HomeMy WebLinkAbout12-Development Services
".
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: October 18, 2001
0,...,,,. 'L
>.. .
; i. ........ .ri
Subject: Resolution of the City of San
Bernardino approving Amendment No.1 to
Agreement for Professional Services with
Joseph E. Bonadiman & Associates, Inc.
for preparation of a revised concept plan
and engineering drawings for Timber Creek
Channel.
From: James Funk, Director
Dept: Development Services
File: 4.7141
Synopsis of Previous Council Action:
MCC Date: 11-19-01
07/10/00 Allocation of $678,400 for Timber Creek improvements (Account No. 248-368-
5504-7141) in 2000/01 Capital Improvement Program (CIP) budget.
07/26/01 Approved carry-over of $666,900 for Timber Creek improvements (Account No,
248-368-5504-7141) in 2001/02 Capital Improvement Program (CIP) budget.
Recommended Motion:
Adopt Resolution
r~
James Funk
Contact person: Ravmond Casev, Deputy Director
Phone:
5111
Supporting data attached: Staff Report, Reso. Amendment #1 . Map
Ward: 1
FUNDING REQUIREMENTS: Amount:
$11.000.00
Source: (Acct. No.) 248-368-5504-7141
Acct. Description: Timber Creek Improvements
Finance: '~kA /~~
/
Council Notes:
~c, -.u. 21::f::, \- :":,SG
Agenda Item No.
J:J-,
..
1/ j/9jOJ
'.
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Resolution of the City of San Bernardino approving Amendment No. 1 to agreement for
Professional Services with Joseph E. Bonadiman & Associates, In. for preparation of a revised
concept plan and engineering drawings for Timber Creek Channel.
Background:
The existing Timber Creek channel is an unimproved dirt channel that drains into the San
Bernardino County Flood Control's East Twin Creek Channel. The majority of the tributary
drainage area is from the San Bernardino International Airport site. In order to accommodate
future airport development and to increase drainage capacity, the Timber Creek channel had
been planned to be upgraded to a concrete lined trapezoidal channel.
This project was initially approved in the FY 98/99 Budget and considered part of a
comprehensive infrastructure improvement "plan" in the area of the City surrounding the
IVDA, A number of street and drainage improvements were included in the "plan" such as the
Orange Show Road, Mill Street, Tippecanoe, Otto Gericke, and Timber Creek projects from
various funding sources.
On June 22, 1999, a Professional Services Agreement in the amount of $24,900.00 was
approved with Joseph E. Bonadiman & Associates, Inc. for the design of a concrete lined
channel between Lena Road and East Twin Creek, Plans and specifications were completed by
Joseph E. Bonadiman & Associates, Inc, in July of 2000 and construction bids were received
on October 24, 2000.
Subsequent to receiving bids for a concrete lined channel, staff received word from the Santa
Ana Regional Water Quality Board (SARWQB) that they would not approve a Water Quality
Certification Waiver to concrete line Timber Creek. Representatives of the SARWQB
contended that water quality would be negatively impacted by installation of a concrete lined
channel due to the loss of filtration by vegetation and infiltration which occurs naturally in a
dirt channel.
After a series of meetings among City Staff, our Environmental Consultant, Tom Dodson &
Associates, and representatives of the SARWQB, it was agreed to consider a design consisting
of a soft bottom channel with concrete side slopes and an upstream detentionldesilting basin,
subject to submittal by the City of a concept plan showing the revised design.
." "
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
Staff Report - continued
Joseph E, Bonadiman & Associates, Inc. has submitted a letter dated October 1, 2001 (see
Exhibit "B"), proposing a "not to exceed" fee of $11,000.00 to prepare a concept plan and
subsequent final design changes conforming to the requirements of the SARWQB. This work
was not included in the original Agreement with Joseph E. Bonadiman & Associates, Inc.,
therefore, staff is requesting approval of the attached Amendment No.1 to the Agreement for
Professional Services,
Financial Impact:
Adequate funding for this Amendment No.1 in the amount of $11,000.00 was approved in the
FY 2001/2002 CIP Storm Drain Construction Fund and all costs incurred will be charged to
Account No. 248-368-5504-7141 (Timber Creek Improvements).
Recommendation:
Adopt Resolution.
!......
