HomeMy WebLinkAbout05.F- Public Works 5.F
DOC ID: 1445 A
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract
From: Nadeem Majaj M/CC Meeting Date: 02/06/2012
Prepared by: Jim Geyer, (909) 384-5140
Dept: Public Works Ward(s): All
Subject:
Resolution Authorizing Execution of Agreements for Services with SA Associates, Willdan
Engineering, and Harris & Associates for On-Call Construction Management and Inspection
Services.
Financial Impact:
Funds for Construction Management and Inspection Services are available through each
individual project and cost of services will be charged to each individual Capital Improvement
Program project, as needed.
Account Budgeted Amount: $300,000 Account No. (Multiple CIP Accounts)
Account Description: Various
Balance as o£ N/A
Balance after approval of this item: N/A
Motion: Adopt Resolution.
Synopsis of Previous Council Action:
07/05/11 Mayor and Common Council adopted the 5-Year CIP for FY 2011/12 -2015/16.
Background:
The Engineering Division of the Public Works Department is responsible for planning and
implementing the City's Capital Improvement Program (CIP), which is adopted annually by the
Mayor and Common Council. This program, in general, consists of design and construction of
roads, bridges, buildings, grading, drainage, landscaping, traffic signals, handicap ramps, and
other public improvements. From time to time for construction of a project, additional
inspection expertise and construction management services are needed, including value
engineering, plan reviews, project management, and related services necessary to coordinate the
work related to delivery of Capital projects in accordance with contract documents and City
requirements. Duties will include, but not be limited to, inspection of construction of streets,
curbs, gutters, median islands, storm drains, sewers, sidewalks, water lines, alleys, street lights,
traffic signals, bridges, seismic/safety retrofit of structures, traffic signals, NPDES compliance,
and other assigned Public Works projects.
On July 13, 2011, the Public Works Department released a Request for Proposals (RFP) for On-
Updated: 2/2/2012 by Mayra Ochiqui A �r' ,
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Call Professional Construction Management and Inspection Services. Copies of the RFP were
sent to a total of fifteen firms that appeared qualified to provide the services. It was also posted
on the Internet and sent to the San Bernardino Area Chamber of Commerce.
On August 9, 2011, a total of eighteen proposals were received. The firms submitting proposals
were:
1. Vali Cooper&Associates,Riverside
2. SA Associates,Arcadia
3. Willdan Engineering, San Bernardino
4. Harris &Associates, Irvine
5. Wilson&Company, San Bernardino
6. Onward Engineering,Anaheim
7. Hernandez, Kroone &Associates, San Bernardino
8. Bureau Veritas North America, Inc., Corona
9. KOA Corporation, Ontario
10. VA Consulting, Inc., Corona
11. APSI Construction Management, Irvine
12. Infrastructure Engineers, Orange
13. CivilSource, Inc., Irvine
14. Quantum Consulting, Inc., Torrance
15. Southstar Engineering and Consulting, Inc., Riverside
16. Winzler&Kelly, Santa Ana
17. BRJ&Associates, Pasadena
18. GK&Associates, Diamond Bar
A panel consisting of Jim Geyer, Construction/Survey Manager; Robert Sepulveda, Engineering
Associate; and Eddy Jan, Project Manager completed the selection process on September 26,
2011. The final selection was based upon the evaluation of proposals and interviewing the top six
firms with the highest rated proposals. The evaluation of proposals, interviews and ratings was
completed in accordance with the rating system approved by the Mayor and Common Council on
September 2, 2003.
Based on the results of the interviews, the following firms, whose proposals best meet the needs
of the City,were selected as follows:
• SA Associates of Arcadia
• Willdan Engineering of San Bernardino
• Harris &Associates of Irvine
Three firms were chosen to give the City a greater degree of flexibility when services are needed.
The work will be distributed among the three firms in a manner that best meets the needs of the
City. The City has made no guarantee to any of the firms regarding the amount and/or the dollar
value of the work they may receive. An agreement for services has been prepared for each of the
three firms with their respective proposed fee schedule attached.
Staff recommends that the Agreements for Services be executed and that annual purchase orders
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totaling $300,000 in aggregate be issued to SA Associates, Willdan Engineering, and Harris &
Associates. The Agreements will be effective upon execution by the parties and will be valid
through June 30, 2013. An administration extension of one additional year may be approved
with the written consent of the parties.
Supporting Documents:
Reso - On-Call Constr. Mgmt. Inspection Services (PDF)
EXHIBIT A- SA Associates Agreement On Call CM&Inspection 01-23-12 (PDF)
Exhibit A-1 Scope of Services (PDF)
Exhibit A-2 RATES for SA Assoc. (PDF)
EXHIBIT B -Willdan Engineering Agreement CM&Inspection Contract 01-23-12 (PDF)
Exhibit B-1 Scope of Services (PDF)
Exhibit B-2 RATES for Willdan Eng. (PDF)
EXHIBIT C Harris &Assoc Agreement CM&Inspection Contract 01-23-12 (PDF)
Exhibit C-1 Scope of Services (PDF)
Exhibit C-2 RATES for Harris &Assoc. (PDF)
Updated: 2/2/2012 by Mayra Ochiqui A
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1 RESOLUTION NO. a
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF U)
SAN BERNARDINO AUTHORIZING THE CITY MANAGER TO EXECUTE
3 AGREEMENTS FOR SERVICES WITH THE FIRMS OF SA ASSOCIATES, E
4 WILLDAN ENGINEERING, AND HARRIS & ASSOCIATES FOR ON-CALL
CONSTRUCTION MANAGEMENT AND CONTRACT INSPECTION SERVICES.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
6 CITY OF SAN BERNARDINO AS FOLLOWS: U
7 SECTION 1. SA Associates, Willdan Engineering, and Harris & Associates are firms O
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that are competent, experienced, and able to perform requested services and have provided the =
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10 most advantageous and responsible proposal for Construction Management and Contract
11 Inspection in amounts totaling up to $300,000 in aggregate. Pursuant to this determination,
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12 the Purchasing Manager is hereby authorized and directed to issue Purchase Orders for said
13 services to said firms; all other proposals are hereby rejected. The City Manager is hereby =
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14 authorized and directed to execute, on behalf of the City, three Agreements for On-Call
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16 Construction Management and Inspection Services; copies of which are attached hereto and U
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17 incorporated herein as Exhibit A (SA Associates), Exhibit B (Willdan Engineering), and a,Cn
18 Exhibit C (Harris&Associates). o
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19 SECTION 2. Said Agreements shall be in effect from February 6, 2012, through June
20 30, 2013,unless earlier terminated as provided in the Agreements or as otherwise agreed to in E
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writing by the parties. An administrative extension of one additional year may be authorized,
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subject to agreement of both parties. v
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24 SECTION 3. The authorization to execute the above-referenced Agreements is v
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25 rescinded, if they are not signed by the parties within sixty (60) days of the passage of this 0
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26 Resolution.
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1 RESOLUTION... AUTHORIZING THE CITY MANAGER TO EXECUTE
AGREEMENTS FOR SERVICES WITH THE FIRMS OF SA ASSOCIATES, y
2 WILLDAN ENGINEERING, AND HARRIS & ASSOCIATES FOR ON-CALL S
CONSTRUCTION MANAGEMENT AND CONTRACT INSPECTION SERVICES.
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4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor
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5 and Common Council of the City of San Bernardino at a meeting 0
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6 thereof, held on the day of ,2012, by the following vote,to wit: M
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ouncil Members: AYES NAYS ABSTAIN ABSENT o
8 MARQUEZ
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JENKINS
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11 BRINKER Q
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i2 SHORETT
13 KELLEY N
14 JOHNSON y
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MCCAMMACK
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18 City Clerk 0
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19 The foregoing Resolution is hereby approved this day of , 2012.
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Patrick J. Morris,Mayor
22 City of San Bernardino
23 Approved as to form: 0
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JAMES F. PENMAN,
24 City Attorney c�
25 By: �G �,
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EXHIBIT A
AGREEMENT FOR SERVICES FOR ON-CALL CONSTRUCTION 0
MANAGEMENT AND CONTRACT INSPECTION —
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THIS AGREEMENT is made and entered into this 6th day of February, 2012 0
("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city
("City"), and SA ASSOCIATES ("Consultant").
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WITNESSETH : U
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A. WHEREAS, City proposes to have Consultant perform the On-Call Construction a
Management and Contract Inspection Services described herein below; and Ln
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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 0_
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C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the services described below and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and N
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D. WHEREAS, no official or employee of City has a financial interest, within the o
provisions of California Government Code, Sections 1090-1092, in the subject matter of this
Agreement. a
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NOW, THEREFORE, for and in consideration of the mutual covenants and 08
conditions contained herein, the parties hereby agree as follows:
1.0. SERVICES PROVIDED BY CONSULTANT
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1.1. Scope of Services. Contractor shall furnish On-Call Construction
Management and Contract Inspection Services to City in accordance with Exhibit A-1 E
"Scope of Services", attached and incorporated herein, and the Contractor's proposal, dated
August 9, 2011, a copy of which is on file in the office of the City Engineer. a
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1.2. Professional Practices. All professional services to be provided by Consultant v
pursuant to this Agreement shall be provided by personnel experienced in their respective 0
fields and in a manner consistent with the standards of care, diligence and skill ordinarily a
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 Q
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.
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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
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EXHIBIT A
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 0
indemnify and hold harmless City from and against all claims, demands, payments, suits, —
actions,proceedings, and judgments of every nature and description including attorneys' fees Li
and costs, presented, brought, or recovered against City for, or on account of any liability o
under any of the above-mentioned laws, which may be incurred by reason of Consultant's
performance under this Agreement.
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1.4. Non-discrimination. In performing this Agreement, Consultant shall not U
engage in, nor permit its agents to engage in, discrimination in employment of persons 3
because of their race, religion, color, national origin, ancestry, age, physical handicap, Q
medical condition, marital status, sexual gender or sexual orientation, or any other category LO
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. N
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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. N
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1.6. Delegation and Assignment. This is a personal service contract, and the duties o
set forth herein shall not be delegated or assigned to any person or entity without the prior
written consent of City.
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1.7. Business License: The Consultant shall obtain and maintain a valid City od
Business Registration Certificate during the term of this Agreement.
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1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees =
that Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing o
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Consultant's obligations under this Agreement. Consultant, in performing its obligations
under this Agreement, is governed by California's conflict of interest laws, Government E
Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et
seq. Q
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1.8.1 Prior to performing any services to City under this Agreement, Consultant
shall provide the City Engineer a written list of the Assessor Parcel Numbers and general N
location or address of any and all real property located in the City of San Bernardino in Q
which Consultant has any ownership interest, or which is the location of any pending project y
that is a source of income for Consultant. Consultant shall keep this list current on a monthly a
basis during the entire term of this Agreement.
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1.8.2 Consultant shall not work on any task that is related to any real property that w
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.
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EXHIBIT A
2.0. COMPENSATION AND BILLING _N
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2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for v
such on-call services in accordance with Exhibit A-2 "Hourly Charge Rate and Expense
Reimbursement Schedule," effective to June 30, 2013, attached and incorporated herein, o
subject to an aggregate limit of$300,000 in payment for work performed by all consultants
performing On-Call Geotechnical Investigations and Construction Material Testing. City P
shall distribute work among its consultants in a manner that best meets the needs of the City. o
City makes no guarantee to Consultant regarding the amount and/or the dollar value of the
work assigned to Consultant. 3
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2.2. Additional Services. Consultant shall not receive compensation for any LO
services provided outside the Scope of Services unless the City or its Managing Engineer 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. o
2.3. Method of Billin.g. Consultant may submit invoices to City's Managing
Engineer for approval on a progress basis, but no more often than monthly. Said invoice r
shall be based on the total of all Consultant's services which have been completed to City's N
sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date c
City receives said invoice. Each invoice shall describe in detail, the services performed and o
the associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as "Additional Services" and shall identify a
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 Managing Engineer for inspection and/or U
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audit at mutually convenient times for a period of three (3) years from the Effective Date. 0
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3.0. TIME OF PERFORMANCE E
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3.1. Commencement and Completion of Work. The obligation to perform the
professional services to be performed pursuant to this Agreement shall commence within five w
(5) days from the Effective Date of this Agreement. Said services shall be performed in strict
compliance with the Project Schedule issued by the Managing Engineer. Failure to N
commence work in a timely manner and/or diligently pursue work to completion may be Q
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 m
acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, w
compliance with laws or regulations, riots, acts of war, or any other conditions beyond the
reasonable control of a party.
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EXHIBIT A
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4.0. TERM AND TERMINATION 0
4.1. Term. This Agreement shall commence on the Effective Date and continue
through June 30, 2013, unless previously terminated as provided herein or as otherwise o
agreed to in writing by the parties. An administrative extension of one additional year may be
authorized, subject to the prior written agreement of both parties.
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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 3
contemplated by this Agreement, with or without cause, at any time, by providing written a
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall v
immediately stop rendering services under this Agreement unless directed otherwise by the
City. N
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4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and W
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 N
termination in accordance with the fees set forth herein. In ascertaining the professional o
services actually rendered hereunder up to the effective date of termination of this o
Agreement, consideration shall be given to both completed work and work in progress, to 2
complete and incomplete drawings, and to other documents pertaining to the services a
contemplated herein whether delivered to the City or in the possession of the Consultant. C
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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, U
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drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of o
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 E
liability or legal expense to Consultant.
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5.0. INSURANCE
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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
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(a) Comprehensive general liability, including premises-operations, Q
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a m
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policy limit of not less than One Million Dollars ($1,000,000.00), w
combined single limits,per occurrence and aggregate.
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(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
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($1,000,000.00), combined single limits, per occurrence and N
aggregate. 0
(c) Workers' compensation insurance as required by the State of t�
California. o
(d) Professional errors and omissions (`B&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00), o
combined single limits, per occurrence and aggregate. Consultant U
shall obtain and maintain, said E&O liability insurance during the life 3
of this Agreement and for three years after completion of the work a
hereunder. Ln
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5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions: _
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(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 contract with City." r
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(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor c
the coverage reduced,until thirty(30) days after written notice is given o
to City."
