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HomeMy WebLinkAbout1989-066 . f '""'... 12/27/88 ...... -,-------- . 1 RESOLUTION NO. 89-66 2 RESOLUTION OF THE CITY OF SAN BERNA~B2NO A~~hvHlZING THE EXECUTION OF AN AGREEMENT WITH DMJM, INC., RELATING TO THE PROVI- 3 SION OF PROFESSIONAL ENGINEERING DESIGN SERVICES FOR THE CENTRAL CITY SOUTH ASSESSMENT DISTRICT. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. The Mayor of the City of San Bernardino is 8 hereby authorized and directed to execute, on behalf of said 9 City, an agreement with DMJM, INC., relating to the provision of 10 professional engineering design services for Central Ci ty South 11 Assessment District, which agreement is attached hereto, marked 12 Exhibi t "A" and incorporated herein by reference as fully as 13 though set forth at length. 14 SECTION 2. The agreement shall not take effect until 15 fully signed and executed by both parties. The City shall not be 16 obligated hereunder unless and until the agreement is fully 17 executed and no oral agreement relating thereto shall be implied 18 or authorized. 19 I HEREBY CERTIFY that the foregoing resolution was duly 20 adopted by the Mayor and Common Council of the Ci ty of San 21 Bernardino at an adj ourned regular meeting thereof, held on the 22 13th day of March , 1989, by the following vote, to- 23 wit: 24 25 26 27 28 AYES: Council Members Reilly, Flores, t-1audsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: Council Member Estrada , , . I RES: 1 2 3 4 day of 5 6 7 AUTHORIZING EXECUTION OF AGREEMENT WITH DMJM, INC. FOR PROFESSIONAL ENGINEERING DESIGN SERVICES FOR CENTRAL CITY SOUTH A.D. The foregoing resolution is I /)/1 " \~ / lffi~.1 (I LilJA_" '; (0 Cfi1~Sler~ t'{/';J~~W& TJI_._ _!~~" l0f1L~ ' - herebY a~ovedl fhis >t~.-c March , 1989. Wilcox, Mayor San Bernardino 8 Approved as to form 9 and legal content: 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 12/27/8828 - 2 - cf/--c? EXHIBIT "An AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is made and entered into the ~~~ day of ~, 19J, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and DANIEL, MANN, JOHNSON, & MENDENHALL, a California corporation, hereinafter called "Engineer" WITNESSETH WHEREAS, City desires to obtain prOfessional services to prepare plans, specifications, and estimates, to construct; and WHEREAS, in order to develop such plans, specifications and estimates, 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 for the development of such plans, specifications and estimates; and WHEREAS, San Bernardino City council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth. 1 . . NOW, THEREFORE, it is mutually agreed, as follows: 1. GENERAL Engineer shall perform those services specified in "Scope of Services", a copy of which is attached hereto as Exhibit "1" and incorporated as though set forth in full. 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 schedule calendar dates specifically set forth in Exhibit "2" attached hereto and incorporated herein as though set forth in full, for completion dates 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 by written agreement of the parties. The Engineer shall complete all work product and design in conformance with City of San Bernardino Standard Drawings and San Bernardino County Flood Control District Standards, as directed. 2. COMPENSATION A. For the Basic Professional Engineering services as set forth in Exhibit "3" attached hereto and incorporated herein as though set forth in full, the basis of compensation by the City 2 to the Engineer shall be a lump sum payment of $311.044. The Basic Professional Engineering services include the work to be performed both by the Engineer and its subconsultants. City shall reimburse the Engineer monthly based on measured progress and pursuant to the requirements of Paragraph 4 herein. The estimated cost breakdown of the lump sum payment by task and subconsultant is solely for the mutual convenience of the City and the Engineer in measuring progress, and is not to be construed as a compensation and budget limitation for each task for subconsultant. The lump sum payment of $311.044 shall be the total amount payable for the Basic Professional Engineering services and 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. Adjustment of the total cost of the Basic Professional Engineering services will be permitted when the Engineer establishes and City has agreed in writing that there has been or is to be a significant change in: 3 . . (1) Scope, complexity, or character of the services to be performed; (2) Conditions under which the work is required to be performed; (3) Duration of work if the change from the time period specified in the Agreement for Completion of the work which exceeds the scheduled completion date by ~ days, through no fault of the Engineer. B. For the Additional services related to the preparation of legal descriptions and plats, as set forth in aforesaid Exhibit "3", the