'-
1
2
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH
4 JOSEPH E. BONADIMAN & ASSOCIATES, INC. FOR PREPARATION OF A
REVISED CONCEPT PLAN AND ENGINEERING DRAWINGS FOR TIMBER CREEK
5 CHANNEL.
6
RESOLUTION NO,
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
8 SECTION 1. The attached Proposal dated October 1, 2001, and marked Exhibit "B",
9 submitted by JOSEPH E. BONADlMAN & ASSOCIATES, INC. to perform extra work for a
10
11
"not to exceed" fee of $11,000.00, under terms of an Agreement for Professional Services (see
12 Exhibit "C") with said Engineer executed in June of 1999, is hereby approved. Such approval
13 shall be effective only upon Amendment No. 1 being fully executed by bOlh parties. The
,..
'-
14 Mayor is hereby authorized and directed to execute said Amendment No.1 on behalf of the
15
City. A copy of Amendment No, 1 is attached as Exhibit "A" and incorporated herein by
16
17
reference as fully as though set forth at length,
18
SECTION 2, This Amendment shall nOl take effect until the Amendment is fully
19 signed and executed by the parties, and no party shall be obligated hereunder until the time of
20 such full execution. No oral Contracts, amendments, modifications or waivers are intended or
21
22
authorized and shall not be implied from any act or course of conduct of any party.
23
24 execute it within sixty (60) days of the passage of the resolution.
SECTION 3. This resolution is rescinded if the parties to the Amendment fail to
,-
'-
25
26
27
28
Id..
J J J/J "... ~
,=
,-
'-
17
18
19
20
21
22
23
24
25
26
,/"",,, 27
'-'
28
1 RESOLUTION,.. APPROVING AMENDMENT NO. 1 TO AGREEMENT FOR
2 PROFESSIONAL SERVICES WITH JOSEPH E. BONADIMAN & ASSOCIATES, INC,
FOR PREPARATION OF A REVISED CONCEPT PLAN AND ENGINEERING
3 DRAWINGS FOR TIMBER CREEK CHANNEL.
4
5
6
7 held on the
8
9
10
11
12
13
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof.
day of
,2001, by the following vote, to-wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MC GINNIS
SCHNETZ
SUAREZ
14
15 ANDERSON
16 MC CAMMACK
Rachel Clark, City Clerk
The foregoing resolution is hereby approved this _day of
, 2001.
Judith Valles, Mayor
City of San Bernardino
Approved as to form
and legal content:
James F. Penman
City Attorney
By: ~?-. f~
110 '
2
<:
c
-
'-'
EXHIBIT "A"
AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES
This AMENDMENT NO. I is made and entered into this of 2001,
by and between the CITY OF SAN BERNARDINO, California, a municipal corporation,
hereinafter referred to as the "CITY" and Joseph E. Bonadiman & Associates, Inc.,
hereinafter referred to as "ENGINEER".
WIT N E SSE T H,
WHEREAS, an Agreement for Professional Services with Engineer for
preparation of plans, specifications, and estimates for construction of Timber Creek Channel
between Lena Road and East Twin Creek, being in an amount less than $25,000, was approved
by the City Administrator of City; and
WHEREAS, subsequent to Agreement approval, additional work was requested
by City to prepare a revised concept plan for consideration of approval by the Santa Ana
Region Water Quality Control Board (SARWQB); and
WHEREAS, Engineer has requested an amendment to the Agreement to cover
the cost of additional services required to complete the revised concept plan; and
WHEREAS, Paragraph 5.B. of Agreement allows adjustment to the total cost of
services when the Engineer and City agree in writing that there has been, or will be, a
significant change in the scope, complexity or character of the services to be performed; and
WHEREAS, City agrees that the requested revisions are not within the scope of
services covered in Agreement; and
WHEREAS, the proposed additional services to be performed by Engineer are
described in a letter from Engineer dated October I, 2001, identified as Exhibit "B", attached
hereto and made a part hereof.
NOW, THEREFORE, it is mutually agreed, as follows:
1, SCOPE OF SERVICES
Engineer shall perform those additional services identified in Exhibit "B".
2.
COMPENSA nON
Upon satisfactory completion of the additional services contained herein City
shall compensate Engineer the actual cost of its services, but not to exceed
$11,000.00.
Page 1 of2
.
EXHffilT "A"
c
AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH
JOSEPH E. BONADIMAN & ASSOCIATES, INC.