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(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance od
provided by this policy." L)
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5.3. Certificates of Insurance. Consultant shall provide to City certificates of U
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insurance showing the insurance coverages and required endorsements described above, in a o
form and content approved by City,prior to performing any services under this Agreement. E C
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 a
Consultant may be held responsible for payments of damages to persons or property. w
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6.0. GENERAL PROVISIONS y
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6.1. Entire Agreement. This Agreement constitutes the entire Agreement between N
the parties with respect to any matter referenced herein and supersedes any and all other prior Q
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 ca
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prevail over any inconsistent provision in any other contract document appurtenant hereto, w
including exhibits to this Agreement.
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6.2. Representatives. The City Engineer or his designee shall be the representative
of City for purposes of this Agreement and may issue all consents, approvals, directives and
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EXHIBIT A
agreements on behalf of the City, called for by this Agreement, except as otherwise expressly N
provided in this Agreement. o
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Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on behalf o
of Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement. `6
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6.3. Project Managers. City shall designate a Managing Engineer to work directly
with Consultant in the performance of this Agreement. 3
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Consultant shall designate a Contract Inspector(s) who shall represent it and LO
be its agent in all consultations with City during the term of this Agreement. Consultant or v
its Contract Inspector(s) shall attend and assist in all coordination meetings called by City.
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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 W
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; N
and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if c
such communication is sent through regular United States mail. o
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IF TO CONSULTANT: IF TO CITY: N
Mr. Shahnawaz Ahmad, P.E. Robert Eisenbeisz,P.E.
President/Principal-in-Charge City Engineer
SA ASSOCIATES 300 North"D" Street
1130 W. Huntington Drive,Unit 12 San Bernardino, Ca 92418
Arcadia, CA 91007
Fax: 626-445-1461 Fax: 909-384-5190 0
Tel: 626-821-3456 Tel: 909-384-5203 V
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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 Q
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 o
of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the N
City Attorney and members of his office in connection with that litigation shall be considered a
as"attorneys' fees" for the purposes of this Agreement. <
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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 m
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conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the X
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parties hereto agree that the sole and exclusive venue shall be a court of competent r
jurisdiction located in San Bernardino County, California. W
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
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EXHIBIT A
.� 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 0
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 ci
Consultant of Consultant's obligation to perform all other obligations to be performed by o
Consultant hereunder for the term of this Agreement.
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6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, o
indemnify and hold harmless City and its elected and appointed officials, officers, and
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employees from any and all claims, causes of action, liabilities, expenses, including attorney 3
fees, damage to property or injuries to or death of any person or persons or damages of any a
nature including, but not by way of limitation, all civil claims or workers' compensation LO
claims, arising out of or in any way connected with the intentional or negligent acts, errors or v
omissions of Consultant, its employees, agents or subcontractors in the performance of this
Agreement. _
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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 its W
expense, and be responsible for any and all payment of Income Tax, Social Security, State
Disability Insurance Compensation, Unemployment Compensation, and other payroll N
deductions for Consultant and its officers, agents, and employees, and all business licenses, if o
any are required, in connection with the services to be performed hereunder. o
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6.10 Ownership of Documents. All findings,reports, documents, information and N
data including,but not limited to, computer tapes or discs, files and tapes furnished or S
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 0
documents or information shall not be made available to any individual or organization
without the prior consent of City. Any use by the City of such documents for other projects
not contemplated by this Agreement, and any use of incomplete documents, shall be at the o
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 E
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 Q
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 N
additional cost to the City. Q
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6.11 Public Records Act Disclosure. Consultant has been advised and is aware that Q
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 CO
to City may be subject to public disclosure as required by the California Public Records Act w
(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
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that is designated as a trade secret. The City shall not, in any way,be liable or responsible for y
the disclosure of any trade secret including, without limitation, those records so marked if 0
disclosure is deemed to be required by law or by order of the Court. —
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6.12. Responsibility for Errors. Consultant shall be responsible for its work and o
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 o
attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all U
necessary design drawings, estimates and other Consultant professional services necessary to 3
rectify and correct the matter to the sole satisfaction of City and to participate in any meeting Q
required with regard to the correction. LO
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6.13. Prohibited Emplo Went. Consultant will not employ any regular employee of
City while this Agreement is in effect.
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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.
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6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation c
and negotiation of this Agreement and in the performance of its obligations hereunder except o
as expressly provided herein.
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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 od
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement. �a
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6.17. Headings. Paragraphs and subparagraph headings contained in this O
Agreement are included solely for convenience and are not intended to modify, explain or to d
be a full or accurate description of the content thereof and shall not in any way affect the E
meaning or interpretation of this Agreement. ,
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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 o
arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly y
by the parties and in accordance with its fair meaning. There shall be no presumption or Q
burden of proof favoring or disfavoring any party by virtue of the authorship of any of the N
provisions of this Agreement. Q
6.19 Amendments. Only a writing executed by the parties hereto or their respective °—°
successors and assigns may amend this Agreement. w
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
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5:F.b
EXHIBIT A
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. 0
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 c
shall any waiver constitute a continuing waiver. o
6.21. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not o
affect the validity or enforceability of the remaining terms and provisions hereof or of the U
offending provision in any other circumstance. 3
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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.
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6.23. Corporate Authori ty. The persons executing this Agreement on behalf of the g
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. N
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6.24 Damages. The Parties agree to waive any rights to incidental or consequential c
and punitive damages arising out of performance under this Agreement whether in torts or o
contracts or in law or in equity.
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5.F.b
EXHIBIT A
AGREEMENT FOR SERVICES FOR ON-CALL CONSTRUCTION
MANAGEMENT AND CONTRACT INSPECTION 0
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed 0
by and through their respective authorized officers, as of the date first above written.
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CITY OF SAN BERNARDINO, CONSULTANT o
A Municipal Corporation SA ASSOCIATES U
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By
Charles E. McNeely, City Manager Signature
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Name and Title >
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Approved as to form: o
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James F. Penman, N
City Attorney
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EXHIBIT A-1
*` SCOPE OF SERVICES
L CONTRACT CONSTRUCTION MANAGER
Provide a Construction Manager fully qualified and capable of performing the following duties c
and services which shall include, but not necessarily be limited to the following duties on an as- 2
assigned, as-needed basis:
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1. Provide contract administration for projects and coordinate with other construction, as 06
required. E
2. Perform constructability reviews of design plans and specifications. N
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3. Conduct an independent, complete, and in-depth review of the 95% PS&E package with v
field reviews with bidability/constructability/claims avoidance emphasis. v
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4. Prepare and maintain project schedules identifying the critical paths for expeditious o
project completion. L
5. Schedule and conduct pre-construction meetings with all stakeholders, including 0
preparations of agendas and minutes; and distribution to all applicable entities (not just "a
attendees) within three (3) working days.
6. Prepare agenda, conduct weekly construction progress meetings and distribute minutes a
within three (3) working days.
7. Schedule and conduct pre-construction and construction progress meetings (as necessary)
to discuss such matters as procedures, progress, problems, scheduling, and coordination =
and other project-related items. General construction progress meetings may be required 0
on a weekly basis until project(s) are completed. Primary attendees will include:
Utilities, Agencies, the City of San Bernardino, and the Contractor. Prepare meeting
agendas, and minutes for all meetings. The minutes shall be prepared and distributed to
all attendees within three (3) working days after the meeting. The minutes shall include,
but not be limited to, list of attendees with phone numbers and e-mail, synopsis of cn
discussion items, any pertinent information, action items, and follow-up to the action o
items. o..
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8. Schedule, facilitate, and attend public meetings as necessary. r
9. Check all applicable contract documents to ensure compliance with all applicable local,
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State, County, and Federal funding requirements.
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10. Manage budget and funding control to make sure that construction projects are completed w
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within available budget in all aspects. a
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11. Establish and maintain project controls and provide administrative, management, and r
related services necessary to coordinate the work of the Contractor and all sub- a
contractors in order to facilitate timely completion of the project in accordance with
contract documents and City objectives.
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Packet,Pg.47
EXHIBIT A-1
tk 12. Assist Contractors in obtaining any building, grading, and other construction permits
necessary for the project.
13. Prepare all submittals to local, State, County, and Federal over-sight agencies per their
j requirements. o
14. Prepare reimbursement requests and invoices for local, State, County, and Federal a
agencies, and other funding agencies.
15. Prepare agreements and Purchase Orders.
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16. Issue all necessary Notices to Proceed(NTP).
17. Review and process all invoices (City staff will approve).
18. Compose RFP's, NIP's, and Scopes of Services to retain other related design services, v
services of specialty Consultants/Contractors needed during construction, such as Design
Review, Surveying, Inspection, Geotechnical, Material Testing, etc.; coordinate and v
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schedule these services; and review proposals as necessary. o
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19. Provide, manage, coordinate, and ensure timely completion/approvals in response to all L
Requests for Information (RFI), shop drawings, product data samples, submittals, Change o
Notices, Intend to File Change Notices, and Construction Change Orders (CCO), as well v
as review, negotiations and issuance of the CCO to the Contractor.
20. Identify and report potential contractor claims and recommend resolution. Q
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21. Follow the established City procedures in processing CCO. Following is a brief outline
of the City's procedures:
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a. Review requests for CCO received from the Contractor. 0
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b. Recommend necessary or desirable project changes to the City with Design
Consultant's concurrence.
C. Assist the City with concurrence of the Design Consultant in CCO negotiations. in
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d. Submit recommendations to the City relative to change order requests. o
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e. Prepare the CCO (per City format), obtain project designer's concurrence, and
obtain Contractor and Design Consultant's signature on the CCO forms for the a
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City's consideration, review, and approval.
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f Prepare staff report(s) for City staff and City Council approval of CCO, if
necessary.
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22. Incorporate approved changes as they occur.
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23. Review, comment and recommend processing of invoices for progress and final
payments.
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EXHIBIT A-1
24. Oversee and ensure that all measures of the specific project's scope of services are
completed in a timely and professional manner with an emphasis on providing the City
with a high quality project.
25. Ensure adequate inspection coverage for assigned projects, coordinate and oversee o
project inspector(s) as assigned to those projects with the City Construction/Survey Q
Manager. c
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26. Obtain building permits and special permits for the improvements. The Consultant shall
verify that the applicable fees and assessments have been paid, and shall assist in
obtaining approvals from authorities having jurisdiction over the permits. r
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27. Schedule Building and Safety inspection of Electrical Service/Cabinets, footings,
specialty retaining walls, or as otherwise required.
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28. Coordinate and schedule SCE service for irrigation controller cabinets, traffic signal o
controllers, telephone service with the City's Telecommunications (or IT) personnel, U
needed water service, water meter(s), and re-location of water line, etc. with the local
water purveyor as necessary for each project. U
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29. Prepare necessary documentation and submittals for full compliance with Caltrans and Q
FHWA requirements including Authorization to Advertise, Authorization to Award,
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Authorization to Proceed with Construction and Final Report as required on federally-
funded projects.
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30. Review and process Requests for Information (RFI) including coordination with design o
engineers and architects.
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31. Enforce federal fund requirements to ensure that no federal funds are lost through de-
obligation or any other means. v
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32. Facilitate, coordinate, and oversee the ongoing daily actions required to completely N
provide the full level of intended services and ensure that the project meets all applicable
Federal, State, and local requirements. o
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33. Conduct interviews with the Contractor's and subcontractor's employees to ensure labor Q
compliance as described in the Caltrans LAPM.
34. Ensure that contractors' daily work efforts are documented by the assigned project w
inspector(s)per the appropriate oversight agency format or City format.
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35. The Consultant shall be required to document and submit weekly written progress reports
to the Engineer on multiple construction phases of the project, which shall include a
information on the Contractor and the Contractor's work, as well as the entire Project.
The Consultant shall also keep a daily log containing a record of weather, the Contractor,
work on the site, number of workers, craft or trades, equipment, subcontractors, work
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Packet Pg.49
EXHIBIT A-1
accomplished, problems encountered, and other similar relevant data as the Design
Consultant or City Project Manager may require. The Consultant shall make the log
available to the City in an acceptable City format.
36. Prepare the weekly statement of working days and send to the Contractor on a weekly c
basis.
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37. Maintain the record copies of the following:
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a. Plans, specifications, and contract documents with all changes and modifications. a,
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b. Permits. N
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c. Addenda(s), change order(s), shop drawings, product data, submittals, and samples. -
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d. Progress payments, inventories, and applicable codes. p
e. Contractor's reports, correspondence, certified payrolls, and accident reports.
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f. Survey and layout data and certifications, photographs of as-built locations and
depths.
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g. List of addresses, telephone and license numbers of General Contractor, all sub- v
contractors, material suppliers, and utility agencies.
h. Manage construction including, but not limited to day-to-day coordination of =
construction activities between the contractor, City Engineer, design engineer, N
architect, the public, Caltrans, SANBAG, County Transportation and Flood Control,
local Cities, railroads, State Department of Fish & Game, Corps or Engineers, State
Water Quality Control Board, utility companies and other agencies as appropriate. a
i. Administer contracts, including but not limited to, preparation and processing of
CO
progress payments, change orders, correspondence with the contractor, time o
management, scheduling and coordination of inspection and subconsultants, etc. a
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38. Manage specialty inspections, including coordination for all inspection and testing N
activities required to complete the project using City-contracted inspection and testing a
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consultants.
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39. Determine whether the work of the Contractor is being performed in accordance with the Y
requirements of the contract documents, and endeavor to guard the City against defects E
and deficiencies in such work. The Consultant shall make recommendations to the City u
Construction/Survey Manager regarding special inspection or testing of work not in r
accordance with the provisions of the contract documents whether or not such work is a
then fabricated, installed or completed. The Consultant shall also inform the City of
work that does not conform to the requirements of the contract documents. The
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5.F.c
EXHIBIT A-1
Consultant shall review the Contractor's recommendations for corrective action on
observed non-conforming work.
40. Compare Certified Payrolls with Inspection Reports, employee interview forms, and the
Prevailing Wage Rates, and verify proper payment in compliance with the project c
Specifications.
