HomeMy WebLinkAbout15- Public Works CITY OF SAN BERN *RDINO - REQUEST FnR COUNCIL ACTION
File No 3.14-23
Authorization to Execute Agreement
From: ROGER G. HARDGRAVE Subject: for Professional Services - North-
west Interceptor Sewer, Phase I -
Dept: Public Works LUDWIG ENGINEERING
Date: 2-24-94
Synopsis of Previous Council action:
June, 1986 - Allocation of $615 , 300 in 1986/87 Sewer Line
Construction Fund Budget, approved.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
Signature
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report, Agreement
Supporting data attached: and Resolution Ward: 1 & 3
FUNDING REQUIREMENTS: Amount: $65 , 290 (Sewer Line Construction Fund)
Source: (Acct No.) 245-365-57702 & 57703
Acct. Description) Northwest Interceptor Sewer,
Phase I (Mill & "I" St. to Fifth & "J" Sts . ) Finance: 1:'
Council Notes:
75.0262 Agenda Item No._ a
CITY OF SAN BERN RDINO - REQUEST VNR COUNCIL ACTION
STAFF REPORT
The latest Sewer Master Plan, prepared in 1982 , shows the
need for an interceptor line to serve the northwest portion of
the City. This line will extend from an existing stub at Mill
Street and "I" Street, to connect to the existing interceptor at
27th Street and Porter Street.
In view of the very favorable bids now being received for
construction projects, it appears that the timing is appropriate
to proceed with construct on of this line, known as the Northwest
Interceptor Sewer.
A request was submitted to the 26 Civil Engineering firms
within the City limits for a Letter of Interest in providing the
professional design services for one or more of the 4 phases of
this project. The Letters of Interest received were reviewed by
a screening committee, who selected 9 firms to receive a Request
for Proposals .
The 8 proposals received were reviewed on 1-26-94 , by a
selection committee comprised of the following persons :
1 . Dr. Fred J. Curlin - Councilman, Second Ward
2 . Ralph Hernandez -- Councilman, Third Ward
3 . Rav Salvador - Administrative Assistant to Mayor
4 . Bob Brendza - Manager, Industrial Development for
Santa Fe Railwav
5 . Fred Contaoi - Assistant Director, County Transporta-
tion/Flood Control Department
6 . Gene Klatt - Assistant City Engineer
7 . Roger Hardgrave - Director of Public Works/City
Engineer
After carefully reviewing the qualifications and experi-
ence of the 8 consultants , the firm of Ludwig Engineering was
selected as being the best suited at this time to provide the
necessary design services for Phase I , from Mill Street and "I"
Street to Fifth Street and "J" Street.
An agreement has accordingly been negotiated with Ludwig
Engineering to prepare the construction plans, specifications and
estimate, for Phase I . Also, to provide the required survey and
preliminary soils testing for all four phases . The fees for
these services are a maximum amount of $22 , 990 for Phase I and
$42 , 000 for surveying and soil investigation for all 4 phases .
A total amount of $615 , 300 has been allocated, under
Accounts No. 245-365--57702 and 245-365-57703 , to finance the
costs that will be incurred for Phase I .
We recommend that the Agreement be approved.
2-24-94
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LUDWIG ENGINEERING RELATING TO THE
3 PROVISION OF PROFESSIONAL DESIGN SERVICES FOR THE NORTHWEST
INTERCEPTOR SEWER.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement with Ludwig Engineering relating to the
9 preparation of construction plans , specifications and estimates
10 for Phase I , and surveying and soils investigation for all four
11 (4) phases for the Northwest Interceptor Sewer, a copy of which
12 agreement is attached hereto, marked Exhibit "A" and incorporated
13 herein by reference as fully as though set forth at leng}h.
14 SECTION 2 . This agreement, and any amendment or
15 modifications thereto shall not take effect or become operative
16 until fully signed and executed by both parties . The City shall
17 not be obligated hereunder unless and until the agreement is
18 fully executed and no oral agreement relating thereto shall be
19 implied or authorized.
20 SECTION 3 . This resolution is rescinded if the parties
21 to the agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
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2-24-94
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH LUDWIG ENGINEERING
FOR NORTHWEST INTERCEPTOR SEWER.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1994 , by the following vote, to-wit:
5 Council Members : AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
Rachel Clark, City Clerk
15 The foregoing resolution is hereby approved this
16 day of 1994 .
17
18 Tom Minor, Mayor
19 Citv of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By r .tom
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28 - 2 -
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of
, 1994 , by and between the CITY OF SAN
BERNARDINO, California, a municipal corporation, hereinafter referred
to as the "CITY" and LUDWIG ENGINEERING, INC. , a California corpora-
tion, hereinafter referred to as "ENGINEER. "
W I T N E S S E T H
WHEREAS, City desires to obtain professional services to prepare
plans, specifications, estimates and construction documents for
Interceptor Sewer Phase I Improvements - From Mill Street at "I" Street
to 5th and nJII Streets and the survey and geotechnical investigation
for Phases I-IV;
WHEREAS, in order to develop plans, specifications, estimates and
construction documents, it is necessary to retain the professional
services of a qualified engineering and consulting firm; and
WHEREAS, Engineer is qualified to provide said professional
services; and
WHEREAS, San Bernardino City Council has elected to engage the
services of Engineer upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
Services" and as contained in the proposal dated February 22 , 1994 , a
copy of which is attached hereto as Exhibit "1" and incorporated as
though set forth in full.
2 . TERM OF AGREEMENT
The services of Engineer are to commence within thirty (30) days
after the City has authorized work to start by issuance of a Notice to
Proceed. The scheduled completion dates specifically set forth in
Exhibit 112" attached hereto and incorporated herein as though set forth
in full, will be adjusted by Engineer as the City authorizes the work.
Such adjustments shall require City approval prior to commencement of
performance of each phase. This Agreement shall expire as specified by
the Exhibit 112" schedule unless extended by written agreement of the
parties.
3 . STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in conform-
ance with Standard Specifications for Public Works Construction (Green-
book) , the City of San Bernardino's Standard Drawings and the
1
requirements and standards of the County Flood Control district and
AT&SF Railroad as they may apply to this project.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Ser-
vices, " is made an obligation of Engineer under this Agreement, subject
to any changes made subsequently upon mutual agreement of the parties.
All such changes shall be incorporated by written amendments to this
Agreement and include any increase or decrease in the amount of
compensation due Engineer for the change in scope. Any change which
has not been so incorporated shall not be binding on either party.
B. No extra services shall be rendered by Engineer under this
Agreement unless such extra services are authorized, in writing, by
City prior to performance of such work. Authorized extra services
shall be invoiced based on Engineer's "Schedule of Hourly Rates" dated
August 1, 1993 to August 1, 1994 , a copy of which is attached, hereto,
as Exhibit 114" and incorporated, herein, as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Engineer for actual costs
(including labor costs, employee benefits, overhead, profit, other
direct and indirect costs) incurred by the Engineer in performance of
the work, in an amount not to exceed $65, 290. Actual costs shall not
exceed the estimated wage rates and other costs as set forth in Exhibit
11311 , attached hereto and incorporated herein as though set forth in
full.
