Loading...
HomeMy WebLinkAbout1989-071 t .':. ~ 1 RESOLUTION NO. 89-71 :1-: C ':! ~ - .t~.J >~ i ~~ ~ ~ r";;: ~ ,,.-, , .. ~"","v" ...r.... <-,.'\ to, '-. I"'" L.'J,;': t c.U ,~) f :'j ~J ~; 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH MOHLE, GROVER AND ASSOCIATES 3 RELATING TO THE PROVISION OF PROFESSIONAL SERVICES FOR PREPARATION OF A TRAFFIC CONTROL DEVICES INVENTORY. 4 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 5 CITY OF SAN BERNARDINO AS FOLLOWS: 6 SECTION 1. The Mayor of the City of San Bernardino is 7 hereby authorized and directed to eXf~cute, on behalf of said 8 City, an agreement with Mahle, Grover and Associates, relating to 9 the provision of professional services for preparation of a 10 traffic control devices inventory, which aqreement is a"ctached 11 hereto, marked Exhibi t "A" and incorporated herein by reference 12 as fully as though set forth at length. , 13 SECTION 2. The agreement shall not take effect until 14 fully signed and executed by both parties. The City shall not be 15 obligated hereunder unless and until the agreement is fully 16 executed and no oral agreement relating thereto shall be implied 17 or authorized. 18 I HEREBY CERTIFY that the foregoing resolution was duly 19 adopted by the Mayor and Common - Council of the Ci ty of San 20 Bernardino at a n adjourned regular meeting thereof, held on the 13th 21 day of 22 23 24 25 26 27 28 2/10/89 March , 1989, by the following vote, to-wit: AYES: Council Members Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAYS: None ABSENT: Council Member Estrada .fl \/<.: ;l' 1 !y!II~ f~:~l;!t~ ,.,I" /', _ C~-,tf Clerk c ft;l)yZI<;(, .~,ifJ((1.:~:;/ J i~rf .... 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 2/10/89 -- .. - -'-'--- RESO: AUTHORIZiNG E~ECUTION OF AN AGREEMENT WITH MOHLE, GROVER AND ASSOCIATES, RELATING TO SERVICES FOR TRAFFIC CONTROL DEVICES INVENTORY The foregoing resolution is hereby approved this /~~n( day of March , 1989. Evlyn Wilcox, Mayor City of San Bernardino Approved as to form and legal content: cif~ - 2 - I. EXHIBIT "A" AGREEMENT FOR PROFESSIONAL SERVICES This ~~EE~ENT is made and entered into the J~6~ day of I~, 1981, by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called "City", and a California corporation, hereinafter called "Engineer WITNESSETH WHEREAS, City desires to obtain professional services to prepare a Traffic Control Devices Inventory computer program for monitoring, tracking, repair, reports generation, and maintenance scheduling, as well as a video log and devices condition report as of log date, for the entire city's streets. WHEREAS, in order to develop such a retain the professional services of a consulting firm; and WHEREAS, Engineer is qualified to provide said professional services for the development of such a program; and program, it qualified is necessary to engineering 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. GENERAL Engineer shall perform those services specified in "Scope of Services", a copy of which is attached hereto as Exhibit "B" and incorporated as though set forth in full. Performance of the work specified in the "Scope of Services", is made an obligation of Engineers under this Agreement, subject to any changes made subsequently upon the mutual agreement in writing of the parties hereto. 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 "c" attached hereto and incorporated here in 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 "C" schedule unless extended by agreement of the parties. The Engineer shall complete all work product and design in conform with OTS Standard Specifications . and Standard Drawings, City of San Bernardino Standard Drawings. PAGE -1- I I I . 2. COMPENSATION 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 $60,000. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit "0", attached hereto and incorporated herein as though set forth in full. Said fee 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 beneficent alteration shall be agreed upon in writing by City and Engineer before commencement of perfor- mance of such significant alteration by Engineer. Total expenditures made under this contract, shall not exceed the sum of $60,000 . 