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41. Consult with the Design Consultant and City Construction/Survey Manager if any 6
contractor requests interpretations of the meaning and intent of the Plans, Specifications,
and Estimate(PS&E), and shall assist in the resolution of questions which may arise. a�
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42. Schedule with the City's Traffic Engineering Division to inspect new and modified traffic c
signals. The Consultant shall be responsible to document all work, including the Traffic 0
Engineering Division inspections in the Consultant's Daily Diary. —
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43. Provide administrative, management, and related services as required to coordinate work o
and to complete assigned projects in accordance with the City's objectives for cost, time,
and quality. The Consultant shall provide sufficient qualified personnel and management Y
to carry out the requirements of the project(s). 0
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44. Endeavor to achieve satisfactory performance from each of the contractors and
recommend courses of action to the Engineer when requirements of a contract are not Q
being fulfilled and the non-performing party will not take satisfactory corrective action LO
from the Consultant or Engineer.
45. Provide regular monitoring of the approved estimates of Total Construction Cost, _
showing actual costs for activities in progress, and estimates for uncompleted tasks. The .y
Consultant shall identify variances between actual and budgeted or estimated costs, and >
inform the City Construction/Survey Manager whenever Project costs exceed budgets or
estimates. a
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46. Maintain cost accounting records on authorized work performed under unit costs,
additional work performed on the basis of actual costs of labor and materials, or other o
work requiring accounting records. o
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47. Ensure that safety programs are developed by the Contractor as required by their contract
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documents, and coordinate the safety programs for the project(s). Q
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48. The Consultant shall not be responsible for the construction means, methods, techniques, w
sequences and procedures employed by contractors in performance of their contract(s)
with the City. The Consultant shall also not be responsible for the failure of contractors E
to carry out their work in accordance with the contract documents. The Consultant shall
be responsible, however, for any reports, advice or information provided to the Design w
Consultant regarding project(s) and the work(s) of contractors, including any information a
regarding the compliance of their work with the contract documents.
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EXHIBIT A-1
49. Observe the contractors' check-out of utilities, operational systems and equipment for
readiness, and assist in their initial start-up and testing.
50. Address any business owner's and property owner's concerns and inquiries.
0
51. Determine when the Contractor's work or a designated portion thereof is complete. The
Consultant shall prepare a list of incomplete or unsatisfactory items (punch list) and a �.
schedule for their completion. The Consultant shall coordinate the correction and =
completion of the Work.
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{ 52. Evaluate the completion of the work of the contractors and make recommendations to the
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City Construction/Survey Manager when work is ready for final inspection(s). The
Consultant shall assist the City Construction/Survey Manager in conducting final v
inspections and shall secure and transmit to the City Construction/Survey Manager —
required guarantees, affidavits, releases, and waivers. The Consultant shall also deliver v
keys, manuals, and record drawings to the City. p
53. Perform any necessary management services during the warranty period(s) of the L
construction contract(s). v
54. Coordinate close-out of the project(s), obtain necessary operation manuals, warranties, 3
guarantees, and other applicable necessary information. Provide all documentation in a Q
well-organized(binders, folders, CDs, etc.) manner in both electronic and hard copies.
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55. Obtain all releases and warranty bonds from the Contractor and sub-contractors. Provide
all documentation in a well organized (binders, folders, CDs, etc.) manner in electronic C
and hard copies. 2
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56. Deliver final completed project(s) to the City which is in compliance with the PS&E
package, and all applicable codes, standards and requirements. CD
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57. Provide a redline set of as-built plans to the Design Consultant to place as-built in
information on the project original drawings (ie. mylars). o
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58. Prepare status report for project close-out, prepare Staff Report for project acceptance �0
and assist with filing of Notice of Completion. r
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59. Present the City with a complete project close-out file.
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60. Perform such other project related duties as may be required by the City.
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61. If still contracted with the City, perform warranty walk within one (1) year of the Notice
of Completion of each project assigned.
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62. Maintain continuous 24-hour telephone accessibility during construction activity for
emergency use.
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S.F.c
EXHIBIT A-1
63. The Consultant shall provide documentation (e.g. memorandum, letter, email, etc.) to the
Contractor, City Project Manager, City Construction/Survey Manager, etc., regarding all
important issues, decisions, and discussions within three(3)working days.
64. Registration as a Civil Engineer or a Land Surveyor in California is highly desirable. o
2
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65. Report directly to the City Construction/Survey Manager and act as a liaison between the N
City and all project stakeholders in order to accomplish the full project services intended
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by the City.
66. The Consultant does not have authority to make changes or deviations from the Plans and
Specifications, except as authorized by the Design Consultant and City o
Construction/Survey Manager. U
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67. The extent of the duties, responsibilities, and limitations of authority of Consultant as a
representative of the City during the construction shall not be modified or extended o
without the written consent of the City Construction/Survey Manager.
68. Maintain all project files in accordance with the City boiler format or as otherwise
directed by the City Construction/Survey Manager.
69. Maintain consistent communication (daily or weekly, depending on project a
activity/complexity)with the City Construction/Survey Manager.
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II. CONTRACT INSPECTOR
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Consultant may be requested to designate one or more "Contract Inspectors" who shall be fully •y
qualified to perform,but not be limited to the following services:
1. In general, the Consultant Contract Inspector shall have the necessary experience and
know-how of construction equipment, materials, methods, and workmanship for the
specific work to be performed on the projects. The Consultant Contract Inspector shall Cn
be able to understand and interpret Plans and Specifications and shall be familiar with the o
current Greenbook (Standard Specifications for Public Works Construction), Caltrans o
Standard Specifications, City Standards, and OSHA Construction Safety Orders. The in
Consultant Contract Inspector shall be able to interact professionally with contractors, r
engineers, property owners, business owners, and the public at large; coordinate with Q
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other City personnel; promote quality customer service; and respond promptly and
courteously to requests. The Consultant Contract Inspector shall be able to follow verbal w
and written instructions, communicate clearly and concisely,both orally and in writing.
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2. Review Plans and Specifications at 35% design completion, and 95% design completion. U
Upon receipt of plans, specifications and estimate package performs Constructability Y
review and prepares response in writing with recommended modifications to be Q
incorporated prior to receipt of bids, and again thoroughly prior to pre-construction
meetings.
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EXHIBIT A-1
3. Inspects construction of streets, curbs, gutters, median islands, storm drains, sewers,
sidewalks, water lines, alleys, traffic signals, bridges, seismic/safety retrofit of structures,
and related work; inspects street paving performed under contract for compliance with
plans and specifications; inspects new street light installation and relocation of existing o
street lights, inspects new traffic signals and relocation of existing traffic signals, block
walls, fencing, irrigation systems, concrete guard rails, street striping, signing and other N
assigned Public Works inspection projects; assures NPDES compliance; inspects ADA 6
access ramps. E
4. Establish effective communications with the Contractor, other agencies, utilities, and
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business and property owners.
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5. Ensure compliance with the Plans, Specifications, and other requirements, such as, but 01
not limited to, the Contract, Traffic Control, Cal/OSHA Standards, Contract Change U
Order (CCO), Permits, Standard Plans, checking line, grade, size, elevation, and location o
of improvements.
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6. Monitor extra work.
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7. Perform project oversight for the monitoring of traffic control, damage to infrastructure, -Ea
and replacement of infrastructure to City Standards. 3
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8. Attend weekly construction meetings.
9. Keep daily diaries (log) with a format acceptable to the City, fill out Incident (accident)
Reports, and take pictures of the project. A daily Inspection Report identifying work o
done by the Contractor shall be submitted to the respective City Project Manager and the
City Construction/Survey Manager on the next business day for review and filing.
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10. Document all Contractor delays, reasons for delay, length of time for delay, and Phases a
of work.
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11. Monitor and provide supporting documentation on the personnel and equipment that is o
involved with any extra work performed by the Contractor. a
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12. During the course of inspection and monitoring of the work, if the Consultant Inspector cn
observes an unsafe situation, he shall notify the Contractor of the violation and provide Q
written notification of such infraction to the Contractor and both verbal and a copy of the
written notification to the City Construction/Survey Manager. If the Contractor refuses x
to comply,the Consultant Contract Inspector shall also notify Cal OSHA. w
13. Measure and tabulate contract quantities. E
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14. Review the Contractor's invoices,verify completed work, and approve all quantities.
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15. Prepare a list of items for correction(punch list) and prepare redlined as-built plans.
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5.F.c
EXHIBIT A-1
16. The Consultant Inspector does not have the authority to allow deviations from the
Contract Plans and Specifications.
17. Possess a digital camera that provide date and time, and shall provide annotated digital
images of the project to the City of San Bernardino in an acceptable"jpg" format. o
2
18. Possess a vehicle and a mobile phone for immediate contact by the City, show proof of a Q
valid California's driver's license, and insurance. Possess a portable laptop with wireless
internet/email capabilities shall be necessary. xs
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19.Normal working hours are from 7:00 a.m. to 4:00 p.m. with a 1 hour lunch break;
however, the Contractor may be allowed to start earlier to minimize disruption to y
business and intersection work which may be performed at night with written o
authorization from the City. Some projects will require fulltime night work.
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20. Tests and reports on construction materials; determines whether construction and o
inspection are in conformity with safety regulations; reports work not in accordance with
specifications and recommends work stoppage for noncompliance.
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21. Prepares final punch list and submits to contractor prior to final inspection; schedules L)
Final Inspection and follows through resolving punch list. E
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22. Inspects work assignments to ensure satisfactory completion; investigates complaints and a
consults with the public; delivers and picks up plans and specifications; attends meetings 1*
related to the project to which the Contract Inspector is assigned; provides written daily
reports on the progress of the work to the City Engineer of his designee in a form M
acceptable to the City Engineer of his designee. o
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23. Assists the City Engineer or his designee in the evaluation of recommended changes to �
the work, however, the Contract Inspector shall have no authority to authorize changes to Cn
the work. He/she shall promptly advise the City Engineer or his designee when a change
to the work appears necessary.
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24. Perform other related duties as required.
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Exhibi
SCHEDULE OF PRICES SA
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CITY OF SAN BERNARDINO
ON-CALL PROFESSIONAL
CONSTRUCTION MANAGEMENT AND INSPECTION SERVICES
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HOURLY CHARGE RATE AND EXPENSE REIMBURSEMENT SCHEDULE
January 1,2012 to June 30,2013 c
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Principal-in-Charge...................... c
Construction Manager................ $120.00 L
Engineer.............. $105.00 =
Quality Assurance/Quality Control ....... $140.00
AutoCAD Designer.............................. $ 92.00
Construction Inspector......................... $ 95.00 �?
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Secretary $ 75.00 O
Two-Man Survey Crew... $250.00
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Reimbursable In-House Costs U
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Photo Copies $.0.15/each
Blueprints $0.50/S.F. Q
Delivery Service, Express Mail At Cost+ 15% LO
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NOTE: All rates listed above are effective to June 30, 2013.
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Date Auqust 9,2011 W
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City of San Bernardino: Proposal for On-Call Construction Management&Inspection HCR
Packet Pg,_56
EXHIBIT B
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AGREEMENT FOR SERVICES FOR ON-CALL CONSTRUCTION =
MANAGEMENT AND CONTRACT INSPECTION O
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THIS AGREEMENT is made and entered into this 6th day of February, 2012
("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city 0
("City"), and WILLDAN ENGINEERING("Consultant"). 20
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WITNESSETH : a
A. WHEREAS, City proposes to have Consultant perform the On-Call Construction
Management and Contract Inspection Services described herein below; and N
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B. WHEREAS, Consultant represents that it has that degree of specialized expertise N
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and N
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C. WHEREAS, City and Consultant desire to contract for specific services in connection N
with the services described below and desire to set forth their rights, duties and liabilities in o
connection with the services to be performed; and L
D. WHEREAS, no official or employee of City has a financial interest, within the U
provisions of California Government Code, Sections 1090-1092, in the subject matter of this o
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Agreement. a
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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 (D
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1.1. Scope of Services. Contractor shall furnish On-Call Construction
Management and Contract Inspection Services to City in accordance with Exhibit B-1 Q
"Scope of Services", attached and incorporated herein, and the Contractor's proposal, dated c
August 9, 2011, a copy of which is on file in the office of the City Engineer.
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1.2. Professional Practices. All professional services to be provided by Consultant w
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 o0
may affect its performance of this Agreement and shall advise City of any changes in any
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laws that may affect Consultant's performance of this Agreement.
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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
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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 and hold harmless City from and against all claims, demands, payments, suits, o
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 c0
performance under this Agreement.
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1.4. Non-discrimination. In performing this Agreement, Consultant shall not Q
engage in, nor permit its agents to engage in, discrimination in employment of persons v
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 N
protected by law, except as permitted pursuant to Section 12940 of the Government Code. o
Violation of this provision may result in the imposition of penalties referred to in Labor N
Code, Section 1735.
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1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into M
agreements with other consultants for services similar to the services that are subject to this N
Agreement or may have its own employees perform services similar to those services o
contemplated by this Agreement.
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1.6. Delegation and Assignment. This is a personal service contract, and the duties U
set forth herein shall not be delegated or assigned to any person or entity without the prior o
written consent of City.
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1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
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1.8. Du ty of Loyalty/Conflict of Interest: The Consultant understands and agrees
that Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing E
Consultant's obligations under this Agreement. Consultant, in performing its obligations
under this Agreement, is governed by California's conflict of interest laws, Government a
Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et M
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seq.
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1.8.1 Prior to performing any services to City under this Agreement, Consultant w
shall provide the City Engineer a written list of the Assessor Parcel Numbers and general R
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 m
basis during the entire term of this Agreement.
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1.8.2 Consultant shall not work on any task that is related to any real property that w
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.