3. NO ADDITIONAL CHANGES
Except as otherwise stated in this Amendment No.1, all terms of the original
Agreement, as approved by the City Administrator of City in June of 1999 shall
remain in full force and effect.
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.
ATTEST:
CITY OF SAN BERNARDINO
BY:
BY:
Rachel Clark, City Clerk
City of San Bernardino
Judith Valles. Mayor
City of San Bernardino
c
Joseph E. Bonadiman & Associates, Inc.
BY:
Signature
NAME:
TITLE:
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY: L t.f~
C C
Page 2 of2
:",.-..,
,-
,-
'-
.~
'-
EXHIBIT "B"
J 0 S E P HE. BON A 0 I MAN & ASS 0 C I ATE S, INC.
CONSULTING
ENGINEERS
'--'- E. SonIdimaa, P,E.
a;;;;;. F, Bonodiman, LS.
1903. 1990
1891.198/i
SUty y.... Of
Professional Senica
October I~ 2001
Raymond A. Casey, City Engineer
City of San Bernardino
300 North D Street
San Bernardino, CA 92401
RE: Redesign of Timber Creek channel.
Dear Mr. Casey,
Per your request, we have had meetings with you and some of your staff, as well as reviewed plans
and reports previously prepared for Timber Creek channel. We also met with representatives of
IVDA, Hillwood Inc., and KCT Consultants, engineers for Hillwood Inc. Through these meetings,
review of documents and our in house staff meetings, we have detennined that the Scope of Work
that you require is as follows:
1.
A concept plan to be prepared by October 9, 200 I, for necessary meetings with city staff, and
other interested parties as directed by the city.
Redesign of Timber Creek channel, between Wann Creek channel and Lena Road to have
hard sides and soft bottom.
Design of retarding basin, upstream from the intersection of Timber Creek channel with Lena
Road,
2.
3,
Our estimate for the time required to provide these services, be approximately 15 man days. Based
on our estimate of time, we propose to do the above mentioned designs for a fee not to exceed
$11,000.00. Our billing will be to the city monthly and itemized showing work accomplished. Any
services that the city wishes to provide that can reduce the number of man hours spent by our firm
on this project, will, in turn, reduce the above estimated fee.
We appreciate the opportunity of providing you with this fee estimate for the above referred project.
Our firm's two (2) page Contract General Provisions are included and made a part of the proposal.
If this proposal meets with your approval, please return a signed copy to our office,
588 west Sildh SlIwol, s.. Be.._dio~. CA 9241G3lO2
(909) 885-3lIOll ~ FAX (909) 381.1721 ~ _,""..dio._..c:om
EXHIBIT "B" -
Raymond A. Casey. City EngiDec:r
RE: Redesign ofTUDber Creek channel
October I, 200 1
Page 2
1-
"'-
ACCEPTED AND APPROVED
Associates.Ioe.
The undersigned, beiog a principal and/or
agent of the contracting company hereby
agrees to fulfill the terms and conditions of this
agreement in his individual capacity.
Enclosures .
By:
JCBlbv
Date:
r
"-'
.-
,,-.
588 west Sixth SlrIet, s.n _. CA 92410-3002
(908) BB53B06 - FAX (909) 381-1121 - _.b.....dio...~.COIll
JoIcphE. _....~.....1Dc.
.-
'-
,.-
.........
.-
'-'
EXHIBIT "B"
CONTRACT GENERAL PROVISIONS
I.
Period, Termination, Extensions
A. This contract becomes null and void twelve (12) months from date of proposal unless tenninated
sooner as outlined in paragraph LB. and II.B. below.
B. This contract may be tenninated by the client upon seven (7) days written notice to Joseph E.
BonadOOafi & Associates. Inc. (Consultant). by certified mail. Costs incurred by Consultant, prior
to contract tennination are due and payable within fifteen (15) days oftennination.
C. This contract may be extended beyond its original period upon written agreement of both parties.
Consultant reserves the right to change original contract fees for services to be rendered during any
contract extension period.
II. Billing, Payment, Late Charges, Suspension or Work:
A.
Billing will be on the first day of each month. Billing will be based on Consultant estimate of the
percentage of overall project completion at the close of the billing period. Detailed itemized
statements will not be furnished unless requested in writing by the owner. Service charge of$50.00
will be made for each itemized statement prepared.