10% of the total of each billing shall be held in retention by the City and shall be paid together with the final payment upon completion and acceptance by the city and the California Office of Traffic Safety of the final report. Adjustment of total cost of 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: A. Scope, complexity, or character of the services to be performed; B. Conditions under which the work is required to be per formed; and C. Duration of work if the change from the time period specified in the Agreement for Completion of the work warrants such adjustment. The Engineer is required to comply with all Federal, 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. AMENDMENT OF SERVICES No services shall be rendered by Engineer under Agreement unless such extra services are authorized, in writing, by City and Office of Traffic Safety. Authorized services shall be invoiced based on En<;]ineer's "Schedule or Hourly Rates" dated January 1, 1989, a copy of WhlCh is attached hereto as Exhibit "E" and incorporated herein as though set forth in full. PAGE 2 4. PAYMENT BY CITY 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 b~ City. Dispute over any invoiced amount shall be noticed to the Eng1neer within five (5) days of billing. 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 30 days of the billing 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 costs incurred in collecting any delin- quent amount shall be paid to the prevailing party. 5. SUPERVISION AND INSPECTION 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. The Office of Traffic Safety, the National Highway Traffic Safety Administration, the Federal Highway Administration and the City may review and inspect the Contractor's activities during the progress of the program. 6. ASSURANCE OF 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 ori9in. Engineer agrees to take affirmative action to ensure that appl1cants 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 advertis- ing; 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 Discrimi- nation Act of 1975 or with respect to an otherwise qualified handi- capped 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 or religion as provided in the civil Rights Acts of 1964 or Title VIII of April 11, 1968, as amended, shall also apply. PAGE -3- 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 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, 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. Engineer shall be compensated for such services in accordance with Exhibit "E". 8. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the perfor- mance 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. Any document or written report prepared for or under the direc- tion of a state or local agency, which is prepared in whole or in part by non-employees of such agency, shall contain the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of such document or written report; provided, however, that the total cost for work performed by non-employees of the agency exceeds five thousand dollars ($5,000). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. 9. NON-ASSIGNMENT This Agreement is not assignable either in whole or in part by Engineer without the written consent of city. All subcontracts exceeding $10,000 shall contain all required provisions of the prime contract. 10. HOLD HARMLESS Engineer hereby a~rees to and shall hold City, its elective and appointive boards, offlcers, 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 Engi- neer's negligent acts, errors or omissions under this Agreement. PAGE -4- , ~' 11. NOTICES Official notices relatives to the services provided under this Agreement shall be in writing addressed to the following: ENGINEER Mr. Albert L. Grover Executive Vice President Mohle,Grover & Associates 901 E. Imperial Highway, Ste. A La Habra, CA 90631 CITY Mr. Roger G. Hardgrave Director of Public Works/ City Engineer 300 North "0" Street San Bernardino, CA 92418 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 lock-outs, accidents, acts of God and other delays unavoidable or beyond Engineer's reasonable control, or due to shortages or unavail- ability 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 agen- cies, 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 products of service and shall become the property of City and Office of Traffic Safety except where by law or precedent these documents become property of the Engineer. All such documents or records shall be delivered to the City under conditions as set forth in section 7 of this Agreement. 