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HomeMy WebLinkAbout1982-0031 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 RESOLUTION NO. 82-3 A RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH DE LEUW, GATHER AND COMPANY FOR THE PREPARATION OF A FEASIBILITY STUDY FOR GRADE CROSSING NO. 2B-0.7 ON RIALTO AVENUE, WEST OF MT. VERNON AVENUE. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO, AS FOLLOWS: SECTION 1. That Authorization is hereby granted for the execution of, on behalf of said City, an Agreement with De Leuw, Cather and Company, relating to the preparation of a Feasibility Study for: separating Grade Crossing No. 2B-0.7 on Rialto Avenue, west of Mt. Vernon Avenue, a copy of which is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a regular meeting thereof held on the 4tnday of January , 1982, by the following vote, to wit: AYES: Council Members Castaneda, Reilly, I3ernandez, Botts Hobbs Strickler NAYS: None ABSENT: None 9AW City er The foregoing resolution is hereby approved this % of January , 1982. Approved as to form: 0 Dom 'r: k , AGREEMENT FOR ENGINEERING SERVICES RIALTO AVENUE GRADE SEPARATION AT AT&SF RAILWAY "SHORT LINE" THIS AGREEMENT is made and entered into this ` day o , 198E by and between the CITY OF SAN BERNARDINO, a municipal corporation, hereinafter referred to as "City," and DE LEUW, CATHER & COMPANY, an Illinois Corporation having a place of business at 120 Howard Street, San Francisco, California 94105, and duly qualified to do business within the State of California, hereinafter referred to as "Engineer." W I T N E S S E T H: WHEREAS, City has need for professional engineering services in connection with the preliminary investigation and planning for a proposed railroad - vehicular grade separation between the tracks of the Atchison, Topeka E Santa Fe Railway Company "Short Line" (Railroad) and Rialto Avenue, hereinafter referred to as the "Project," and WHEREAS, Engineer intends to subcontract with NESTE, BRUDIN $ STONE, INCORPORATED, Consulting Engineers, with an office in San Bernardino, to provide field surveys, information on local utilities, traffic, street Improvements, drainage requirements, provide local liaison and similar tasks, and WHEREAS, Engineer and Neste, Brudin S Stone Incorporated as Subconsultant are qualified, willing and able to undertake and provide such services; and has employees duly registered by the California State Board of Registration for Civil and Professional Engineers to perform and supervise the work, and NOW, THEREFORE, it is mutually agreed as follows: 1. Scope of Services. Engineer shall provide the following detailed professional engineering services: i. Perform necessary preliminary reconnaissance field surveys, and compile existing drawings, maps, etc. of various agencies as required to locate existing facilities (both above ground and below ground) within the area of the proposed improvement. 2. Prepare preliminary geometric studies for separating the grades between the tracks of the Railroad and Rialto Avenue for review and approval by City. The studies shall include roadway alignment and profile for a) an underpass and b) an overpass; alternative geometric layouts of ramps and service roads to maintain access to adjacent residential neighborhoods and abutting commercial properties, and to provide for local traffic circulation. 3. Confer with Railroad with respect to location of piers, footings and embankments on railroad property and/or adjacent to existing or proposed future railroad tracks, vertical and horizontal clearances affecting railroad operations, and acceptability of alternative tem- porary track arrangements. 4. Evaluate the technical feasibility and acceptability to the railroad of either raising or lowering the track through the project area to facilitate separation. 5. For the underpass alternative, explore technical feasibility and comparative economic advantages of (a) a permanent westerly shift in rail alignment, (b) a localized temporary shoofly, or (c) temporarily taking the track out of service, with trains to be rerouted via the "B" yard. 6. Evaluate requirements for pedestrian sidewalks and location of pedestrian stairways. 7. Develop preliminary plans indicating possible conflicts with underground utilities, both public and privately owned, so that effects on underground utility agencies may be determined. 8. If right-of-way cost data is not provided by City, retain a real estate specialist to provide informed estimates of the probable value of individual parcels which might need to be acquired for right- of-way. The preparation of formal appraisals or title reports is not contemplated at this stage.. -3- 9. Retain an engineering geologist or specialist to review foundation records of other bridge structures within the project vicinity, to determine whether spread footings or pile foundations are likely to be required for foundation support, and to review other subsurface conditions. It is understood that a formal program of soils borings would be undertaken at a later date when and if final design is authorized. 