Accounts are payable upon receipt. Accounts which are thirty days in arrears are subject to a late
charge of one and one-half percent per month. Accounts falling sixty days in arrears will necessitate
suspension of all work until paid and may constitute grounds for contract cancellation and necessary
collection action at the sole discretion of Consultant
Should litigation be necessary to enforce any tenn or provision os 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.
Any retainer fee deposited as part of this contract will be held by Consultanfand applied to the final
billing.
B.
c.
D.
UL Additional Work:
A. Additional work is defmed as work not reasonably included in the original contract scope of work.
Additional work may be as a result of the owner's request or as a result of some governing authority.
or both.
B. Additional work will not be undertaken without written consent of the owner.
C. Based on the magnitude of estimated additional work, charges will be based on Consultant standard
time and material charges or may necessitate an amendment to the original contract.
D. Prior to commencement of any additional work, Consultant will attempt to provide the owner with
an estimate of anticipated extra charges. Due to the uncertainty of any such estimate. the estimate
does not constitute a guaranteed maximum charge.
E. Standard hourly rates for additional work will be made available to the owner upon request.
Consultant reserves the right to increase those rates if overtime work is necessitated by additional
work and authorized by the owner.
F. Reproductions submitted to plan-checking agencies are included in the contract price.
Reproductions requested by the owner in excess of three sets for personal, contractor, or other use
shall be considered as additional work and charged at Consultant's standard reproduction rates.
IV. Permits, Application, and Other Fees:
A.
The owner agrees to pay all fees required for pennits and/or applications, plan checking, recordation,
title documents, etc.
Checks payable to the appropriate agency will be requested by Consultant from the owner and will
be forwarded to the appropriate agency.
B.
Page 1 of 2
.-.
.........
c
-
,
'-
EXHIBIT "B"
V, Subcontracts:
A.
Consultant reserves the right to subcontract any portion of the work contained in this contract or any
authorized additional work.
The selection of subcontractors rests solely with Consultant Subcontractors will be selected on the
basis of proven professional competence.
B.
VI. Reuse or Documents:
A. All documents, including drawings and specifications furnished by Consultant pursuant to this
agreement are instruments of his services in respect to the project. The)" are not intended or
represented to be suitable for reuse by the owner or others on extensions of the project or on any
other project.
B. Any reuse without specific written veriftcation or adaptation of Consultant will be at owner's sole
risk and without liability or legal exposure to Consultant, and owner shall indemnify and hold
hannless Consultant from ail claims, damages, losses, and expenses, including attorney's fees, arising
out of or resulting therefrom. Any such adaptation or verification will entitle Consultant to further
compensation at rates to be agreed upon by the owner and Consultant
C. Any literature or documents prepared and/or distributed by the owner for the commercial promotion
of any project or development designed wholly or in part by Consultant shall include an appropriate
statement or other means giving credit to the fum of Consultant for design services provided.
VIL Construction Estimates:
Since Consultant has no control over the cost of labor, materials, or equipment, or over the contractor's methods of
determining prices, or over competitive bidding or market conditions, his opinions of probable project cost or
construction cost provided for herein are to be made on the basis of his experience and qualifications and represent
his best judgment as a design professional familiar with the construction industry, but Consultant cannot, and does not,
guarantee that proposals, bids, or the construction cost will not vary from opinions of probable cost prepared by him.
\"Ill Successors and Assigns:
Owner and Consultant each binds himself and his partners, successors, executors, administrators and assigns to the
other party of this contract and to the partners, successors, executors, administrators and assigns of such other party,
in respect to all covenants of this contract except as above, neither owner nor Consultant shall assign, sublet, ortransfer
his interest in this contract without the wTitten consent of the other.
Page 2 of 2
EXHIBIT "c"
AGREEMENT FOR PROFESSIONAL SERVICES
,...
~ This AGREEMENT is made and entered into this _ day of , 1999, by and between the
CITY OF SAN BERNARDINO, California, a municipal corporation. hereinafter referred to as the "CITY"
and JoseDh E. Bonadiman & Associates. Inc., a California corporation, hereinafter referred to as
"ENGINEER".
