HomeMy WebLinkAbout22- Development Services ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution approving an Agreement for
Professional Services with Bureau Veritas North
Dept: Development Services America, Inc. for on-call plan review services related
to the sbX "E" Street Corridor Bus Rapid Transit
Date: June 29, 2009 Project.
File:
MCC Date: August 3, 2009
Synopsis of Previous Council Action:
None
Recommended Motion:
Adopt Resolution.
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer Phone: 5023
Supporting data attached: Staff Report, Reso, Agreement Ward(s): 1, 2, 3, 4, 5, 7
FUNDING REQUIREMENTS: Amount: $409,285
Source: (Acct. No.)EDA Reimbursement
Acct. Description:
Finance:
Council Notes: a X00�-j27
Agenda Item No.
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_CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution approving an Agreement for Professional Services with Bureau Veritas North
America, Inc. for on-call plan review services related to the sbX "E" Street Corridor Bus Rapid
Transit(BRT)Project.
Background:
The Public Works Division has used several consulting firms in the recent past to provide plan
review services for on-site and off-site land development projects. These contracts were set to
expire late last year, and Development Services issued a Request for Qualifications/Request for
Proposals (RFP) with the intent of having new contracts in place by the beginning of the 2009
calendar year. In previous years, the contract amounts were in the range of$300,000 for each of
the three plan checking forms retained by the City. The RFQ/RFP was sent to ten firms and
posted on the City's webpage. Ten proposals were received. After reviewing the proposals, staff
interviewed five firms that had the requested experience. Three of the top five firms were
selected.
As the economy has declined, however, so have plan submittals. Instead, staff processed
Agreements for Services with the top three firms for on-call expeditious review only. If an
applicant wanted expeditious review, the applicant paid the additional review fees. The
agreements were $24,900 each and approved by the Interim City Manager.
The Omnitrans Board of Directors adopted a Locally Preferred Alternative for the sbX"E" Street
Corridor Bus Rapid Transit Project. The sbX BRT project is a 15.7-mile long corridor extending
from the Verdemont area to "E" Street to the Hospitality Lane area to Loma Linda. Omnitrans
has indicated that they are ready to submit preliminary street improvement and station plans for
review. The plan set includes just under 700 plan sheets and Omnitrans is requesting expeditious
review of these plans, which department staff is not able to provide. Omnitrans proposes to
submit the first set at 30%completion, followed by 60%, 90%, and 100%completion.
Staff re-reviewed the on-call plan check consultants' experience and areas of expertise obtained
plan review estimates from the Building (station plans) and Public Works (street improvement
plans) plan check consultants. Bureau Veritas (BV) provides both building and engineering plan
review services and has provided project management, design, and plan check services for many
public agencies, including the Super Loop, a BRT in San Diego for the San Diego Association of
Governments. Based upon their qualifications and experience with similar projects, staff
requested a fee proposal from them to perform the plan check services.
Financial Impact:
None to the City of San Bernardino. The estimate from Bureau Veritas, including subconsultants
(primarily KOA for traffic-related areas, is $409,284.25,which includes a 5%fee reduction.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
This includes the fees for 30%, 60%, 90%, and 100%plan reviews. The Economic Development
Agency will reimburse the City for plan check fees as outlined in Section 6.2 of the Master
Cooperative Agreement between Omnitrans, the City and the Economic Development Agency.
Although not related to this Agreement for Services with BV, the EDA will also reimburse the
City for building/construction permit fees and inspections, as well as other required permits or
applications such as encroachment permits.
Recommendation:
Adopt Resolution.
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1 RESOLUTION NO. COPY
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
3 AGREEMENT FOR SERVICES WITH BUREAU VERITAS NORTH AMERICA, INC.
TO PROVIDE ON-CALL PLAN REVIEW SERVICES FOR THE sbX "E" STREET
4 CORRIDOR BUS RAPID TRANSIT PROJECT.
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager is authorized to execute the Agreement for
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8 Professional Services with Bureau Veritas North America, Inc. to provide on-call plan review
9 services for the sbX Bus Rapid Transit Project (attached and incorporated herein as Exhibit "A").
10 SECTION 2. This Agreement shall not take effect or become operative until fully
11 signed and executed by the parties and no party shall be obligated hereunder until the time of
12 such full execution. No oral agreements, amendments, modifications or waivers are intended or
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authorized and shall not be implied from any act or course of conduct of any party.
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15 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
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within sixty(60) days of passage of the resolution.
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I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT FOR SERVICES WITH BUREAU VERITAS NORTH AMERICA, INC.
2 TO PROVIDE ON-CALL PLAN REVIEW SERVICES FOR THE sbX "E" STREET
3 CORRIDOR BUS RAPID TRANSIT PROJECT.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held
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7 on the day of 2009, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12 SHORETT
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14 KELLEY
15 JOHNSON
16 MC CAMMACK
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18 Rachel Clark, City Clerk
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The foregoing resolution is hereby approved this day of . 20(6.
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22 Patrick J. Moms,Mayor
City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
City Attorney
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26 By; ei.-
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- 2 -
AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES FOR THE sbX"E"
STREET CORRIDOR BUS RAPID TRANSIT PROJECT
THIS AGREEMENT is made and entered into this day of , 2009
("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city("City"),
and BUREAU VERITAS NORTH AMERICA, INC., a California corporation("Consultant").
WITNESSETH :
A. WHEREAS, City proposes to have Consultant perform plan checking services described
herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS,no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall furnish on-call plan review services specific
to development of the sbX "E" Street Corridor Bus Rapid Transit Project (the "Project') in
accordance with standards of the City
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Warranty. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify, defend, and hold harmless
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City from and against all claims, demands, payments, suits, actions, proceedings, and judgments
of every nature and description including attorneys' fees and costs, presented, brought, or
recovered against City for, or on account of any liability under any of the above-mentioned laws,
which may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
status, sexual gender or sexual orientation, or any other category protected by law, except as
permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
result in the imposition of penalties referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal services contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City.