B. Said compensation shall not be altered unless there is
significant alteration in the scope, complexity or character of the
work to be performed. Any such significant alteration shall be agreed
upon in writing by City and Engineer before commencement of performance
of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be
permitted when the Engineer establishes and City has agreed, in
writing, that there has been, or is to be, a significant change in:
1. Scope, complexity, or character of the services to be
performed;
2 . Conditions under which the work is required to be performed;
and
3 . Duration of work if the change from the time period speci-
fied in the Agreement for Completion of the work warrants
such adjustment.
C. The Engineer is required to comply with all Federal, State
and Local laws and ordinances applicable to the work. The Engineer is
required to comply with prevailing wage rates in accordance with
California Labor Code Section 1770.
2
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this
Agreement shall be submitted monthly by_ Engineer to City and shall be
paid by City within twenty (20) days after receipt of same, excepting
any amounts disputed by City. Dispute over any invoiced amount shall
be noticed to the Engineer within ten (10) days of billing and a meet
and confer meeting for purposes of resolution of such dispute shall be
initiated by the City within ten (10) days of notice of such dispute.
Interest of 1-1/2 percent per month (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not in dispute and not
paid within thirty (30) days of the billing date, payment thereafter to
be applied first to accrued interest and then to the principal unpaid
amount. On disputed amounts, interest shall accrue from thirty (30)
days of the invoice date if the amount in dispute is resolved in favor
of the Engineer. All tasks as specified in Exhibit "1" shall be
completed prior to final payment.
B. Section 9-1. 10 of the Cal-Trans Standard Specifications is
hereby specifically waived and not applicable to this agreement. The
parties hereto otherwise agree not to be bound by any other require-
ments for arbitration of any dispute arising hereunder. Disputes shall
be resolved by agreement of the parties, or upon the failure of such
agreement, by direct application to the Courts.
C. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the amount
payable under this Agreement, then all litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be
paid to the prevailing party.
7 . SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of City, or his designee, shall
have the right of general supervision over all work performed by
Engineer and shall be City's agent with respect to obtaining Engineer's
compliance hereunder. No payment for any services rendered under this
Agreement shall be made without prior approval of the Director of
Public Works or his designee.
B. The Office of the Administrator may review and inspect the
Engineer's activities during the progress of the program.
8 . COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color,
religion, sex, marital status or national origin. Engineer shall
promote affirmative action in its hiring practices and employee
policies for minorities and other designated classes in accordance with
Federal, State and Local laws. Such action shall include, but not be
limited to, the following: recruitment and recruitment advertising,
employment, upgrading, and promotion. In addition, Engineer shall not
exclude from participation under this Agreement any employee or
3
applicant for employment on the basis of age, handicap, or religion in
compliance with State and Federal laws.
9. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon thirty
(30) days' written notice in the event of substantial failure of the
other party to perform in accordance with the terms of this Agreement.
Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure, giving rise to such
notice. In the event of termination of this Agreement, City shall
within thirty (30) days pay Engineer for all the fees, charges and
services performed to City's satisfaction by Engineer, which finding of
satisfaction shall not be unreasonably withheld. Engineer hereby
covenants and agrees that upon termination of this Agreement for any
reason, Engineer will preserve and make immediately available to City,
or its designated representatives, maps, notes, correspondence, or
records related to work paid for by the City and required for its
timely completion, and to fully cooperate with City so that the work to
be accomplished under this Agreement may continue within forty-five
(45) days of termination. Any subsequent use of such incomplete
documents shall be at the sole risk of the City, and the City agrees to
hold harmless and indemnify Engineer from any claims, losses, costs,
including attorney's fees and liability arising out of such use.
Engineer shall be compensated for such services in accordance with
Exhibit 114" .
B. This agreement may be terminated for the convenience of the
City upon thirty (30) days written notice to Engineer. Upon such
notice, Engineer shall provide work product to City, and City shall
compensate Engineer in the manner set forth above.
C. Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall continue until
all obligations arising from such termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and
without the fault or negligence of Engineer, Engineer fails to meet any
of its obligations under this Agreement, and such failure shall not
constitute a default in performance, the City may grant to Engineer
such extensions of time and make other arrangements or additions,
excepting any increase in payment, as may be reasonable under the
circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Engineer shall notify City
within three (3) days in writing when it becomes aware of any event or
circumstance for which it claims or may claim an extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the perfor-
mance of the services provided for under this Agreement. Engineer
shall furnish such services in its own manner and in no respect shall
it be considered an agent or employee of City.
4
12 . ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be assigned
by Engineer without the written consent of City. Any attempt by
Engineer to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and
shall constitute a breach of this Agreement. All subcontracts
exceeding $10, 000, shall contain all provisions of this contract.
13 . NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of Engineer and
City:
ENGINEER CITY
Ludwig Engineering, Inc. Mr. Roger Hardgrave
109 E. Third Street Director of Public Works/
San Bernardino, CA 92410 City Engineer
Attn: Mr. Glen L. Ludwig 300 North "D" Street
San Bernardino, CA 92418
14 . RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data
provided through the City or its agents without independent evaluation.
B. The City shall pay all costs of inspection and permit fees.
Charges not specifically covered by the terms of this Agreement shall
be paid as agreed by the parties hereto at the time such costs arise;
but in no event shall the work to be performed hereunder cease as a
consequence of any unforeseen charges unless by mutual written
agreement of City and Engineer.
C. All tracings, survey notes, and other original documents are
instruments of service and shall remain the property of Engineer except
where by law, precedent, or agreement these documents become public
property. All such documents or records shall be made accessible to
City. Engineer shall maintain all records for inspection by the City,
State, or their duly authorized representatives for a period of three
(3) years after final payment. Engineer shall stamp and sign all
specifications, estimates, plans and engineering data furnished, and,
where appropriate, indicate registration number.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Engineer
represents his judgment as a design professional and is supplied for
the general guidance of the City. Since Engineer has no control over
the cost of labor and material, or over competitive bidding or market
conditions, Engineer does not guarantee the accuracy of such opinions
as compared to contractor bids or actual cost to the City.
5
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Engineer for the
purpose of securing business. For breach or violation of this
warranty, City shall have the right to terminate this Agreement in
accordance with the clause permitting termination for cause and, at its
sole discretion, to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
17. HOLD HARMLESS CLAUSE
A. Engineer hereby agrees to hold City, its elective, and
appointive boards, officers, and employees, harmless from any liability
for damage or claims for damage for personal injury including death, as
well as from claims for property damage, which may arise from Eng-
ineer's negligent acts, errors or omissions under this Agreement.
