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HomeMy WebLinkAbout1989-197 ernardino at a 24 ay of June 25 AYES: 26 27 NAYS: 5/25/89 28 l, .. ,,' I' 1 RESOLUTION NO. 89-197 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT FOR PROFESSIONAL SERVICES WITH A.S.L. 3 CONSULTING ENGINEERS RELATING TO THE ENGINEERING DESIGN FOR REHABILITATION OF WATERMAN AVENUE, FROM MILL STREET TO FIFTH 4 STREET. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 8 9 10 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 A.S.L. Consulting Engineers, relating to the engineering design for rehabili tat ion of Waterman Avenue, from Mill Street to 5th Street, a copy of which agreement lS 11 attached hereto, marked Exhibit "A" and incorporated herein by 12 reference as fully as though set forth at length. 13 SECTION 2. The agreement shall not take effect until 14 15 16 17 18 19 20 21 22 23 fully signed and executed by both parties. The City shall not be obligated hereunder unless and until the agreement is fully executed and no oral agreement relating thereto shall be implied r authorized. SECTION 3. This resolution is rescinded if the parties o the agreement fail to execute it within sixty (60) days of the assage of this resolution. I HEREBY CERTIFY that the foregoing resolution was duly dopted by the Mayor and Cornmon Council of the Ci ty of San reqular meeting thereof, held on the ~ , 1989, by the following vote, to-wit: Council Members Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller None " , ' 0' 1 2 3 4 5 6 day of 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 5/25/89 28 , ~ ABSENT: None t l .". .",1 / I / ,,/'C /. / \ti /11J.IL.1ttl./ l>:.- /:t,PL./ .1,~~i}~ S}yrk , , ,_ , C71-CfLIc;P1 tW41 iJL?'1 The foregoing resolution is hereby approved '(his ~_~?f~/ June , 1989. ,'it;r~) ",{I>' :> ~'e'" , ~J' .... ,f'l ,,' omb, Mayp1:"' sae' Bernar~no Approved as to form and legal content: James F. Penman City Attorney BJ~.~j ,~~- - 2 - I . 1111'-- IJ-' (f f- il . . . I' EXHIBIT A AGREEMENT FOR PROFESSIONAL SERVICES //O_-) , I TH I S AGREEMENT is made and entered into th is tet daY~' f,1 , 1989, by and between the CITY OF SAN BERNARDINO, a municipal cor,oo on, hereinafter referred to as the "City", and ASL Consulting Engi' er, a California corporation, hereinafter referred to as "Engineer". WITNESSETH WHEREAS, City desires to obtain professional services to prepare plans, specifications, and estimates, to construct improvements and to rehabilitate Waterman Avenue between Mi 11 Street and Fi fth Street. The project wi 11 provide for improvements to the existing roadway, removal of median islands and signals, widening of the west side of Waterman Avenue between Third Street and Fourth Street to provide for 3-lanes of traffic in each direction. The project will also include the upgrade of signals to provide left-turn phase and possible interconnection, widening of the Warm Creek Bridge channel crossing, providing for double left-turn lanes, relocation or adjustment of- existing utilities, pavement rehabilitation or reconstruction, signing and striping; 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; and WHEREAS, San Bernardino City Council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth. NOW, THEREFORE, it is mutually agreed, as follows: 1. SCOPE OF SERVICES Engineer shall perform those services specified in "Scope of Services", a copy of which is attached hereto as Exhibit "I" and incorporated as though set forth in full. 2. TERM OF AGREEMENT The services of Engineer are to commence within thirty (30) days after the City has authorized work to start by issuance of a Notice to Proceed. The scheduled completion dates specifically set forth in Exhibit "2" attached hereto and incorporated herein as though set forth in full, will be adjusted by Engineer as the City authorizes the work. Such adjustments shall require City approval prior to commencement of performance of each phase. This Agreement shall expire as specified by the Exhibit "2" schedule, unless extended by written Agreement of the parties. 1 ~ .. I. I. . 3. STANDARD OF PERFORMANCE Engineer shall complete all work product and design in conformance with Caltrans Standard Specifications and Standard Drawings, City of San Bernardino's Standard Drawings and San Bernardino County Flood Control District Standards. 4. CHANGES/EXTRA SERVICES A. 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 shall include any increase or decrease in the amount of compensation due Engineer for the change in scope. Any change which has not been so incorporated shall not be binding on either party. B. No extra services shall be rendered by Engineer under this Agreement unless such extra services are authorized, in writing, by City prior to performance of such work. Authorized extra services shall be invoiced based- on Engineer's "Schedule of Hourly Rates" dated 1989, a copy of which is attached hereto as Exhibit "7" and incorporated herein as though set forth in full. - 5. COMPENSATION A. The City shall reimburse the Engineer for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Engineer in performance of the work, in an amount not to exceed $111,228.00, as set forth in Exhibit "3", attached hereto, consisting of actual costs of $98,615.46 together with a fixed fee of $12,612.54. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibits "4", "5" and "6" attached hereto and incorporated herein as though set forth in full. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. Any such significant alteration shall be agreed upon in writing by City and Engineer before commencement of performance of such significant alteration by Engineer. Any adjustment of the total cost of Services will only be permitted when the Engineer establishes and City has agreed, in writing, that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to be performed; or 2. Conditions under which the work is required to be performed; or 2 I, . , .. '. 3. Duration of work if the change from the time period specified in the Agreement for completion of the work warrants such adjustment. 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, 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. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted monthly by Engineer to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Engineer within five (5) days of billing and a meet and confer meeting for purposes of- resolution of such dispute shall be initiated by the City within five (5) days of notice of such dispute. Interest of 1-1/2 percent per month (but no~. exceeding the maximum rate allowable by law) will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. 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. 7. SUPERVISION AND ACCEPTANCE OF SERVICES The Director of Public Works of City, or his designee, shall have the right of general supervision over all work performed by Engineer and shall be City's agent with respect to obtaining Engineer's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Public Works or his designee. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Engineer hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status or national origin. Engineer shall promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with Federal, State and local laws. Such action shall include, but not be limited to, the following: Recruitment and recruitment advertising, employment upgrading, and promotion. In addition, 3 I, . , , '. Engineer shall not exclude from participation under this Agreement any employee or applicant for employment on the basis of age, handicap or religion in compliance with State and Federal laws. 9. TERMINATION OF AGREEMENT A. This agreement may be terminated by either party upon thirty (30) days' written notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following date of such notice within which to correct the substantial failure giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Engineer for all the fees, charges and services performed to City's satisfaction by Engineer, 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 representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may continue within forty-five (45) days of termination. Any subsequent use- of such incomplete documents 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 "7". B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to City and City shall compensate Engineer in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to th is sect ion, the Agreement shall cont i nue unt i 1 all ob 1 i gat ions arising from such termination are satisfied. 10. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, and the City may grant to Engineer such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made on 1 y under the "changes" prov is i on of th is Agreement. Eng i neer shall not i fy City within ten (IO) days in writing when it becomes aware of any event or circumstance for which it claims or may claim an extension. 11. INDEPENDENT CONTRACTOR A. Engineer shall act as an independent contractor in the performance of the services provided for under this Agreement. Engineer shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of City. 4 I, . .l . B. Any document or written report prepared for or under the direction of a state or local agency, which is prepared in whole or in part by nonemployees 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 nonemployees of the agency exceeds five thousand dollars ($5,000.00). The contract and subcontract numbers and dollar amounts shall be contained in a separate section of such document or written report. 12. ASSIGNMENT OR SUBCONTRACTING Neither this Agreement, nor any portion thereof, may be assigned by Engineer without the written consent of City. Any attempt by Engineer to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this agreement. All subcontracts exceeding $10,000, shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Engineer and City: . . ENGINEER CITY Mr. William D. Lewis, President ASL Consulting Engineers 10350 Commerce Center Drive, Suite 180 Rancho Cucamonga, CA 91730 Mr. Roger C. Hardgrave, Director of Public Works, City Engineer 300 North "0" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Engineer may reasonably rely upon the accuracy of data provided through the City or its agents without independent evaluation. B. All tracings, survey notes, and other original documents are instruments of service and shall remain the property of Engineer except where by 1 aw, precedent, or agreement these documents become pub 1 i c property . All such documents or records shall be made accessible to the City. The engineer shall maintain all records for inspection by the City, State, or their duly authorized representatives for a period of three (3) years after final payment. The Engineer shall stamp and sign all specifications, estimates, plans and engineering data furnished, and, where appropriate, indicate registration number. 