1.7. Business License: The Consultant shall obtain and maintain a valid City Business
Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that
as the City's on-call plan review consultant, Consultant shall maintain a fiduciary duty and a
duty of loyalty to the City in performing Consultant's obligations under this Agreement.
Consultant, in performing its obligations under this Agreement, is governed by California's
conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of
Regulations Section 18700 et seq.
1.8.1 Prior to performing any services to City under this Agreement, Consultant shall
provide the Development Services Department a written list of the Assessor Parcel Numbers and
general location or address of any and all real property located in the City of San Bemardino in
which Consultant has any ownership interest, or which is the location of any pending project that
is a source of income for Consultant. Consultant shall keep this list current on a monthly basis
during the entire term of this Agreement.
1.8.2 Consultant shall not work on any task that is related to any real property that is
located within 500 feet of any parcel in which Consultant has any ownership interest or which is
the location of any pending project that is a source of income for Consultant.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such
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services in accordance with the Bureau Veritas June 9, 2009 letter proposal, attached and
incorporated herein as Attachment"A", subject to an aggregate limit of $409,285.
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified herein unless the City or its Project Manager for
this Project, prior to Consultant performing the additional services, approves such additional
services in writing. It is specifically understood that oral requests and/or approvals of such
additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for
approval on a progress basis, but not more often than monthly. Said invoice shall be based on
the total of all Consultant's services which have been completed to City's sole satisfaction. City
shall pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. Each invoice shall describe in detail, the services performed and the associated time for
completion. Any additional services approved and performed pursuant to this Agreement shall
be designated as "Additional Services" and shall identify the number of the authorized change
order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule issued by the Project Manager. Failure to commence work in a timely manner and/or -
diligently pursue work to completion may be grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control.of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
ply.
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the date approved by the City Manager
and continue for a period not to exceed one year unless previously terminated as
provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
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The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated as to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
° 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits,per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate.
(c) Workers' compensation insurance as required by the State of California.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain
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or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee shall be
the representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Proiect Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate an Engineering Manager who shall represent it and be
its agent in all consultations with City during the term of this Agreement. Consultant or its
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Engineering Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; or c) 48 hours
after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is
sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Tina M. York, P.E. Valerie C. Ross
Bureau Veritas North America, Inc. Director of Development Services
1181 California Avenue, Suite 202 300 North"D" Street
Corona, CA 92881 San Bernardino, CA 92418
Fax: 951-493-1061 Fax: 909-384-5080
Tel: 951-493-1060 Tel: 909-384-5357
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this contract on behalf of the City shall be considered as
"attorneys' fees" for the purposes of this paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify
and hold harmless City and its elected and appointed officials, officers, and employees from any
and all claims, liabilities, expenses, including attorney fees,damage to property or injuries to or
death of any person or persons or damages of any nature including, but not by way of limitation,
all civil claims or workers' compensation claims, arising out of or in any way connected with the
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intentional or negligent acts, errors or omissions of Consultant, its employees, agents or
subcontractors in the performance of this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings, reports, documents, information and data
including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City.or its authorized.
representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or
files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may
be subject to public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those
documents or information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Consultant informs City of such trade secret.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so marked if disclosure
is deemed to be required by law or by order of the Court.
6.12. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
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6.13. Prohibited Employment. Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
6.21. Severabilitv. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
offending provision in any other circumstance.
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6.22. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to.execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
6.24 Damages. The Parties agree to waive any rights to incidental or consequential
and punitive damages arising out of performance under this Agreement whether in torts or in
contracts, or in law or in equity.
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AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES FOR THE sbX "E"
STREET CORRIDOR BUS RAPID TRANSIT PROJECT
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
CITY OF SAN BERNARDINO, CONSULTANT
A Municipal Corporation Bureau Veritas North America, Inc.
By
Charles McNeely Tina M. York, P.E.
City Manager Project Manager
Approved as to form:
James F. Penman,
City Attorney Q
By '0
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ATTACHMENT A
W�U Yi'
s
� Y
exs
June 9, 2009
Mr. Robert G. Eisenbeisz, RCE
City Engineer
City of San Bernardino
300 North"D" Street
San Bernardino, CA 92418-0001
Subject: Plan Review Services, San Bernardino Express Transit Corridor 1 Package
Dear Robert,
In order to deliver a thorough and timely review of your major Bus Rapid Transit project, Bureau
Veritas brings unparalleled plan check expertise combined with proven and recent bus rapid transit
project management and design experience.
Bureau Veritas has been providing plan review services for over 30 years. Recently, we provided
these services to the City of Ontario for the backbone infrastructure associated with the 8,200-acre
New Model Colony. These plans were submitted at 35%, 65%, 95%, and 100% design completion.
The 35% and 65% submittals had a 15 working day tum-around schedule, the 95% had a 10
working day review schedule, and the 100% submittal had a 5 working day review schedule. The
35% submittal was over 700 sheets and grew to over 1,000 sheets on the 65% submittal. Bureau
Veritas and our sub-consultants reviewed all parts of the submittal. By reviewing the entire package,
we were able to prevent design conflicts between project elements (streets, utilities, signals, etc).
As the Project Manager, I coordinated and tracked each plan type to ensure that there was
consistency in comments and that the schedule was met.
Over the past seven years Bureau Veritas has maintained a General Engineering Consultant
contract with San Diego Association of Governments(SANDAG). Under this contract we have
provided on-site staff augmentation project management and design of various Bus Rapid Transit
corridors and transit stations. For example, Bureau Veritas performed design and project
management assistance for the Super Loop, a state and federally-funded, local circular BRT route
with 22 BRT stations in the North University City area, including thoroughfares, shelters, and
lighting. The Super Loop is planned as a local circulator bus rapid transit route with transit priority
features (both physical and signal). We have also designed innovative Direct Access Ramps along
freeways as well as appurtenant BRT stations. Moreover, our staff is currently writing the design
guidelines for future BRT station work. This team of experts and sub-consultants used for these BRT
project management and design projects is available to augment my 15 full-time plan review staff.
Some of these transit project management and design staff had previously worked in our plan
review division.