B. Engineer shall indemnify, defend and hold free and harmless
the City, its officers, and its employees from all claims, damages,
costs, expenses, and liability, including, but not limited to, attor-
ney's fees imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use
by City, its officers, employees, agents, and other duly authorized
representatives, of programs or processes supplied to City by Engineer
under this Agreement.
18 . INDEMNITY
Engineer shall indemnify, defend and hold harmless City from and
against any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) , and liabilities, of, by, or with respect
to third parties, which arise solely from Engineer's negligent
performance of services under this Agreement. Engineer shall not be
responsible for, and City shall indemnify, defend, and hold harmless
Engineer from and against, any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including attorney's fees) and liabilities of, by, or with
respect to third parties, which arise solely from the City's
negligence. With respect to any and all claims, demands, suits,
actions, proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of, by or
with respect to third parties, which arise from the joint or concurrent
negligence of Engineer and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
6
19. LIABILITY/INSURANCE
A. Engineer's liability insurance for injury or damage to
persons or property arising out of work for which legal liability may
be found to rest upon Engineer other than for professional errors and
omissions, shall be a minimum of $1, 000, 000. For any damage on account
of any error, omission, or other professional negligence, Engineer's
insurance shall be limited in a sum not to exceed $50, 000 or Engineer's
fee, whichever is greater.
B. The City will require the Engineer to provide Workers
Compensation and comprehensive general liability insurance, including
completed operations and contractual liability, with coverage suffi-
cient to insure the Engineer's indemnity, as above required; and, such
insurance will include the City, the Engineer, their consultants, and
each of their officers, agents and employees as additional insureds.
C. Engineer shall provide evidence of insurance in the form of
a policy of insurance, in which the City is named as an additional
named insured to the extent of the coverage required by this Agreement.
20. VALIDITY
Should any provision herein be found or. deemed to be invalid,
this Agreement shall be construed as not containing such provision, and
all other provisions which are otherwise lawful shall remain in full
force and affect, and to this end the provisions of this Agreement are
declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the parties hereto and supersedes all prior and contemporaneous
negotiations, representations, understandings, and agreements, whether
written or oral, with respect to the subject matter thereof. This
Agreement may be amended only by written instrument signed by both
parties.
7
AGREEMENT FOR: PROFESSIONAL DESIGN SERVICES FOR THE NORTHWEST
INTERCEPTOR SEWER - PHASE I-IV
IN WITNESS WHEREOF, the parties, hereto, have caused this
Agreement to be executed on the date written above by their duly
authorized officers on their behalf.
CITY OF SAN BERNARDINO
BY:
Tom Minor, Mayor
ATTEST:
By:
Rachel Clark, City Clerk
Ludwig Engineering
By:
President
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
8
109 EAST THIRD STREET • SAN BERNARDINO. CALIFORNIA 92410-4801
A CORPORATION (909) 884-8217 • FAX (909) 889-0153
CIVIL ENGINEERING :SURVEYING
February 22, 1994
City of San Bernardino
Public Works/Engineering
300 N. "D" St.
San Bernardino, CA 92418
ATTENTION: GENE T. KLATT, ASSISTANT CITY ENGINEER
RE: NORTHWEST INTERCEPTOR SEWER AGREEMENT, PHASE I-IV SURVEY
AND MAPPING, PHASE I PLANS, SPECIFICATIONS AND ESTIMATES
Dear Mr. Klatt:
Enclosed are four copies of the following exhibits to be attached to referenced agreement.
1. Scope of Services Exhibit I
2. Schedule Exhibit II
3. Fixed Fee Compensation Exhibit III
4. Hourly Rate Schedule Exhibit IV
Our original cost estimate was based upon providing mapping to meet our needs to prepare
the construction drawings. Now that we are going to provide the mapping to the other
consultants, it must be provided in greater detail to satisfy most of their demands.
Consequently, the estimate was adjusted.
We sincerely appreciate this opportunity to be of service to you.
Very truly yours,
Richard J. Rieker, P.E.
bg
Enc.
z,V P/NW-Sewer
CITY OF SAN BERNARDINO
NORTHWEST INTERCEPTOR
SCOPE OF SERVICES
SURVEY CONTROL AND MAPPING
PHASES I - IV
FEBRUARY 22, 1994
I. Survey Control and Mapping
A. Establish vertical and horizontal control.
B. Furnish control diagram.
C. Provide photogrammetric engineering services as described in Aero Tech
Surveys, Inc. proposal dated February 7, 1994 including AutoCADD format
at 40 scale and 200 foot wide strip.
D. Provide color contact photographs;enlargements can be obtained at additional
cost.
E. Measure invert depths at sewer manholes within 150 feet of intersections for
sewerlines crossing the interceptor; surface indications of utilities will be
plotted if not obscured.
II.
Geotechnical Investigation
Provide geotechnical services in accordance with proposal from CJH Incorporated
dated February 7, 1994. A discussion of engineering characteristics of subsurface
soils will be provided together with recommendations for site grading, bedding and
backfill characteristics, bearing capacity and lateral earth and recommendations to
mitigate unusual soil conditions encountered.
EXHIBIT I
Page 1 of 3
CITY OF SAN BERNARDINO
NORTHWEST INTERCEPTOR
SCOPE OF SERVICES
PLANS, SPECIFICATIONS, AND ESTIMATES
PHASE I
I. Research
A. Contact Dig-Alert in order to identify utility companies serving the project
area.
B. Send letters to utility companies requesting copies of maps, records, or atlas
showing the location, type, and size of their facilities.
C. Secure records from the City of San Bernardino for water, sewer and street
and drainage facilities.
D. compile right of way information from Caltrans and Assessor's records.
E. Secure copy of City Sewer Master Plan for areas tributary to the Northwest
Interceptor Sewer.
II. Preliminary Survey
This portion of the work is included in the survey and mapping services provided for
all of the phases.
III. Preliminary Design and Alignment Study
A. Provide a cursory review of General Plan and land uses that Master Plan of
Sewers was originally based upon and compare to existing General Plan land
uses.
B. If significant land use variations are noted, estimate the design flows required.
C. Based upon existing utilities, connection points, and Santa Fe requirements,
identify a suggested horizontal alignment and profile for sewer.
D. Provide a preliminary quantity and cost estimate.
IV. Right of Way Engineering
A. Provide preliminary plans to Caltrans for comments near the terminus of the
Third Street offramp and Fifth Street.
B. Provide preliminary plans to Santa Fe for review and comments.
C. Prepare right of way maps and legal description for the sewer crossing the
Santa Fe property.
EXHIBIT I
Page 2 of 3
V. Plans, Specifications, and Cost Estimates
A. Prepare 40 scale construction plans and details for the connection of the
interceptor to the sewer in Mill Street, the siphon manholes at Lytle Creek,
the boring under "I" Street and Santa Fe tracks for the proposed sewer from
a proposed manhole on the south side of Fifth Street at "J" Street southerly
across Santa Fe property and "I" Street to the Mill Street connection.