basis of payment by the City to the Engineer shall be on a parcel type basis, per the type and cost schedule indicated. until such time that an accurate number of each parcel type is defined and mutually agreed to between the City and the Engineer, a budget figure of $31,200 is established for the purposes of this Agreement. This budget figure shall not be exceeded without prior City approval. C. Federal Acquisition Regulation Title 48CFR, Chapter 1, Subpart 31 shall control allowable elements of cost for contracts with commercial organizations. D. The Engineer is required to comply with all Federal, 4 state, and local laws and ordinances applicable to the work. The Engineer is required to comply with prevailing wage rates in accordance with California Labor Code section 1775. 3 . CHANGES Performance of the work specified in the "Scope of Services", 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. Services resulting from authorized changes shall be invoiced based on Engineer's "Schedule of Hourly Rates" dated Januarv 1. 1989. a copy of which is attached hereto as Exhibit "4" and incorporated herein as though set forth in full. 4. PAYMENT BY CITY The invoices 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 5 invoiced amount shall be noticed to the Engineer within ten (10) days of invoicing. Interest shall accrue at the maximum rate allowable by law on any amounts not in dispute and not paid within 30 days of the invoice date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. On disputed amounts, interest shall accrue from 30 days of the invoice date if the amount in dispute is resolved in favor of the Engineer. Any Attorney's fees or other legal costs incurred by the Engineer in collecting any delinquent amount shall be paid by the city. All tasks specified in Exhibit "1" shall be completed prior to final payment. 5. SUPERVISION OF SERVICES The Director of Public Works of City, or his designee, shall have the right of general supervision of 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. 6. 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. 6 Engineer agrees to take affirmative action to ensure that applicants are employed and employees are treated during employment without regard to their race, color, religion, sex, marital status or national origin. Such action shall include, but not be limited to, the following: Employment; upgrading, demotion or transfer; recruitment or recruitment advertising; and designated representatives. In addition, Engineer shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age under the Age Discrimination Act of 1975 or with respect to an otherwise qualified.handicapped individual as provided in section 504 of the Rehabilitation Act of 1973 or religion except that any exemption from such prohibition against discrimination on the basis of religion as provided in the civil Rights Acts of 1964 or Title VIII of April 11, 1968, as amended, shall also apply. 7. TERMINATION OF AGREEMENT 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 20 days following date of such notice within which to correct that 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 reasonable 7 ! satisfaction by Engineer, which 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 representative, 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 in a reasonably prompt manner. Any subsequent use of such incomplete documents shall be at the sole risk of the City and the City agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including Attorney's fees, and liability arising out of such use. 8. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the performance of its services provided under this Agreement and shall furnish such services in Engineer's own manner and methods and in no respect be considered an agent or employee of City. 9. 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 8 this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. 10. HOLD HARMLESS Engineer hereby agrees to and shall 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 that such arise from Engineer's negligent acts, errors or omissions under this Agreement. Notwithstanding the foregoing, the Engineer's total liability for all of the aforesaid matters shall be limited to the amounts specified in Paragraph 14 herein. 