Bureau Veritas North America, Inc
I IXI CaILrtna\ccnuc.�uim_n? Mn: (951)493111(4I
14,c (951)193-UIGI
man.wburcnucuril m.n,m
Mr. Robert G. Eisenbeisz, RCE
City of San Bernardino
June 10, 2009
Page 2 of 2 (0
In order to hit the ground running, Bureau Veritas has selected key specialty sub-consultants with
whom we have established a successful and long-established track record working together on
similar projects. We propose using KOA for the traffic elements. KOA has many offices throughout
Southern California, including one in the Inland Empire, thereby making field investigations
convenient. The landscape plans would be assigned to Schmidt Design Group and the architectural
element would be provided by R2H Engineering. We have added 10% to the hourly rates of the
consultants as is customary. However, Bureau Veritas is willing to negotiate these rates and/or
utilize other sub-consultants should you have preference.
Bureau Veritas is sensitive to the challenging economic times and will work with your customer,
Omnitrans, to identify alternatives that will save time and money. By proactively meeting with project
stakeholders early on, communication will be improved and streamlined, thereby reducing the
number of submittals needed to finalize the project. We also offer the capability of providing reviews
electronically, which will substantially reduce and/or eliminate your printing, shipping, and processing
costs as well as enhance collaboration/transparency. Our plan review staff has successfully utilized
digital commenting/electronic plan review to over 60 agencies at the federal, state, regional, and
local level.
Attached is a complete breakdown of the time and material estimate for the project. The estimate is
provided on a cost per sheet format. This format provides Omnitrans with the information needed to
better anticipate the expense of each submittal as the sheet count is likely to change. Also, our
experience is that, unlike the typical plan review where most of the review time is on the initial
submittal, the majority of the time for this project is expected to be spent on the 65% submittal. On
this submittal the design elements are generally set, infrastructure locations are finalized, and
comments are more specific in nature. We propose to include two (2) meetings as mentioned above
to maintain communication and project momentum. The proposed billing rates are as agreed to on
our current contract. However, for this estimate we are using a blended hourly rate as shown.
Again, we appreciate this opportunity and are willing to negotiate a fair agreement with you to
provide the service you need with the quality you deserve within the timeframe required. Please
contact me should you need any further information. We look forward to working with you and your
stakeholders in delivering this important project!
Sincerely,
Tina M. York, P.E.
Project Manager
Attachment: Time 8 Material Estimate, San Bernardino Express Corridor 1 Package— Plan
Review Services
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30% SUBMITTAL
Description Service Provider Hourly Est. Sheet Total Estimate
Rate Hrs/Sheet Count`
Title Sheet, Keymap, & General Notes BV $125.00 1.0 3 $375.00
Typical Cross Sections BV $125.00 1.0 3 $375.00
Layout BV $125.00 1.0 40 $5,000.00
Removal Plans BV $125.00 1.0 40 $5,000.00
Construction Details BV $125.00 1.0 50 $6,250.00
Drainage Plans BV $125.00 1.0 40 $5,000.00
Utility Plans BV $125.00 1.0 40 $5,000.00
Stage Construction & Traffic Handling KOA $148.50 1.0 10 $1,485.00
Signing &Striping KOA $148.50 1.0 41 $6,088.50
Traffic Signal Plans KOA $148.50 1.0 44 $6,534.00
Traffic Signal Details KOA $148.50 1.0 2 $297.00
Street Lighting KOA $148.50 1.0 40 $5,940.00
Systems KOA $148.50 1.0 9 $1,336.50
Architectural Plans BV $125.00 1.0 107 $13,375.00
Structural Plans BV $125.00 1.0 15 $1,875.00
Station Plumbing & Electrical Plans BV $125.00 1.0 49 $6,125.00
Landscape Plans Schmidt Design Group $132.00 1.0 54 $7,128.00
Graphic Plans BV $125.00 1.0 7 $875.00
30% SUBMITTAL REVIEW TOTALS 594 $78,059.00
Recommend 2 days of Field Investigation -2 Representatives per Provider
BV $271.25 16.0 $4,340.00
KOA $270.00 16.0 $4,320.00
Schmidt Design Group $320.00 16.0 $5,120.00
30% SUBMITTAL FIELD TOTALS $13,780.00
Recommend Meeting w/Project Stakeholders-2 Representatives per Provider
BV $271.25 8.0 $2,170.00
KOA $270.00 8.0 $2,160.00
Schmidt Design Group $320.00 8.0 $2,560.00
30% SUBMITTAL MEETING TOTALS $6,890.00
130% SUBMITTAL TOTAL ESTIMATE $98,729.00
'Sheet count is bused on Index provided
Reports and calculations are additional fees that estimates will be provided for as needed.