B. Prepare special provisions for the construction of the sewer together with
performance requirements of Santa Fe.
C. Provide copies of the plans and specifications to the City, Santa Fe, Caltrans,
and Flood Control District for review and comment.
E. Prepare a final engineer's quantity and cost estimate.
Services by City
City will assist in locating water and sewer facilities by potholing if necessary.
EXHIBIT I
Page 3 of 3
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CITY OF SAN BERNARDINO
NORTHWEST INTERCEPTOR
FEE FOR SERVICES
Phases I-IV (Entire Project)
Survey and Mapping $36,000
Geotechnical Investigation 6,300
$42,000
Phase I
I. Research $3,150
II. Preliminary Design and Alignment Study 4,000
III. Right of Way 2,400
IV. Plans and Specifications 13,440
22,990
$65,290
Exhibit III
0
109 EAST THIRD STREET • SAN BERNARDINO, CALIFORNIA 92410-4801
A CORPORATION (909) 884-8217 • FAX (909) 889-0153
CIVIL ENGINEERING : SURVEYING
RATES: AUG. 1, 1993-AUG. 1, 1994
OFFICE Project Manager I $84.00/hr.
Engineering Aide I S31.00/hr. Project Manager II $88.00/hr.
Engineering Aide II S34.00/hr. Project Manager III $93.00/hr.
Engineering Aide III S38.00/hr. Principal Engineer $98.00/hr.
Engineering Aide IV S42.00/hr.
Engineering Aide V $47.00/hr. FIELD:
Designer/Draftsman I S44.00/hr. Field Crew Supervisor I S 63.00/hr.
Designer/Draftsman II S48.00/hr. Field Crew Supervisor II S 84.00/hr.
Designer/Draftsman III S52.00/hr. 2-Man Survey Crew S119.00/hr.
Designer/Draftsman IV S57.00/hr. 2-Man Survey Crew With EMD S135.00/hr.
Designer/Draftsman V S60.00/hr. 3-Man Survey Crew $160.00/hr.
Senior Designer S64.00/hr. 3 7Man Survey Crew With EMD S176.00/hr.
Project Engineer I S70.00/hr. Mileage $ 0.35/mi.
Project Engineer II $74.00/hr. Computer Charge $ 0.50/min.
Project Engineer III S77.00/hr. Materials and Outside
Senior Planner S76.00/hr. Contract Work Cost Plus 20%
EXHIBIT IV
AFRO TECH SURVEYS, INC.
RECEIVED
Ludwig Engineering, Inc. February 7, 1994
109 East Third Street FED
San Bernardino, CA 92410
LUDWIG EN iNEERING
Attention: Mr . Joe Dutched
RE: Proposal for Aerial Survey, SBdo. N/W Interceptor Sewer
Dear Mr. Dutched:
We are pleased to submit this proposal for photogrammetric
engineering services consisting of the following:
Furnish flying, photography, digital mapping, Vango tapes, and
computer plotted final mylar sheets . Digitally collect all
planimetrics, two foot contours, and spot elevations . The length
of the alignment is understood to be nominally 28, 000 feet .
The fees to perform these services would be as follows :
$,CALB WIDTH MAPPED UK
40 400 ft . $15, 965 .00
40 300 ft. $14, 370. 00
40 200 ft . $12, 770.00
50 400 ft. $14, 900. 00
50 300 ft. $13, 305.00
50 200 ft. $11, 795.00
Due to the size of this project, it is highly recommended that
analytical bridging be used in order to reduce the number of
aerial targets required . If bridging is used, the number of
targets needed would be thirty ( 30) . Please see the attached map
for approximate locations . The additional cost for analytical
bridging would be $4,125. 00 '-� 40 scale, and $2, 850.00 at 50
scale, regardless of the width mapped . If it is your wish to set
full field control for this project, the number of targets would
nearly triple . Please contact our office is you wish to set full
field control .
If you should have any questions, or if we can be of any
assistance to you, please do not hesitate to contact our office .
Thank you for inviting us to submit a proposal on this project.
Sincerely,
Aero ech Sprve ys Inc.
Brad Arshat
Associate
6810 Airport Drive Riverside, CA 92504 (909) 785-0160
CC�� • Nor • INCORPORATED
P.O. Box 231 • 1355 E.Cooley Dr.,Colton,CA 92324 • Phone(909)824-7210 • Fax(909)824-7209
February 7, 1994
DECEIVED ,
Ludwig Engineers Inc.
109 East 3rd Street
San Bernardino, California 92410
Attention: Mr. Dick Reiker
Subject: Proposal to Perform Geotechnical Investigation
Proposed Northwest Interceptor Sewer Project
Phases 1 through 4
San Bernardino, California
Dear Mr. Reiker:
Thank you for Lne opportunity to submit this proposal to perform the geotechnical investigation for
the subject project. As we understand it, the project is to be developed in 4 phases. Phases 1, 2,
3 and 4 will be approximately 6,800, 6,000, 5,500, 7,500 lineal feet. The interceptor sewer is to
extend from the intersection of Mill Street and "I" Street, to the intersection of Porter Street and
California Street within the city of San Bernardino, California, and ranges in size from 24 to 30
inches in diameter.
Our geotechnical investigation will be performed utilizing a truck-mounted drill rig. As requested,
four exploratory borings will be placed along the proposed alignment in order to evaluate the
geotechnical conditions along the alignment. The number of borings are as requested. Continuous
SOILS ENGINEERING • GEOLOGY • ENVIRONMENTAL • MATERIALS TESTING&EVALUATION • CONSTRUCTION INSPECTION
Ludwig Engineers, Inc.
Page No. 2
February 7, 1994
logs of the subsurface soil conditions, as encountered within our exploratory borings, will be
recorded by a staff geologist from this firm, who will direct the field investigation. A split spoon
ring sampler will be driven ahead of the borings at approximate five foot intervals, to the full depth
of each boring. Standard Penetration Test (SPT)blowcounts will be recorded at each sample depth.
Undisturbed as well as bulk samples of the soils encountered will be placed in sealed containers and
returned to the laboratory for testing and evaluation.
Prior to the field investigation, Underground Service Alert will be notified and the respective utility
companies will be notified. Also, all necessary arrangements for appropriate permits will be made.
It should be noted, that although not anticipated, the permit processing time may result in delays
in initiating our field investigation.
Upon completion of the field investigation, testing will be performed on samples returned to the
laboratory in order to determine the engineering characteristics of the on-site materials. Laboratory
testing will include, but not necessarily be limited to, moisture content determinations, optimum
moisture - maximum density relationships, direct shear strength, soluble sulfate, sand equivalent,
consolidation and expansion potential, if necessary.
Following completion of the field and laboratory investigations, a report will be prepared defining
the scope and procedures involved in our investigation. The report will be issued as a feasibility
study due to the minimum number of exploratory borings placed. The report will discuss the
engineering characteristics of the subsurface soils and will include recommendations for site
grading, bedding and backfill characteristics, bearing capacity, and lateral earth pressure parameters
as well as recommendations to mitigate any unusual soil conditions encountered.
