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Home My WebLink About1987-310 1 RESOLUTION NO. 87-310 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH JOSEPH E. BONADIMAN AND ASSOCIATES 3 RELATING TO THE DESIGN OF DIP CROSSING AT 48TH STREET AT DEVILIS CREEK DIVERSION CHANNEL. 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 execute, on behalf of said 8 City, an agreement with Joseph E. Bonadiman & Associates, Inc. 9 relating to the design of dip crossing at 48th Street at Devil IS 10 Creek Diversion Channel, which agreement is attached hereto, 11 marked Exhibit "A" and incorporated herein by reference as fully 12 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 15 be 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 19 duly adopted by the Mayor and Common Council of the City of San 20 Bernardino at a regular meet i ng thereof, hel d on the 8th , 1987, by the following vote, to-wit: 21 day of 22 23 24 25 26 27 28 8/07/87 September AYES: Council ~.1embers Estrada, Reilly, Flores, Maudsley, Minor, Pope-Ludlam, Miller NAY S : None ABSENT: ~/~~~~ .' City Clerk I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The foregoing resolution is hereby approved this I/(_:L day of ,~iP-- , 1987. / (J ,- f>? /J )1\. / (t?~~ (/ r/~ ~1 a.y 0 rot h e C i t Y 0 f S arf B ern a r din 0 Approved as to form and 1 egal content: 8/07/87 - 2 - .. \:, EXHIBIT IIAII AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this ~>>q1day of ~I /<l:i{ , by and between the CITY OF SAN BERNARDINO, a m u n'/i c i pal cor p 0 rat ion, her e i n aft e r c all e d II C i t Y , II and J 0 S E P HE. BONADIMAN & ASSOCIATES, a California corporation, hereinafter called IIEngineer.1I WITNESSETH WHEREAS, City desires to have designed a street improvement consisting of a dip crossing of 48th Street at Devil's Creek Channel providing for low flow in 4811 RCP and major flow by combination of pipes and flow over the roadway surfaces; and WHEREAS, in order to develop such a plan, 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 a plan; 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 IIScope of Services,1I a copy of which is attached hereto as Exhibit IIBII and incorporated herein by reference and made a part hereof as though it were fully set forth herein. Performance of the work specified in said Proposal is made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon the mutual written agreement of the parties hereto. 2. COMPENSATION Compensation to Engineer for the total services to be rendered pursuant to this Agreement shall be eight thousand one hundred dollars ($8,100.00), divided between tasks as follows: Task 1 $ 1,260 Task 2 480 Task 3 960 Task 4 3,000 Task 5 600 Task 6 600 Task 7 1,200 These amounts shall be paid in monthly installments as work progresses and shall be totally due and payable upon completion of all the items of work specified in Exhibit "B." 3. EXTRA SERVICES No extra services shall be rendered by Engineer under this Agreement unless such extra services shall be authorized, in writing, by City. Authorized extra services shall be invoiced - 2 - .' based on Engineer's IISchedule of Hourly Ratesll dated March 1, 1986, a copy of which is attached hereto as Exhibit IICII and incorporated herein by reference and made a part hereof as though it were fully set forth herein. 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. 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. 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 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 in, deny the benefits of or subject to discrimination 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 - 3 - 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 Act of 1964 or Title VIII of April 11, 1968, as amended, shall also apply. 7. TERMINATION OF AGREEMENT City shall have the right to terminate this Agreement upon giving a 10-day written notice of such termination to Engineer. In the event of such termination, the Director of Public Works or his designee, based upon work accomplished by Engineer prior to notice of such termination, shall determine the amount of fees to be paid to Engineer for such services based upon accepted engineering and/or planning practices and such finding by the Director of Public Works or his designee and approved by the San Bernardino City council shall be final as to the amount of such fee. 