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HomeMy WebLinkAbout1985-020 , I Ii H 1 Ii I, i' 2 II 3 I' 4 Ii I 5 I 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ~IO. 85-20 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH CHJ, INC. FOR PROVIDING TESTING SERVICES ON THE TIPPECANOE AVENUE BRIDGE OVER THE SANTA ANA RIVER. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute, on behalf of said City, an Agreement for Testing Services with CHJ, Inc. relating to construction of the new Tippecanoe Avenue Bridge over the Santa Ana River which agreement is attached hereto, marked Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The agreement shall not take effect until 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 or authorized. 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 "1 d day of , 1985, by the following vote, to-wit: .Jan\J.El,rv AYES: Council Members CastanedA R"i 11'[ J.jpr"r>""P? Mar~s Q\!ieJ.. Frazier. ~~ri~kl~r NAYS: None AGSENT: None 4re,;?~~,0 / 1ty er The foregoing resolution is ,1"nn.nrv , 1985. Bernardino 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 I i I Approved as I to form" crr;~#f~ - 2 - .. C.Ii.. -I. AGREEMENT FOR TESTING SERVICES TIPPECANOE AVENUE BRIDGE OVER SANTA ANA RIVER (SAN BERNARDINO FILE NO. 1.0471) 1. PARTIES. This agreement, dated , 19&::s~ is made by and between C. H. J. Incorporated, a ifor a Corporati on ("Consultant") and the City of San Bernardino r its uly authorized representative ("City"). The business address of the "Consultant" is 1355 East Cooley Drive, Colton, California 92324. The business address of the "City" is 300 North "D" Street, San Bernardino, California 92418. 2. SCOPE. This agreement shall be for the "Consultant" to furnish construction engineering testing and inspection services as outlined in this agree- ment to the "City" for construction of the Tippecanoe Avenue Bridge over the Santa Ana River, in accordance with the approved plans and specification for this project (San Bernardino File No. 1.0471). 3. DESCRIPTION OF WORK. The "Consultant" shall furnish to the "City" under this agreement, construction engineering testing and inspection services as requested by the "City". The "Consultant" shall also furnish such written reports to the "City" as required and authorized by the "City" in connection with its work. 4. AVAILABILITY OF PLANS, SPECIFICATIONS AND DATA. All plans, specifications, data, or other correspondence or information necessary for the "Consultant" to perform testi ng and inspection servi ce shall be provided to the "Consultant" at its place of business, at no cost to the "Consultant". 5. CONFERENCES, VISITS TO SITE, INSPECTION OF WORK. The parties to this agreement may request conferences to be held at the jobsite during normal business hours. Following such requests, all other parties shall comply with such requests, and attend such confer- ences. The "Consultant" shall be provided such access to the work EXHIBIT "A" c.~ IJ.~. 5. CONFERENCES, VISITS TO SITE, INSPECTION OF WORK, Cont'd. to be inspected so that inspections may be performed in a safe and workman-like manner with no unusual expenses, or efforts, on behalf of the "Consultant". The "Consultant" shall cooperate with other parties as instructed by the "City", including, but not limited to, the State of California or the FHWA. 6. SERVICES. The "Consultants" shall render services, within their scope of work, on the basis of cost to the "Consultant" plus a net fee amount. The items of cost, as well as the fixed fee and total cost, are shown as an attach- ment. A cost plus a net fee amount is a fair and reasonable method of compensation because the extent and character of the work is not actually determinable at this time. Estimates of the above have been utilized in preparation of the attachment. Such inspections and tests shall be furnished after the "Consultant" has received twenty-four (24) hours notice from this "City" as to the particular service or test to be performed. 7. EXISTING SUBSURFACE INVESTIGATION. The "Consultant" has not prepared or caused to be prepared any subsurface explorations at the site of the proposed construction. Such investigations have been prepared by others. The "Consultant" wi 11 not be responsi bl e for the content of such investigations prepared by others, but will rely upon such investigations in performing testing and inspection services for this project. Any discrepancies noted in the investigation during the course of the consultant's work will be immediately brought to the attenti on of the "City" and the "Consultant" wi 11 work with the "City" to resolve such discrepancies. 8. SUBMITTAL OF REPORTS. Six copies of reports or inspection documents pertaining to this project will be furnished to the "City" upon request. Additional copies will be furnished in accordance with the attached cost breakdown. g. TIME OF CONTRACT. Work on this contract shall commence , 198 , and shall continue for 275 working days. During this period and for three (3) calendar months thereafter, "Consultant" agrees to hold fees for services to those stated within the attached cost breakdown. -2- C....-JJ. 10. PAYMENTS. Payment for services furnished shall be in accordance with the attached cost breakdown. Progress payment shall be based upon the number of units of work performed as of the last working day of each month of the contract, or other date agreed upon by the "Consultant" and the "City". The "Consultant" shall receive payment within thirty (30) days of bill i ng the "Ci ty" at thei r busi ness address. The maximum amount of this contract shall be an aggregate total of $82,351.40. 