Our cost to perform the geotechnical investigation, as outlined above for all four phases, will be
$6,300.00. Due to the minimum of borings proposed, it is our opinion that an individual
geotechnical investigation for each phase will not be cost effective. Our investigation can begin
within approximately three working days, weather permitting, from our receipt of the signed white
Ludwig Engineers, Inc.
Page No. 3
February 7, 1994
copy of the enclosed "Authorization for Service" and Exhibit "A". Also, our field investigation
is contingent upon obtaining the required encroachment permits from the City of San Bernardino.
Acceptance of this proposal indicates an understanding of the limitations, as outlined in Exhibit
"A". Our final report will be issued within approximately two to three weeks following completion
of the field investigation.
We thank you again for the opportunity to present this proposal and look forward to working with
you and seeing this project through to its successful completion. Should questions arise concerning
this proposal, please do not hesitate to contact this firm at your convenience.
Respectfully submitted,
C.H.J., INCORPORATED
JGinjali Kanchi, Senior Staff Engineer
- G
Donald M. Matthews, P.E.
Vice President
GK/DMM:sp
Enclosures: Authorization for Service
Exhibit "A"
CITY OF SAN BERN. RDINO REQUEST F R COUNCIL ACTION
File No. 3. 14-24
ROGER G. HARDGRAVE Authorization to Execute Agreement
Frr Subject: for Professional Services -
Public Works Northwest Interceptor Sewer, Phase
Def.._. I I ---
Date: 2-24-94 BONADIMAN ENGINEERS, INC.
Synopsis of Previous Council action:
June, 1986 - Allocation of $507 , 200 in 1986/87 Sewer Line
Construction Fund Budget, approved.
Recommended motion:
Adopt resolution.
cc: Shauna Clark
Jim Penman
ZE9���-
Signature
Contact person: Roger G. Hardgrave Phone: 5025
Staff Report, Agreement
Supporting data attached: and Resolution Ward: 1
FUNDING REQUIREMENTS: Amount: $25 , 600 (Sewer Line Construction Fund)
Source: (Acct. No.) 245-365-57710
Acct. Description) Northwest Interceptor Sewer,
Phase TT F Fifth & "J" to Medical Center Dr. & Finance:
6th Streets
C 'I Notes:
75-0262 Agenda Item No._
CITY OF SAN BERN, IDINO - REQUEST F R COUNCIL ACTION
STAFF REPORT
The latest Sewer Master Plan, prepared in 1982 , shows the
need for an interceptor line to serve the northwest portion of
the City. This line will extend from an existing stub at Mill
Street and "I" Street, to connect to the existing interceptor at
27th Street and Porter Street.
In view of the very favorable bids now being received for
construction projects, it appears that the timing is appropriate
to proceed with construction of this line, known as the Northwest
Interceptor Sewer.
A request was submitted to the 26 Civil Engineering firms
within the City limits for a Letter of Interest in providing the
professional design services for one or more of the 4 phases of
this project. The Letters of Interest received were reviewed by
a screening committee, who selected 9 firms to receive a Request
for Proposals .
The 8 proposals received were reviewed on 1-26-94 , by a
selection committee comprised of the following persons:
1 . Dr. Fred J. Curlin - Councilman, Second Ward
2 . Ralph Hernandez - Councilman, Third Ward
3 . Rav Salvador - Administrative Assistant to Mavor
4 . Bob Brendza - Manager, Industrial Development for
Santa Fe Railway
5. Fred Contaoi - Assistant Director, County Transporta-
tion/Flood Control Department
6 . Gene Klatt - Assistant City Engineer
7 . Roger Hardgrave - Director of Public Works/City
Engineer
After carefully reviewing the qualifications and experi-
ence of the 8 consultants , the firm of Bonadiman Engineers, Inc.
was selected as being the best suited at this time to provide the
necessary design services for Phase II, from Fifth Street and "J"
Street to Sixth Street and Medical Center Drive.
An agreement has accordingly been negotiated with
Bonadiman Engineers, Inc. to prepare the construction plans,
specifications and estimate, for Phase II .
A total amount of $507 , 200 has been allocated, under
Account No. 245-365-57710 to finance the costs that will be
incurred for Phase II .
We recommend that the Agreement be approved.
2-24-94
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH BONADIMAN ENGINEERS, INC. RELATING
3 TO THE PROVISION OF PROFESSIONAL DESIGN SERVICES FOR THE
NORTHWEST INTERCEPTOR SEWER.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6 SECTION 1 . The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement with Bonadiman Engineers, Inc. relating to the
9 preparation of construction plans, specifications and estimates
10 for Phase II , for the Northwest Interceptor Sewer, a copy of
11 which agreement is attached hereto, marked Exhibit "A" and
12 incorporated herein by reference as fully as though set forth at
13 length.
14 SECTION 2 . This agreement, and any amendment or
15 modifications thereto shall not take effect or become operative
16 until fully signed and executed by both parties . The City shall
17 not be obligated hereunder unless and until the agreement is
18 fully executed and no oral agreement relating thereto shall be
19 implied or authorized.
20 SECTION 3 . This resolution is rescinded if the parties
21 to the agreement fail to execute it within sixty (60) days of the
22 passage of this resolution.
23
24
25
26
27
28
2-24-94
RESO: AUTHORIZING EXECUTION OF AGREEMENT WITH BONADIMAN
ENGINE- S , INC. FOR DESIGN .° 'ZVICES FOR NORTHWEST
INTERCL�TOR SEWER.
1 I HEREBY CERTIFY that the foregoing resolution was duly
2 adopted by the Mayor and Common Council of the City of San
3 Bernardino at a meeting thereof, held on the
4 day of 1994 , by the following vote, to--wit:
5 Council Members: AYES NAYS ABSTAIN ABSENT
6 NEGRETE
7 CURLIN
8 HERNANDEZ
9 OBERHELMAN
10 DEVLIN
11 POPE-LUDLAM
12 MILLER
13
14
Rachel Clark, City Clerk
15
The foregoing resolution is hereby approved this
16
day of 1994 .
17
18
Tom Minor, Mayor
19 City of San Bernardino
Approved as to form
20 and legal content:
21 James F. Penman
City Attorney
22
23 By
24
25
26
27
28
2 -
AGREEMENT FOR PROFESSIONAL SERVICES
This AGREEMENT is made and entered into this day of
, 1994, by and between the CITY OF SAN
BERNARDINO, California, a municipal corporation, hereinafter referred
to as the "CITY" and BONADIMAN ENGINEERS, INC. , a California corpora-
tion, hereinafter referred to as "ENGINEER. "
W I T N E S S E T H
WHEREAS, City desires to obtain professional services to prepare
plans, specifications, estimates and construction documents for
Interceptor Sewer Phase II Improvements - From 5th at 11J11 Street to 6th
at Medical Center Drive with the survey and geotechnical investigation
provided by others;
WHEREAS, in order to develop plans, specifications, estimates and
construction documents, it is necessary to retain the professional
services of a qualified engineering and consulting firm; and
WHEREAS, Engineer is qualified to provide said professional
services; and
WHEREAS, San Bernardino City Council has elected to engage the
services of Engineer upon the terms and conditions as hereinafter set
forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
Services, " and as contained in the proposal dated February, 1994, a
copy of which is attached hereto as Exhibit 111" and incorporated as
though set forth in full.