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EXHIBIT B
2.0. COMPENSATION AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for O
such on-call services in accordance with Exhibit B-2 "Schedule of Hourly Rates," dated U
January 3, 2012, attached and incorporated herein, subject to an aggregate limit of$300,000
in payment for work performed by all consultants performing On-Call Geotechnical 0
Investigations and Construction Material Testing. City shall distribute work among its
consultants in a manner that best meets the needs of the City. City makes no guarantee to 3
Consultant regarding the amount and/or the dollar value of the work assigned to Consultant. Q
LO
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2.2. Additional Services. Consultant shall not receive compensation for any
services provided outside the scope of services specified in the Response unless the City or N
its Managing Engineer for this Project, prior to Consultant performing the additional o
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. N
2.3. Method of Billing. Consultant may submit invoices to City's Managing N
Engineer for approval on a progress basis, but no more often than monthly. Said invoice o
shall be based on the total of all Consultant's services which have been completed to City's L
sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date o
City receives said invoice. Each invoice shall describe in detail, the services performed and 0
the associated time for completion. Any additional services approved and performed o
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. N
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2.4. Records and Audits. Records of Consultant's services relating to this 06
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Agreement shall be maintained in accordance with generally recognized accounting
principles and shall be made available to City or its Managing Engineer for inspection and/or
audit at mutually convenient times for a period of three(3)years from the Effective Date. E
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3.0. TIME OF PERFORMANCE Q
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3.1. Commencement and Completion of Work. The obligation to perform the a
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 w
compliance with the Project Schedule issued by the Managing Engineer. 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, w
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 �
0
4.1. Term. This Agreement shall commence on the Effective Date and continue
through June 30, 2013, unless previously terminated as provided herein or as otherwise
agreed to in writing by the parties. An administrative extension of one additional year may be 0
authorized, subject to the prior written agreement of both parties. 720
3
4.2. Notice of Termination. The City reserves and has the right and privilege of a
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. The termination of this Agreement shall be deemed effective upon N
receipt of the notice of termination. In the event of such termination, Consultant shall C
immediately stop rendering services under this Agreement unless directed otherwise by the N
City. 0
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4.3. Compensation. In the event of termination, City shall pay Consultant for T
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reasonable costs incurred and professional services satisfactorily performed up to and N
including the date of City's written notice of termination. Compensation for work in c
progress shall be prorated as to the percentage of work completed as of the effective date of L
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 U
Agreement, consideration shall be given to both completed work and work in progress, to 0
complete and incomplete drawings, and to other documents pertaining to the services a
contemplated herein whether delivered to the City or in the possession of the Consultant. N
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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, U
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 E
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 a
liability or legal expense to Consultant. c
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5.0. INSURANCE
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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, m
products/completed operations, broad form property damage, blanket
contractual liability, independent contractors, personal injury with a Fn
policy limit of not less than One Million Dollars ($1,000,000.00), x
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combined single limits,per occurrence and aggregate.
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(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars .2
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EXHIBIT B
($1,000,000.00), combined single limits, per occurrence and
aggregate.
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(c) Workers' compensation insurance as required by the State of
California. w
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(d) Professional errors and omissions ("E&O") liability insurance with "a
policy limits of not less than One Million Dollars ($1,000,000.00), 3
combined single limits, per occurrence and aggregate. Consultant Q
shall obtain and maintain, said E&O liability insurance during the life a
of this Agreement and for three years after completion of the work
hereunder.
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5.2. Endorsements. The comprehensive general liability insurance policy shall N
contain or be endorsed to contain the following provisions:
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(a) Additional insureds: "The City of San Bernardino and its elected and
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appointed boards, officers, agents, and employees are additional N
insureds with respect to this contract with City." o
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(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor o
the coverage reduced,until thirty(30) days after written notice is given 0
to City." o
(c) Other insurance: "Any other insurance maintained by the City of San U)
Bernardino shall be excess and not contributing with the insurance C
provided by this policy."
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5.3. Certificates of Insurance. Consultant shall provide to City certificates of a
insurance showing the insurance coverages and required endorsements described above, in a E
form and content approved by City,prior to performing any services under this Agreement.
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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.
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6.0. GENERAL PROVISIONS C
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 m
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 co
prevail over any inconsistent provision in any other contract document appurtenant hereto, w
including exhibits to this Agreement.
6.2. Representatives. The City Engineer or his designee shall be the representative
of City for purposes of this Agreement and may issue all consents, approvals, directives and Q
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agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement. _
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Consultant shall designate a representative for purposes of this Agreement U
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 0
Agreement.
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6.3. Project Managers. City shall designate a Managing Engineer to work directly Q
with Consultant in the performance of this Agreement. v
Consultant shall designate a Contract Inspector(s) who shall represent it and N
be its agent in all consultations with City during the term of this Agreement. Consultant or o
its Contract Inspector(s) shall attend and assist in all coordination meetings called by City. .2
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6.4. Notices. Any notices, documents, correspondence or other communications W-
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concerning this Agreement or the work hereunder may be provided by personal delivery,
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facsimile or mail and shall be addressed as set forth below. Such communication shall be N
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; L
and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if o
such communication is sent through regular United States mail.
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IF TO CONSULTANT: IF TO CITY: a
Chris Baca, RCI Robert Eisenbeisz, P.E. �-
Deputy Director City Engineer
Willdan Engineering 300 North"D" Street g
650 E. Hospitality Lane, Suite 400 San Bernardino, Ca 92418
San Bernardino, CA 92408
Fax: 909-888-5107 Fax: 909-384-5190 E
Tel: 909-386-0200 Tel: 909-384-5203
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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 w
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 connection with that litigation shall be considered M
as "attorneys' fees" for the purposes of this Agreement. L
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6.6. Governing Law. This Agreement shall be governed by and construed under w
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 4)
parties hereto agree that the sole and exclusive venue shall be a court of competent
CU
jurisdiction located in San Bernardino County, California.
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EXHIBIT B
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` 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 o
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 0
Consultant of Consultant's obligation to perform all other obligations to be performed by
Consultant hereunder for the term of this Agreement. 3
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6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, LO
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, causes of action, liabilities, expenses, including attorney N
fees, damage to property or injuries to or death of any person or persons or damages of any o
nature including, but not by way of limitation, all civil claims or workers' compensation N
claims, arising out of or in any way connected with the intentional or negligent acts, errors or
omissions of Consultant, its employees, agents or subcontractors in the performance of this N
Agreement. r
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6.9. Independent Contractor. Consultant is and shall be acting at all times as an o
independent contractor and not as an employee of City. Consultant shall secure, at its L
expense, and be responsible for any and all payment of Income Tax, Social Security, State o
Disability Insurance Compensation, Unemployment Compensation, and other payroll U
deductions for Consultant and its officers, agents, and employees, and all business licenses, if o
any are required, in connection with the services to be performed hereunder. a
6.10 Ownership of Documents. All findings, reports, documents, information and C
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 E
without the prior consent of City. Any use by the City of such documents for other projects
not contemplated by this Agreement, and any use of incomplete documents, shall be at the a
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 w
Consultant. Consultant shall deliver to City any findings,reports, documents, information, C
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. m
6.11 Public Records Act Disclosure. Consultant has been advised and is aware that M
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all reports, documents, information and data including, but not limited to, computer tapes, w
discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided r
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 r
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EXHIBIT B
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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 O
the disclosure of any trade secret including, without limitation, those records so marked if R
disclosure is deemed to be required by law or by order of the Court.
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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 3
explanation as may be required by the City's representative, regarding any services rendered a
under this Agreement at no additional cost to City. In the event that an error or omission to
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 N
rectify and correct the matter to the sole satisfaction of City and to participate in any meeting o
required with regard to the correction. .2
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6.13. Prohibited Employment. Consultant will not employ any regular employee of
City while this Agreement is in effect. r
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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 c
Agreement shall prevail. o
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6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation o
and negotiation of this Agreement and in the performance of its obligations hereunder except a
r►° as expressly provided herein. y
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the 06
2
sole benefit of City and Consultant and no other parties are intended to be direct or incidental U
beneficiaries of this Agreement and no third party shall have any right in, under or to this
Agreement. v
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6.17. Headings. Paragraphs and subparagraph headings contained in this a
Agreement are included solely for convenience and are not intended to modify, explain or to CD
be a full or accurate description of the content thereof and shall not in any way affect the
meaning or interpretation of this Agreement.
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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 co
burden of proof favoring or disfavoring any party by virtue of the authorship of any of the L-
provisions of this Agreement.
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6.19 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement. CD
6.20. Waiver. The delay or failure of either party at any time to require Y
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EXHIBIT B
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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 O
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 0
shall any waiver constitute a continuing waiver. "Ea
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6.21. Severability. If any provision of this Agreement is determined by a court of Q
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 r
offending provision in any other circumstance. N
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6.22. Counterparts. This Agreement may be executed in one or more counterparts, .2
each of which shall be deemed an original. All counterparts shall be construed together and
shall constitute one agreement. N
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6.23. Corporate Authority. The persons executing this Agreement on behalf of the N
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of c
said parties and that by doing so, the parties hereto are formally bound to the provisions of
this Agreement. c
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6.24 Damages. The Parties agree to waive any rights to incidental or consequential o
and punitive damages arising out of performance under this Agreement whether in torts or
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contracts or in law or in equity. y
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EXHIBIT B
AGREEMENT FOR SERVICES FOR ON-CALL CONSTRUCTION
MANAGEMENT AND CONTRACT INSPECTION v
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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. 0
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CITY OF SAN BERNARDINO, CONSULTANT 3
A Municipal Corporation WILLDAN ENGINEERING Q
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By o
Charles E. McNeely, City Manager Signature N
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Name and Title r
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Approved as to form: U
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James F. Penman, U
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City Attorney N
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By
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EXHIBIT B-1
SCOPE OF SERVICES
I. CONTRACT CONSTRUCTION MANAGER
Provide a Construction Manager fully qualified and capable of performing the following duties c
and services which shall include, but not necessarily be limited to the following duties on an as- 2
assigned, as-needed basis: �.
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1. Provide contract administration for projects and coordinate with other construction, as xs
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required. a�
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2. Perform constructability reviews of design plans and specifications.
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's. 3. Conduct an independent, complete, and in-depth review of the 95% PS&E package with �?
field reviews with bidability/constructability/claims avoidance emphasis. v
4. Prepare and maintain project schedules identifying the critical paths for expeditious
project completion. M
5. Schedule and conduct pre-construction meetings with all stakeholders, including 0
preparations of agendas and minutes; and distribution to all applicable entities (not just
attendees) within three (3) working days. 3
z 6. Prepare agenda, conduct weekly construction progress meetings and distribute minutes a
within three (3)working days.
7. Schedule and conduct pre-construction and construction progress meetings (as necessary)
to discuss such matters as procedures, progress, problems, scheduling, and coordination =
and other project-related items. General construction progress meetings may be required 0
on a weekly basis until project(s) are completed. Primary attendees will include:
Utilities, Agencies, the City of San Bernardino, and the Contractor. Prepare meeting L
agendas, and minutes for all meetings. The minutes shall be prepared and distributed to W
all attendees within three (3) working days after the meeting. The minutes shall include,
but not be limited to, list of attendees with phone numbers and e-mail, synopsis of in
discussion items, any pertinent information, action items, and follow-up to the action c
items. c.
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8. Schedule, facilitate, and attend public meetings as necessary.
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9. Check all applicable contract documents to ensure compliance with all applicable local, ».
State, County, and Federal funding requirements. X
10. Manage budget and funding control to make sure that construction projects are completed W
within available budget in all aspects.
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11. Establish and maintain project controls and provide administrative, management, and a
related services necessary to coordinate the work of the Contractor and all sub- Q
contractors in order to facilitate timely completion of the project in accordance with
contract documents and City objectives.
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EXHIBIT B-1
12. Assist Contractors in obtaining any building, grading, and other construction permits
necessary for the project.
13. Prepare all submittals to local, State, County, and Federal over-sight agencies per their
requirements. o
14. Prepare reimbursement requests and invoices for local, State, County, and Federal a
agencies, and other funding agencies.
15. Prepare agreements and Purchase Orders. 06
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16. Issue all necessary Notices to Proceed (NTP).
17. Review and process all invoices (City staff will approve).
18. Compose RFP's, NIP'S, and Scopes of Services to retain other related design services, 0
w services of specialty Consultants/Contractors needed during construction, such as Design
Review, Surveying, Inspection, Geotechnical, Material Testing, etc.; coordinate and
schedule these services; and review proposals as necessary. O
w 19. Provide, manage, coordinate, and ensure timely completion/approvals in response to all a
k, Requests for Information (RFI), shop drawings, product data samples, submittals, Change c
Notices, Intend to File Change Notices, and Construction Change Orders (CCO), as well v
as review, negotiations and issuance of the CCO to the Contractor.
20. Identify and report potential contractor claims and recommend resolution. Q
21. Follow the established City procedures in processing CCO. Following is a brief outline
of the City's procedures:
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a. Review requests for CCO received from the Contractor.
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b. Recommend necessary or desirable project changes to the City with Design
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Consultant's concurrence.
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C. Assist the City with concurrence of the Design Consultant in CCO negotiations. co
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d. Submit recommendations to the City relative to change order requests. c
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e. Prepare the CCO (per City format), obtain project designer's concurrence, and r
obtain Contractor and Design Consultant's signature on the CCO forms for the 0°
City's consideration,review, and approval. -2
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f. Prepare staff report(s) for City staff and City Council approval of CCO, if
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necessary. 0
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22. Incorporate approved changes as they occur. w
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23. Review, comment and recommend processing of invoices for progress and final
payments.
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EXHIBIT B-I
24. Oversee and ensure that all measures of the specific project's scope of services are
completed in a timely and professional manner with an emphasis on providing the City
with a high quality project.
25. Ensure adequate inspection coverage for assigned projects, coordinate and oversee o
project inspector(s) as assigned to those projects with the City Construction/Survey Q
Manager.