11. NOTICES Official notices relative to the services provided under this Agreement shall be in writing addressed to the following: ENGINEER CITY Mr. Bedros M. Agopovich Associate Vice President 275 W. Hospitality Lane, suite 314 San Bernardino, CA 92408 Mr. Roger G. Hardgrave Director of Public Works/ City Engineer 300 North "0" Street San Bernardino, CA 92418 with copy to: J.V. Houser 9 Contracts Manager 3250 Wilshire Boulevard Los Angeles, CA 90010 12. All Agreements on Engineer's part are contingent upon and shall not be responsible for damages or be in default, or be deemed to be in default, by reason of delays in performance by reason of strikes, lock-outs, accidents, acts of God and other delays unavoidable or beyond Engineer's reasonable control, or due to shortages or unavailability of labor at established area wage rate or delays caused by failure of City or City's agents to furnish information or to approve or disapprove Engineer's work promptly, or due to late or slow, or faulty performance by City, other contractors, or governmental agencies, the performance of whose work is precedent to or concurrent with the performance of Engineer's work. In the case of the happening of any such cause of delay, the time of completion shall be extended accordingly. Engineer shall promptly notify City in writing when it becomes aware of any event or circumstance for which it claims or may claim an extension. 13. All tracings, survey notes, and other original documents are instruments of service and shall remain the property of Engineer except where by law or precedent these documents become public property. All such documents or records shall be made accessible to the City under conditions as set forth in section 7 of this Agreement. The consultant shall 10 I . maintain all records for inspection by the City, or their duly authorized representative for a period of three (3) years after final payment to the consultant. The responsible consultant shall stamp and sign all specifications, estimates, plans and engineering data furnished, and, where appropriate, indicate registration number. 14. Engineer's liability to the City for injury or damage to persons or property arising out of work performed by the City and for which legal liability may be found to rest upon Engineer, other than for professional errors and omissions, will be limited to $1,000.000. For any damage on account of any error, omission or other professional negligence Engineer's liability, will be limited to a sum not to exceed $50,000 or Engineer's fee, whichever is greater. 15. Any opinion of the Construction Cost prepared by Engineer represents his judgement 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. If a Construction Cost limit is established by written agreement between City and Engineer and specifically set forth in 11 a mutually agreed addendum to this Agreement, the following will apply: a. The acceptance by City at any time during the services of a revised opinion of Construction Cost in excess of the then established cost limit will constitute a corresponding revision in the Construction Cost limit to the extent indicated in such revised opinion. b. Any Construction Cost limit so established will include a contingency of ten percent unless another amount is agreed upon in writing. c. Engineer will be permitted to determine what types of materials, equipment and component systems are to be included in the Drawings and Specifications and to make reasonable adjustments in the general scope, extent and character of the project to bring it within the cost limit. d. If the bidding or negotiating phase has not commenced within six months after completion of the final Design Phase, the established Construction Cost limit will not be binding on Engineer, and City shall consent to an adjustment in such cost limit commensurate with any applicable change in the general level of prices in the construction industry between the date of completion of the 12 Final Design Phase and the date on which proposals or bids are sought. e. If the lowest bona fide proposal or bid exceeds the established Engineer's Construction Cost Estimate by 20 percent or more, City shall (1) give written approval to increase such cost limits, (2) authorize negotiating or rebidding the Project within a reasonable time, or (3) co- operate in revising the Project's general scope, extent or character to the extent consistent with the Project's requirements and with sound engineering practice. In the case of (3), Engineer shall modify the Contract Documents as necessary to bring the Construction Cost within the cost limit. In lieu of other compensation for services in making such modifications, City shall pay Engineer, Engineer's cost of such services, all overhead expenses and reimbursable expenses reasonably related thereto, but not including profit, on account of such services. The providing of such service will be the limit of Engineer's responsibility in this regard and, having done so, Engineer shall be entitled to payment for services in accordance with this Agreement and will not otherwise be liable for damages attributable to the lowest bona fide proposal or bid exceeding the established Construction Cost. 16. The City agrees that in accordance with generally 13 accepted construction practices, the construction contractor will be required 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 that this requirement shall be made to apply continuously and not be limited to normal working hours. 