2. TERM OF AGREEMENT
The services of Engineer are to commence within thirty (30) days
after the City has authorized work to start by issuance of a Notice to
Proceed. The scheduled completion dates specifically set forth in
Exhibit 112" attached hereto and incorporated herein as though set forth
in full, will be adjusted by Engineer as the City authorizes the work.
Such adjustments shall require City approval prior to commencement of
performance of each phase. This Agreement shall expire as specified by
the Exhibit 112" schedule unless extended by written agreement of the
parties.
3. STANDARD OF PERFORMANCE
Engineer shall complete all work product and design in conform-
ance with Standard Specifications for Public Works Construction (Green-
book) , the City of San Bernardino's Standard Drawings and the
1
requirements and standards of the County Flood Control district and
AT&SF Railroad as they may apply to this project.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Ser-
vices, " is made an obligation of Engineer under this Agreement, subject
to any changes made subsequently upon mutual agreement of the parties.
All such changes shall be incorporated by written amendments to this
Agreement and include any increase or decrease in the amount of
compensation due Engineer for the change in scope. Any change which
has not been so incorporated shall not be binding on either party.
B. No extra services shall be rendered by Engineer under this
Agreement unless such extra services are authorized, in writing, by
City prior to performance of such work. Authorized extra services
shall be invoiced based on Engineer's "Schedule of Hourly Rates" dated
August 1, 1992, a copy of which is attached, hereto, as Exhibit 114" and
incorporated herein as though set forth in full.
5. COMPENSATION
A. The City shall reimburse the Engineer for actual costs
(including labor costs, employee benefits, overhead, profit, other
direct and indirect costs) incurred by the Engineer in performance of
the work, in an amount not to exceed $25. 600. 00. Actual costs shall
not exceed the estimated wage rates and other costs as set forth in
Exhibit 113111 attached hereto and incorporated herein as though set
forth in full.
B. Said compensation shall not be altered unless there is
significant alteration in the scope, complexity or character of the
work to be performed. Any such significant alteration shall be agreed
upon in writing by City and Engineer before commencement of performance
of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be
permitted when the Engineer establishes and City has agreed, in
writing, that there has been, or is to be, a significant change in:
1. Scope, complexity, or character of the services to be
performed;
2 . Conditions under which the work is required to be performed;
and
3. Duration of work if the change from the time period speci-
fied in the Agreement for Completion of the work warrants
such adjustment.
C. The Engineer is required to comply with all Federal, State
and Local laws and ordinances applicable to the work. The Engineer is
required to comply with prevailing wage rates in accordance with
California Labor Code Section 1770.
2
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this
Agreement shall be submitted monthly by Engineer to City and shall be
paid by City within twenty (20) days after receipt of same, excepting
any amounts disputed by City. Dispute over any invoiced amount shall
be noticed to the Engineer within ten (10) days of billing and a meet
and confer meeting for purposes of resolution of such dispute shall be
initiated by the City within ten (10) days of notice of such dispute.
Interest of 1-1/2 percent per month (but not exceeding the maximum rate
allowable by law) will be payable on any amounts not in dispute and not
paid within thirty (30) days of the billing date, payment thereafter to
be applied first to accrued interest and then to the principal unpaid
amount. On disputed amounts, interest shall accrue from thirty (30)
days of the invoice date if the amount in dispute is resolved in favor
of the Engineer. All tasks as specified in Exhibit 111" shall be
completed prior to final payment.
B. Section 9-1. 10 of the Cal-Trans Standard Specifications is
hereby specifically waived and not applicable to this agreement. The
parties hereto otherwise agree not to be bound by any other require-
ments for arbitration of any dispute arising hereunder. Disputes shall
be resolved by agreement of the parties, or upon the failure of such
agreement, by direct application to the Courts.
C. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the amount
payable under this Agreement, then all litigation and collection
expenses, witness fees, and court costs, and attorney's fees shall be
paid to the prevailing party.
7. SUPERVISION AND ACCEPTANCE OF SERVICES
A. The Director of Public Works of City, or his designee, shall
have the right of general supervision over all work performed by
Engineer and shall be City's agent with respect to obtaining Engineer's
compliance hereunder. No payment for any services rendered under this
Agreement shall be made without prior approval of the Director of
Public Works or his designee.
B. The Office of the Administrator may review and inspect the
Engineer's activities during the progress of the program.
8. COMPLIANCE WITH CIVIL RIGHTS LAWS
Engineer hereby certifies that it will not discriminate against
any employee or applicant for employment because of race, color,
religion, sex, marital status or national origin. Engineer shall
promote affirmative action in its hiring practices and employee
policies for minorities and other designated classes in accordance with
Federal, State and Local laws. Such action shall include, but not be
limited to, the following: recruitment and recruitment advertising,
employment, upgrading, and promotion. In addition, Engineer shall not
exclude from participation under this Agreement any employee or
3
applicant for employment on the basis of age, handicap, or religion in
compliance with State and Federal laws.
9. TERMINATION OF AGREEMENT
A. This agreement may be terminated by either party upon thirty
(30) days' written notice in the event of substantial failure of the
other party to perform in accordance with the terms of this Agreement.
Each party shall have twenty (20) days following date of such notice
within which to correct the substantial failure, giving rise to such
notice. In the event of termination of this Agreement, City shall
within thirty (30) days pay Engineer for all the fees, charges and
services performed to City's satisfaction by Engineer, which finding of
satisfaction shall not be unreasonably withheld. Engineer hereby
covenants and agrees that upon termination of this Agreement for any
reason, Engineer will preserve and make immediately available to City,
or its designated representatives, maps, notes, correspondence, or
records related to work paid for by the City and required for its
timely completion, and to fully cooperate with City so that the work to
be accomplished under this Agreement may continue within forty-five
(45) days of termination. Any subsequent use of such incomplete
documents shall be at the sole risk of the City, and the City agrees to
hold harmless and indemnify Engineer from any claims, losses, costs,
including attorney's fees and liability arising out of such use.
Engineer shall be compensated for such services in accordance with
Exhibit 114" .
B. This agreement may be terminated for the convenience of the
City upon thirty (30) days written notice to Engineer. Upon such
notice, Engineer shall provide work product to City, and City shall
compensate Engineer in the manner set forth above.
C. Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall continue until
all obligations arising from such termination are satisfied.