15. CONSTRUCTION COST ESTIMATE A. Any opinion of the Construction Cost prepared by Engineer represents his judgment as a design professional and is supplied for the general guidance of the City. Since Engineer has no control over the cost of labor and 5 j, . . ' 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. B. If a Construction Cost limit is established by written agreement between City and Engineer and is specifically set forth in a mutually agreed addendum to this Agreement, the following will apply: 1. 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 1 imit to the extent indicated in such revised opinion. 2. Any Construction Cost limit so established will include a contingency of ten percent (10%) unless another amount is agreed upon in writing. 3. 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 i~ within the cost limit. 4. If the bidding or negotiating phase has not commenced within six (6) 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 Final Design Phase and the date on which proposals or bids are sought. 5. If the lowest bona fide proposal or bid exceeds the established Engineer's Construction Cost Estimate by twenty percent (20%)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) cooperate in revising the Project's genera 1 scope, extent or character to the extent cons i stent wi th the Project's requirements and with sound engineering practice. I n the case of (3), Eng i neer shall mod i fy 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 serv ices , all overhead expen ses and re i mbur.s ab 1 e expen ses reasonab 1 y related thereto, but not i nc 1 ud i nq orofi t, 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. 6 j " (' . 16. COVENANT AGAINST CONTINGENT FEE Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the engineer for the purpose of securing business. For breach or violation of this warranty, the City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE Engineer hereby agrees to hold City, its elective and appointive boards, officers, and employees, harmless from liability for damage or claims for damage for personal injury including death, as well as from claims for property damage, which may arise from Engineer's negligent acts, errors or omissions under this Agreement. 18. INDEMNITY Engineer agrees to indemnify, pay for cost of defense and hold harmless City from and against claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses and liabilities, which arise solely from Engineer's negligent performance of services under this Agreement. Engineer shall not be responsible for, and City shall indemnify, defend and hold harmless Engineer from and against, any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses and liabilities of, by or with respect to third parties, which arise solely from the City's negligence. With respect to claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses and liabilities, which arise from the joint or concurrent negligence of Engineer and City, each party shall assume responsibility in proportion to the degree of its respective fault. 19. LIABILITY/INSURANCE A. Engineers' 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 lessor. B. The City wi 11 requ ire the Eng i neer to provi de Workers Compensat ion and comprehensive general liability insurance, including completed operations and cont ractua 1 1 i abi 1 i ty, wi th coverage suffi c i ent to insure the Eng i neer' 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. 7 , : C. Engi neer sha 11 prov i de ev i dence of insurance in the form of a certificate of insurance, in which the City is named as an additional named insured to the extent of the coverage requ i red by th is Agreement. Th is requirement does not apply to professional liability coverage. 20. VALIDITY Should any provision herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect, and to this end the provisions of this Agreement are declared to be severable. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto 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 both parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. CITY OF SAN BERNARDINO, a municipal corporation ATTEST: ~.#/P4!i~// /C i t Y C 1 e r k ASl Consulting Engineers ~~ William 0 le , r..:..:.:J[.J1L ~ .~(? Approved as to form and legal content: BY: ,~~ Penman, City Attorney 8 ': EXHIBIT 1 SCOPE OF WORK A multi-task work program has been developed to accomplish the Project objectives. Each task describes a work element required for the preparation of the final contract plans, specifications and estimates and is described in more detail in the following sections. Task 1 - Data Assembly Initial data collection and preliminary studies required for the design will be developed concurrently. The data will be used for roadway design, bridge design, traffic analysis and for the hydrology/hydraulic analysis. A detailed description of the work elements included in Task 1 - Data Assembly, are described below. A. Data Collection - Available data, plans and information pertaining to the project will be collected and reviewed. Existing maps, the as-built improvement pl ans for Waterman Avenue, The Town Creek Channel and Bridge, adjacent street plans, survey records, existing traffic studies, soils and foundation reports, utility information, tract maps, property records, and other i nformat i on and reports in City fi 1 es wi 11 be collected. B. Project Coordination - 1. A meeting will be held with City staff, Caltrans Project Development, San Bernardino County Flood Control District, (Flood Control) and other affected agencies. The purpose of the meeting will be to review the project, identify procedures to be followed in the processing of the project documents through Caltrans, Flood Control, and to finalize the Project Schedule. 