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. The City agrees that in accordance with generally accepted construction practices, the construction contractor will be re~ired to assume sole and complete responsibility for job site condltions 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. 16. 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. PAGE -5- 17. 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. 18. The City shall pay the cost of checking and inspection. 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 such unforeseen charges unless by mutual written agreement of City and Engineer. 19. There are no understandings or agreements except as herein expressly stated. Any modifications must be in writing. 20. The City will require that any Contractor performing work in connection with the 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 docu- ments, but not including liability that may be due to the sole negli- gence of the City, the Engineer, their consultants or their officers, agents and employees. The City will require the Contractor to provide Workers 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 insureds. 21. The Engineer shall be entitled to reasonably rely upon the accuracy of data provided through the City or others without indepen- dent evaluation. 22. Those provisions as set forth in the General provisions, per Appendix "A", attached hereto are by reference incorporated herein and made a part hereof. 23. 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 bonafide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resultin9 from the award or formation of this Agreement. For breach or violatlon of this warrant, 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. PAGE -6- t ',. 24. Office of Traffic Safety funding is fixed under this agree- ment and no additional funds will be provided for amendment in ser- vices from grant sources. 25. Engineer shall provide evidence of insurance in the form of a ~olicy of insurance, in which the City is named as an additional of thlS agreement. 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. MOHLE, GROVER & ASSOCIATES CITY OF SAN BERNARDINO a municipal corporation BY EVLYN ATTEST: $riff; Approved as to form and legal content: c PAGE -7- EXHIBIT "B" SCOPE OF SERVICES TASK I - VIDEO LOG To conduct a video log inventory of all existing warning and regulatory devices and pavement markings (excluding parking related signing and marking) on all City streets in accordance with schedule contract in Exhibit "C". Original video tapes shall be ,submitted to the City. TASK II - EVALUATION OF DEVICES To evaluate the existing traffic control devices for control devices for conformance with current standards in accordance with schedule contract in Exhibit "C". TASK III -DEVELOP AND SUPPLY COMPUTER PROGRAM To develop and suppl~ a computer program for City selected PC to maintain lnventories and provide data for maintenance, reports, monitoring and repairs. TASK IV - INSTALL PROGRAM AND DATA To load the computerize inventory, maintenance and reporting programs onto a City acquired PC system, in accordance with schedule contract in Exhibit "C". TASK V - RECORDS MAINTENANCE Provide for maintenance of records of "before" and "after" accident rates and new improvements (to be conducted by City staff on an on-going basis). TASK VI - PRIORITY LISTING To prepare priority list of deficient devices and to establish a program for replacement/repair of such devices to conform with current standards, in accordance with schedule contract in Exhibit "C". PAGE -1- TASK VII - MEETINGS To conduct on-going regular meetin9s with city Staff to discuss project progress, goals, tlme lines and concerns. A minimum of one meeting each month with more frequent intervals if necessary. TASK VIII - TRAINING Consultant shall provide training session for Engineering and Maintenance staff on proper use, operation and maintenance of completed system. Trained staff shall be able to demonstrate acceptable proficiency in system usage prior to full payment under this task. A minimum of four (4) training hours shall be provided by consultant at City selected locations. TASK IX - REPORTS Contractor shall furnish interim reports quarterly as to the progress of the study or upon demand by the Administrator or of the Office of Traffic Safety. A final report