17. Should litigation be necessary to enforce any term or provision of this Agreement, or to collect any portion of the amount payable under this Agreement, then all litigation and collection expenses, witness fees, and court costs, and attorney's fees shall be paid to the prevailing party. 18. 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 effect, and to this end the provisions of this Agreement are declared to be severable. 19. The City shall pay the costs of checking and inspection fees, zoning and annexation application fees, assessment fees, construction soils testing fees, and all other fees, permits, bond premiums, and title company charges. 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 14 consequence of such unforeseen charges unless by mutual written agreement of City and Engineer. 20. There are no understandings or agreements except as herein expressly stated. Any modifications must be in writing. 21. The City will require that any contractor performing work in connection with construction contract documents produced under this Agreement to hold harmless, indemnify and defend the City, the Engineer, their consultants, and each of their officers, agents and employees from any and all liability, claims, losses or damage arising out of or alleged to arise from the Contractor's negligence in the performance of the work described in the construction contract documents, but not including liability that may be due to the sole negligence of the City, the Engineer, their consultants or their officers, agents and employees. The City will require the Contractor to provide Worker's Compensation and comprehensive general liability insurance, including completed operations and contractual liability, with the latter coverage sufficient to insure the Contractor'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 insured. 15 22. The Engineer shall be entitled to reasonably rely upon the accuracy of data provided by the City or others without independent evaluation. 23. (NOT USED) 24. The Engineer warrants that he has not employed or retained any company or person, other than a bona fide employee working for the 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 formation of this Agreement. For breach or violation of this warranty, the local agency shall have the right to annul this Agreement without liability, or at 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. 25. Engineer shall provide evidence of insurance in the form of a certificate of Insurance, in which the City is named as an additional named insured on the Engineers Comprehensive General, Automobile Liability and Property Damage coverage. 16 26. ENTIRE AGREEMENT This Agreement represents the entire and integrated Agreement between the parties herto and supercedes 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 the parties hereto. 17 r IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officers duly authorized in that behalf. D~_ ~.HNSON' & M5NDENHA.. .. LL BY: I . I ~ 1, / V / U I I . DATED: V\cJ...:CC\( 2, J \ q 'is ~- ATTEST: .~d///~/J// CITY BY: . citv Clerk .4 Mayor DATED: 1..> /:? /....1:/{) I / t/ /f / .. / DATED: ~ ~ i1 ~f Approved as to form and legal content: i!/~) City Attorney 18 l 1 EXHIBIT "1" SCOPE OF SERVICES I . GENERAL A. Purpose The City of San Bernardino (hereinafter City) desires to secure certain professional engineering services (hereinafter SERVICES) for the development of the Central City South Assessment District (hereinafter PROJECT). The PROJECT will be formed under the provisions of the Municipal Improvement Act of 1913 and its financing will be by selling bonds under the 1915 Bond Act. The PROJECT is within the limits of the City of San Bernardino, generally bound by Rialto Avenue on the north, Mill Street on the south, 1-215 Freeway on the west, and "E" Street on the east. It includes the widening and reconstruction of the South side of Ria\to Avenue between the 1-215 I Freeway and "E" Street; the reconstruction of "G" Street between Rialto Avenue and Mill Street; the construction of "F" Street between Rialto Avenue and a point approximately 300 feet Westerly of "G" 4 street; the reconstruction of "E" street between Rialto Avenue and Mill Street; the reconstruction T- of the North side of Mill Street between "G" Street and "E" Street; the construction of Valley Street between "G" Street and "E" Street; and the reconstruction of Columbia~Street between Walkinshaw Street and "G" Street. CCS12288.CONj10 15 The development elements also include railroad grade crossings: right of way definition: civil works consisting of grading, paving, drainage and utilities; landscaping; and other project related features. The design shall be performed in accordance with City standards and criteria. B. Description CCSI2288.CON/I0 The SERVICES shall include geotechnical work; surveys; preliminary engineering; detailed design; preparation of construction plans; technical specifications and cost estimates; coordination with Agencies and/or Owners whose facilities are affected by the construction; and coordination with the City and other consultants under contract to the City whose work interfaces with the SERVICES. The SERVICES shall exclude the following except as it relates to coordination or colateral work by others and requires input from the Engineer: 1. Acquisition of necessary rights-of-way, which will be performed by the Redevelopment Agency of the city. The ENGINEER's effort shall be limited to defining the rights-of-way required and the preparation of legal descriptions and plats. 