60% SUBMITTAL
Description Service Provider Hourly Est. Sheet Total Estimate
Rate Hrs/Sheet Count'
Title Sheet, Keymap, &General Notes BV $125.00 1.5 3 $562.50
Typical Cross Sections BV $125.00 2.5 3 $937.50
Layout BV $125.00 1.5 40 $7,500.00
Removal Plans BV $125.00 2.5 40 $12,500.00
Construction Details BV $125.00 2.5 50 $15,625.00
Drainage Plans BV $125.00 2.5 40 $12,500.00
Utility Plans BV $125.00 2.5 40 $12,500.00
Stage Construction &Traffic Handling KOA $148.50 2.0 10 $2,970.00
Signing & Striping KOA $148.50 1.5 41 $9,132.75
Traffic Signal Plans KOA $148.50 2.0 44 $13,068.00
Traffic Signal Details KOA $148.50 2.0 2 $594.00
Street Lighting KOA $148.50 1.5 40 $8,910.00
Systems KOA $148.50 1.5 9 $2,004.75
Architectural Plans BV $125.00 2.5 107 $33,437.50
Structural Plans BV $125.00 2.5 15 $4,687.50
Station Plumbing & Electrical Plans BV $125.00 2.0 49 $12,250.00
Landscape Plans Schmidt Design Group $132.00 1.5 54 $10,692.00
Graphic Plans BV $125.00 2.0 7 $1,750.00
60% SUBMITTAL REVIEW TOTALS 594 $161,621.50
Recommend Meeting w/Project Stakeholders -2 Representatives per Provider
BV $271.25 8.0 $2,170.00
KOA $270.00 8.0 $2,160.00
Schmidt Design Group $320.00 8.0 $2,560.00
60% SUBMITTAL MEETING TOTALS $6,890.00
60% SUBMITTAL TOTAL ESTIMATE $168,511.50
'Sheet count is based on Index provided
90% SUBMITTAL
Description Service Provider Hourly Est. Sheet Total Estimate
Rate Hrs/Sheet Count'
Title Sheet, Keymap, & General Notes BV $125.00 1.0 3 $375.00
Typical Cross Sections BV $125.00 1.5 3 $562.50
Layout BV $125.00 1.0 40 $5,000.00
Removal Plans BV $125.00 1.5 40 $7,500.00
Construction Details BV $125.00 1.5 50 $9,375.00
Drainage Plans BV $125.00 1.5 40 $7,500.00
Utility Plans BV $125.00 1.5 40 $7,500.00
Stage Construction &Traffic Handling KOA $148.50 1.0 10 $1,485.00
Signing & Striping KOA $148.50 0.5 41 $3,044.25
Traffic Signal Plans KOA $148.50 1.0 44 $6,534.00
Traffic Signal Details KOA $148.50 1.0 2 $297.00
Street Lighting KOA $148.50 0.5 40 $2,970.00
Systems KOA $148.50 1.0 9 $1,336.50
Architectural Plans BV $125.00 1.5 107 $20,062.50
Structural Plans BV $125.00 1.5 15 $2,812.50
Station Plumbing & Electrical Plans BV $125.00 1.0 49 $6,125.00
Landscape Plans Schmidt Design Group $132.00 1.0 54 $7,128.00
Graphic Plans BV $125.00 1.0 7 $875.00
90% SUBMITTAL REVIEW TOTALS 594 $90,482.25
No Recommended Meeting w/ Project Stakeholders
BV 0.0 $0.00
KOA 0.0 $0.00
Schmidt Design Group 0.0
90% SUBMITTAL MEETING TOTALS $0.00
90% SUBMITTAL TOTAL ESTIMATE $90,482.25
`Sheet count is based on Index provided
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100% SUBMITTAL
Description Service Provider Hourly Est. Sheet Total Estimate
Rate Hrs/Sheet Count'
Title Sheet, Keymap, & General Notes BV $125.00 0.50 3 $187.50
Typical Cross Sections BV $125.00 0.75 3 $281.25
Layout BV $125.00 0.50 40 $2,500.00
Removal Plans BV $125.00 0.75 40 $3,750.00
Construction Details BV $125.00 0.75 50 $4,687.50
Drainage Plans BV $125.00 0.75 40 $3,750.00
Utility Plans BV $125.00 0.75 40 $3,750.00
Stage Construction &Traffic Handling KOA $148.50 0.50 10 $742.50
Signing & Striping KOA $148.50 0.50 41 $3,044.25
Traffic Signal Plans KOA $148.50 0.50 44 $3,267.00
Traffic Signal Details KOA $148.50 0.50 2 $148.50
Street Lighting KOA $148.50 0.50 40 $2,970.00
Systems KOA $148.50 0.50 9 $668.25
Architectural Plans BV $125.00 0.75 107 $10,031.25
Structural Plans BV $125.00 0.75 15 $1,406.25
Station Plumbing& Electrical Plans BV $125.00 0.75 49 $4,593.75
Landscape Plans Schmidt Design Group $132.00 0.75 54 $5,346.00
Graphic Plans BV $125.00 0.50 7 $437.50
100% SUBMITTAL REVIEW TOTALS 594 $51,561.50
No Recommended Meeting w/Project Stakeholders
BV 0.0 $0.00
KOA 0.0 $0.00
Schmidt Design Group 0.0 $0.00
100% SUBMITTAL MEETING TOTALS $0.00
100% SUBMITTAL TOTAL ESTIMATE $51,561.50
'Sheet count is based on Index provided
PROJECT TOTAL ESTIMATED FEE $409,284.25
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
3 AGREEMENT FOR SERVICES WITH BUREAU VERITAS NORT AMERICA, INC.
TO PROVIDE ON-CALL PLAN REVIEW SERVICES FORT sbX "E" STREET
4 CORRIDOR BUS RAPID TRANSI/Aen.
5 BE IT RESOLVED BY THE ND COM N COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLL
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SECTION 1. That the Cits thorized to execute the Agreement for
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8 Professional Services with Bureau VAmerica, Inc. to provide on-call plan review
9 services for the sbX Bus Rapid Transiached and incorporated herein as Exhibit "A").
10 SEC TION 2. This Agreem t take effect or become operative until fully
11 signed and executed by the partie and no party shall be obligated hereunder until the time of
12 such full execution. No oral agreements, amendments, modifications or waivers are intended or
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authorized and shall not be i plied from any act or course of conduct of any party.
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SECTION 3. T ' resolution is rescinded if the parties to the contract fail to execute it
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16 within sixty(60) days f passage of the resolution.
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20 t
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I RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT FOR SERVICES WITH BUREAU VERITAS NORTH AMERICA, INC.
2 TO PROVIDE ON-CALL PLAN REVIEW SERVICES FOR THE sbX "E" STREET
3 CORRIDOR BUS RAPID TRANSIT PROJECT.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
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Common Council of the City of San Bernardino at a meeting thereof, held
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7 on the day of , 2009, by the following vote, to wit:
8 Council Members: AYES NAYS ABSTAIN ABSENT
9 ESTRADA
10 BAXTER
11 BRINKER
12 SHORETT
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14 KELLEY
15 JOHNSON
16 MC CAMMACK
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18 Rachel Clark, City Clerk
19 The foregoing resolution is hereby approved this day of 2009.
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21
Patrick J. Morris, Mayor
City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26 By:
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AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES FOR THE sbX "E"
STREET CORRIDOR BUS RAPID TRANSIT PROJECT
THIS AGREEMENT is made and entered into this day of , 2009
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city("City"),
and BUREAU VERITAS NORTH AMERICA, INC., a California corporation("Consultant").