WITNESSETH
WHEREAS, City desires to obtain professional services to design Timber Creek Channel between
East Twin Creek and Lena Road, which is a portion of Comprehensive Storm Drain Project 7-CI4; and
WHEREAS, said storm drain is identified in the Master Plan of Storm Drains as contained in the City
General Plan; and,
WHEREAS, in order to design said storm drain, 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 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 "Proposal for Professional Engineering
Design - Timber Creek from East Twin Creek to Lena Road" dated May 17, 1999.
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 "1" 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" I" schedule unless extended by written agreement of the parties.
3.
STANDARD OF PERFORMANCE
.-
,
'-'
Engineer shall complete all work products and design in conformance with Standard
Specifications for Public Works Construction ("Greenbook"), latest edition. City of San
Bernardino Special Provisions, and the City of San Bernardino's Standard Drawings.
2
..
EXHIBIT "c"
4. CHANGES/EXTRA SERVICES
-.
i""...
A.
Performance of the work specified in said Proposal 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 include any increase of 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 City
authorizes such extra services in writing prior to performance of such work.
Authorized extra services shall be invoiced based on Engineer's "Cost Proposal" dated_
Mav 17. 1999, a copy of which is attacbed hereto as Exhibit "2" 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 $24,900. Actual costs shall not
exceed the estimated wage rates and other costs as set forth in Exhibit "2" attached hereto
and incorporated herein as though set forth in full.
r-
'-
B,
Said compensation shall not be altered unless there is a significant alteration in the scope,
complexity or character of the work to be performed. City and Engineer shall agree upon
any such significant alteration in writing 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;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the Agreement
for Completion of the work warrants such adjustment.
C, 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 ten (10) days of billing and a meet and
3
,,-
'-
EXHIBIT "C'
confer meeting for pwposes of resolution of such dispute shall be initiated by the City
within ten (10) days of notice ofsui:h dispute. Interest of 1-1/2 percent per month (but
not exceeding the maximum rate allowable by law) will be payable on any amounts not
in dispute and not paid within 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 "I" shall be
completed prior to final payment.
B.
The prevailing party, in any legal action to enforce or interpret any provision of this
Agreement will be entitled to recover, from the losing party, all attorneys' fees, court
costs, and necessary disbursement in connection with that action, The costs, salary and
expenses of the City Attorney, and members of his office, in connection with that action
shall be considered as Attorneys' fees for the pwposes of this Agreement.
7, SUPERVISION A1'ID ACCEPTANCE OF SERVICES
,,-
"-"
A. The Director of Development Services 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
Development Services or his designee.
B.
The City Administrator may review and inspect the Engineer's activities during the
progress of the program,
8. COMPLIANCE \\lTH CIVIL RlGHTS LAWS
Engineer hereby certifies that he/she will not discriminate against any employee or applicant for
employment because ofrace, color, religion, sex, marital status, age, handicap 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.
9. TERMINATION OF AGREEMENT
r-
'-
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
4
,I*-
"""'"
I*-
""""
11.
EXHIBIT "c"
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 "2",
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 this section, the
Agreement shall continue until all obligations 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 hislher obligations under this Agreement, and such
failure shall not constitute a default in performance, 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 only under
the "changes" provision of this Agreement. Engineer shall notify City within three (3) days in
writing when it becomes aware of any event or circumstance for which it claims or may claim an
extension.
~EPENDENTCONTRACTOR
Engineer shall act as an independent contractor in the performance of the services provided for
under this Agreement. Engineer shall furnish such services in hislher own manner and in no
respect shall he/she be considered an agent or employee of the City.
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 $ I 0,000 shall contain all provisions of
this contract.
5
EXHIBIT "c"
13.
NOTICES
-
f
'-
All official notices relative to this Agreement shall be in ""Titing and addressed to the following
representatives of Engineer and City:
ENGINEER
CITY
Joseph E. Bonadiman, President
Joseph E. Bonadiman & Associates, Inc.
588 W. 6th Street
San Bernardino, CA 92410
Michael E. Hays, Director
Development Services Department
300 N. "D" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of base data provided through the
City or its agents without independent evaluation,
B. The City shall pay all costs of iD5pection and permit fees, Charges not specifically
covered by the terms of this Agreement shall be paid as agreed by the parties hereto at the
time such costs arise; but in no event shall the work to be performed hereunder cease as a
consequence of any unforeseen charges unless by mutual written agreement of City and
Engineer.
c
C.