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26. Obtain building permits and special permits for the improvements. The Consultant shall E
verify that the applicable fees and assessments have been paid, and shall assist in
obtaining approvals from authorities having jurisdiction over the permits. N
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27. Schedule Building and Safety inspection of Electrical Service/Cabinets, footings, U
specialty retaining walls, or as otherwise required. ru
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28. Coordinate and schedule SCE service for irrigation controller cabinets, traffic signal 0,.
controllers, telephone service with the City's Telecommunications (or IT) personnel,
needed water service, water meter(s), and re-location of water line, etc. with the local
water purveyor as necessary for each project. L)
29. Prepare necessary documentation and submittals for full compliance with Caltrans and a
FHWA requirements including Authorization to Advertise, Authorization to Award,
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Authorization to Proceed with Construction and Final Report as required on federally-
funded projects.
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30. Review and process Requests for Information (RFI) including coordination with design o
engineers and architects. M
31. Enforce federal fund requirements to ensure that no federal funds are lost through de-
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obligation or any other means.
32. Facilitate, coordinate, and oversee the ongoing daily actions required to completely
provide the full level of intended services and ensure that the project meets all applicable
Federal, State, and local requirements. o
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33. Conduct interviews with the Contractor's and subcontractor's employees to ensure labor m
compliance as described in the Caltrans LAPM. �=
34. Ensure that contractors' daily work efforts are documented by the assigned project w
inspector(s)per the appropriate oversight agency format or City format.
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35. The Consultant shall be required to document and submit weekly written progress reports
to the Engineer on multiple construction phases of the project, which shall include a
information on the Contractor and the Contractor's work, as well as the entire Project.
The Consultant shall also keep a daily log containing a record of weather, the Contractor,
® work on the site, number of workers, craft or trades, equipment, subcontractors, work
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Packet Pg. 69
EXHIBIT B-1
' accomplished, problems encountered, and other similar relevant data as the Design
Consultant or City Project Manager may require. The Consultant shall make the log
available to the City in an acceptable City format.
36. Prepare the weekly statement of working days and send to the Contractor on a weekly c
basis.
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37. Maintain the record copies of the following: a
a. Plans, specifications, and contract documents with all changes and modifications. E,
b. Permits. N
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c. Addenda(s), change order(s), shop drawings,product data, submittals, and samples. —
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d. Progress payments, inventories, and applicable codes. O
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e. Contractor's reports, correspondence, certified payrolls, and accident reports.
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f. Survey and layout data and certifications, photographs of as-built locations and
depths. 3
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g. List of addresses, telephone and license numbers of General Contractor, all sub- LO
contractors, material suppliers, and utility agencies.
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h. Manage construction including, but not limited to day-to-day coordination of =
construction activities between the contractor, City Engineer, design engineer, 2
architect, the public, Caltrans, SANBAG, County Transportation and Flood Control,
local Cities, railroads, State Department of Fish & Game, Corps or Engineers, State
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Water Quality Control Board, utility companies and other agencies as appropriate.
i. Administer contracts, including but not limited to, preparation and processing of in
progress payments, change orders, correspondence with the contractor, time o
management, scheduling and coordination of inspection and subconsultants, etc. o
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38. Manage specialty inspections, including coordination for all inspection and testing
activities required to complete the project using City-contracted inspection and testing m
consultants.
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39. Determine whether the work of the Contractor is being performed in accordance with the
requirements of the contract documents, and endeavor to guard the City against defects 0
and deficiencies in such work. The Consultant shall make recommendations to the City
Construction/Survey Manager regarding special inspection or testing of work not in w
accordance with the provisions of the contract documents whether or not such work is a
then fabricated, installed or completed. The Consultant shall also inform the City of
work that does not conform to the requirements of the contract documents. The
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Packet P4,70
EXHIBIT B-1
Consultant shall review the Contractor's recommendations for corrective action on
observed non-conforming work.
40. Compare Certified Payrolls with Inspection Reports, employee interview forms, and the
Prevailing Wage Rates, and verify proper payment in compliance with the project o
Specifications.
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41. Consult with the Design Consultant and City Construction/Survey Manager if any E
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contractor requests interpretations of the meaning and intent of the Plans, Specifications,
and Estimate (PS&E), and shall assist in the resolution of questions which may arise. a�
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42. Schedule with the City's Traffic Engineering Division to inspect new and modified traffic
signals. The Consultant shall be responsible to document all work, including the Traffic 0
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Engineering Division inspections in the Consultant's Daily Diary. —
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43. Provide administrative, management, and related services as required to coordinate work o
and to complete assigned projects in accordance with the City's objectives for cost, time,
and quality. The Consultant shall provide sufficient qualified personnel and management
to carry out the requirements of the project(s). 0
44. Endeavor to achieve satisfactory performance from each of the contractors and
recommend courses of action to the Engineer when requirements of a contract are not 4
being fulfilled and the non-performing party will not take satisfactory corrective action LO
from the Consultant or Engineer.
45. Provide regular monitoring of the approved estimates of Total Construction Cost, _
showing actual costs for activities in progress, and estimates for uncompleted tasks. The
Consultant shall identify variances between actual and budgeted or estimated costs, and
inform the City Construction/Survey Manager whenever Project costs exceed budgets or
estimates. y
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46. Maintain cost accounting records on authorized work performed under unit costs, in
additional work performed on the basis of actual costs of labor and materials, or other o
work requiring accounting records. o
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47. Ensure that safety programs are developed by the Contractor as required by their contract
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documents, and coordinate the safety programs for the project(s). 0°
48. The Consultant shall not be responsible for the construction means, methods, techniques, w
sequences and procedures employed by contractors in performance of their contract(s)
with the City. The Consultant shall also not be responsible for the failure of contractors
to carry out their work in accordance with the contract documents. The Consultant shall
be responsible, however, for any reports, advice or information provided to the Design w
Consultant regarding project(s) and the work(s) of contractors, including any information Q
regarding the compliance of their work with the contract documents.
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EXHIBIT B-I
49. Observe the contractors' check-out of utilities, operational systems and equipment for
readiness, and assist in their initial start-up and testing.
50. Address any business owner's and property owner's concerns and inquiries.
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5 1. Detennine when the Contractor's work or a designated portion thereof is complete. The
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Consultant shall prepare a list of incomplete or unsatisfactory items (punch list) and a
s hedule for their completion. The Consultant shall coordinate the correction and
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c mpletion of the Work.
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52. Evaluate the completion of the work of the contractors and make recommendations to the
City Construction/Survey Manager when work is ready for final inspection(s). The
Consultant shall assist the City Construction/Survey Manager in conducting final 0
inspections and shall secure and transmit to the City Construction/Survey Manager
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required guarantees, affidavits, releases, and waivers. The Consultant shall also deliver
keys, manuals, and record drawings to the City. 0
53. Perform any necessary management services during the warranty period(s) of the
construction contract(s). 0
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54. Coordinate close-out of the project(s), obtain necessary operation manuals, warranties,
guarantees, and other applicable necessary information. Provide all documentation in a
well-organized(binders, folders, CDs, etc.) manner in both electronic and hard copies.
AVON,
55. Obtain all releases and warranty bonds from the Contractor and sub-contractors. Provide
all documentation in a well organized (binders, folders, CDs, etc.) manner in electronic
and hard copies. .2
56. Deliver final completed project(s) to the City which is in compliance with the PS&E
package, and all applicable codes, standards and requirements.
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57. Provide a redline set of as-built plans to the Design Consultant to place as-built Cn
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information on the project original drawings (ie. mylars). 0
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58. Prepare status report for project close-out, prepare Staff Report for project acceptance U
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and assist with filing of Notice of Completion. T_
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59. Present the City with a complete project close-out file.
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60. Perform such other project related duties as may be required by the City.
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61. If still contracted with the City, perform warranty walk within one (1) year of the Notice
of Completion of each project assigned.
62. Maintain continuous 24-hour telephone accessibility during construction activity for
emergency use.
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Packet Pg.72
EXHIBIT B-1
63. The Consultant shall provide documentation (e.g. memorandum, letter, email, etc.) to the
Contractor, City Project Manager, City Construction/Survey Manager, etc., regarding all
important issues, decisions, and discussions within three (3)working days.
64. Registration as a Civil Engineer or a Land Surveyor in California is highly desirable. o
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65. Report directly to the City Construction/Survey Manager and act as a liaison between the
City and all project stakeholders in order to accomplish the full project services intended 6
by the City.
66. The Consultant does not have authority to make changes or deviations from the Plans and
Specifications, except as authorized by the Design Consultant and City o
Construction/Survey Manager.
67. The extent of the duties, responsibilities, and limitations of authority of Consultant as a
representative of the City during the construction shall not be modified or extended o
without the written consent of the City Construction/Survey Manager.
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68. Maintain all project files in accordance with the City boiler format or as otherwise U
directed by the City Construction/Survey Manager.
69. Maintain consistent communication (daily or weekly, depending on project q
activity/complexity)with the City Construction/Survey Manager. LO
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II. CONTRACT INSPECTOR
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Consultant may be requested to designate one or more "Contract Inspectors" who shall be fully .N
qualified to perform,but not be limited to the following services: >
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1. In general, the Consultant Contract Inspector shall have the necessary experience and W
know-how of construction equipment, materials, methods, and workmanship for the
specific work to be performed on the projects. The Consultant Contract Inspector shall U)
be able to understand and interpret Plans and Specifications and shall be familiar with the o
current Greenbook (Standard Specifications for Public Works Construction), Caltrans o
Standard Specifications, City Standards, and OSHA Construction Safety Orders. The in
Consultant Contract Inspector shall be able to interact professionally with contractors,
engineers, property owners, business owners, and the public at large; coordinate with m
other City personnel; promote quality customer service; and respond promptly and 72
courteously to requests. The Consultant Contract Inspector shall be able to follow verbal w
and written instructions, communicate clearly and concisely,both orally and in writing.
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2. Review Plans and Specifications at 35% design completion, and 95% design completion.
Upon receipt of plans, specifications and estimate package performs Constructability
review and prepares response in writing with recommended modifications to be a
incorporated prior to receipt of bids, and again thoroughly prior to pre-construction
meetings.
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Packet Pg. 73
EXHIBIT B-1
3. Inspects construction of streets, curbs, gutters, median islands, storm drains, sewers,
sidewalks, water lines, alleys, traffic signals, bridges, seismic/safety retrofit of structures,
and related work; inspects street paving performed under contract for compliance with
plans and specifications; inspects new street light installation and relocation of existing o
street lights, inspects new traffic signals and relocation of existing traffic signals, block U
walls, fencing, irrigation systems, concrete guard rails, street striping, signing and other �.
assigned Public Works inspection projects; assures NPDES compliance; inspects ADA
access ramps.
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4. Establish effective communications with the Contractor, other agencies, utilities, and
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business and property owners.
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5. Ensure compliance with the Plans, Specifications, and other requirements, such as, but
not limited to, the Contract, Traffic Control, Cal/OSHA Standards, Contract Change U
Order (CCO), Permits, Standard Plans, checking line, grade, size, elevation, and location o
of improvements.
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6. Monitor extra work. c
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7. Perform project oversight for the monitoring of traffic control, damage to infrastructure,
and replacement of infrastructure to City Standards.
8. Attend weekly construction meetings. LO
9. Keep daily diaries (log) with a format acceptable to the City, fill out Incident (accident)
Reports, and take pictures of the project. A daily Inspection Report identifying work =
done by the Contractor shall be submitted to the respective City Project Manager and the 2
City Construction/Survey Manager on the next business day for review and filing.
10. Document all Contractor delays, reasons for delay, length of time for delay, and Phases Cn
of work.
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E 11. Monitor and provide supporting documentation on the personnel and equipment that is -
involved with any extra work performed by the Contractor. a
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12. During the course of inspection and monitoring of the work, if the Consultant Inspector v>
observes an unsafe situation, he shall notify the Contractor of the violation and provide m
written notification of such infraction to the Contractor and both verbal and a copy of the �=
written notification to the City Construction/Survey Manager. If the Contractor refuses x
to comply,the Consultant Inspector shall also notify Cal OSHA. w
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13. Measure and tabulate contract quantities. E
14. Review the Contractor's invoices,verify completed work, and approve all quantities. w
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15. Prepare a list of items for correction(punch list) and prepare redlined as-built plans.
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Packet Pg. 74
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EXHIBIT B-1
16. The Consultant Inspector does not have the authority to allow deviations from the
Contract Plans and Specifications.
17. Possess a digital camera that provide date and time, and shall provide annotated digital
images of the project to the City of San Bernardino in an acceptable"jpg" format. -E 2
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18. Possess a vehicle and a mobile phone for immediate contact by the City, show proof of a a
valid California's driver's license, and insurance. Possess a portable laptop with wireless
internet/email capabilities shall be necessary. od
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19.Normal working hours are from 7:00 a.m. to 4:00 p.m. with a 1 hour lunch break;
however, the Contractor may be allowed to start earlier to minimize disruption to y
business and intersection work which may be performed at night with written o
authorization from the City. Some projects will require fulltime night work. 0
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20. Tests and reports on construction materials; determines whether construction and o
inspection are in conformity with safety regulations; reports work not in accordance with ..
specifications and recommends work stoppage for noncompliance. R
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21. Prepares final punch list and submits to contractor prior to final inspection; schedules
Final Inspection and follows through resolving punch list.
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22. Inspects work assignments to ensure satisfactory completion; investigates complaints and a
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consults with the public; delivers and picks up plans and specifications; attends meetings
related to the project to which the Contract Inspector is assigned; provides written daily
reports on the progress of the work to the City Engineer of his designee in a form M
acceptable to the City Engineer of his designee. o
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23. Assists the City Engineer or his designee in the evaluation of recommended changes to W
the work, however, the Contract Inspector shall have no authority to authorize changes to
the work. He/she shall promptly advise the City Engineer or his designee when a change
to the work appears necessary.
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24. Perform other related duties as required.
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Packet Pg. 75
Exhibi
extending
your
reach
January 3, 2012 0
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Mr. Jim P. Geyer, PE 06
Construction/Survey Manager E
City of San Bernardino
Public Works Department r
300 North"D"Street, 3rd Floor o
San Bernardino, CA 92418
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Subject: Fee Proposal to Provide On-Call Professional Construction Management and
Construction Inspection Services for Public Improvements o
Dear Mr. Geyer: w
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Willdan Engineering(Willdan)is pleased to submit this fee proposal to provide on-call professional U
construction management and construction inspection services for public improvements as identified in our
technical proposal. a
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Should you have any questions regarding the following fee proposal, please contact Mr. Chris Baca at v
(909)386-0200.