WITNESSETH :
A. WHEREAS, City proposes to have Consultant perform plan checking services described
herein below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the "Project") and desire to set forth their rights, duties and
liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions
of California Government Code, Sections 1090-1092, in the subject matter of this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall furnish on-call plan review services specific
to development of the sbX "E" Street Corridor Bus Rapid Transit Project (the "Project") in
accordance with standards of the City
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective fields
and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by
professional consultants in similar fields and circumstances in accordance with sound
professional practices. Consultant also warrants that it is familiar with all laws that may affect its
performance of this Agreement and shall advise City of any changes in any laws that may affect
Consultant's performance of this Agreement.
1.3. Warrantv. Consultant warrants that it shall perform the services required by this
Agreement in compliance with all applicable Federal and California employment laws including,
but not limited to, those laws related to minimum hours and wages; occupational health and
safety; fair employment and employment practices; workers' compensation insurance and safety
in employment; and all other Federal, State and local laws and ordinances applicable to the
services required under this Agreement. Consultant shall indemnify, defend, and hold harmless
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City from and against all claims, demands, payments, suits, actions, proceedings, and judgments
of every nature and description including attorneys' fees and costs, presented, brought, or
recovered against City for, or on account of any liability under any of the above-mentioned laws,
which may be incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage
in, nor permit its agents to engage in, discrimination in employment of persons because of their
race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital
3 status, sexual gender or sexual orientation, or any other category protected by law, except as
permitted pursuant to Section 12940 of the Government Code. Violation of this provision may
result in the imposition of penalties referred to in Labor Code, Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
1.6. Delegation and Assignment. This is a personal services contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City.
1.7. Business License: The Consultant shall obtain and maintain a valid City Business
Registration Certificate during the term of this Agreement.
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that
as the City's on-call plan review consultant, Consultant shall maintain a fiduciary duty and a
duty of loyalty to the City in performing Consultant's obligations under this Agreement.
Consultant, in performing its obligations under this Agreement, is governed by California's
conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of
Regulations Section 18700 et seq.
1.8.1 Prior to performing any services to City under this Agreement, Consultant shall
provide the Development Services Department a written list of the Assessor Parcel Numbers and
general location or address of any and all real property located in the City of San Bernardino in
which Consultant has any ownership interest, or which is the location of any pending project that
is a source of income for Consultant. Consultant shall keep this list current on a monthly basis
during the entire term of this Agreement.
1.8.2 Consultant shall not work on any task that is related to any real property that is
located within 500 feet of any parcel in which Consultant has any ownership interest or which is
the location of any pending project that is a source of income for Consultant.
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such
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services in accordance with the Bureau Veritas June 9, 2009 letter proposal, attached and
' incorporated herein as Attachment"A", subject to an aggregate limit of $409,285.
2.2. Additional Services. Consultant shall not receive compensation for any services
provided outside the scope of services specified herein unless the City or its Project Manager for
this Project, prior to Consultant performing the additional services, approves such additional
services in writing. It is specifically understood that oral requests and/or approvals of such
additional services or additional compensation shall be barred and are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for
approval on a progress basis, but not more often than monthly. Said invoice shall be based on
the total of all Consultant's services which have been completed to City's sole satisfaction. City
shall pay Consultant's invoice within forty-five (45) days from the date City receives said
invoice. Each invoice shall describe in detail, the services performed and the associated time for
completion. Any additional services approved and performed pursuant to this Agreement shall
be designated as "Additional Services" and shall identify the number of the authorized change
order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this Agreement
shall be maintained in accordance with generally recognized accounting principles and shall be
made available to City or its Project Manager for inspection and/or audit at mutually convenient
times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The professional services to be
performed pursuant to this Agreement shall commence within five (5) days from the Effective
Date of this Agreement. Said services shall be performed in strict compliance with the Project
Schedule issued by the Project Manager. Failure to commence work in a timely manner and/or
diligently pursue work to completion may be grounds for termination of this Agreement.
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3.2. Excusable Delays. Neither party shall be responsible for delays or lack of
performance resulting from acts beyond the reasonable control of the party or parties. Such acts
shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with
laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a
party.
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4.0. TERM AND TERMINATION
4.1. Tenn. This Agreement shall commence on the date approved by the City Manager
and continue for a period not to exceed one year unless previously terminated as
j provided herein or as otherwise agreed to in writing by the parties.
4.2. Notice of Termination. The City reserves and has the right and privilege of
canceling, suspending or abandoning the execution of all or any part of the work contemplated
j by this Agreement, with or without cause, at any time, by providing written notice to Consultant.
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The termination of this Agreement shall be deemed effective upon receipt of the notice of
termination. In the event of such termination, Consultant shall immediately stop rendering
services under this Agreement unless directed otherwise by the City.
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and including
the date of City's written notice of termination. Compensation for work in progress shall be
prorated as to the percentage of work completed as of the effective date of termination in
accordance with the fees set forth herein. In ascertaining the professional services actually
rendered hereunder up to the effective date of termination of this Agreement, consideration shall
be given to both completed work and work in progress, to complete and incomplete drawings,
and to other documents pertaining to the services contemplated herein whether delivered to the
City or in the possession of the Consultant.
4.4 Documents. In the event of termination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, drawings,
maps and reports, shall be delivered to the City within ten (10) days of delivery of termination
notice to Consultant, at no cost to City. Any use of uncompleted documents without specific
_? written authorization from Consultant shall be at City's sole risk and without liability or legal
expense to Consultant.
5.0. INSURANCE
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain
{ during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations,
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a policy
limit of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate.
(b) Automobile liability for owned vehicles, hired, and non-owned vehicles,
with a policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate.
(e) Workers' compensation insurance as required by the State of California.
(d) Professional errors and omissions ("E&O") liability insurance with policy
limits of not less than One Million Dollars ($1,000,000.00), combined
single limits, per occurrence and aggregate. Consultant shall obtain and
maintain, said E&O liability insurance during the life of this Agreement
and for three years after completion of the work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall contain
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or be endorsed to contain the following provisions:
(a) Additional insureds: "The City of San Bernardino and its elected and
appointed boards, officers, agents, and employees are additional insureds
with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the
coverage reduced, until thirty (30) days after written notice is given to
City."