10. CONTINGENCIES
In the event that, due to causes beyond the control of and
without the fault or negligence of Engineer, Engineer fails to meet any
of its obligations under this Agreement, and such failure shall not
constitute a default in performance, the City may grant to Engineer
such extensions of time and make other arrangements or additions,
excepting any increase in payment, as may be reasonable under the
circumstances. Increases in payment shall be made only under the
"changes" provision of this Agreement. Engineer shall notify City
within three (3) days in writing when it becomes aware of any event or
circumstance for which it claims or may claim an extension.
11. INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the perfor-
mance of the services provided for under this Agreement. Engineer
shall furnish such services in its own manner and in no respect shall
it be considered an agent or employee of City.
4
12 . ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be assigned
by Engineer without the written consent of City. Any attempt by
Engineer to assign or subcontract any performance of this Agreement
without the written consent of the City shall be null and void and
shall constitute a breach of this Agreement. All subcontracts
exceeding $10, 000, shall contain all provisions of this contract.
13 . NOTICES
All official notices relative to this Agreement shall be in
writing and addressed to the following representatives of Engineer and
City:
ENGINEER CITY
Bonadiman Engineers, Inc. Mr. Roger Hardgrave
680 S. Waterman, P.O. Box 5932 Director of Public Works/
San Bernardino, CA 92412 City Engineer
Attn: Mr. Burrell R. Handy, III 300 North "D" Street
San Bernardino, CA 92418
14 . RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of data
provided through the City or its agents without independent evaluation.
B. The City shall pay all costs of inspection and permit fees.
Charges not specifically covered by the terms of this Agreement shall
be paid as agreed by the parties hereto at the time such costs arise;
but in no event shall the work to be performed hereunder cease as a
consequence of any unforeseen charges unless by mutual written
agreement of City and Engineer.
C. All tracings, survey notes, and other original documents are
instruments of service and shall remain the property of Engineer except
where by law, precedent, or agreement these documents become public
property. All such documents or records shall be made accessible to
City. Engineer shall maintain all records for inspection by the City,
State, or their duly authorized representatives for a period of three
(3) years after final payment. Engineer shall stamp and sign all
specifications, estimates, plans and engineering data furnished, and,
where appropriate, indicate registration number.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Engineer
represents his judgment as a design professional and is supplied for
the general guidance of the City. Since Engineer has no control over
the cost of labor and material, or over competitive bidding or market
conditions, Engineer does not guarantee the accuracy of such opinions
as compared to contractor bids or actual cost to the City.
5
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage, or
contingent fee, excepting bona fide employees or bona fide established
commercial or selling agencies maintained by the Engineer for the
purpose of securing business. For breach or violation of this
warranty, City shall have the right to terminate this Agreement in
accordance with the clause permitting termination for cause and, at its
sole discretion, to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such commission, percentage,
brokerage or contingent fee.
17 . HOLD HARMLESS CLAUSE
A. Engineer hereby agrees to hold City, its elective, and
appointive boards, officers, and employees, harmless from any liability
for damage or claims for damage for personal injury including death, as
well as from claims for property damage, which may arise from Eng-
ineer's negligent acts, errors or omissions under this Agreement.
B. Engineer shall indemnify, defend and hold free and harmless
the City, its officers, and its employees from all claims, damages,
costs, expenses, and liability, including, but not limited to, attor-
ney's fees imposed upon them for any alleged infringement of patent
rights or copyrights of any person or persons in consequence of the use
by City, its officers, employees, agents, and other duly authorized
representatives, of programs or processes supplied to City by Engineer
under this Agreement.
18. INDEMNITY
Engineer shall indemnify, defend and hold harmless City from and
against any and all claims, demands, suits, actions, proceedings,
judgments, losses, damages, injuries, penalties, costs, expenses
(including attorney's fees) , and liabilities, of, by, or with respect
to third parties, which arise solely from Engineer's negligent
performance of services under this Agreement. Engineer shall not be
responsible for, and City shall indemnify, defend, and hold harmless
Engineer from and against, any and all claims, demands, suits, actions,
proceedings, judgments, losses, damages, injuries, penalties, costs,
expenses (including attorney's fees) and liabilities of, by, or with
respect to third parties, which arise solely from the City's
negligence. With respect to any and all claims, demands, suits,
actions, proceedings, judgments, losses, damages, injuries, penalties,
costs, expenses (including attorney's fees) and liabilities of, by or
with respect to third parties, which arise from the joint or concurrent
negligence of Engineer and City, each party shall assume responsibility
in proportion to the degree of its respective fault.
6
19. LIABILITY/INSURANCE
A. Engineer's liability insurance for injury or damage to
persons or property arising out of work for which legal liability may
be found to rest upon Engineer other than for professional errors and
omissions, shall be a minimum of $1, 000, 000. For any damage on account
of any error, omission, or other professional negligence, Engineer's
insurance shall be limited in a sum not to exceed $50, 000 or Engineer's
fee, whichever is greater.
B. The City will require the Engineer to provide Workers
Compensation and comprehensive general liability insurance, including
completed operations and contractual liability, with coverage suffi-
cient to insure the Engineer's indemnity, as above required; and, such
insurance will include the City, the Engineer, their consultants, and
each of their officers, agents and employees as additional insureds.
C. Engineer shall provide evidence of insurance in the form of
a policy of insurance, in which the City is named as an additional
named insured to the extent of the coverage required by this Agreement.
20. VALIDITY
Should any provision herein be found or deemed to be invalid,
this Agreement shall be construed as not containing such provision, and
all other provisions which are otherwise lawful shall remain in full
force and affect, and to this end the provisions of this Agreement are
declared to be severable.
21. ENTIRE AGREEMENT
This Agreement represents the entire and integrated agreement
between the parties hereto and supersedes all prior and contemporaneous
negotiations, representations, understandings, and agreements, whether
written or oral, with respect to the subject matter thereof. This
Agreement may be amended only by written instrument signed by both
parties.
7
AGREEMENT FOR: PROFESSIONAL DESIGN SERVICES, PHASE II OF NORTHWEST
INTERCEPTOR SEWER
IN WITNESS WHEREOF, the parties hereto have caused this Agreement
to be executed on the date written above by their duly authorized
officers on their behalf.
CITY OF SAN BERNARDINO
BY:
Tom Minor, Mayor
ATTEST:
By:
Rachel Clark, City Clerk
BONADIMAN ENGINEERS, INC.
By:
President
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: 0�2.'l
8
EXHIBIT 1
PHASE II SAN BERNARDINO
NORTHWEST INTERCEPTOR
SCOPE OF SERVICES
TASKS
ENGINEER TO:
PR/l Obtain all record and quasi-record survey data such as
City Bench Marks and centerline monument ties, Records of
Survey, Tract Maps , Parcel Maps , Caltran' s Right-of-Way
Maps, Flood Control Maps and Railroad R/W maps .