2. A field site review will be made with City Staff to identify specific problems. C. Field Surveys - Field surveys will be performed. Field surveys will be tied to existing control south of Mill Street to assure full compatibility of the designs. 1. A records search will be made to assemble existing survey and monumentat i on data from the City of San Bernard i no and Flood Control files. J : EXHIBIT 1 SCOPE OF SERVICES (Cant.) 2. Site benchmarks will be located and ground control points will be established. 3. Centerline controls and stationing will be established for Waterman Avenue, Town Creek Channel and ties to all cross streets. 4. Cross-sections, topography and elevations will be provided, as necessary, to verify existing drainage and utility interferences. Pavement and bridge structure join lines will be precisely defined to record the condition of the project site prior to construction. 5. The survey notes will fully describe all reference points and the bench marks used will be referenced. 6. A complete set of all survey notes will be submitted to the City. D. Aerial Topographic Surveys - Aerial surveys will be obtained within the project limits. The aerial survey will consist of controlled aerial topographic strip mapping along Waterman Avenue. Mylar base sheets will - be developed and a Cad compatible disk will be furnished for use in preparation of the contract plans. E. Soils Investigation - A soils and foundation investigation will be made. The soils investigation for the design south of Mill Street will be reviewed. The foundation investigation will supplement the previous investigation and will include testing and evaluation of soils in connect i on wi th the des i gn of the roadway improvements, pavement structure design, embankment fill construction and for the bridge foundation. 1. The existing soil and pavements will be tested and evaluated to determine recommendations for pavement structural sections and for embankment construction. 2. The previ ous soi 1 s report and bori ng logs for the Town Creek Bridge will be reviewed. Supplemental borings and foundation investigations will be made to develop foundation recommendations for the Bridge widening. 3. The soils report, which includes the soils and bridge foundation recommendations, will be submitted to the City, Caltrans and Flood Control for review and approval. F. Field Traffic Counts - Field counts, reports and graphs will be prepared for the four intersections between Mill Street and Fifth Street for A.M. , .. EXHIBIT 1 SCOPE OF SERVICES (Cont.) and P.M. peak hour turning movements. Pedestrian counts will be taken at 15 minute intervals for volume and movements. Special studies will be conducted to provide for speed profiles, and on-street parking surveys. G. Utility Coordination - Utility research will be conducted. Coordination will be maintained with each utility owner to determine the requirements for utilities in the project area, identify conflicts and to develop recommendations for the protection, relocation, or undergrounding of each affected utility. Task 2 - Design Criteria Report A Design Criteria Report will be prepared and submitted for review and comment. The report will include a summary of the initial studies and findings. The report will include the preliminary alignment plan, proposed street typical section and pavement structural section, the bridge type. selection study and loading requirements. - A. A geometric alignment plan will be prepared. The geometric plan will show a 1 i gnments, cross- sect ions and other geometri c characteri st i cs of the street and bridge improvements. The geometric plan will be submitted for review and approval by Caltrans and Flood Control on the major geometric concept. B. A bridge/type selection study and loading summary will be prepared to establish the most appropriate bridge widening alternative within the parameters of economy, practicality, and aesthetics. A conceptual plan and section will be prepared showing the recommended bridge widening. The plan and section will be included in the Design Criteria Report for submittal to Caltrans, Office of Structures Design, and Flood Control. C. An initial traffic analysis will be made to establish A.M. and P.M. peak hour traffic volumes and turning movements. The purpose of the analysis wi 11 be to assess the need for doubl e 1 eft-turn 1 anes and storage requirements. The analysis will also serve to establish a foundation for the ultimate intersection and signal design. I \. EXHIBIT 1 SCOPE OF SERVICES (Cont.) D. Area hydrology will be reviewed to establish drainage flows tributary to various collection. points along the existing roadway. The drainage analysis will provide a basis for designing necessary drainage facilities to intercept and conduct the existing and ultimate drainage flows to an adequate discharge outlet. E. The "Design Criteria Report" will be submitted to Caltrans, Flood Control, and the City for review and comment. Revisions will be made, as necessary, within the intended scope, until the Design Criteria Report is acceptable. TasK 3 - Preliminary Design The data and survey information assembled during the preparation of the Design_ Criteria Report will be utilized