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CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
From: Michael E. Hays, Director Subject: Resolution Approving Amended
Dept: Development Services
Agreement with Parsons Brinckerhoff
op;Quade & Douglas, Inc. for Professional
IV, i j L Engineering Services for Design of Mt.
Date: August 18, 1999 Vernon Viaduct over BNSF Railroad.
MCC Date: 09 -07 -1999
Synopsis of Previous Council Action:
03 -04 -96 Approval given to submit request for authorization of funds under Federal Aid
Highway HBRR Program.
11 -04 -96 Approval of $20,000 for preparation of conceptual plan approved.
05 -19 -97 Authorization to execute agreement for professional services with DMJM for
conceptual plan approved.
03 -15 -99 Adopted Resolution authorizing execution of professional engineering services
agreement with Parsons Brinckerhoff Quade & Douglas, Inc.
07 -06 -99 Approved Budget carry -over of $498,200 in account No. 129- 367 -5504 -7121 as
local matching funds for Mt. Vernon Grade Separation at BNSF.
Recommended Motion:
Adopt Resolution.
Signature(
Contact person: Michael Grubbs, Acting City Engineer Phone: 5179
Supporting data attached: Staff Report, Reso. & Agreement Ward: 1 & 3
FUNDING REQUIREMENTS: Amount:
Source: (Acct. No.)
Acct. Description:
Council Notes:
Finance:
Agenda Item No. /Y
9/7/9
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution Approving Amended Agreement with Parsons Brinckerhoff Quade & Douglas, Inc.
for Professional Engineering Services for Design of Mt. Vernon Viaduct over BNSF Railroad.
Background:
In 1997, the City was allocated $7.2 million in Federal Highway Administration Highway
Bridge Replacement and Rehabilitation (HBRR) funding for replacement of the Mt. Vernon
Viaduct over BNSF Railroad. In addition, the bridge had been previously identified by
Caltrans as eligible to be seismically retrofitted under a Caltrans program to retrofit all eligible
bridges in California. Under this program, the City was allocated an additional $2.9 million to
combine with the $7.2 million HBRR money for a total allocation of $10.1 million. A local
match of 11 % is required for the HBRR funding, however, no local match is required for the
Seismic Retrofit funding.
In December of 1998 interviews were conducted to select a consultant to conduct the
environmental studies and design the project. Parsons Brinckerhoff Quade & Douglas, Inc.
(PBQD) was selected to perform the work and, on March 15, 1999, the Mayor and Common
Council awarded a contract to that firm.
In order to qualify for reimbursement, the City was required to submit a "Pre -Award Audit"
of PBQD's accounting system to Caltrans for review and approval. The Pre -Award Audit was
submitted to Caltrans Local Assistance on June 9, 1999. The Audit was forwarded to the
Caltrans Sacramento Office and comments were received by the City on August 5, 1999.
Although none of the Pre -Award Audit comments involve significant changes, a number of
modifications to the Agreement are required to comply with Caltrans comments on the Pre -
Award Audit. The changes are outlined in Synopsis of Changes (See Attachment 1).
Subsequent to the approval of the original Agreement on March 15, 1999, public
representatives at a meeting raised the concern that the scope of work did not adequately
address the issue of turning movement safety at each end of the bridge. PBQD has submitted a
modification to their proposal to address this safety concern at an additional cost of
$14,190.00. This brings the total cost of the Agreement to $949,560.00. 89% of which is
reimbursable through Caltrans. A copy of the modification to the proposal is attached to the
Amended Agreement at Exhibit "2".
Upon approval of the Agreement and execution by all parties, a Notice to Proceed (NOP) can
be given to the Consultant. Following is the anticipated schedule for the project:
1. Notice to Proceed October 1999
2. Phase I (Environmental) 13 Months November 2000
3. Phase II (Design) 7 Months May 2001
4. Construction 18 Months October 2002
Financial Impact:
Funding for the work covered by this Agreement will come from Federal HBRR funds which
will require a local match of 11 %. Funding for the local match is available from Account No.
129 - 367 -5504 -7121.
Recommendation:
That the Mayor and Common Council adopt the attached Resolution Approving Amended
Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for Professional Engineering
Services for Design of Mt. Vernon Viaduct over BNSF Railroad.
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COPY
RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNNARDINO AUTHORIZING THE EXECUTION OF AN AMENDED
AGREEMENT WITH PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. FOR
PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR REPLACEMENT
OF MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. THAT THE MAYOR is authorized to execute the Amended Agreement
with Parsons Brinckerhoff Quade & Douglas, Inc. for Professional Engineering and Design
Services for Replacement of Mount Vernon Avenue viaduct over the BNSF Railroad Yard
(Exhibit "A "). A contract is entered into with said firm for the total amount of $949,560.00,
but such agreement shall be effective only upon being fully executed by both parties. The
Mayor is hereby authorized and directed to execute said agreement on behalf of the City; a
copy of the agreement and proposal is on file in the office of the City Clerk and incorporated
herein by reference as fully as though set forth at length.