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 - 4 - performance of the services provided for in this Agreement and shall furnish such services in Engineer's own manner and method and in no respect be considered an agent or employee of City. 9. NON-ASSIGNMENT This Agreement is not assignable either in whole or in part by Engineer without the written consent of City. 10. HOLD HARMLESS Engineer hereby agrees to and shall hold City, its elective and appointive boards, officers, agents and employees harmless from any liability for damage or claims for damage for personal injury including death as well as from claims for property damage which may arise from Engineer's negligent acts, errors or omissions under this Agreement. Engineer agrees to and shall defend City and its elective and appointive boards, officers, agents and employees from any suits or actions at law or in equity for damages caused by reason of any of the aforesaid negligent acts, errors or omissions. 11. NOTICES Official notices relative to the services provided under this Agreement shall be in writing addressed to the following: Engineer City Mr. Roger G. Hardgrave Director of Public Works/ City Engineer 300 North "0" Street San Bernardino, CA 92418 Joseph E. Bonadiman & Associates 606 E. Mill Street San Bernardino, CA 92408 - 5 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first above written by their respective officer duly authorized in that behalf. JOSEPH E. BONADIMAN & ASSOCIATES CITY OF SAN BERNARDINO a municipal corporation ~ '. . . ~/7 , / .' By:ulv;/~J J/~tv;v; M afy 0 r k ..' By: g~ ~-C tY Jer y DeHart ATTEST: ~~~~ .' City C 1 e r k APPROVED AS TO FORM AND LEGAL CONTENT: 7-~ City Attorney - 6 - TASK EXHIBIT B DESCRIPTION 1. Design survey sufficient to complete all design with copies of notes provided to the City. Hydraulic calculations on the size and number of pipes and the total flow that can be passed with correlation to the storm year. Calculations on the amount of flow, depth of flow and flow characteristics for the flow 2. 3. 4. going over the roadway surface in a capital storm (100 year). Sufficient detail to show areas of inundation and possible bank erosion. Project plans on standard City format. Included Design: a) Channel work, headwalls, inlets/outlets, rail and wire revetment b) Roadway work, curb and gutter, catch basins at sag point, connector pipes, sidewalks, modified rail barriers, on the crossing, striping and channelization and detour routes - 1 - AMOUNT $1,260 480 960 3,000 5. 6. 7 . Technical specifications on the construction including engineer's estimate of costs. Specification package (boiler plate supplied by City but revised as necessary by consultant) · Design support for questions and discussions during the bidding phase. - 2 - 600 600 1,200 , - EXHIBITC JOSEPH E. BONADlMAN & ASSOCIATES, INC. SCHEDULE OF FEES EFFECTIVE MARCH 1, 1986 I. OWNER/PRINCIPAL PRINCIPALS ............................$100.00 per hr. CONSULTING............................. 85.00 per hr. CONSULTING {LEGAL)..................... Court Appearance..................... Court Preparation and depositions.... OFFICE MANAGER......................... PROJECT MANAGER........................ 140.00 per hr. 130.00 per hr. 75.00 per hr. 70.00 per hr. II. SENIOR ENGINEER, ARCHITECT OR CONSTRUCTION MANAGER. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 65 .00 per hr. III. ASSOCIATE ENGINEER OR ARCHITECT........... 60.00 per hr. IV. ASSISTANT ENGINEER OR ARCHITECT........... 55.00 per hr. V. JUNIOR ENGINEER OR ARCHITECT.............. 50.00 per hr. ENGINEERING TECHNICIAN II................. 52.00 per hr. ENGINEERING TECHNICIAN I.................. 50.00 per hr. VI I. DRAFTSMAN I I. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 .00 per hr. DRAFTSMAN I............................... 35 .00 per hr. VIII. SECRETARIAL............................... 25.00 per hr. IX. BOOKKEEPING............................... 28.00 per hr. X. FIELD ENGINEERING RESIDENT INSPECTOR................... FIELD SURVEY SUPERVISOR.............. RESIDENT ENGINEER.................... 2-MAN SURVEY CREW (Mileage, Materials & Equipment Included) ................ 3-MAN SURVEY CREW (Mileage, Materials & Equipment Included) ................ 50.00 per hr. 60.00 per hr. 60.00 per hr. 105.00 per hr. 135.00 per hr. - 1 - I.. XI. MISCELLANEOUS SERVICES AND EXPENSES COMPUTER SERVICES.................... 64.00 per hr. SUBSISTENCE.......................... Cost + 20% MATERIAL & OTHER EXPENSES............ Cost + 20% MILEAGE CHARGES...................... .25 per mile PRINTS............................... Prevailing rate TELEPHONE............................ Cost + 20% OUTSIDE CONSULTANT SERVICE........... Cost + 20% - 2 -