(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a
form and content approved by City, prior to performing any services under this Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way,
the indemnification provision contained in this Agreement, or the extent to which Consultant
may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the
parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed by
the parties in interest at the time of such modification. The terms of this Agreement shall prevail
over any inconsistent provision in any other contract document appurtenant hereto, including
exhibits to this Agreement.
6.2. Representatives. The Director of Development Services or her designee shall be
the representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement who
shall be authorized to issue all consents, approvals, directives and agreements on behalf of
Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement.
6.3. Project Managers. City shall designate a Project Manager to work directly with
Consultant in the performance of this Agreement.
Consultant shall designate an Engineering Manager who shall represent it and be
its agent in all consultations with City during the term of this Agreement. Consultant or its
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Engineering Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other communications
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be
deemed served or delivered: a) at the time of delivery if such communication is sent by personal
delivery; b) at the time of transmission if such communication is sent by facsimile; or c) 48 hours
after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is
sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Tina M. York, P.E. Valerie C. Ross
Bureau Veritas North America, Inc. Director of Development Services
1181 California Avenue, Suite 202 300 North "D" Street
Corona, CA 92881 San Bernardino, CA 92418
Fax: 951-493-1061 Fax: 909-384-5080
Tel: 951-493-1060 Tel: 909-384-5357
6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection
with this Agreement, the prevailing party shall be entitled to recover from the opposing party all
costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the
exercise of any of its rights or remedies hereunder or the enforcement of any of the terms,
conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and
members of his office in enforcing this contract on behalf of the City shall be considered as
"attorneys' fees" for the purposes of this paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed under the
laws of the State of California without giving effect to that body of laws pertaining to conflict of
laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto
agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San
Bernardino County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of
Consultant's obligation to perform all other obligations to be performed by Consultant hereunder
for the term of this Agreement.
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify
and hold harmless City and its elected and appointed officials, officers, and employees from any
and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or
death of any person or persons or damages of any nature including, but not by way of limitation,
all civil claims or workers' compensation claims, arising out of or in any way connected with the
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intentional or negligent acts, errors or omissions of Consultant, its employees, agents or
subcontractors in the performance of this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his expense,
and be responsible for any and all payment of Income Tax, Social Security, State Disability
Insurance Compensation, Unemployment Compensation, and other payroll deductions for
Consultant and its officers, agents, and employees, and all business licenses, if any are required,
in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings, reports, documents, information and data
including,but not limited to, computer tapes or discs, files and tapes furnished or prepared by
Consultant or any of its subcontractors in the course of performance of this Agreement, shall be
and remain the sole property of City. Consultant agrees that any such documents or information
shall not be made available to any individual or organization without the prior consent of City.
Any use of such documents for other projects not contemplated by this Agreement, and any use
of incomplete documents, shall be at the sole risk of City and without liability or legal exposure
to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages,
losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such
documents for other projects not contemplated by this Agreement or use of incomplete
documents furnished by Consultant. Consultant shall deliver to City any findings, reports,
documents, information, data, in any form, including but not limited to, computer tapes, discs,
files audio tapes or any other Project related items as requested by City or its authorized
representative, at no additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all
reports, documents, information and data including, but not limited to, computer tapes, discs or
files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may
be subject to public disclosure as required by the California Public Records Act (California
Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those
documents or information that qualify as trade secrets, as that term is defined in the California
Government Code Section 6254.7, and of which Consultant informs City of such trade secret.
The City will endeavor to maintain as confidential all information obtained by it that is
designated as a trade secret. The City shall not, in any way, be liable or responsible for the
disclosure of any trade secret including, without limitation, those records so marked if disclosure
is deemed to be required by law or by order of the Court.
j 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results
under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation
as may be required by the City's representative, regarding any services rendered under this
Agreement at no additional cost to City. In the event that an error or omission attributable to
Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design
drawings, estimates and other Consultant professional services necessary to rectify and correct
the matter to the sole satisfaction of City and to participate in any meeting required with regard
to the correction.
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6.13. Prohibited Employment. Consultant will not employ any regular employee of
City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and
negotiation of this Agreement and in the performance of its obligations hereunder except as
expressly provided herein.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole
benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement.
6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement
are included solely for convenience and are not intended to modify, explain or to be a full or
accurate description of the content thereof and shall not in any way affect the meaning or
interpretation of this Agreement.
6.18. Construction. The parties have participated jointly in the negotiation and drafting
of this Agreement. In the event an ambiguity or question of intent or interpretation arises with
respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties
and in accordance with its fair meaning. There shall be no presumption or burden of proof
favoring or disfavoring any party by virtue of the authorship of any of the provisions of this
Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require performance or
compliance by the other of any of its obligations or agreements shall in no way be deemed a
waiver of those rights to require such performance or compliance. No waiver of any provision of
3 this Agreement shall be effective unless in writing and signed by a duly authorized representative
of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy
! with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with
3I respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.
3
6.21. Severability. If any provision of this Agreement is determined by a court of
a
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the
i offending provision in any other circumstance.
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6.22. Counterparts. This Agreement may be executed in one or more counterparts, each
of which shall be deemed an original. All counterparts shall be construed together and shall
I constitute one agreement.
6.23. Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said
parties and that by doing so, the parties hereto are formally bound to the provisions of this
Agreement.
6.24 Damages. The Parties agree to waive any rights to incidental or consequential
and punitive damages arising out of performance under this Agreement whether in torts or in
contracts, or in law or in equity.
9
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AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES FOR THE sbX "E"
STREET CORRIDOR BUS RAPID TRANSIT PROJECT
1
a
1
1 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their respective authorized officers, as of the date first above written.
i
CITY OF SAN BERNARDINO, CONSULTANT
A Municipal Corporation Bureau Veritas North America, Inc.
By
Charles McNeely Tina M. York, P.E.
