corporation will furnish monthly billings for all services rendered and supplies furnished in accordance with the above compensation provisions. Payments shall be due and payable to Boyle Engineering Corporation upon presentation. A late payment finance charge will be computed at the periodic rate of 1.5 percent per month and will be applied to any unpaid balance commencing thirty (30) days after the date of the original invoice. Rates subject to general revision 4/1/82.