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Respectfully submitted, w
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WILLDAN ENGINEERING
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Chris Baca, RCI Thomas A. Broz, PE, SE, FASCE a
Deputy Director Senior Vice President, Director
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91005-11106-1501P11-136fR1_4470 Q
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Engineering Geotechnical Environmental I Financial Homeland Security
Packet Pg.76
CITY OF SAN BERNARDINO
On-Call Professional Construction Management and Inspection Services
te WILLDAN ENGINEERING - Schedule of Hourly Rates
Effective January 1,2012 to June 30,2013
ENGINEERING LANDSCAPE ARCHITECTURE
Principal Engineer...................................................$200.00 Principal Project Manager .............:..........................180.00
Director...................................................................•..180.00 Principal Landscape Architect...................................150.00
Deputy Director.........................................................180.00 Senior Landscape Architect....•...........,.....................125.00
Principal Project Manager ..................... ..180.00 Associate Landscape Architect.................................115.00 0
City Engineer.............................................................180.00 Assistant Landscape Architect .................................100.00 r
Project Manager........................................................180.00
Program Manager.....................................................180.00 BUILDING AND SAFETY
SupervisingEngineer................................................160-00 Director...........................................................,..........180.00 -
Senior Engineer........................................................145.00 Deputy Director..................... ......180.00 od
Senior Design Manager
..............145.00 Principal Project Manager 180.00 E
Design Manager........................................................135.00 Supervising Plan Check Engineer.......................... 150.00
Associate Engineer...................................................135.00 Building Official................................................... ..150.00
Senior Designer........................................................130.00 Plan Check Engineer........................... ...... ...140.00 v
Senior Design Engineer II .,
9 9 130.00 Deputy Building Official 140.00 0
..........................................
Senior Design Engineer I..........................................125.00 Inspector of Record ..140.00 V
Designer II......................................................._...•.....120.00 Senior Plans Examiner............................,.,...............125.00 =
Designer I ..115.00 t0
g ................................................................ Supervising Building Inspector..........,.,...........,.........125.00 v
Design Engineer 11.....................................................120.00 Plans Examiner ....115.00
Design Engineer I......................................................115.00 Senior Building Inspector .......115.00 O
Senior Drafter............................................................110.00 Supervisor Code Enforcement....................... ....115.00
Drafter II
....................................................................100,00 Building Inspector................,..,.., .**105.00/110.Q0 R
Drafter I ..........................................•............................95.00 Supervising Construction Permit Specialist..............105.00 a
Technical Aide.........................-.................................85.00 Senior Construction Permit Specialist.......................100.00 v
Senior Code Enforcement Officer...............................95.00 a
CONSTRUCTION MANAGEMENT Assistant Building Inspector.........................**95.00/110.00 3
Director.............................. ..................................180.00 Code Enforcement Officer...........................................80.00 Q
Deputy Director................................,....•...................180.00 Construction Permit Specialist....................................80.00
Project Manager............................................ .180.00 Assistant Construction Permit Specialist.....................85.00 LO
Senior Construction Manager...................................155.00 Plans Examiner Aide...................................................75.00 IT
Construction Manager...............................................120.00 Assistant Code Enforcement Officer...........................70.00
Assistant Construction Manager...............................120.00 6)
Utility Coordinator......................................................125.00 PLANNING =
Labor Compliance Manager......................................120.00 Director......................................................................180.00 c
Labor Compliance Specialist.......................................95.00 Deputy Director................ ........180.00
Principal Planner.......................................................150.00
INSPECTION SERVICES Principal Community Development Planner..............150.00
Supervising Public Works Observer.........................120.00 Senior Planner...........................................................130.00 0
Senior Public Works Observer....................................95.00 Senior Community Development Planner.................130.00 N
Public Works Observer...........................................•...85.00 Associate Planner.....................................................115.00 w
Associate Community Development Planner............115.00 a
SURVEYING Assistant Community Development Planner.............105.00 IX
Principal Project Manager 180,00 Assistant Planner......................................................105.00 N
Supervisor-Survey&Mapping ........155.00 Planning Technician....................................................85.00 m
Senior Survey Analyst...................... .. ... ......130.00 Community Development Technician.........................85.00
Certified Party Chief..................................................130.00
..120.00 ADMINISTRATIVE
Senior Calculator.................................................... w
Calculator II...............................................................110.00 Computer Data Entry...................................................65.00
CalculatorI............................................•...................100.00 Clerical..............,-.........-.-.....,.....,.......,....,.,..................65.00 d
Survey Analyst II.......................................................115.00 Word Processing.........................................................65.00 E
Survey Analyst I........................................................100.00 Personal Computer Time............................................30.00
Survey Party Chief.,................. .......115.00
Field Party(One).......................................................180.00 a
Field Party(Two).......................................................235.00 Mileage reimbursement will be charged at the current Federal
Field Party(Three)....................................................295.00 guideline rate at the time of billing.
Additional billing classifications may be added to the above listing during the year as new positions are created. Consultation in connection with litigation and court
appearances wit,be quoted separately. The above schedule is for straight time.Overtime will be charged at 1.25 times,and Sundays and holidays,1,70 times the standard
rates-Blueprinting,reproduction,messenger services,and printing will be invoiced at cost plus fifteen percent(15%). A subconsultant management fee of fifteen percent
(15%)will be added to the direct cost of all subconsultant services to provide for the cost of administration,consultation,and coordination.valid January 2,2012 thru June 30,
2013,thereafter,the rates may be raised once per year to the value of change of the Consumer Price Index for the Los Angeles/Orange County/Sacram area,but not more
than five percent per year.
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Packet Pg.77
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TECHNICAL STAFF ADMINISTUTNE
CL
GEOTECHNICAL Computer Data Entry.............................--...............ruoo
Principal/Chief Engineer/Geologist.... 190-00 Clerical............................................................................ruon "a
Senior avvtevonua/Enoine^mGe^must 17500 ' __aoon
Project EngineedGeologist ....... - 150c0 oompvterrmm-_ ....... ........ -- ........._ ..... moo
�o� 1u000 c�oope�w�� '.......--- '
~~.~ Engineer/Geologist -'-' '
Staff Engineer/Geologist.
Sr.Soil Technician ��
,~-' -�-'-- EXPERT WITNESS
n,am/nm»nman�mvo movvvoe�_--.-_--.mzoo
Soil Technician i ------' ruoo Principal Engineen'Goologist oo 5
Soil Technician(Prevailing Wages)..... ...................... 90.00 w
SPECIAL INSPEC77ON
Construction Material Engineer 155,00
--' -, 1110.00 �
Special Inspection(Non; -- 7nou | 0
Special Inspection(Prevailing wouex) 0000 |
Concrete Test Report-----------
--- �noo
technical of 0
the project and meet the prevailing standard of professional care-The above schedule is for straight time.Overtime wil be charged at 1.5
times,and Sundays and holidays,2.0times the standard rates Travel bme to and from the job sitemll be charged at the hourly rates for the
appropriate personnel Blueprintlng,reproduction,messenger services,and printing W11 be invoiced at cost plus fifteen percent(15%) A
subconsultant management fee of fifteen percent(115%)vAll be added to the direct cost of all subconsurant services to provide for the cost
of administration,consultation,and coordination.Mileage/Field Vehicle usage YAII be charged at the rate of$501mile or S5 per hour,subject
~negotiation.The - subjected-- '' escalation_and -automatically adjusted-the-invoices. '
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AA/WILLDAN =d
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Identification and Index Properties
Consolidation/Collapse and Swell Tests °—
In-Situ Moisture and Density(ASTM D2937)................20.00 Consolidation(ASTM D2435) Q
Grain Size Analysis(ASTM D422) 8 load increments reme time-rate................ .........160 00 =
Sieve Only "to#200),.. 70.00 Additional load increment.. 25.00 —
Y( } •..•••... ,.°.......-°°.........- Additional Time rate per load increment. •,_50 00 06
Sieve and Hydrometer....... _.._.12000 Single point(collapse test)..................
Percent Passing#200 Sieve(ASTM D1140).. 50-00 50,fl0 +-E
Single Load Swell(ASTM D4546)
Atterberg Limits(ASTM D4318) 70.00 t)
Multi Point.,......„........... Ring sample,field moisture
110.00 Ring sample,air dried,.,........ ,,.........70,00
One Point......, 75.00
........�.....•.....,. ,..,.. ..'.,. Remolded sample per specimen, . .. 50.00 +L+
Specific Gravity(ASTM D854)...... .. . _. 7500 Expansion Index(ASTM 048291UBC 29-2). 125.00
Sand Equivalent(ASTM D2419)...... ......... _........ 75 00 O
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Compaction and Bearing Strength Laboratory Permeability
Constant Head(ASTM D2434)...,, 235.00 CJ
Modified Proctor Compaction(ASTM D1557) Falling Head Flexible Wall(ASTM 05084).-. ...... _
165 00 285 00
Method A or 8(4”Mold) ...• Triaxial Permeability(EPA 9100). ......_.. . ..._.330.00 0
Method A or 8(6"Mold).. __ .,...175.00 •
Compaction,California 216 ..._ .._ ........._.._..........180.00 V
California Bearing Ratio CBR(ASTM D1883) Chemical Tests r
3 points.,..._........................ ..... .....____..,..........450.00
R-Value............................................ ...........................250-00
Corrosivity(pH,resistivity,sulfates,chlorides).. 165.00 0
Organic content(ASTM D2974) ._.... ......_ ...... 70.00
Shear Strength
Construction Materfal Testing
Torvane/Pocket Penetrometer......... ...............„......... 15.00 Q
® Direct Shear-per point 6 X12 Concrete Cylinder(C39).... .. 20,00
Consolidated-Drained per pt (ASTM D3080).. .... 85.00 2^,4 6"Diameter Concrete Cores(Test Only) ... 30.00 L0
Residual per pt _.._. 120 00 ....30 00
Mortar and Grout,Cylinder and Cubes.. ......
Unconfined Compression(ASTM D2166) __120.00 d
Unconsolidated-Undrained(UU)._..... . .........150.00 Reinforcing Steel,Tensile and Bend Tests _. 40 00
`` Cylinders Pick-up
Asphalt Tests
ExtracWn/Asphalt........., _ _..185 00 W
HveemlMarshal Max..__ 220.00
Wash Gradation.,._. .. .. ........._ ..100 00
Unit rates presented are for routinely performed geotechnical and construction material laboratory tests,Othertests can be performed in our
laboratory,including rock core,soil cement,and soil lime tests-Additional tests will be quoted on request The rates will remain firm for a
period of 120 days from the date of this submittal.Unit rates presented herein assume samples are uncontaminated and do not contain `p
heavy metals,acids,carcinogens,or volatile organic compounds that can be measured by an OVA or PIDwfth concentrations greater than "'
50 ppm Willdan will not accept contaminated samples. Uncontaminated samples will be disposed of 30 days after presentation of test fn
results The rates will be subjected to a 4%annual escalation and will be automatically adjusted in the invoices W
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EXHIBIT C
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� AGREEMENT FOR SERVICES FOR ON-CALL CONSTRUCTION
MANAGEMENT AND CONTRACT INSPECTION —
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THIS AGREEMENT is made and entered into this 6th day of February, 2012 p
("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city
("City"), and HARRIS &ASSOCIATES ("Consultant").
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WITNESSETH :
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A. WHEREAS, City proposes to have Consultant perform the On-Call Construction a
Management and Contract Inspection Services described herein below; and LO
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B. WHEREAS, Consultant represents that it has that degree of specialized expertise
contemplated within California Government Code, Section 37103, and holds all necessary c
licenses to practice and perform the services herein contemplated; and O—
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C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the services described below and desire to set forth their rights, duties and liabilities in
connection with the services to be performed; and N
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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 Y
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Agreement. 0
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NOW, THEREFORE, for and in consideration of the mutual covenants and 2
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conditions contained herein,the parties hereby agree as follows: a
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1.0. SERVICES PROVIDED BY CONSULTANT 06
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1.1. Scope of Services. Contractor shall furnish On-Call Construction
Management and Contract Inspection Services to City in accordance with Exhibit C-1 E
"Scope of Services", attached and incorporated herein, and the Contractor's proposal, dated a
August 9, 2011, a copy of which is on file in the office of the City Engineer. d
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1.2. Professional Practices. All professional services to be provided by Consultant y
pursuant to this Agreement shall be provided by personnel experienced in their respective Q
06
fields and in a manner consistent with the standards of care, diligence and skill ordinarily N
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 =
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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.
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1.3. Warranty. Consultant warrants that it shall perform the services required by Y
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
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E 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 0
indemnify and hold harmless City from and against all claims, demands, payments, suits, —
actions, proceedings, and judgments of every nature and description including attorneys' fees 0
and costs, presented, brought, or recovered against City for, or on account of any liability p
under any of the above-mentioned laws, which may be incurred by reason of Consultant's
performance under this Agreement.
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1.4. Non-discrimination. In performing this Agreement, Consultant shall not U
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, Q
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. r
Violation of this provision may result in the imposition of penalties referred to in Labor
Code, Section 1735. _
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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 Q�
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement. N
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1.6. Delegation and Assignment. This is a personal service 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. o
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1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement. a
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1.8. Du 1y of Loamy/Conflict of Interest: The Consultant understands and agrees 06
that 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 c
under this Agreement, is governed by California's conflict of interest laws, Government E
Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et a
seq. a
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1.8.1 Prior to performing any services to City under this Agreement, Consultant N
shall provide the City Engineer a written list of the Assessor Parcel Numbers and general Q
06
location or address of any and all real property located in the City of San Bernardino in N
which Consultant has any ownership interest, or which is the location of any pending project CU
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.
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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 U,
which is the location of any pending project that is a source of income for Consultant.