2. Obtaining rights of entry. 3. Property assessments. 16 4. Final preparation of deeds, excepts for plats and descriptions as authorized in section III B 2. 5. Bond Counselor underwriting. 6. The obtaining of any required construction permits 7. Preparation of hazardous and toxic waste analyses and reports, if such materials are found to be present as a result of geotechnical investigations. II. INFORMATION TO BE FURNISHED BY THE CITY The City shall furnish the following information to the ENGINEER: o Preliminary drawings prepared for the City by Brown &.Mullins, Inc. o Preliminary quantity and cost estimates o Design guidelines and standards for landscaping o Existing aerial mapping and related information which may exist with the City o Any previous geotechnical reports in the Project area, prepared for the City o utility plans within and in the immediate vicinity of the PROJECT for City owner utilities. III. SERVICES TO BE PERFORMED The SERVICES shall consist of the following services: CCS12288.CONj10 17 A. Basic Professional Enqineerinq Services: CCS12288.CONj10 1. Review all applicable information, data and criteria provided by the city as the basis for design. Make recommendations for modifications as considered appropriate. 2. Attend meetings in connection with the SERVICES with representatives of the City, regulatory agencies, agencies whose facilities (existing or proposed) are affected by the construction and any other parties that may be performing interfacing work. The ENGINEER shall prepare minutes for record of all such meetings and provide a copy to all attendees. 3. Immediately after Notice to Proceed perform an on-site visual inspection of the PROJECT area together with representatives of the City. 4. Geotechnical. Perform the required geotechnical investigation work, specifically consisting of the following: o Coordinate with various City of San Bernardino utility companies to locate any underground facilities prior to performing drilling operations in the PROJECT area. o Drill approximately 18 to 20 exploratory borings and hand 18 CCS12288.CONj10 excavate additional locations in the existing streets and right-of- ways to sample the subsurface soils. o Provide for traffic control during the field investigation. o Perform laboratory testing on sufficient number of selected subsurface soils obtained during the exploration in order to evaluate the soil properties and characteristics in the PROJECT area. o Prepare a final report outlining street structural section design recommendations and evaluate the suitability of the subsurface soils for trenching and for trench backfill. 5. Perform the necessary aerial photogrametrics survey over the PROJECT area. Provide controlled aerial photographs and base maps. 6. Perform all necessary land surveying services within the PROJECT area for purposes of locating all physical features important to the design and construction, and for providing the necessary horizontal and vertical controls within the PROJECT area. Prepare topographic map(s) of the PROJECT 19 CCS12288.CONjlO area. Prepare plan and profile sheets showing existing conditions of the streets identified. Plans shall be prepared from aerial mapping, plotted and scribbed on City of San Bernardino Plan and Profile sheets, aligned to conform to existing stationing. The plans shall include the following information: o Cross-section of existing streets at proposed "match-up" points o Field verification of all improvements as shown on aerial base maps. o Locations and invert elevations of sanitary and storm drain sewers o Drafted locations of water and gas mains from existing record information and field verification as necessary. o Finish floor elevations of buildings, critical in their relationship to the proposed improvements. o All overhead utilities o Centerline and right-of-way profiles o Cross-sections of the two (2) streets where only one-half is to be improved. Prepare duplicates of the plans to utilize as base maps for the sewer improvement plans. 7. Define the preliminary rights-of-way required to construct the PROJECT. The SERVICES exclude any boundary surveys. 20 8. Obtain and review existing criteria, designs, standards published/prepared by others that might affect the SERVICES. Included shall be redevelopment agency standards, easements, drainage master plans, hydrological data and landscaping guidelines. 9. Coordinate the SERVICES with utility agencies whose facilities might be affected by the construction. 