in draft form shall be presented to the Administrator and the Office of Traffic Safety no later then thirty (30) days prior to contract termination for review, recommendation and approval of both parties. First report is due thirty (30) days after project completion. Thirty (30) printed copies are required. Publication A. Contractor shall not be authorized to copyright the final report without written approval from the Administrator and the Office of Traffic Safety. Contractor shall also be prohibited during the term of the contract from copyrighting any papers, interim reports, forms, or other materials which is a part of the work under the contract. B. Publication rights to any documents produced are to be reserved to the Administrator and the Office of Traffic Safety. C. All reports published by the Contractor shall contain the following statement on the credit sheet: "The opinions, findings and conclusions expressed in this publication are those of the authors and not necessarily those of the Office of Traffic Safety, the National Highway Traffic Safety Administration or the Federal Highway Administra tion". D. Both written and oral releases are considered to be within the context of publication. However, there is no inten- tion to limit discussion of the study with small technical groups or lectures to emplovees or students. Lectures to other groups which descrlbe the project but disclose neither data nor results are permissible without advance approval. PAGE -2- E. All reports shall contain the following credit line: "In cooperation with state of California Business, Transporta- tion and Housing Authority, Office of Traffic safet~, the U. S. Department of Transportation, National H1ghway Traffic Safety Administration and Federal Highway Adminis- tration". PROJECT PROCEDURE Contractor shall video log and review signing, striping, and lane control devices in accordance with the following: 1. Develop an effective methodology of the video logging to ensure clarity, accuracy, and ease of future reviews. 2. The camera operator must consistently adhere to the mutually established operation procedure, such as: camera mounting, focal length, viewing angle, lighting condi- tions, etc. 3. One video run is required for each direction of travel of each sheet. Streets with raised medians will require extra runs. 4. Each street run must be audibly identified for limits, direction of travel, and at each intersection crossing. 5. Each street surveyed must be indexed separate log must be provided with indexes and segments address. during filming. A each tape showing 6. Each traffic control surveyed shall type, code, I.D. #, direction, size not), relative location, condition, meet current standard. be identified with: (whether standard or and whether or not 7. Field verification and spot checking are required. 8. Prior to City's acceptance of the final inventory, Con- tractor will cooperate with the City in updating data for changes, installation or replacement of traffic controls since the logging date. City will furnish Contractor with such updated data. 9. Contractor shall furnish, at no cost to the City, any accessories (i.e., tripod, mounting hardware) used in the video surveying which would be needed by the City to update the survey in the future. PAGE -3- EXHIBIT "C" SCHEDULE OF COMPLETION DATES NOTICE TO PROCEED - ON OR AFTER. . . . . . . . . . . January 1, 1989 TASK I - VIDEO LOG . . . . . . . . . . . . .October 30, 1989 TASK II - EVALUATION Of SERVICE. . . . . . .October 30, 1989 TASK III - DEVELOP And SUPPLY COMPUTER PROGRAM . . . . April 1, 1989 TASK IV - INSTALL PROGRAM AND DATA . . . . . . . . .November 1, 1989 TASK V - RECORDS MAINTENANCE . . . . . . . . . . . .November 1, 1989 TASK VI - PRIORITY LIST.. .......... .February 1, 1990 TASK VII - MEETINGS. . . . . . . . . . . . . . . . On Going TASK VIII - TRAINING . . . . . . . . . . . . . . . . . . . On Going TASK IX - REPORTS . . . . . . . . . . . . . . . . . .January 1, 1990 PAGE -1- EXHIBIT "D" COST PRICE PROPOSAL SUMMARY *TASK I - VIDEO LOG *TASK II - EVALUATION OF SERVICES TASK III - DEVELOP AND SUPPLY COMPUTER PROGRAM *TASK IV - INSTALL PROGRAM AND DATA TASK V - RECORDS MAINTENANCE TASK VI - PRIORITY LIST TASK VII - MEETINGS TASK VIII - TRAINING TASK IX - REPORTS TOTAL COST COST $32,000 Included in Task I 3,040 13,000 4,000 2,000 2,920 1,040 2,000 $60,000 *Tasks I, II and