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2.0. COMPENSATION AND BILLING N
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2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for v
such on-call services in accordance with Exhibit C-2 "Hourly Rates" effective January 1,
2012", attached and incorporated herein, subject to an aggregate limit of $300,000 in o
payment for work performed by all consultants performing On-Call Geotechnical
Investigations and Construction Material Testing. City shall distribute work among its w
consultants in a manner that best meets the needs of the City. City makes no guarantee to 0
Consultant regarding the amount and/or the dollar value of the work assigned to Consultant.
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2.2. Additional Services. Consultant shall not receive compensation for any Q
services provided outside the scope of services specified in the Response unless the City or ►O
its Managing Engineer for this Project, prior to Consultant performing the additional r
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
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2.3. Method of Billing. Consultant may submit invoices to City's Managing
Engineer for approval on a progress basis, but no more often than monthly. Said invoice
shall be based on the total of all Consultant's services which have been completed to City's N
sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date o
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 r
pursuant to this Agreement shall be designated as "Additional Services" and shall identify 0
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the number of the authorized change order,where applicable, on all invoices. 0
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2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting c
principles and shall be made available to City or its Managing Engineer for inspection and/or 06
audit at mutually convenient times for a period of three (3) years from the Effective Date.
3.0. TIME OF PERFORMANCE E
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3.1. Commencement and Completion of Work. The obligation to perform the Q
professional services to be performed pursuant to this Agreement shall commence within five o
(5) days from the Effective Date of this Agreement. Said services shall be performed in strict Q
compliance with the Project Schedule issued by the Managing Engineer. Failure to <
commence work in a timely manner and/or diligently pursue work to completion may be N
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, w
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 0
4.1. Term. This Agreement shall commence on the Effective Date and continue
through June 30, 2013, unless previously terminated as provided herein or as otherwise p
agreed to in writing by the parties. An administrative extension of one additional year may be
authorized, subject to the prior written agreement of both parties.
0
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 3
contemplated by this Agreement, with or without cause, at any time, by providing written Q
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall T
immediately stop rendering services under this Agreement unless directed otherwise by the '"
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City. _
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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 co
termination in accordance with the fees set forth herein. In ascertaining the professional o
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 0
contemplated herein whether delivered to the City or in the possession of the Consultant. o
.2
4.4 Documents. In the event of termination of this Agreement, all documents a
prepared by Consultant in its performance of this Agreement including, but not limited to, c
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 E
liability or legal expense to Consultant. a
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5.0. INSURANCE a
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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: N
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(a) Comprehensive general liability, including premises-operations, _
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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), w
combined single limits,per occurrence and aggregate.
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(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
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($1,000,000.00), combined single limits, per occurrence and
aggregate. o
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(c) Workers' compensation insurance as required by the State of
California. p
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(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00), o
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the life 3
of this Agreement and for three years after completion of the work a
hereunder. LO
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5.2. Endorsements. The comprehensive general liability insurance policy shall "
contain or be endorsed to contain the following provisions:
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(a) Additional insureds: "The City of San Bernardino and its elected and
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appointed boards, officers, agents, and employees are additional W
insureds with respect to this contract with City."
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(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor c
the coverage reduced,until thirty(30) days after written notice is given U
to City."
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(c) Other insurance: "Any other insurance maintained by the City of San o
Bernardino shall be excess and not contributing with the insurance
provided by this policy." a
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5.3. Certificates of Insurance. Consultant shall provide to City certificates of 06
insurance showing the insurance coverages and required endorsements described above, in a v
form and content approved by City,prior to performing any services under this Agreement. _
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5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any a
way, the indemnification provision contained in this Agreement, or the extent to which a
Consultant may be held responsible for payments of damages to persons or property. o
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6.0. GENERAL PROVISIONS a
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 =
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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 Fn
prevail over any inconsistent provision in any other contract document appurtenant hereto, w
including exhibits to this Agreement.
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6.2. Representatives. The City Engineer or his designee shall be the representative
of City for purposes of this Agreement and may issue all consents, approvals, directives and
a
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agreements on behalf of the City, called for by this Agreement, except as otherwise expressly
provided in this Agreement. o
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Consultant shall designate a representative for purposes of this Agreement 0
who shall be authorized to issue all consents, approvals, directives and agreements on behalf p
of Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement. `U
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6.3. Project Managers. City shall designate a Managing Engineer to work directly
with Consultant in the performance of this Agreement. 3
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Consultant shall designate a Contract Inspector(s) who shall represent it and LO
be its agent in all consultations with City during the term of this Agreement. Consultant or
its Contract Inspector(s) shall attend and assist in all coordination meetings called by City.
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6.4. Notices. Any notices, documents, correspondence or other communications °
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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; N
and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if o
such communication is sent through regular United States mail.
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IF TO CONSULTANT: IF TO CITY: 0
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Brett Barnett, P.E., CCM Robert Eisenbeisz,P..E. `o
Manager of Project/ City Engineer
Construction Management 300 North"D" Street a
Harris &Associates San Bernardino, Ca 92418
34 Executive Park, Suite 150 Fax: 909-384-5190 od
Irvine, CA 92614 Tel: 909-384-5203
Fax: 949-655-3915
Tel: 949-655-3900 E
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6.5. Attorneys' Fees. In the event that litigation is brought by any party in Q
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 L
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 U
City Attorney and members of his office in connection with that litigation shall be considered
as "attorneys' fees" for the purposes of this Agreement.
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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
a
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EXHIBIT C
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jurisdiction located in San Bernardino County, California.
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6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
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transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without c
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance p
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 o
Consultant hereunder for the term of this Agreement.
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6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, Q
indemnify and hold harmless City and its elected and appointed officials, officers, and v
employees from any and all claims, causes of action, liabilities, expenses, including attorney T
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 intentional or negligent acts, errors or •N
omissions of Consultant, its employees, agents or subcontractors in the performance of this
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Agreement. X
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6.9. Independent Contractor. Consultant is and shall be acting at all times as an N
independent contractor and not as an employee of City. Consultant shall secure, at its o
expense, and be responsible for any and all payment of Income Tax, Social Security, State U
Disability Insurance Compensation, Unemployment Compensation, and other payroll
deductions for Consultant and its officers, agents, and employees, and all business licenses, if U
any are required, in connection with the services to be performed hereunder. o
6.10 Ownership of Documents. All findings,reports, documents, information and a
data including,but not limited to, computer tapes or discs, files and tapes furnished or c
prepared by Consultant or any of its subcontractors in the course of performance of this od
Agreement, shall be and remain the sole property of City. Consultant agrees that any such L)
documents or information shall not be made available to any individual or organization
without the prior consent of City. Any use by the City of such documents for other projects E
not contemplated by this Agreement, and any use of incomplete documents, shall be at the a
sole risk of City and without liability or legal exposure to Consultant. City shall indemnify a
and hold harmless Consultant from all claims, damages, losses, and expenses, including o
attorneys' fees, arising out of or resulting from City's use of such documents for other N
projects not contemplated by this Agreement or use of incomplete documents furnished by
Consultant. Consultant shall deliver to City any findings,reports, documents, information, N
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 =
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additional cost to the City.
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6.11 Public Records Act Disclosure. Consultant has been advised and is aware that w
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 a
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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 0
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 0
the disclosure of any trade secret including, without limitation, those records so marked if o
disclosure is deemed to be required by law or by order of the Court.
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6.12. Responsibility for Errors. Consultant shall be responsible for its work and o
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 3
under this Agreement at no additional cost to City. In the event that an error or omission Q
attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all v
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. W
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6.14. Order of Precedence. In the event of an inconsistency or conflict in this N
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this c
Agreement shall prevail. U
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6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation o
and negotiation of this Agreement and in the performance of its obligations hereunder except o
as expressly provided herein.
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6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the c
sole benefit of City and Consultant and no other parties are intended to be direct or incidental 06
beneficiaries of this Agreement and no third party shall have any right in, under or to this U
Agreement. c
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6.17. Headings. Paragraphs and subparagraph headings contained in this a
Agreement are included solely for convenience and are not intended to modify, explain or to a
be a full or accurate description of the content thereof and shall not in any way affect the c
meaning or interpretation of this Agreement. Q
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6.18. Construction. The parties have participated jointly in the negotiation and N
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 =
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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 Fn
provisions of this Agreement. w
6.19 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement.
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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 0
0 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. p
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. o
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6.21. Severability. If any provision of this Agreement is determined by a court of 3
competent jurisdiction to be unenforceable in any circumstance, such determination shall not Q
affect the validity or enforceability of the remaining terms and provisions hereof or of the LO
offending provision in any other circumstance.
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 N
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 N
said parties and that by doing so, the parties hereto are formally bound to the provisions of o
this Agreement.
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6.24 Damages. The Parties agree to waive any rights to incidental or consequential o
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and punitive damages arising out of performance under this Agreement whether in torts or o
contracts or in law or in equity. 2
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5.F.h
EXHIBIT C
AGREEMENT FOR SERVICES FOR ON-CALL CONSTRUCTION
MANAGEMENT AND CONTRACT INSPECTION 0
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed p
by and through their respective authorized officers, as of the date first above written.
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CITY OF SAN BERNARDINO, CONSULTANT o
A Municipal Corporation HARRIS & ASSOCIATES
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By r
Charles E. McNeely, City Manager Signature
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Name and Title
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Approved as to form:
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James F. Penman, 0
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City Attorney o
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5.F.1
EXHIBIT C-1
SCOPE OF SERVICES
I. CONTRACT CONSTRUCTION MANAGER
Provide a Construction Manager fully qualified and capable of performing the following duties =
and services which shall include, but not necessarily be limited to the following duties on an as- 2
assigned, as-needed basis:
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1. Provide contract administration for projects and coordinate with other construction, as 0a
required. E
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2. Perform constructability reviews of design plans and specifications. N
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3. Conduct an independent, complete, and in-depth review of the 95% PS&E package with
field reviews with bidability/constructability/claims avoidance emphasis. v
4. Prepare and maintain project schedules identifying the critical paths for expeditious O
project completion. L
5. Schedule and conduct pre-construction meetings with all stakeholders, including 0
preparations of agendas and minutes; and distribution to all applicable entities (not just
attendees) within three (3) working days. 3
6. Prepare agenda, conduct weekly construction progress meetings and distribute minutes a
within three (3) working days.
9 � r
7. Schedule and conduct pre-construction and construction progress meetings (as necessary)
to discuss such matters as procedures, progress, problems, scheduling, and coordination
and other project-related items. General construction progress meetings may be required •0
on a weekly basis until project(s) are completed. Primary attendees will include:
Utilities, Agencies, the City of San Bernardino, and the Contractor. Prepare meeting
agendas, and minutes for all meetings. The minutes shall be prepared and distributed to
all attendees within three (3) working days after the meeting. The minutes shall include,
but not be limited to, list of attendees with phone numbers and e-mail, synopsis of
discussion items, any pertinent information, action items, and follow-up to the action o
items.
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8. Schedule, facilitate, and attend public meetings as necessary.
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9. Check all applicable contract documents to ensure compliance with all applicable local,
State, County, and Federal funding requirements.
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10. Manage budget and funding control to make sure that construction projects are completed w
within available budget in all aspects. a
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11. Establish and maintain project controls and provide administrative, management, and
I related services necessary to coordinate the work of the Contractor and all sub- Q
contractors in order to facilitate timely completion of the project in accordance with
contract documents and City objectives.
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EXHIBIT C-1
12. Assist Contractors in obtaining any building, grading, and other construction permits
necessary for the project.
13. Prepare all submittals to local, State, County, and Federal over-sight agencies per their
requirements. c
R 14. Prepare reimbursement requests and invoices for local, State, County, and Federal Q
agencies, and other funding agencies.
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15. Prepare agreements and Purchase Orders. 06
16. Issue all necessary Notices to Proceed (NTP).
17. Review and process all invoices (City staff will approve). y
18. Compose RFP's, NIP'S, and Scopes of Services to retain other related design services, v
services of specialty Consultants/Contractors needed during construction, such as Design
Review, Surveying, Inspection, Geotechnical, Material Testing, etc.; coordinate and v
schedule these services; and review proposals as necessary. O
19. Provide, manage, coordinate, and ensure timely completion/approvals in response to all L
Requests for Information (RFI), shop drawings, product data samples, submittals, Change o
Notices, Intend to File Change Notices, and Construction Change Orders (CCO), as well v
as review, negotiations and issuance of the CCO to the Contractor.
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20. Identify and report potential contractor claims and recommend resolution. a
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AWN 21. Follow the established City procedures in processing CCO. Following is a brief outline
of the City's procedures:
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a. Review requests for CCO received from the Contractor. 0
b. Recommend necessary or desirable project changes to the City with Design
Consultant's concurrence.
C. Assist the City with concurrence of the Design Consultant in CCO negotiations. in
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d. Submit recommendations to the City relative to change order requests. a
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e. Prepare the CCO (per City format), obtain project designer's concurrence, and r
obtain Contractor and Design Consultant's signature on the CCO forms for the ci
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City's consideration,review, and approval. -Q
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f. Prepare staff report(s) for City staff and City Council approval of CCO, if
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necessary. E
22. Incorporate approved changes as they occur. w
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23. Review, comment and recommend processing of invoices for progress and final
payments.
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24. Oversee and ensure that all measures of the specific project's scope of services are
` completed in a timely and professional manner with an emphasis on providing the City
with a high quality project.
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25. Ensure adequate inspection coverage for assigned projects, coordinate and oversee o
project inspector(s) as assigned to those projects with the City Construction/Survey
Manager. _
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26. Obtain building permits and special permits for the improvements. The Consultant shall
verify that the applicable fees and assessments have been paid, and shall assist in
obtaining approvals from authorities having jurisdiction over the permits.
27. Schedule Building and Safety inspection of Electrical Service/Cabinets, footings,
specialty retaining walls, or as otherwise required.
28. Coordinate and schedule SCE service for irrigation controller cabinets, traffic signal
controllers, telephone service with the City's Telecommunications (or IT) personnel,
needed water service, water meter(s), and re-location of water line, etc. with the local
water purveyor as necessary for each project. U
29. Prepare necessary documentation and submittals for full compliance with Caltrans and a
FHWA requirements including Authorization to Advertise, Authorization to Award,
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Authorization to Proceed with Construction and Final Report as required on federally-
funded projects.