to compile the necessary data base required for the design of the Waterman Avenue widening project. - A. Preliminary drawings will be prepared showing plan view and details of the proposed improvements for the total project based on the concepts and criteria approved in the "Design Criteria Report". Typical sections will be prepared showing pavement widths, structural sections, sidewalks and slopes, for both the street and for the bridge widening. Channel water surface profiles will be developed, showing structure interim and final underclearances. Existing utility locations will be plotted and conflicts will be noted as well as requirements for relocation, adjustments and modifications. Hydrology/hydraulic calculations will be developed. A preliminary estimate of quantities will be made and a construction cost estimate will be developed, based on anticipated unit prices. These plans and design documents will be submitted to the City, Caltrans and Flood Control for concurrence along with all pertinent design correspondence including responses from utilities and other affected agencies. B. The preliminary plans will be submitted to all affected utility companies for verification of their facilities. Copies of transmittal letters will be forwarded to the City. C. A traffic control study will be conducted to determine requirements for detours, prior notice signing, barricades and delineators. Temporary realignment plans will be prepared for Waterman Avenue. The traffic control study will be submitted for City and Caltrans review and comment. I : . . EXHIBIT 1 SCOPE OF SERVICES (Cont.) D. Traffic signing, striping and stage construction plans will be prepared. The stage construction plan will show how existing traffic will be handled on Waterman Avenue during falsework erection and during street construction to minimize impacts. Task 4 - Final Design Final design and contract plan preparation will be undertaken upon approval of the concept and geometric studies, the conceptual bridge plan; and traffic plans undertaken in the preliminary design phase. Contract plans and specifications will be prepared in accordance with the Caltrans Highway Design Manual and Standard Specifications. City standards and Flood Control standards and requirements will be incorporated, as appropriate. A. The final roadway design and pavement rehabil itation includes widening of Waterman Avenue to three (3) traveled lanes in each direction, median- island modifications and roadway pavement rehabilitation or reconstruction. The roadway design will include the horizontal and- vertical control, street geometric design, drainage facilities and related roadway facilities including adjustment to valve boxes and manholes. The design effort will include the following: 1. Finalize the geometric design. 2. Establish necessary drainage facilities. 3. Complete preparation of the contract Plans. 4. Develop and finalize the street cross-sections. B. F i na 1 des i gns wi 11 be developed for t ra ffi c cont ro 1 in accordance wi th the Caltrans Traffic Manual. Design effort will include the following work elements: 1. Traffic handling plans to provide for traffic flow on Waterman Avenue during construction. 2. Final signing and striping plans for Waterman Avenue. Existing signs, to be relocated or removed, will be identified. 3. Traffic signal plans will be prepared for the relocation or replacement of signal standards, lights and arms, detection and interconnection equipment. Contract Plans will provide for new controllers, if necessary. . ~ EXHIBIT 1 SCOPE OF SERVICES (Cont.) C. Final design will be developed for the bridge widening and channel lining replacement, if required, and will conform to Ca1trans and Flood Control des i gn requi rements. The fi na 1 des i gn wi 11 incorporate agency review comments from the pre1 iminary design phase. Structural calculations will be prepared. An analysis will be made to match deflections between the existing and proposed structure. D. Notices and copies of final plans will be submitted to affected ut i 1 it i es to i dent i fy the magn i tude of requ ired re 1 ocat ions and to schedule further coordination requirements. E. Const ruct ion drawi ngs based on the fi na 1 des i gn efforts wi 11 resu1 tin the following summary of plan sheets. The precise number, titles, and content of sheets may vary slightly due to unforeseen conditions identified in the design process. Title sheet Standard Plans List Typical Cross-Sections Plan & Profile Sheets Contour Grading Plan Miscellaneous Details Stage Construction Plans Pavement Delineation & Signing Plans Signal Plans Structure Plans 3 1 1 1 6 1 1 3 4 a ESTIMATED SHEET TOTAL 29 F. A listing and copy of all standard plans required for the project will be i dent i fi ed. Standard P1 ans furn i shed from sources other than Ca1trans, if required, will be included in an appendix to the specifications. G. Specifications for the project improvements, including the contract proposal, will be prepared in accordance with Ca1trans standard procedures using the Ca1trans Standard Special Provisions (SSP). H. A final estimate of quantities and cost estimate will be prepared based on contract plan quantities and estimated unit prices. The cost estimate for the improvements will be prepared in accordance with Caltrans standard procedures. I. A P.S. and E. transmittal will be prepared in conformance with the requirements outlined in the Project Development Procedures Manual. . : EXHIBIT 1 SCOPE OF