City Manager Project Manager
I
Approved as to form:
James F. Penman,
City Attorney
By
10
ATTACHMENT A
W�U Yr'
i
O f y
gg i
June 9, 2009
Mr. Robert G. Eisenbeisz, RCE
City Engineer
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Subject: Plan Review Services, San Bernardino Express Transit Corridor 1 Package
Dear Robert,
In order to deliver a thorough and timely review of your major Bus Rapid Transit project, Bureau
Veritas brings unparalleled plan check expertise combined with proven and recent bus rapid transit
project management and design experience.
Bureau Veritas has been providing plan review services for over 30 years. Recently, we provided
these services to the City of Ontario for the backbone infrastructure associated with the 8,200-acre
New Model Colony. These plans were submitted at 35%, 65%, 95%, and 100% design completion.
The 35% and 65% submittals had a 15 working day turn-around schedule, the 95% had a 10
working day review schedule, and the 100% submittal had a 5 working day review schedule. The
35% submittal was over 700 sheets and grew to over 1,000 sheets on the 65% submittal. Bureau
Veritas and our sub-consultants reviewed all parts of the submittal. By reviewing the entire package,
we were able to prevent design conflicts between project elements (streets, utilities, signals, etc).
As the Project Manager, I coordinated and tracked each plan type to ensure that there was
consistency in comments and that the schedule was met.
Over the past seven years Bureau Veritas has maintained a General Engineering Consultant
contract with San Diego Association of Governments(SANDAG). Under this contract we have
provided on-site staff augmentation project management and design of various Bus Rapid Transit
corridors and transit stations. For example, Bureau Veritas performed design and project
management assistance for the Super Loop, a state and federally-funded, local circular BRT route
with 22 BRT stations in the North University City area, including thoroughfares, shelters, and
lighting. The Super Loop is planned as a local circulator bus rapid transit route with transit priority
features (both physical and signal). We have also designed innovative Direct Access Ramps along
freeways as well as appurtenant BRT stations. Moreover, our staff is currently writing the design
guidelines for future BRT station work. This team of experts and sub-consultants used for these BRT
project management and design projects is available to augment my 15 full-time plan review staff.
Some of these transit project management and design staff had previously worked in our plan
review division.
Bureau Veritas North America, Inc
118( chin: 951
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Mr. Robert G. Eisenbeisz, RCE V)
City of San Bernardino
June 10, 2009
Page 2 of 2
In order to hit the ground running, Bureau Veritas has selected key specialty sub-consultants with
whom we have established a successful and long-established track record working together on
similar projects. We propose using KOA for the traffic elements. KOA has many offices throughout
Southern California, including one in the Inland Empire, thereby making field investigations
convenient. The landscape plans would be assigned to Schmidt Design Group and the architectural
element would be provided by R2H Engineering. We have added 10% to the hourly rates of the
consultants as is customary. However, Bureau Veritas is willing to negotiate these rates and/or
utilize other sub-consultants should you have preference.
Bureau Veritas is sensitive to the challenging economic times and will work with your customer,
Omnitrans, to identify alternatives that will save time and money. By proactively meeting with project
stakeholders early on, communication will be improved and streamlined, thereby reducing the
number of submittals needed to finalize the project. We also offer the capability of providing reviews
electronically, which will substantially reduce and/or eliminate your printing, shipping, and processing
costs as well as enhance collaboration/transparency. Our plan review staff has successfully utilized
digital commenting/electronic plan review to over 60 agencies at the federal, state, regional, and
local level.
Attached is a complete breakdown of the time and material estimate for the project. The estimate is
provided on a cost per sheet format. This format provides Omnitrans with the information needed to
better anticipate the expense of each submittal as the sheet count is likely to change. Also, our
experience is that, unlike the typical plan review where most of the review time is on the initial
submittal, the majority of the time for this project is expected to be spent on the 65% submittal. On
this submittal the design elements are generally set, infrastructure locations are finalized, and
comments are more specific in nature. We propose to include two (2) meetings as mentioned above
to maintain communication and project momentum. The proposed billing rates are as agreed to on
our current contract. However, for this estimate we are using a blended hourly rate as shown.
Again, we appreciate this opportunity and are willing to negotiate a fair agreement with you to
provide the service you need with the quality you deserve within the timeframe required. Please
contact me should you need any further information. We look forward to working with you and your
stakeholders in delivering this important project!
Sincerely, 1�
Tina M. York, P.E.
Project Manager
Attachment: Time & Material Estimate, San Bernardino Express Corridor 1 Package— Plan
Review Services
pU vF9
30% SUBMITTAL :e
Description Service Provider Hourly Est. Sheet
p Rate Hrs/Sheet Count' Total Estimate
Title Sheet, Keymap, & General Notes BV $125.00 1.0 3 $375.00
Typical Cross Sections BV $125.00 1.0 3 $375.00
Layout BV $125.00 1.0 40 $5,000.00
Removal Plans BV $125.00 1.0 40 $5,000.00
Construction Details BV $125.00 1.0 50 $6,250.00
Drainage Plans BV $125.00 1.0 40 $5,000.00
Utility Plans BV $125.00 1.0 40 $5,000.00
Stage Construction &Traffic Handling KOA $148.50 1.0 10 $1,485.00
Signing & Striping KOA $148.50 1.0 41 $6,088.50
Traffic Signal Plans KOA $148.50 1.0 44 $6,534.00
Traffic Signal Details KOA $148.50 1.0 2 $297.00
Street Lighting KOA $148.50 1.0 40 $5,940.00
Systems KOA $148.50 1.0 9 $1,336.50
Architectural Plans BV $125.00 1.0 107 $13,375.00
Structural Plans BV $125.00 1.0 15 $1,875.00
Station Plumbing & Electrical Plans BV $125.00 1.0 49 $6,125.00
Landscape Plans Schmidt Design Group $132.00 1.0 54 $7,128.00
Graphic Plans BV $125.00 1.0 7 $875.00
30% SUBMITTAL REVIEW TOTALS 594 $78,059.00
Recommend 2 days of Field Investigation -2 Representatives per Provider
BV $271.25 16.0 $4,340.00
KOA $270.00 16.0 $4,320.00
Schmidt Design Group $320.00 16.0 $5,120.00
30% SUBMITTAL FIELD TOTALS $13,780.00
Recommend Meeting w/Project Stakeholders-2 Representatives per Provider
BV $271.25 8.0 $2,170.00
KOA $270.00 8.0 $2,160.00
Schmidt Design Group $320.00 8.0 $2,560.00
30% SUBMITTAL MEETING TOTALS $6,890.00
130%SUBMITTAL TOTAL ESTIMATE $98,729.00
'Sheet count is based on Index provided
"Reports and calculations are additional fees that estimates will be provided for as needed.