10. Prepare and submit two alternative plans, one for an underpass and the other for an overpass, depicting alignment, pier placement, profile grade, fill slopes, geometric layout, lengths and arrangements of spans, structural type, and revisions to the local traffic circulation pattern, for review by City. Present recommendations as to the most feasible and economic underpass and overpass layouts for the conditions at the site of Project. i1. Prepare and submit preliminary cost estimates. The estimates shall be tabulated to show approximate quantities together with unit prices and extensions, so that City may conveniently update the estimate at some future date with revised unit prices. 12. if directed by City, prepare benefit -cost analysis of the Project. 13. If directed by City, prepare an environmental impact report in accordance with applicable requirements of affected agencies, and make up to two appearances at public hearings. -4- 14. Assist City in support of a nomination to the Public Utilities Commission for a position on the annual priority list for fiscal year 1982-83. If requested by City, appear as expert witness on its behalf. 15. Assign a project manager, satisfactory to the City, who shall direct the work of the Engineer under this Agreement and shall report to the City as the authorized representative of the Engineer in all matters pertaining to the services to be performed by the Engineer under this Agreement. 16. Present monthly progress reports to the City, and participate in presentations before City Council or other public bodies, if requested. 17. Maintain liaison as required with City, San Bernardino County Flood Control District, Railroad, California Public Utilities Commission, and other cognizant utilities or public agencies. 18. Prepare such drawings or supporting data as may be required by ti,e California Public Utilities Commission in connection with an Application to be filed by City requesting permission to construct the Project. If requested by the City, appear at any hearings before the Public Utilities Commission. 19. Assist in negotiations with Railroad in connection with the Railroad Agreement. -5- 11. Review and Time of Completion Engineer shall develop the preliminary geometric layouts of the underpass and overpass alternatives described in Article I, para. 2 to a stage such that the physical relationship of the alternatives to the local street network, the points where the vertical curves leave and rejoin existing pavements (break of grade to break of grade), frontage or service road arrangements, local traffic circulations and toe of slope or top of cut lines, are graphically depicted. A period of up to four calendar weeks shall then be allowed for review by City and for discussions with local businesses and residents. Following receipt of comments from City, Engineer shall resume the tasks set forth in the Scope of Work. Preliminary plans and documents prepared in accordance with paragraphs 1 through 11 of Article I of this Agreement shall be submitted to City and other cognizant public agencies for review within ninety (90) calendar days after the execution date of this Agreement or date of written notice to proceed, whichever date is later. In the event a benefit -cost study (para. 12) and/or Environmental Impact Study (para. 13), are requested by City, additional times of three weeks and five weeks, respectively, shall be allowed for completion of these tasks prior to public hearings or review. -6- III. Compensation. For the services to be rendered by Engineer (including subconsultant Neste, Brudin and Stone) under Article I of this Agreement, City agrees ' to reimburse Engineer in accordance with the following provisions: 1. Engineer shall be reimbursed for his direct salary cost paid employees for the time directly attributable and properly chargeable to the Project, plus 180 percent of Direct salary cost to cover overhead costs and fee. 2. Engineer shall be reimbursed for his direct non -salary costs which are directly attributable and properly allocable to the Project. Direct non -salary costs include (1) the Engineer's payment to others engaged by him on work necessary to fulfill the terms of this Agreement, including printing or reproduction of plans or other documents, aerial photos, photogrammetric engineering and long distance telephone calls, such costs being substantiated to City by copies of invoices, (2) travel expenses of Engineer necessary to fulfill the terms o` this Agreement, including meals, lodging and other costs of travel, the actual cost of transportation for regular employees while away from their regular place of duty and directly engaged on this Project (reim- bursement to the Engineer for use of company-owned or employee -owned automobiles shall be limited to twenty-eight cents ($.28 per mile). The Engineer will not be required to submit receipts for reimbursement -7- of travel expenses, but will be required to submit a detailed listing of such actual expenses certified by him to be direct Project costs that are not included in overhead, (3) charges for use of Engineer's electronic computer, the billable hours for the computer being the actual operating hours as taken from the clock on the computer. The total amount eligible to be earned under this Section for tasks 1 through 11, and 14, 15, 16, and 17 of Article I shall in no case exceed the amount of $28,000. 