All tracings, survey notes, and other original documents are instruments of service and
shall remain the property of Engineer except where by law, precedent, or agreement these
documents become public property, All such documents or records shall be made
accessible to City, 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.
Engineer shall stamp and sign all specifications, estimates, plans and engineering data
furnished, and where appropriate, indicate registration number.
IS. CONSTRUCTIO~ COST ESTIMATES
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 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.
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, 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
6
r-
'-'
c
r-
'-'
18.
19.
EXHIBIT "c"
Agreement price or consideration, or otherwise recover, the full amount of such commission,
percentage, brokerage or contingent fee, .
17.
HOLD HARMLESS CLAUSE
A. Engineer hereby agrees to hold City, its elective and appointive boards, officers, 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.
B. Engineer shall indemnify, defend and hold free and harmless the City, its officers and its
employees from all claims, damages, costs, expenses, and liability, including but not
limited to attorney's fees imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use by City, its
officers, employees, agents and other duly authorized representatives, of programs or
processes supplied to City by Engineer under this Agreement.
INDEMNITY
Engineer shall indemnify, defend and hold harmless City from and against any and all claims,
demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including attorney's fees) and liabilities of, by, or with respect to third parties, which
arise solely from Engineer's negligent acts, errors, or omissions 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 (including attorney's fees) and liabilities of, by, or
with respect to third parties, which arise solely from City's negligence. With respect to any and
all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of, by, or with respect to third parties,
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.
LL~ILITY /INSURANCE
A. Engineer's liability to the City for injury or damage to persons or propertY arising out of
work performed by the City and for which legal liability may be found to rest upon
Engineer other than for professional errors and omissions, will be limited to $1,000,000.
For any damage on account of any error, omission or other professional negligenc..,
Engineer's liability will be limited to a sum not to exceed 550,000 or Engineer's fc(',
whichever is greater,
B.
The Engineer shall provide Workers Compensation and comprehensive general liability
insurance, including completed operations and contractual liability, with cover;t'
sufficient to insure the Engineer's indemnity, as above required; and, such insurance ~,
include the City, the Engineer, their consult.ants, and each of their officers, agents a,
employees as additional insured.
7
.-
--..
,......
"-'
,......
"-'
EXHIBIT "c"
C.
Engineer shall provide evidence of insurance in the form of a policy of insurance, in
which the City is named as an additional insured to the extent of the coverage required by
this Agreement.
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 othetwise lawful shall
remain in full force and affect, 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
supersedes 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.
ATTEST:
CITY OF SAN BERNARDINO,
A municipa corporation
By: ().....e..J.u. L C.Z-~
Ra'chel Clark, City Clerk .
By:
ilson, City Administrator
Approved as to form
and legal content
JAMES F. PENMAN
City Attorney
.~~.~
8
..,
A
'y
.
~
~
~
~
iI
~
C
1
..
.
~
tI
tI
A
l
t
.
q) -...... ........ .... ..... ............ .............. ........ ........................................ ....... ...... ...... .......
'"
III
~
N
..
'i
..
~
c,;
.! i
" ! i
'" ........................................................... ................l...........................~........i.
. 1 ~ =
g -= II{
= ....
. ~ 1
Q Q ~
! ~ ~
... 1 1 ~.
~ .....................................~..............g..............:.......J..........................tJ..........
~ ] ~ ~: q:;
~ ~ 4 t ~ i . .... . ..
~= = c:i == u- I ::
In ! J i i : EJ ~ .! ~ .0.. ~
i - ~ 2 I ~ Ct.Si ..... u ::I .::. ::
~ ~::ll...~..l............~...~Qi "f. ...!%.iJ ..~:..J..~.)illL~~..................... ~
~ ...~ j.ll ap=:'"1 illJ ~ :;:
..... :llu ..:!: EJ --
";).ll!ic: .. ><
.., . = , ", ". . W
I ~.;.5 !Q. .
'I i~i j i ~ j ~ ~ j'
l,"CI.:I:d;oo
lEI' a .!; w .
lEl ll! c:i 11", '"
I~ I .. '" =
-1~!~
I ~~ ~ ~ ~ ~ ~ ~ ~ ~ ! · ~ ~ ~ : ~ ~ ~ ~ ~ ~ ~ ~ ~ a
U~
"0
-
...
..
::
01
~
.5
...