IV subcontracted to Robert R. Wirts. NOTE: See following pages for a detailed breakdown of each task. PAGE -1- EXHIBIT "D" COST PRICE PROPOSAL TASK I - VIDEO LOG Direct Labor Hours Total Subcontract to Robert R. Wirts $32,000 TASK I, SUB TOTAL $32,000 PAGE -2- L EXHIBIT "D" COST PRICE PROPOSAL TASK II - EVALUATION OF SERVICES Direct Labor Hours N/A Subcontract to Robert R. Wirts (included as part of Task I) TASK II, SUB TOTAL PAGE -3- Total $0.00 EXHIBIT "D" COST PRICE PROPOSAL TASK III - DEVELOP AND SUPPLY COMPUTER PROGRAM Direct Labor Principal Computer Analyst Rate 110 65 Hours 4 40 Total $ 440 2,600 $3,040 TASK III, SUB TOTAL $3,040 PAGE -4- EXHIBIT "D" COST PRICE PROPOSAL TASK IV - INSTALL PROGRAM AND DATA Direct Labor Hours Total Subcontract to Robert R. Wirts $13,000 TASK IV, SUB TOTAL $13,000 PAGE -5- EXHIBIT "D" COST PRICE PROPOSAL TASK V - RECORDS MAINTENANCE Direct Labor Principal Computer Analyst Rate Hours 110 65 8 48 Total $ 880 3,120 $4,000 TASK V, SUB TOTAL $4,000 PAGE -6- . . TASK VI - PRIORITY LIST Direct Labor Principal Computer Analyst EXHIBIT "D" COST PRICE PROPOSAL Rate Hours Total $ 440 1,560 $2,000 TASK VI, SUB TOTAL $2,000 PAGE -7- 110 65 4 24 . . EXHIBIT "D" COST PRICE PROPOSAL TASK VII - MEETINGS Direct Labor Rate Hours Total Principal 110 16 $1,760 Transportation Engineer 80 8 640 Computer Analyst 65 8 520 $2,920 TASK VII, SUB TOTAL $2,920 PAGE -8- ., " EXHIBIT "0" COST PRICE PROPOSAL TASK VIII - TRAINING Direct Labor Rate Hours Total Computer Analyst 65 16 $1,040 TASK VIII, SUB TOTAL $1,040 PAGE -9- TASK IX - REPORTS Direct Labor Principal Computer Analyst EXHIBIT "D" COST PRICE PROPOSAL Rate Hours Total $ 440 1,560 $2,000 TASK IX, SUB TOTAL $2,000 PAGE -10- 110 65 4 24 ... .. ~ MOHLE, GROVER ~ ASSOCIATES 901 East Imperial Hi~J'A) Suite A La Habra, CA 90631. (714 738.3471 EXHIBIT "E" SCHEDULE OF HOURLY RATES EFFECTIVE JANUARY 1, 1989 Principal $110.00 $90.00 $80.00 $80.00 $65.00 $65.00 $65.00 $55.00 $55.00 $45.00 $40.00 $35.00 $30.00 Vice President Transportation Engineer/Associate Civil Engineer/Associate/Resident Engineer Computer Analyst Designer Construction Inspector Senior Draftsman Assistant Engineer Engineering Technician II Computer Operator Clerical/Engineering Technician I Traffic Enumerator/Engineering Aide Expert Witness - Principal Vice President $125.00 $100.00 Subconsultants will be billed at cost plus 10% Mileage Rate: $0.25 per mile Conditions of Usage: The above rates are typically effective for a 12 month period, but MGA maintains the right to change the billing rates at any time for convenience of record keeping. Therefore, all billings will always be at the then current billing rates. This will not affect any agreed upon total or not-to-exceed fees. PAGE -1- .. " CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the Director of Public Works and duly authorized representative of the Local Agency of the City of San Bernardino, and that the above consulting firm or his representative has not been required, directly or indirectly as an express or implied condition in connection with obtaining or carrying out this Agreement to: (a) employ or retain, or agree to employ or retain, any firm or person: or (b) pay, or agree to pay, to any firm, organization or person any fee contribution, donation or consideration of any kind fori except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the State Department of Transportation in connection with this Agreement involving participation of Federal Aid Highway Funds, and is subject t: ;~;b;;tate and Federal laws, both a~~ CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am the Executive Vice President and duly authorized representative of the firm of MOHLE, GROVER & ASSOCIATES, whose address is 901 East Imperial Highway, Suite A, La Habra, California 90631, 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) agree, as an express or implied condition for this contract, to employ or retain the services of any person in connection with carrying out the Agreement, or obtaining firm 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, procuring or carrying out the Agreement; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the State Department of Transportation in connection with this Agreement involving participation of Federal Aid Highway Funds, and is subject to applicable State and Federal laws, both criminal and civil. o1-~-B9