PR/2 Obtain street improvement and utility as-builts plans for
horizontal and vertical locations and sizes of gas ,
electric, sewers, storm drains, power, cable T.V. , water,
petroleum mains, and cross-country communication lines .
PR/3 Obtain Assessor' s Maps for approximate property lines
locations and ownerships .
ENGINEER TO
S/1 Establish horizontal control using City centerline monument
ties and record data. Also to be used to confirm monument
positions for replacement of monuments damaged or destroyed
during construction.
S/2 Review, evaluate and incorporate field survey computer data
as provided by City.
S/3 Pick up from City aerial photos on plan and profile sheet .
ENGINEER TO
E/1 Analyze and size sewer interceptor line to include the:
a) Acquisition of zoning/general plan data;
b) Acquisition of city base maps to identify area which is
currently served & area proposed to be served;
c) Determination of City' s sewer peak factor.
E/lA Perform Utility search of as-built improvements .
E/1B Identify utility service connection conflicts to
residential, commercial and industrial users .
Page 1 of 3
E/2 Utilizing existing city base maps to:
a) Determine optimum sewer interceptor alignment;
b) Define major facilities which impact design;
c) Identify existing underground utilities;
d) Define primary connection point with existing sewer line;
e) Establish criteria for connections .
E/3 Establish preliminary alignment and grade .
E/4 Coordinate with city reclamation staff to identify possible
impacts to plant ; such as , a change in peak flow times
reaching the plant, and possible impacts to any associated
sewage lift stations .
E/5 Meet and coordinate with city traffic staff to identify
traffic conflicts .
E/6 Provide preliminary design documents at the 3001 completion
level and meet with city staff .
E/6A Incorporate city staff review comments/changes .
E/7 Review the provided utility research and pothole data.
E/8 Coordinate and de-conflict project elements with utility
companies .
E/9 Review, evaluate and incorporate soils and geotechnical
engineering data.
E/10 Prepare advanced plan and profile design documents to
include the:
E/10A Utilization of aerial photographic plan view to include
right - of - ways , property lines , utilities , street
improvements, proposed sewer and appurtenances .
E/10B Development of alignment and control bearings and distances,
north arrow, graphic scale and bench mark to include
horizontal and vertical control of all new improvements .
E/10C Preparation of profiles to include the proposed sewer mains
with slopes and inverts, manhole locations and all existing
utility crossings .
Page 2 of 3
E/11 Provide advanced design documents at the 800 completion
level and meet with city staff .
E/11A Incorporate city staff review comments/changes .
E/12 Prepare final contract/construction documents to include :
E/12A Completed special provisions and specifications;
E/12B Completed engineers construction cost estimate .
E/13 Provide final design documents at 1000 complete level and
meet with city staff .
E/13A Incorporate city staff review comments/changes .
E/14 Submit final design documentation to include :
E/14A Plan and profile sheets prepared on 24 1lx36" mylar stamped
and signed registered civil engineer, specifications and
final cost estimates;
E/14B Floppy disks completely usable with Intergraph, Autocadd or
other systems of your choice which can recognize " . dxf"
formatted files (if desired by the city staff) .
CITY TO
provide the following:
1) All aerial and field topography data;
2) 24" x 36" mylar sheets with profile grid, photo strips
and title blocks;
3) All geotechnical and soils data;
4) Utility identification support through potholing;
5) Horizontal and vertical control with bench mark
identified centerline bearings and distances;
6) Access to all city project related data.
Page 3 of 3
fn=SEWSI0.T
1270,11
February 1994
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L 270,6 BE"T-.T
EXHIBIT 4
BONADIMAN ENGINEERS, INC.
SMEOULE OF FEES
EFFECTIVE AUGUST 1, 1992
I . OWNER/PRINCIPAL
PRINCIPALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $100 . 00 per hr.
CONSULTING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 85 . 00 per hr.
CONSULTING (LEGAL)
Court Appearance . . . . . . . . . . . . . . . . . . . . . . . . 150 . 00 per hr.
Court Preparation and depositions . . . . . . . 130 . 00 per hr.
PROJECT MANAGER. . . . . . . . . . . . . . . . . . . . . . . . . . . 70 . 00 per hr.
PROFESSIONAL LAND SURVEYOR. . . . . . . . . . . . . . . . 70 . 00 per hr.
II . SENIOR ENGINEER/SURVEYOR. . . . . . . . . . . . . . . . . . . . . 65 . 00 per hr.
III . ASSOCIATE ENGINEER/SURVEYOR. . . . . . . . . . . . . . . . . . 60 . 00 per hr.
IV. ASSISTANT ENGINEER/SURVEYOR. . . . . . . . . . . . . . . . . . 55 . 00 per hr.
V. JUNIOR ENGINEER/SURVEYOR. . . . . . . . . . . . . . . . . . . . . 50 . 00 per hr.
VII . PRODUCTION MANAGER. . . . . . . . . . . . . . . . . . . . . . . . . . . 55 . 00 per hr.
ENGINEERING/SURVEYING TECHNICIAN II . . . . . . . . . . 52 . 00 per hr.
ENGINEERING/SURVEYING TECHNICIAN I . . . . . . . . . . . 50 . 00 per hr.
DRAFTSPERSON II . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 45 . 00 per hr.
DRAFTSPERSON I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35 . 00 per hr.
VIII . SECRETARIAL. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 25 . 00 per hr.
IX. BOOKKEEPING. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 . 00 per hr.
X. FIELD ENGINEERING
RESIDENT INSPECTOR. . . . . . . . . . . . . . . . . . . . . . . . 50 . 00 per hr.
FIELD SURVEY SUPERVISOR. . . . . . . . . . . . . . . . . . . 60 . 00 per hr.
RESIDENT ENGINEER. . . . . . . . . . . . . . . . . . . . . . . . . 60 . 00 per hr.
2-MAN SURVEY CREW. . . . . . . . . . . . . . . . . . . . . . . . . 105 . 00 per hr.
3-MAN SURVEY CREW. . . . . . . . . . . . . . . . . . . . . . . . . 135 . 00 per hr.
(Mileage, material & equipment included with crew time . )
XI . MISCELLANEOUS SERVICES AND EXPENSES
COMPUTER SERVICES (CAE) . . . . . . . . . . . . . . . . . . . 30 . 00 per hr.
COMPUTER SERVICES (CARD) . . . . . . . . . . . . . . . . . . 70 . 00 per hr.
SUBSISTENCE, MATERIAL & OTHER EXPENSES . . . . Cost + 20o
MILEAGE CHARGES . . . . . . . . . . . . . . . . . . . . . . . . . . . $0 .25 per mile
PRINTS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Current Rate
OUTSIDE CONSULTANT SERVICE. . . . . . . . . . . . . . . . Cost + 200
PERDIEM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Current Rate
NOTE: The above are based on straight time. Over-time and week-end time are
charged at 1 1/2 times and 2 times respectively. However, these fees
will only apply when the client directs an urgent completion date.
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