...,
It)
iii
..---: :
~.
........~.................................................................1
I
t:
li
..
0'
&: "0
li ~
.!! Ci
"0 '"
Ii !
I H a
ii:
I z J 1
... - 1
.. I
~~ ~
e~
go
is.
Q.
..
~
:
..
=
01
j
l!
CIl
.
..
.
>.
..
>
-
"
CIl
...
:i
...
l
ii:
1.
..
II: ...
.. ..
.II ...
;; 01
l! ...
~ i
...
-: i
'" ...
a ;;
1 l
.. li
:: ..
'2
Cl
'"
.5
I
't
w
..
i
I
1i
-
Q,
E
.2
i
j
li
.!!
'0
'"
..
~
:=
~
li
..
..
..
II:
~
5
..
...
"
;;
.. J
.II ..
'S ):
.. ..
.a II:
.. Q
:: '"
01 ...
.. '"
8' ~
'0 01
-6 ~
!' u
~ i
" ~ a::
f II .;
Q ~ I
) l :$
u cl: e
..
I j I
.. .!!
... j ~ !
& Cl .. ! J
:: :i ;; ~
;; .. " :i w -; w .
.II .!! ~ .. 01 ..
f .~ II: a:: ..
" .. .. CIl t
.. j u CIl -g .. Q, ..
~ .. .. .l! .. ..
w .. Q, , l i ~ .5 l w
'2 01 .. 1: Ii 01
CIl : is .. CIl
.. ~ '" '"
Cl Q, 0 oS 0 cl: u I ~ Q, w
"2 .. ?:- -; 1 =
..
it - u & u it
Q Q,
III
U
li
..
..
..
a::
C
!
;
..
..
w
'I-
i~
"-'
.
.
.
.
.
.
.
--
......
.
.
II
JI
.
-
,II
'-
.
.
Fee Proposal
Timber Creek
"
Task Items Fee
Meet w/ City/Collect Project Information $600
Meet w/Flood Control $500
Field Survey/"X. Sections/Base Mapping $2,200
Utility ResearchIData Collection $300
Easement Research $200
Hydrology & Hydraulics Study . $3,000
Final Hydrology & Hydraulics Report $1,000
Geotechnical Field Work & Lab $2,000
Perform Preliminary Engineering $3,200
Final Geotechnical Report $400
Draft PS&E $7,900
Revise Draft PS&E $1,400
Final PS&E $700
Professional Liability Insurance <D $1,500
. Total Fee <%l $24,900
<D This item can be reduced if a cash bond is used.
i%I This is a not-to-exceed price.
EXHIBIT "2"
ill JOSI!PH .. OONAO_ . """",,,,ns Ole
S.1
-1
~
Schedule of Rates
""""
Hourlv Rates
~
L Principals (p.E.) ..............0............................................ 0 0 SI-1O.00
n. Project Manager (p.E.\. . . .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 120.00
III. Project Engioccr (p.E.) ....,........................... 0 . 0 . . . . . . . . . . . .. . . . . . . . .. 110.00
~
IV. Scnior Engineer (p.E.)/Sur..eyor (LoS.) ... 0 . 0 . . 0 . . . .. . . . . . . . . . . . . . . . . .' . . . . . . . . . . . .. 100.00
.
V. Associatc Engineer (P.E.)/Sun-cyor (L.S.) ... . . .. .. . . . . . . . .. : . . . . . . . . . . . . . . . .. . .. . . . . . 90.00
~
VI. Assistant EngineerlSun'eyor . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80.00
VII. JUnior EngineerlSun'cyor .. 0 0 . . 0 . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . 70.00
II
VIII. Engineerin~Sun"e)'or Technician II ................................................ 65.00
.
L"\(. Engineerin~Surveyor Technician I ......... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 60.00
X. Draftsperson III (CAD) ................................ 0 . . . . . . . . . . . . . . . . . . . . . . 0 . . 60.00
II
XI. Draftsperson II (CAD) .. . . . . . . . . . . . . . . . . . .. . .. . . . . . . .. . . . . . . . . . . . . . . . . .. .. . . . . .. . 55.00
,-.
'-
XII. Draftsperson I .................................................................. 50.00
XIII. Bookkeeping. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . ~O.OO
.
XIV.
Secretarial . . . . . . ..
..............................................35.00
;..y
Field Engineering:
.