60% SUBMITTAL
Description Service Provider Hourly Est. Sheet Total Estimate
Rate Hrs/Sheet Count'
Title Sheet, Keymap, & General Notes BV $125.00 1.5 3 $562.50
Typical Cross Sections BV $125.00 2.5 3 $937.50
Layout BV $125.00 1.5 40 $7,500.00
Removal Plans BV $125.00 2.5 40 $12,500.00
Construction Details BV $125.00 2.5 50 $15,625.00
Drainage Plans BV $125.00 2.5 40 $12,500.00
Utility Plans BV $125.00 2.5 40 $12,500.00
Stage Construction &Traffic Handling KOA $148.50 2.0 10 $2,970.00
Signing &Striping KOA $148.50 1.5 41 $9,132.75
Traffic Signal Plans KOA $148.50 2.0 44 $13,068.00
Traffic Signal Details KOA $148.50 2.0 2 $594.00
Street Lighting KOA $148.50 1.5 40 $8,910.00
Systems KOA $148.50 1.5 9 $2,004.75
Architectural Plans BV $125.00 2.5 107 $33,437.50
Structural Plans BV $125.00 2.5 15 $4,687.50
Station Plumbing & Electrical Plans BV $125.00 2.0 49 $12,250.00
Landscape Plans Schmidt Design Group $132.00 1.5 54 $10,692.00
Graphic Plans BV $125.00 2.0 7 $1,750.00
60% SUBMITTAL REVIEW TOTALS 594 $161,621.50
Recommend Meeting w/Project Stakeholders -2 Representatives per Provider
BV $271.25 8.0 $2,170.00
KOA $270.00 8.0 $2,160.00
Schmidt Design Group $320.00 8.0 $2,560.00
60% SUBMITTAL MEETING TOTALS $6,890.00
F UBMITTAL TOTAL ESTIMATE $168,511.50
'Sheet count is based on Index provided
90% SUBMITTAL
Description Service Provider Hourly Est. Sheet
p Rate Hrs/Sheet Count* Total Estimate
Title Sheet, Keymap, & General Notes BV $125.00 1.0 3 $375.00
Typical Cross Sections BV $125.00 1.5 3 $562.50
Layout BV $125.00 1.0 40 $5,000.00
Removal Plans BV $125.00 1.5 40 $7,500.00
Construction Details BV $125.00 1.5 50 $9,375.00
Drainage Plans BV $125.00 1.5 40 $7,500.00
Utility Plans BV $125.00 1.5 40 $7,500.00
Stage Construction &Traffic Handling KOA $148.50 1.0 10 $1,485.00
Signing & Striping KOA $148.50 0.5 41 $3,044.25
Traffic Signal Plans KOA $148.50 1.0 44 $6,534.00
Traffic Signal Details KOA $148.50 1.0 2 $297.00
Street Lighting KOA $148.50 0.5 40 $2,970.00
Systems KOA $148.50 1.0 9 $1,336.50
Architectural Plans BV $125.00 1.5 107 $20,062.50
Structural Plans BV $125.00 1.5 15 $2,812.50
Station Plumbing & Electrical Plans BV $125.00 1.0 49 $6,125.00
Landscape Plans Schmidt Design Group $132.00 1.0 54 $7,128.00
Graphic Plans BV $125.00 1.0 7 $875.00
90% SUBMITTAL REVIEW TOTALS 594 $90,482.25
No Recommended Meeting w/ Project Stakeholders
BV 0.0 $0.00
KOA 0.0 $0.00
Schmidt Design Group 0.0 $0.00
90% SUBMITTAL MEETING TOTALS $0.00
190% SUBMITTAL TOTAL ESTIMATE $90,482.25
*Sheet count is based on Index provided
100% SUBMITTAL
Description Service Provider Hourly Est. Sheet Total Estimate
Rate Hrs/Sheet Count`
Title Sheet, Keymap, &General Notes BV $125.00 0.50 3 $187.50
Typical Cross Sections BV $125.00 075 3 $281.25
Layout BV $125.00 0.50 40 $2,500.00
Removal Plans BV $125.00 0.75 40 $3,750.00
Construction Details BV $125.00 0.75 50 $4,687.50
Drainage Plans BV $125.00 0.75 40 $3,750.00
Utility Plans BV $125.00 0.75 40 $3,750.00
Stage Construction & Traffic Handling KOA $148.50 0.50 10 $742.50
Signing & Striping KOA $148.50 0.50 41 $3,044.25
Traffic Signal Plans KOA $148.50 0.50 44 $3,267.00
Traffic Signal Details KOA $148.50 0.50 2 $148.50
Street Lighting KOA $148.50 0.50 40 $2,970.00
Systems KOA $148.50 0.50 9 $668.25
Architectural Plans BV $125.00 0.75 107 $10,031.25
Structural Plans BV $125.00 0.75 15 $1,406.25
Station Plumbing & Electrical Plans BV $125.00 0.75 49 $4,593.75
Landscape Plans Schmidt Design Group $132.00 0.75 54 $5,346.00
Graphic Plans BV $125.00 0.50 7 $437.50
100% SUBMITTAL REVIEW TOTALS 594 $51,561.50
No Recommended Meeting w/Project Stakeholders
BV 0.0 $0.00
KOA 0.0 $0.00
Schmidt Design Group 0.0 $0.00
100% SUBMITTAL MEETING TOTALS $0.00
1100% SUBMITTAL TOTAL ESTIMATE $51,561.50
'Sheet count is based on Index provided
PROJECT TOTAL ESTIMATED FEE $409,284.25