11. RETENTION OF RECORDS. The "Consultant" shall maintain records of this project, including accounting records, and make such records available for inspection to the representatives of the "Ci ty", State of Cal i forni a, and Federal Highway Administration, at its place of business, during normal working hours for three (3) years after final payment for this project. 12. CHANGES IN WORK. This agreement may be modified by agreement of both parties thereto in the event of a change in scope, character, or complexity of the work to be performed by the "Consultant", or if such change becomes desirable or necessary during the progress of work. The adjustment shall be based upon. mutually accepted conditions. Changes may be both in the method and amount of payment, and the time for performance of the work as contained within this contract. In the event it becomes essential that work be performed immediately, which is not covered within the provisions of this contract, such work will be performed as "extra work" and will be billed in accordance with the current Schedule of Fees in effect for "Consultant". A change to thi s agreement, coveri ng the "extra work" shall be forthcoming as soon as practical, based upon mutual agreements by the parties hereto. The "City" or the "Consultant" shall have the right to terminate this agreement after giving notice of such termination to the respective parties at their place of business by registered mail. In the event of termination by either party, work sha 11 be termi nated by the "Consultant", and payment for all work completed to that point shall be made to the "Consultant" within thirty (30) days after submittal of the final billing. 13. DISPUTES. Any dispute arlslng out of the course of performance of this contract which cannot be settled otherwise, shall be arbitrated according to guidelines of the American Arbitration Association. -3- c.. ..-IJ. 14. RESPONSIBILITY AND LIABILITY. The "Consultant" shall hold hannless the "City", or other agencies of government involved with this contract, from all liability due to its negligency or negligent acts of its employees or agents. 15. COMPLIANCE WITH LAWS. The "Consultant" shall comply with all federal, state, and local laws and ordinances applicable to the work involved. 16. NONDISCRIMINATION. It is the "Consultant's" policy and practice to hire, promote, transfer, or solicit propsective employees without regard to their race, color religion, sex or national origin. ' 17. FEDERAL PROCUREMENT REGULATIONS. All work performed by the "Consultant" under this Agreement shall be under the Federal Procurement Regulations, Title 41, Subpart 1-15 Code of Federal Regulations as controlling for allowable elements of cost. 18. COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964. "Consultant" complies with Title VI of the Civil Rights Act of 1964, as amended, (40 CFR 21 through Appendix Hand 23 CFR 710.405b). 19. GOVERNMENT CODE SECTION 7550. "Consultant" shall be obligated with respect to the required notice under Government Code Section 7550 on any documents or written reports prepared. 20. COVENANT AGAINST CONTINGENT FEES. "Consultant" warrants that he has not employed or retained any company or person to solicit or secure this contract, and that he has not paid or agreed to pay any company or person any fee, commission. percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or vi 01 ati on of thi s warranty. "City" shall have the ri ght to annul thi s contract without liability, or in 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. -4- c....~. TECHNICIAN: TECHNICIAN: Gene Nottingham (Field) Bill Nottingham (Laboratory) SUPERVISING PRINCIPAL ENGINEER: Robert Johnson PROJECT ENGINEER: CLERICAL: Joseph Sidor Kim Barnhart *PROVISIONAL RATE - For billing purposes. The actual overhead rate to be finalized during a post construction audit. " C.~..-JJ. CERTIFICATION OF CONSULTANT I HEREBY CERTIFY that I am a Vice President and duly authorized representative of the firm of C.H.J. Incorporated whose address is 1355 East Cooley Drive, Colton, California, 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 sol icit or secure this ,agreement; b. agreed, as an expressed or implied condition for obtaining this contract, to employ or retain the services or 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 fied employee working solely for me or the above consultant) any fee, contribution, donation, or consider- ation of any kind for, or in connection with, procuring out the agreement except as here expressly stated (if any): I acknowledge that this certificate is to be furnished to the State Department of Transportaion 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. /1. ~J4 o te CHI IJ.-I. 21. ASSIGNMENT AND TRANSFER. "Consultant" shall not assign or transfer any of the obligations for services under this agreement without the expressed consent of the "City". This agreement shall constitute the only contract or agreement between the parties involved. Any other agreements, either written or oral, made between the parties involved will not be considered. In the event a legal dispute arises requiring litigation or arbitration, the prevailing party shall be entitled to all attorney fees and reasonable costs involved with litigation or arbitration of such dispute. CITY OF SAN BERNARDINO C.H.J., INCORPORATED By: !la'" \ ~ gi" fur ATTEST: I.J Date: Iz..W 1~"'4 ~~~/$~ Q1. ty C erk APPROVED AS TO FORM: ~ ~~~ City At orney -5- C.~4J.-JJ. CERTIFICATION OF LOCAL AGENCY'S HIGHWAY DEPARTMENT I HEREBY CERTIFY that I am the CIT'7 ~7V0A/flP of the Highway Department 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, person, or organization, any fee, contribution, donation, or consideration of any kind; except as here expressly stated (if any): I acknowledge that this certificate is to be furnished the State Department of Transporation, 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. !-;).)-&r- Date f.~,~*, ignature