SERVICES (Cont.) J. The fi na 1 Pl ans, four (4) copi es of the fi na 1 Spec i fi cat ions document, and Cost Estimate, will be submitted to the City, Flood Control, and Caltrans. K. Revisions will be made to the Plans, Specifications and Cost Estimate, wi th in the approved concept, unt i 1 fi na 1 approval is obta i ned from the City, Flood Control, and Caltrans. L. Notices and approved project plans will be submitted to affected utility agencies prior to project bidding. The notice will request immediate relocation or relocation/coordination compatibility with the construction schedule, as necessary. M. Contact will be maintained with Caltrans and Flood Control, as necessary, to assist the City in expediting the review and approval process for the construction bidding. N. Final Plans, Specifications and related documents will be submitted to the City for advertising. Final document submittal will include th~- items listed below: 1. All geometric and structural calculations. 2. A final itemized construction cost estimate and all back-up and supporting materials. 3. Work copies of all profiles and cross-sections. 4. Hydrology/hydraulic design calculations. 5. All design correspondence and correspondence with utilities and other affected agencies. Task 5 - Easement Acquisition A. Property Ownerships will be shown on the plan and profile sheets based on information available from the City and County of San Bernardino records. Properties affected by the construction will be determined and included as necessary. B. Lega 1 descri pt ions and property sketches, for slope, dra i nage, ut i 1 i ty and for construct i on easement areas, if requi red for the project, wi 11 be prepared for execution by the City. C. Engineering consultation will be provided to the City during the easement acquisition process, as necessary. f : , .' ~ EXHIBIT 1 SCOPE OF SERVICES (Cont.) TaSK 6 - Coordination and Permits 1. CITY STAFF MEETINGS. Bi-weekly meetings will be held to review project status, task completion, concerns and upcoming deadlines. Special topic meetings will be held, as necessary, to review and discuss special issues on an as needed basis. 2. CALTRANS. Contact will be made with staff at key milestones to determine design and plan requirements. Preliminary and final plans and specifications will be submitted for comment and approval. 3. FLOOD CONTROL. Contact will be made with staff to determine design and pl an requi rements rel ated to the Town Creek Channel and 1 i ni ng modifications, storm drain access and for the bridge widening. 4. UTILITY NOTIFICATIONS. Utilities will be informed of the project and- potential conflicts and impacts on their facilities. Four utility notices will serve to advise them of the project, identify conflicts, handle coordination requirements and to keep them informed of project schedules and facility requirements. Prior to project bidding, notices and approved project plans will be transmitted to all affected agencies requesting immediate relocation, installation or coordination compatibility with the proposed construction schedule. 5. TOWN CREEK PERMIT. A storm drain access and channel modification permit wi 11 be prepared for submi s s i on to Flood Cont ro 1 . The permi tis required for the bridge widening and for storm drain connection requirements. 6. ENVIRONMENTAL NEGATIVE DECLARATION. The environmental review will serve to identify potential environmental liabilities and to recommend measures for mitigating adverse impacts. A request for a FONSI will be prepared and sent to the City for further processing. 7 . DES I GN DEVELOPMENT MEET I NG. A meet i ng wi 11 be held for all i nteres ted parties to provide input to the project prior to the preparation of the preliminary plans. The meeting will be focused on specifics related to design and access issues. 8. PROJECT STATUS MEETING. An informal meeting will be held to provide property owners and interested parties with the opportunity to review the project plans. The meeting will be held on a mutually acceptable date near the time of completion of the final design when the proposed improvements are well defined. . . EXHIBIT 1 SCOPE OF SERVICES (Cont.) The Scope of Services listed above is based on the following assumptions: 1. The City will provide reproducible copies of all available mapping, reports, studies, aerial photos, plans and other documents in its files which may assist in the preparation of the various reports and plans. 2. At tendance at a bri dge - type se 1 ect i on rev i ew meet i ng, in Sacramento, will not be required. 3. New or additional right-of-way and property acquisitions will not be required. 4. Flood Control will process the permit for Corps of Engineers approval. 5. Environmental findings and conclusions will be suitable for inclusion as a part of a request for a finding of no significant impacts. (FONSI). 