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30. Review and process Requests for Information (RFI) including coordination with design o
engineers and architects.
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31. Enforce federal fund requirements to ensure that no federal funds are lost through de-
obligation or any other means.
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32. Facilitate, coordinate, and oversee the ongoing daily actions required to completely N
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provide the full level of intended services and ensure that the project meets all applicable v
Federal, State, and local requirements. o
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33. Conduct interviews with the Contractor's and subcontractor's employees to ensure labor v
compliance as described in the Caltrans LAPM.
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34. Ensure that contractors' daily work efforts are documented by the assigned project w
inspector(s)per the appropriate oversight agency format or City format.
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35. The Consultant shall be required to document and submit weekly written progress reports
to the Engineer on multiple construction phases of the project, which shall include a
information on the Contractor and the Contractor's work, as well as the entire Project.
The Consultant shall also keep a daily log containing a record of weather, the Contractor,
work on the site, number of workers, craft or trades, equipment, subcontractors, work
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EXHIBIT C-1
accomplished, problems encountered, and other similar relevant data as the Design
Consultant or City Project Manager may require. The Consultant shall make the log
available to the City in an acceptable City format.
36. Prepare the weekly statement of working days and send to the Contractor on a weekly c
basis.
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37. Maintain the record copies of the following: c
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a. Plans, specifications, and contract documents with all changes and modifications. a�
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b. Permits.
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C. Addenda(s), change order(s), shop drawings,product data, submittals, and samples. —
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d. Progress payments, inventories, and applicable codes. p
e. Contractor's reports, correspondence, certified payrolls, and accident reports.
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f. Survey and layout data and certifications, photographs of as-built locations and
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depths. t°
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g. List of addresses, telephone and license numbers of General Contractor, all sub-
contractors, material suppliers, and utility agencies.
h. Manage construction including, but not limited to day-to-day coordination of =
construction activities between the contractor, City Engineer, design engineer, 2
architect, the public, Caltrans, SANBAG, County Transportation and Flood Control,
local Cities, railroads, State Department of Fish & Game, Corps or Engineers, State
Water Quality Control Board, utility companies and other agencies as appropriate.
i. Administer contracts, including but not limited to, preparation and processing of in
progress payments, change orders, correspondence with the contractor, time o
management, scheduling and coordination of inspection and subconsultants, etc. o
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38. Manage specialty inspections, including coordination for all inspection and testing
activities required to complete the project using City-contracted inspection and testing
consultants.
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39. Determine whether the work of the Contractor is being performed in accordance with the
requirements of the contract documents, and endeavor to guard the City against defects 4)
and deficiencies in such work. The Consultant shall make recommendations to the City
Construction/Survey Manager regarding special inspection or testing of work not in Y
accordance with the provisions of the contract documents whether or not such work is a
then fabricated, installed or completed. The Consultant shall also inform the City of
work that does not conform to the requirements of the contract documents. The
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EXHIBIT C-1
Consultant shall review the Contractor's recommendations for corrective action on
observed non-conforming work.
40. Compare Certified Payrolls with Inspection Reports, employee interview forms, and the
Prevailing Wage Rates, and verify proper payment in compliance with the project o
Specifications.
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41. Consult with the Design Consultant and City Construction/Survey Manager if any
contractor requests interpretations of the meaning and intent of the Plans, Specifications,
and Estimate (PS&E), and shall assist in the resolution of questions which may arise. E
42. Schedule with the City's Traffic Engineering Division to inspect new and modified traffic
signals. The Consultant shall be responsible to document all work, including the Traffic o
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Engineering Division inspections in the Consultant's Daily Diary. —
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43. Provide administrative, management, and related services as required to coordinate work p
and to complete assigned projects in accordance with the City's objectives for cost, time,
and quality. The Consultant shall provide sufficient qualified personnel and management
to carry out the requirements of the project(s). 0
44. Endeavor to achieve satisfactory performance from each of the contractors and 3
recommend courses of action to the Engineer when requirements of a contract are not a
being fulfilled and the non-performing party will not take satisfactory corrective action LO
from the Consultant or Engineer.
45. Provide regular monitoring of the approved estimates of Total Construction Cost, _
showing actual costs for activities in progress, and estimates for uncompleted tasks. The •N
Consultant shall identify variances between actual and budgeted or estimated costs, and
inform the City Construction/Survey Manager whenever Project costs exceed budgets or
estimates.
46. Maintain cost accounting records on authorized work performed under unit costs, in
additional work performed on the basis of actual costs of labor and materials, or other o
work requiring accounting records. o
47. Ensure that safety programs are developed by the Contractor as required by their contract
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documents, and coordinate the safety programs for the project(s). U
48. The Consultant shall not be responsible for the construction means, methods, techniques, w
sequences and procedures employed by contractors in performance of their contract(s)
with the City. The Consultant shall also not be responsible for the failure of contractors a)
to carry out their work in accordance with the contract documents. The Consultant shall
be responsible, however, for any reports, advice or information provided to the Design
Consultant regarding project(s) and the work(s) of contractors, including any information a
regarding the compliance of their work with the contract documents.
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EXHIBIT C-1
1 49. Observe the contractors' check-out of utilities, operational systems and equipment for
readiness, and assist in their initial start-up and testing.
50. Address any business owner's and property owner's concerns and inquiries.
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51. Determine when the Contractor's work or a designated portion thereof is complete. The
Consultant shall prepare a list of incomplete or unsatisfactory items (punch list) and a
schedule for their completion. The Consultant shall coordinate the correction and
completion of the Work. 06
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52. Evaluate the completion of the work of the contractors and make recommendations to the
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City Construction/Survey Manager when work is ready for final inspection(s). The
Consultant shall assist the City Construction/Survey Manager in conducting final o
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inspections and shall secure and transmit to the City Construction/Survey Manager —
required guarantees, affidavits, releases, and waivers. The Consultant shall also deliver �?
keys, manuals, and record drawings to the City. o
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53. Perform any necessary management services during the warranty period(s) of the
construction contract(s). v
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54. Coordinate close-out of the project(s), obtain necessary operation manuals, warranties, 3
guarantees, and other applicable necessary information. Provide all documentation in a <t
s well-organized(binders, folders, CDs, etc.) manner in both electronic and hard copies. LO
55. Obtain all releases and warranty bonds from the Contractor and sub-contractors. Provide
all documentation in a well organized (binders, folders, CDs, etc.) manner in electronic
and hard copies. 2
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56. Deliver final completed project(s) to the City which is in compliance with the PS&E
package, and all applicable codes, standards and requirements. w
57. Provide a redline set of as-built plans to the Design Consultant to place as-built rn
information on the project original drawings (ie. mylars). o
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58. Prepare status report for project close-out, prepare Staff Report for project acceptance �°
and assist with filing of Notice of Completion.
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59. Present the City with a complete project close-out file.
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60. Perform such other project related duties as may be required by the City. r
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61. If still contracted with the City, perform warranty walk within one (1) year of the Notice
of Completion of each project assigned.
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62. Maintain continuous 24-hour telephone accessibility during construction activity for
emergency use.
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EXHIBIT C-1
63. The Consultant shall provide documentation (e.g. memorandum, letter, email, etc.) to the
Contractor, City Project Manager, City Construction/Survey Manager, etc., regarding all
important issues, decisions, and discussions within three(3)working days.
64. Registration as a Civil Engineer or a Land Surveyor in California is highly desirable. o
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65. Report directly to the City Construction/Survey Manager and act as a liaison between the
City and all project stakeholders in order to accomplish the full project services intended
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by the City.
66. The Consultant does not have authority to make changes or deviations from the Plans and
Specifications, except as authorized by the Design Consultant and City o
Construction/Survey Manager. U
67. The extent of the duties, responsibilities, and limitations of authority of Consultant as a
representative of the City during the construction shall not be modified or extended o
without the written consent of the City Construction/Survey Manager.
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68. Maintain all project files in accordance with the City boiler format or as otherwise v
directed by the City Construction/Survey Manager.
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69. Maintain consistent communication (daily or weekly, depending on project Q
activity/complexity)with the City Construction/Survey Manager. LO
II. CONTRACT INSPECTOR
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Consultant may be requested to designate one or more "Contract Inspectors" who shall be fully y
qualified to perform,but not be limited to the following services:
1. In general, the Consultant Contract Inspector shall have the necessary experience and v
know-how of construction equipment, materials, methods, and workmanship for the
specific work to be performed on the projects. The Consultant Contract Inspector shall in
be able to understand and interpret Plans and Specifications and shall be familiar with the o
current Greenbook (Standard Specifications for Public Works Construction), Caltrans o
Standard Specifications, City Standards, and OSHA Construction Safety Orders. The N
Consultant Contract Inspector shall be able to interact professionally with contractors, r
engineers, property owners, business owners, and the public at large; coordinate with
other City personnel; promote quality customer service; and respond promptly and 72
courteously to requests. The Consultant Contract Inspector shall be able to follow verbal w
and written instructions, communicate clearly and concisely,both orally and in writing.
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2. Review Plans and Specifications at 35% design completion, and 95% design completion.
Upon receipt of plans, specifications and estimate package performs Constructability
review and prepares response in writing with recommended modifications to be a
incorporated prior to receipt of bids, and again thoroughly prior to pre-construction
meetings.
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EXHIBIT C-1
3. Inspects construction of streets, curbs, gutters, median islands, storm drains, sewers,
sidewalks, water lines, alleys, traffic signals,bridges, seismic/safety retrofit of structures,
and related work; inspects street paving performed under contract for compliance with
plans and specifications; inspects new street light installation and relocation of existing o
street lights, inspects new traffic signals and relocation of existing traffic signals, block
walls, fencing, irrigation systems, concrete guard rails, street striping, signing and other N
assigned Public Works inspection projects; assures NPDES compliance; inspects ADA
access ramps. °d
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4. Establish effective communications with the Contractor, other agencies, utilities, and 2
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business and property owners. N
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5. Ensure compliance with the Plans, Specifications, and other requirements, such as, but U
not limited to, the Contract, Traffic Control, Cal/OSHA Standards, Contract Change U
Order (CCO),Permits, Standard Plans, checking line, grade, size, elevation, and location o
of improvements.
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6. Monitor extra work. c
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7. Perform project oversight for the monitoring of traffic control, damage to infrastructure, 2
and replacement of infrastructure to City Standards. Q
8. Attend weekly construction meetings. Ln
9. Keep daily diaries (log) with a format acceptable to the City, fill out Incident (accident)
Reports, and take pictures of the project. A daily Inspection Report identifying work
done by the Contractor shall be submitted to the respective City Project Manager and the •0
City Construction/Survey Manager on the next business day for review and filing.
10. Document all Contractor delays, reasons for delay, length of time for delay, and Phases
of work.
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11. Monitor and provide supporting documentation on the personnel and equipment that is o
involved with any extra work performed by the Contractor. a
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12. During the course of inspection and monitoring of the work, if the Consultant Inspector in
observes an unsafe situation, he shall notify the Contractor of the violation and provide
written notification of such infraction to the Contractor and both verbal and a copy of the
written notification to the City Construction/Survey Manager. If the Contractor refuses x
to comply,the Consultant Contract Inspector shall also notify Cal OSHA. w
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13. Measure and tabulate contract quantities. E
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14. Review the Contractor's invoices,verify completed work, and approve all quantities. w
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15. Prepare a list of items for correction(punch list) and prepare redlined as-built plans.
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EXHIBIT C-1
16. The Consultant Contract Inspector does not have the authority to allow deviations from
the Contract Plans and Specifications.
17. Possess a digital camera that provide date and time, and shall provide annotated digital
images of the project to the City of San Bernardino in an acceptable "jpg" format. c
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18. Possess a vehicle and a mobile phone for immediate contact by the City, show proof of a
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valid California's driver's license, and insurance. Possess a portable laptop with wireless c
internet/email capabilities shall be necessary. Ca
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19. Normal working hours are from 7:00 a.m. to 4:00 p.m. with a 1 hour lunch break;
however, the Contractor may be allowed to start earlier to minimize disruption to N
business and intersection work which may be performed at night with written o
authorization from the City. Some projects will require fulltime night work. U
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20. Tests and reports on construction materials; determines whether construction and c
inspection are in conformity with safety regulations; reports work not in accordance with o
specifications and recommends work stoppage for noncompliance.
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21. Prepares final punch list and submits to contractor prior to final inspection; schedules v
Final Inspection and follows through resolving punch list. °
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22. Inspects work assignments to ensure satisfactory completion; investigates complaints and Q
consults with the public; delivers and picks up plans and specifications; attends meetings
related to the project to which the Contract Inspector is assigned; provides written daily
reports on the progress of the work to the City Engineer of his designee in a form
acceptable to the City Engineer of his designee. o
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23. Assists the City Engineer or his designee in the evaluation of recommended changes to
the work, however, the Contract Inspector shall have no authority to authorize changes to
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the work. He/she shall promptly advise the City Engineer or his designee when a change
to the work appears necessary.
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24. Perform other related duties as required. 0
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City of San Bernardino
On-Call Professional Construction Management and Inspection Services c
HOURLY RATES: a
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Effective January 1, 2012—June 30, 2013
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CONSTRUCTION MANAGEMENT& INSPECTION HOURLY RATE U
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Project Director $290 U
Contract Manager 270
Construction Managers 120 O
Construction Engineers 110-220
Construction Inspectors# 95 r
Schedulers 110-190 c
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CT LAPM Technical Resource 175 v
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`Notes: Rates are subject to adjustment due to promotions during the effective period of this schedule. Rate Q
AVON schedule will become effective January 1,2012. Unless otherwise indicated in the cost proposal,hourly rates LO
include most direct costs such as travel,equipment,computers, communications and reproduction(except
large quantities such as construction documents for bidding purposes).
#Inspectors working in the State of California are subject to the Prevailing Wage Rates established for that N
area. u,
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Pre-approved overtime worked by non-exempt employees will be compensated at 1.5 times Hourly Rate. N
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