10. Coordinate the SERVICES , as required, with the City, the Flood Control District and other jurisdictional public agencies. 11. Coordinate the SERVICES with both the Southern Pacific Transportation Company (SPTC) and Atchison, Topeka and Santa Fe Railway (Santa Fe) relative to the railroad grade crossings within the PROJECT area; and for conformance with the requirements of the Public utilities Commission. Obtain all necessary SPTC and Santa Fe approvals. 12. Perform preliminary and final engineering and prepare construction plans for the following elements of work: o Roadways, curbs, gutters, sidewalks, striping Horizontal and vertical Controls Grading and earthwork Paving Drainage and hydraulics o o o o CCS12288.CON/10 21 o utilities, new and/or relocated o Railroad grade crossings o Erosion control o Traffic signalization modification 13. Perform the required landscaping/street- scaping designs and prepare the related construction plans. Engineer shall use the guidelines, standardized criteria and material selection from the document entitled previously prepared for the 14. 15. 16. CCSI2288.CON/I0 City. Prepare technical specifications for all elements of work. The specifications shall also identify any construction or access restrictions and milestone completion dates. Perform quantity takeoffs and prepare construction cost estimates. Two such estimates shall be prepared; one at the conclusion of the preliminary phase and a detailed one at the conclusion of the final engineering. within 30 days from Notice to Proceed submit to the City a detailed design activity schedule for the SERVICES. Obtain review comments from the City and revise the schedule as required. Update and/or modify this schedule, as required, at critical milestones during the performance of the SERVICES. 22 B. Additional Enqineerinq Services CCSI2288.CON/I0 1. Coordinate with the City to finalize the precise number of parcel/lot acquisition required for which the City will have to prepare deeds. 2. Prepare legal descriptions and right-of-way plats for the precise number of parcel/lot acquisitions required in order that they may be recorded as an Offer of Dedication. This Scope of Work includes the preparation of plats and legal descriptions of the street dedications only. It does not include further land acquisitions of remnant parcels. 23 CCS12288.CONjlO EXHIBIT "2" SCHEDULE OF COMPLETION DATES 24 EXHIBIT "4" CHANGES SCHEDULE OF HOURLY RATES EFFECTIVE JANUARY 1, 1989 Labor Classification Fully Burdened Rate/Hour Project Principal Project Manager Sr. civil Engineer civil Engineer Sr. Structural Engineer Structural Engineer Chief Railroad Engineer Sr. Railroad Engineer Railroad Engineer Traffic Engineer Landscape Architect Electrical Engineer Cost Estimator Drafter Administrative/Clerical $112.00 80.05 80.05 66.70 88.68 68.00 101.54 83.00 62.27 88.68 62.73 86.84 77.06 37.00 28.98 NOTE: The above rates are effective January 1, 1989 through December 31, 1989. After December 31, 1989 an average 5% increase will be in effect. CCS12288.CON/10 25 CERTIFICATION OF ENGINEER ~SL,GC~Q \-e ~:;, ~C\J \ J I HEREBY CERTIFY that I am alvice President and the Western Region Manager and duly authorized representative of the firm of DANIEL, MANN, JOHNSON, & MENDENHALL, whose address is 275 W. Hospitality Lane, San Bernardino, California 92408, and that neither I nor the above firm I here represent has: (a) employed or retained for a commission, percentage, brokerage, contingent fee or other consideration, any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit or secure this Agreement; (b) agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or (c) paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation or consideration of any kind for, or in connection with, prbcuring or carrying out the Agreement; ~t\Cu C~\ L-l (Date) \ q~~q. J~ ou I CCS12288.CONjlO 26 ~ EXHIBIT 3 .. ,~ CENTRAL CITY SOUTH ASSESSMENT DISTRICT ESTIMATED COST FOR ADDITIONAL SERVICES PREPARATION OF LEGAL DESCRIPTIONS AND PLATS BY PARCEL TYPE Parcel Tvpe 1. 2. Curvilinear, bisecting parcel Corner parcels, curvilinear affecting two sides Corner parcels, affecting two sides Tangent, bisecting parcel Street widening only 3. 4. 5. CCSI2288.CONjl0 27 Cost/Parcel $1, 050. OOjparcel $850.00jparcel $500.00jparcel $400.00jparcel $250.00jparcel . .. EXHIBIT 3 CENTRAL CITY SOUTH ASSESSMENT DISTRICT ESTIMATED COST OF BASIC PROFESSIONAL ENGINEERING SERVICES Tasks Costs % of Total New Base Sheets Roadway Sewer Water Drainage Signalization Intersections striping & Signage Detail Sheets Specifications Quantity Estimates Meetings Plan Checking Landscaping (a) $10,692 $29,152 $17,230 $10,771 $17,238 $16,879 $27,336 $12,092 $10,586 $12,845 $12,376 $25,403 $30,844 $44,400 (b) 3.44 9.37 5.54 3.46 5.54 5.43 8.79 3.89 3.40 4.13 3.98 8.17 9.92 14.27 Subtotal DMJM $277,844 89.33 Survey $23,750 (b) Geotechnical $9,450 7.64 3.04 Subtotal Subconsultants $33,200 10.67 TOTAL $311,044 (b) 100.00 CCS12288.CONj10 28