6. The preparation and processing of environmental assessments and documentation will be handled by the City. 7. All work will be completed prior to January 31, 1990. EXHIBIT 2 SCHEDULE OF COMPLETION DATES Tas~ 1 - Data Assembly will be completed within 60 calendar days after Notice to Proceed. Tas~ 2 - Design Criteria Report will be completed within 21 calendar days after completion of the Task 1 - Data Assembly submittals. Tas~ 3 - Preliminary Designs will be completed within 66 calendar days after submittal of the Design Criteria Report. Tas~ 4 - Final Design will be completed within 92 calendar days after submittal of the Task 3 Preliminary Design Reports. Tas~ 5 - Easement Acquisition will be carried out coincidentally, on an as needed basis, with the other items of work. _ Tas~ 6 - Coordination and Permits will be carried out coincidentally with the other items of work. Based on timely reviews by all parties a tentative schedule will be as follows: Notice to Proceed and Audit ---------- March 21, 1989 Task 1 completion -------------------- May 20, 1989. Task 2 completion -------------------- June 10, 1989. Agency Review completion ------------ June 21, 1989 Task 3 completion -------------------- August 29, 1989. Agency Review completion ------------ September 12, 1989. Task 4 completion -------------------- December 13, 1989. Agency Review completion ------------ January 13, 1990. . . EXHIBIT 3 ENGINEERING SERVICE FEES Task 1 - Data Assembly Task 2 - Design Criteria Report Task 3 - Preliminary Design Task 4 - Final Design Task 5 - Easement Acquisition Task 6 - Coordination and Permits GRAND TOTAL: $ 19,412.00 $ 4,263.00 $ 11,789.00 $ 65,663.00 $ 3,072.00 $ 7,029.00 $111,228.00 , . EXHIBIT 4 WATERMAN AVENUE STREET WIDENING Task 1 - Data Assembly DIRECT LABOR COST PRICE PROPOSAL HOURS RATE Principal Managing Engineer Project Engineer Transportation Engineer Registered Engineer Designer Draftsperson Junior Engineer Wordprocessor Survey, 3-man crew o 6 2 2 o 6 o 12 3 32 $ 47.00 32.00 27.00 23.00 20.00 17.00 14.50 11.00 12.00 55.70 TOTAL DIRECT LABOR: INDIRECT COSTS (Overhead) Overhead Rate: 148.53% DIRECT COSTS (Except Labor) A. Automobile Travel B. Reproduction Expenses C. Communications D. Computer Expense E. Outside Consultants: 1. Converse Consultants 2. Inland Aerial Surveys 3. Traffic Counts, Inc. F. Other (Insurance, Surcharge, Finance charges, and Processing) TOTAL DIRECT COSTS: FEE (profit) TOTAL COST TASK 1: $ 15.00 $ 20.00 $ 20.00 $ - 0 - $ 6,500.00 $ 3,500.00 $ 1,000.00 $ 1,656.48 TOTAL $ -0- 192.00 54.00 46.00 -0- 102.00 -0- 132.00 36.00 1,782.40 $2,344.40 $3,482.14 $12,711.48 $ 873.98 $19,412.00 1 . EXHIBIT 4 WATERMAN AVENUE STREET WIDENING Task 2 - DesiQn Criteria ReDort DIRECT LABOR COST PRICE PROPOSAL HOURS RATE TOTAL 1 $ 47.00 $ 47.00 12 32.00 348.00 24 27.00 648.00 2 20.00 -0- 16 17.00 272.00 4 14.50 58.00 4 12.00 48.00 --------- TOTAL DIRECT LABOR: $ 1,457.00 Principal Managing Engineer Project Engineer Registered Engineer Designer Draftsperson Wordprocessor INDIRECT COSTS (Overhead) Overhead Rate: 148.53% $ 2,164.08 DIRECT COSTS (Except Labor) A. Automobile Travel B. Reproduction Expenses C. Communications D. Computer Expense F. Other (Insurance, Surcharge, Finance charges, and Processing) $ 15.00 $ 50.00 $ 10.00 $ 10.00 $ 13.76 TOTAL DIRECT COSTS: FEE (profit) TOTAL COST TASK 2 $ $ 98.00 543.16 $ 4,263.00 DIRECT LABOR Principal Managing Engineer Project Engineer Transportation Engineer Registered Engineer Designer Draftsperson Wordprocessor INDIRECT COSTS (Overhead) Overhead Rate: 148.53% EXHIBIT 4 WATERMAN AVENUE STREET WIDENING TasK 3 - Preliminary DesiQn DETAILED COST HOURS RATE TOTAL 1 $ 47.00 $ 47.00 22 32.00 704.00 32 27.00 864.00 16 23.00 368.00 0 20.00 -0- 72 17.00 1,224.00 52 14.50 754.00 5 12.00 60.00 --------- TOTAL DIRECT LABOR: $4,021.00 $5,972.39 DIRECT COSTS (Except Labor) A. Automobile Travel B. Reproduction Expenses C. Communications D. Computer Expense F. Other (Insurance, Surcharge, Finance charges, and Processing) $ 30.00 $100.00 $ 30.00 $100.00 $ 36.60 TOTAL DIRECT COSTS: FEE (profit) TOTAL COST TASK 3: $ 296.60 $ 1,499.01 $11,789.00 . . . DIRECT lABOR Principal Managing Engineer Project Engineer Transportation-Engineer Registered Engineer Designer Draftsperson Word Processor Junior Engineer INDIRECT COSTS (Overhead) Overhead Rate: 148.53% DIRECT COSTS (Except labor) EXHIBIT 4 WATERMAN AVENUE STREET WIDENING Task 4 - Final DesiQn DETAILED COST HOURS RATE TOTAL 24 $ 47.00 $1,128.00 176 32.00 5,632.00 80 27.00 2,160.00 40 23.00 920.00 8 20.00 160.00 180 17.00 3,060.00 600 14.50 8,700.00 32 12.00 384.00 40 11.00 440.00 ---------- TOTAL DIRECT lABOR: $22,584.00 $33,544.02 A. Automobile Travel B. Reproduction Expenses C. Communications D. Computer Expense F. Other (Insurance, Surcharge, Finance charges, and Processing) $ 60.00 $775.00 $ 60.00 $ 75.00 $145.78 TOTAL DIRECT COSTS: FEE (profit) TOTAL COST TASK 4: $ 1,115.78 $ 8,419.20 $65,633.00 . .' EXHIBIT 4 WATERMAN AVENUE STREET WIDENING TaSK 5 - Easement Acauisition DETAILED COST DIRECT LABOR HOURS RATE TOTAL -0- $ 47.00 $ -0- 13 32.00 416.00 -0- 27.00 -0- 2 20.00 40.00 22 17.00 374.00 8 14.50 116.00 8 12.00 96.00 --------- TOTAL DIRECT LABOR: $1.042.00 Principal Managing Engineer Project Engineer Registered Engineer Designer Draftsperson Word Processor INDIRECT COSTS (Overhead) Overhead Rate: 148.53% $1,547.68 DIRECT COSTS (Except Labor) A. Automobile Travel B. Reproduction Expenses C. Communications D. Computer Expense F. Other (Insurance, Surcharge, Finance charges, and Processing) $ 10.00 $ 15.00 $ 10.00 $ 50.00 $ 8.87 TOTAL DIRECT COSTS: FEE (profit) TOTAL COST TASK 5: $ 93.87 $ 388.45 $ 3,072.00 EXHIBIT 4 WATERMAN AVENUE STREET WIDENING TaSK 6 - Coordination and Permits DETAILED COST DIRECT lABOR HOURS RATE TOTAL Principal 3 $ 47.00 $ 141.00 Managing Engineer 48 32.00 1,536.00 Project Engineer 8 27.00 216.00 Transportation Engineer 8 23.00 184.00 Designer 8 17.00 136.00 Draftsperson 6 14.50 87.00 Word Processor 7 12.00 84.00 --------- TOTAL DIRECT lABOR: $2,384.00 INDIRECT COSTS (Overhead) Overhead Rate: 148.53% $3,540.96 DIRECT COSTS (Except labor) A. Automobile Travel B. Reproduction Expenses C. Communications D. Computer Expense F. Other (Insurance, Surcharge, Finance charges, and Processing) $ 40.00 $120.00 $ 25.00 $ -0- $ 30.30 TOTAL DIRECT COSTS: FEE (profit) TOTAL COST TASK 6: $ 215.30 $ 888.74 $ 7,029.00 . . .. EXHIBIT 5 HOURLY RATE SCHEDULE Principal $47.00 Managing Engineer 32.00 Project Engineer 27.00 Transportation Engineer 23.00 Registered Engineer 20.00 Engineer Level II 18.00 Engineer Level I 17.50 Senior Designer 19.00 Designer 17.00 - CAD Operator 18.00 Designer/Draftsperson 16.75 Draftsperson 14.50 Junior Engineer 11.00 Word processor 12.00 Technician 8.00 * Survey Chainman 16.00 * Survey Party Chief 23.70 * RATES ARE EFFECTIVE TO AUGUST 1, 1989. . . ". EXHIBIT 6 BREAKDOWN OF INDIRECT COSTS (Overhead) Payroll Taxes Vacation, Holidays and SicK Leave Employee Insurance ESOP & T Professional Services Telephone & Telegraph, not-assignable Occupancy Printing, Stationary, and Supplies Business Insurance Meetings, Conferences Personnel Training Travel, not-assignable Library Proposal Cost Business Taxes Depreciation Expenses Administration and Time, not-assignable 14.0% 19.0% 8.0% 10.0% 3.6% 5.6% 16.1% 11.1% 6.2% 2.0% 2.4% 0.2% 3.5% 0.6% 0.03% 1.5% 5.5% 39.2% ------ TOTAL: 148.53% . . ... EXHIBIT 7 1989 HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE Senior Principal ........... Principal in Charge of Project Managing Engineer/Project Manager . . . . . . . Project Engineer/Project Coordinator. . . . . . Traffic Engineer. . . . .. .... . . . . Transportat i on- Engi neer .. ........ Survey Coordinator . . . . . . . . . . . . . . Senior Registered Engineer. . . . . . . . . . . Registered Engineer ....... . . . . Engineer Level II . . . . . . . . . . Engineer Level I. . .. .......... Senior Designer . . . Des i gner . . . . . . . . . . . . . . . . Designer/Draftsperson . . . . . . Construction Inspector . . . . . . . . Draftsperson . . . . . . . . . . CAD Operator . . . . . . . . . . . . . . Junior Engineer/Designer/Draftsperson . . . . . . . . Wordprocessor . . . . . . . .. ......... Technician . . . . . . . . . . . . . . . . . . Two-Man Survey Party . . . . . . .. ...... Survey Travel Time . . . . . . . .. ...... Survey Vehicle Allowance (per day) . . . . . . Three-Man Survey Party Rates Quoted on Request $125.00 $100.00 $ 90.00 $ 80.00 $ 75.00 $ 75.00 $ 65.00 $ 72.00 $ 66.00 $ 60.00 $ 55.00 $ 64.00 $ 52.00 $ 50.00 $ 48.00 $ 48.00 $ 65.00 $ 36.00 $ 35.00 $ 25.00 $125.00 $ 60.00 $ 30.00 Reproduction, special photography, printing and any other services performed by subcontractor, subject to prior approval by the Client, will be billed at cost plus 15%. Reimbursable In-house Costs: Photo Copies . . . . . . . . Blueprints. . . . . . . . . Postage, Delivery Service, Express Out of Area Telephone Calls Computer Time . . . . . . . . . . Ma i 1 $0.20/Each $0.30/sq.ft. At Cost At Cost $20.00/hour Vehicle mileage, between engineer's office and project site and/or Client offices, will be billed at $0.30 per mile. Court Appearance, Expert Witness Testimony, Depositions, and Preparation of Testimony. $150.00* *Minimum $600.00 for half day plus expenses NOTE: All rates are effective through January 1, 1990, except survey rates which are effective to August 1, 1989. CERTIFICATION OF LOCAL AGENCY I HEREBY CERTIFY that I am the and duly authorized representative of the Local Agency of 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 for; 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. J- 7-e-l (Date) rAiC/#c "'- CERTIFICATION OF CONSUlTA e. .e.t'). I HEREBY CERTIFY that I am the V' t and duly authori zed representative of the firm of ASL Consulting Engineers, 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, 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. c, /.8~ u,~ / (Dat() ~~- ~~~ (5ig atu . . TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The prime Consultant and sub-Consultant under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any. matter involving fraud or official misconduct within the past 3 years. - If there are any exceptions to this certification, insert the exception~ in the following space. Exceptions will not necessarily result in denial of award, but will be considered in determining Consultant responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall constitute signature of this Certification. , . TITLE 49, CODE OF FEDERAL REGULATIONS, PART 29 DEBARMENT AND SUSPENSION CERTIFICATION The prime Consultant and sub-Consultant under penalty of perjury, certifies that, except as noted below, he/she or any person associated therewith in the capacity of owner, partner, director, officer, manager: is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded or determined ineligible by any federal agency within the past 3 years; does not have proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past 3 years. If there are any exceptions to this certification, insert the exceptions in the following space. Except ions wi 11 not necessari 1 y resul tin den i a 1 of award, but wi 11 be considered in determining Consultant responsibility. For any exception noted above, indicate below to whom it applies, initiating agency, and dates of action. Note: Providing false information may result in criminal prosecution or administrative sanctions. The above certification is part of the Proposal. Signing this Proposal on the signature portion thereof shall constitute signature of this Certification. " .'~:;~lllf." .,.