Resident Engineer .......................................... 0 . . . . . . . . . . . . SO.OO
Ficld Sun',*' Supenisor . . . .. . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 80.00
Rcsident Inspector' . . . , . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . 70.00
2-Man Sun'ey Crew (Mileagc, Matcrials &: Equipmcnt included) . . . . , . . . . . . . . . . . . .. 150.00
3-Man Sun',*' Crew (Mileage. l\.lateriaJs &: Equipmcnt included) . . . . . . . . . . . . . . . . . .. 190.00
.
JI
XV1. l\.lisccllancous Scnlccs and Expenses:
.
Computcr Sen'ices (CAE) ........................................ 0 . . . . . . . . 50.00
Computcr Senices (CADD) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 15.00
Subsistcnce ....................................................... Cost + 15%
Matcrial &: Othcr Expenses ........................................... Cost + 15%
l\.liIeagc Charges .................................................. $.35 per mile
Prints........................................................... CurrentRatc
Telephone ... 0 . . . . . . . . . . . . . . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. Cost + 15%
Outside Consultant Scnice ........................................... Cost + 15%
Per Diem. . . . . . . 0 . , . . 'EXHIBIT ~'2'" . . . . . . 0 . . . . . . . . . . . . . . . . .. Current Ratc
.
11
',-
.
.
9.1
ill .0"'"" oaw>"''''' &ASSO<:..",...c
CITY CLERK'S OFFICE
RACHEL G, CLARK, CM,C, - CITY CLERK
P.O. Box 1318. San Bernardino. CA92402
300 North "0" Street. San Bernardino. CA92418-0001
909.384.5002. Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.cLsan-bernardino.ca.us
'"
November 27. 2001
Joseph C. Bonadiman, PE
Joseph E. Bonadiman & Associates, Inc.
588 Wesl Sixth Street
San Bernardino, CA 92410
Dear Mr. Bonadiman,
At the Mayor and Common Council meeting of November 19,2001, the City of San Bernardino
adopted Resolution 2001-350 - Resolution approving Amendment No. i to agreement for
professional services with Joseph E. Bonadiman & Associates, inc., for preparation of a revised
concept plan and engineering drawings for Timber Creek Channel.
Enclosed is one (I) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Attn: Michelle Taylor, P,O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please retain a copy of the agreementjor your jiles.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by January 18,2002.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
I
,
< 1.,. " ,.' t.\....
Michelle Taylor'
Senior Secretary
Enclosure
cc: Raymond Casey, Deputy Director/City Engineer (letter only)
CITY OF SAN BERNARDINO
ADOPTIID SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Informatioo Management (RIM) Program
DATE:
November 30, 2001
TO:
Mary Freiberg, Admin. Operations Supervisor II
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-350- Joseph E. Booadiman & Associates, Inc.
CC:
Finance
Attached is a fully executed copy of Amendment No. 1 to agreement for professional services
with Joseph E. Bonadiman & Associates, Inc., for preparation of a revised concept plan and
engineering drawings for Timber Creek Channel. The original agreement is on file in the City
Clerk's Office.
If you have any questions, please call me at ext. 3206.
... . ~ .
** FOR OFFICE USE ONL Y - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): ~ Item #
Vote: Ayes /-3IS, f") Nays ..B-
Change to motion to amend original documents:
12 Resolution #
Abstain 3
2Co I - 32,0
Absent ~
Reso. # On Attachments:'/ Contract tenn:
Note on Resolution of Attachment stored separately: ~
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTV
Date Sent to Mayorl'f ~
Date of Mayor's Signature: ~
Date ofClerk/CDC Signature: t\ /2\ )0 I
Date Memo/Letter Sent for Signature:
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
I i/'Zr./O I
,
See Attached:,/' Date Returned: i I ) J, (J) /.QL
. ,
See Attached:
See Attached:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITV Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Code Compliance
Dev. Services ~ EDA
Police
Public Services
Water
Notes:
NullNoid After: foe:, OPo-js", / 1-\'11-02..
By: -
Reso. Log Updated:
Seal Impressed:
"r
,/
Ves / No By
Ves No ,/ By
Ves No /' By
Ves NO+ By
Ves No By
Finance Y
MIS
Others:
BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File: 1n1
Date: l\ 130 I/),
,
Revised 0 I !I 2/0 I