3. Soils and foundation analysis and right-of-way estimates (para. 8 and 9, Article 1) performed by Subcontractors shall be reimbursed at the invoice cost of services and expenses charged to Engineer, but in no case shall exceed the amount of $1,000 and $2,000, respectively, which amounts are included within the aforementioned $28,000. 4. In the event City directs Engineer to prepare a benefit -cost analysis (Article I, para. 12) or an environmental impact assessment, the additional amounts eligible to be earned shall be $2,000 and $8,000 respectively. 5. Changes. in the event of a substantial change in the scope, complexity or character of the work to be performed under this Agreement, or if extra work is performed, the aforementioned fees specified in paragraphs 2, 3 and 4, and the maximum amount specified herein shall be adjusted in accordance with the provisions of Article IV. -8- 6. Invoices as the work progresses will be submitted at four-week intervals, and payment shall be made promptly thereafter. IV. Changes in Work 1. Major Changes. In the event City requires a major change in the scope, complexity or character of the work, adjustments in compensation to the Engineer and in the time for performance of the work, as modified, shall be determined through negotiation between the parties hereto. No additional fee shall be paid by the City for additional consulting services not included in this Agreement without the written approval of the City prior to undertaking such work. 2. Minor Changes. Extra Work - In the event the City requires minor changes in the scope, complexity or character of the work, not including the correction of errors made by the Engineer, after preliminary plans or final contract plans have progressed as directed by the City, these minor changes shall be considered as extra work. Payment for extra work shall be made in accordance with the provisions or Article III, paragraphs 1 and 2. Extra work shall not include.minor changes amounting to less than $250.00 per change. V. Relations and Duties of Parties. 1. The Engineer is an independent contractor operating hereunder and is not, and shall not, be considered to be an officer, an employee, or an agent of City. -9- 2. Engineer shall function as technical representative of City, and all of his activities under this Agreement shall be carried on under the general supervision of the City Engineer. All official communications and directives from the City to the Engineer shall be made only through the City Engineer. 3. Such records, correspondence and files of Engineer concerned with and pertaining to the Project, shall be available for review by the City Engineer or his authorized representative. 4. The Engineer and his subcontractors shall maintain all books, documents, papers, employees'. time sheets, accounting records, and other evidence pertaining to cost incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the City or any authorized representatives of the State of California, and copies thereof shall be furnished if requested. 5. Engineer shall comply with all Federal, State and local laws, statutes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of the Agreement, including without limitation, workmen's compensation laws and licensing laws and regulations. 10 6. City shall be responsible for the following: a. Provide data on right-of-way costs for preliminary estimates, except that if such data is not provided, the provisions of Article I, para. 8, calling for Engineer to retain a right-of-way specialist, shall prevail. b. Furnish detailed engineering plans for any existing municipally -owned utilities, such as water mains, sanitary sewers, or storm drains, that may require relocation to accommodate construction of Project. C. Deliver to the Engineer for his use any preliminary studies, including site data, and utility location data. 7. City may terminate this Agreement prior to completion by Engineer of the services required hereunder. Notice of termination of this Agreement shall be given in writing to Engineer and shall be sufficient and complete when same is deposited in the United States mail, postage prepaid and certified, addressed as noted in the Preamble of this Agreement. This Agreement shall be terminated within two days following receipt of the notice of termination by Engineer, to allow the orderly filing of engineering data. In the event this Agreement is terminated by City, Engineer shall be paid the value of services performed by him, pursuant to this Agreement, prior to the date of termination. 8. This Agreement shall be binding on the successors and assigns of the parties hereto. Neither party to this Agreement shall assign it without first obtaining the written consent of the other party. This writing constitutes the entire Agreement between the parties relative to the engineering services to be performed hereto, and no modification hereof shall be effective unless and until such modification is evidenced by a writing signed by all parties to thi.s Agreement. IN WITNESS WHEREOF the parties hereto have executed this Agreement on the date first hereinabove written. ATTEST City Clerk Approved as to form: c City Attorney -13- CITY OF SAN BERNARDINO DE LEUW, CATHER S COMPANY dfBy Z