SECTION 2. This agreement and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications or waivers are intended or authorized and shall not be implied from any act or
course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties o the contract fail to execute it
within sixty (60) days of passage of the resolution.
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RESOLUTION ....... AUTHORIZING THE EXECUTION OF AN AMENDED
AGREEMENT WITH PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. FOR
PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR REPLACEMENT
OF MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILROAD.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bernardino at a meeting thereof, held on the
day of , 1999, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA
LIEN
MCGINNIS
SCHNETZ
(VACANT 5th Ward)
ANDERSON
MILLER
City Clerk
The foregoing ordinance is hereby approved this
1999.
Approved as to
Form and legal content:
JAI
Cit
day of ,
Judith Valles, Mayor
City of San Bernardino
SYNOPSIS OF CHANGES TO AGREEMENT FOR PROFESSIONAL
SERVICES
Attachment 1
FROM: ORIGINAL TO: WORDING ON
PAGE # ITEM # CHANGE # WORDING AMENDED AGREEMENT
1 1 ST
a.
Agreement
Paragraph
1 1St
b.
day of 1999,
Paragraph
1 4th
C.
...terms and conditions as
Paragraph
hereinafter set forth
1 5th
d.
Added
Paragraph
1 1.
e.
October 23, 1998,...
1 1.
f.
Letter
1 1.
g.
Exhibits 1, 2 and 3
1 2.
h.
The Phase I
1 2.
i.
The scheduled completion
dates specifically set forth
in pages 4 -31 and 32 of
Exhibit 1 attached hereto
and incorporated herein as
though set forth in full will
be adjusted by Engineer as
the City authorizes the
work. Such adjustments
shall require City approval
prior to commencement of
performance of each
phase. This Agreement
shall expire as specified by
the Exhibit 1 schedule
unless extended by written
agreement of the parties.
2 4. A.
j.
Incorporated by written
amendments to this
Agreement
1
Amended Agreement
of 1999,
...terms and conditions as hereinafter
set forth; and
WHEREAS, the City and Engineer
have previously executed an
agreement dated April 8, 1999 which
shall be superseded by this Amended
Agreement pursuant to the Caltrans
Pre -Award Audit Letter dated August
5, 1999.
(which is on file at the City Clerk's
Office)
Letters dated February 22, 1999 and
June 30, 1999,
Exhibit "1" and Exhibit "2"
The Services
Phase I services shall be completed
380 days after Notice to Proceed
unless amended by the City. The
Phase II services shall not commence
until a Notice to Proceed has been
issued for that phase. Phase II
services shall be completed 200 days
after Notice to Proceed for Phase II
unless amended by the City.
Considered as additional tasks and
SYNOPSIS OF CHANGES TO AGREEMENT FOR PROFESSIONAL
SERVICES
Attachment 1
FROM: ORIGINAL
PAGE # ITEM # CHANGE # WORDING
2 5. A. k. $935,370 in arrears
2 4. B. I. Engineer's "Schedule of
Hourly Rates" dated
February 23, 1999, a copy
of which is attached hereto
as Exhibit 3 and
incorporated herein as
though set forth in full.
2 5. A. M. 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
$935.370.00. Actual costs
shall not exceed the
estimated wage rates and
other costs as set forth in
Exhibit 2 attached hereto
and incorporated herein as
though set forth in full.
TO: WORDING ON
AMENDED AGREEMENT
$949,560, in arrears
authorized additional task amounts.
Upon satisfactory completion of the
work, the Engineer will be paid a lump
sum of $949,560, in arrears,
2 5. C. n. Local Local
2 5. D. ** Added The Engineer agrees that the Contract
Cost Principles and Procedures, 48
CFR, Federal Acquisition Regulations
System, Chapter 1, part 31 et seq., shall
be used to determine the allowability of
individual items of cost.
2. 5. E. * ** Added The Engineer also agrees to comply with
Federal procedures in accordance with
49 CFR, Part 19, Uniform Administrative
Requirements for Grants and
Cooperative Agreements to State and
Local Goverments.
2. 5. F. * * ** Added Any costs for which payment has been
made to Engineer that are determined by
subsequent audit to be allowable under
48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31 et seq., or 49
CFR, Part 18, Uniform Administrative
Requirements for Grants and
Cooperative Agreements to State and
Local Governments, are subject to
repayment by Engineer to City.
2
SYNOPSIS OF GRANGES TO AGREEMENT FOR PROFESSIONAL
SERVICES
Attachment 1
3 8. Engineer will promote
affirmative action in its
hiring practices and
employee policies for
minorities and other
designated classes in
accordance with Federal,
State and Local Laws.
4 9. A. r. Attorney's
4 9. A. S. Engineer shall be
compensated for such
services in accordance with
Exhibit 'A ".
4/5 13. t. Name of Contact Individual
3
TO: WORDING ON
AMENDED AGREEMENT
Any subcontract in excess of $10,000,
entered into as a result of this contract,
shall contain all the provisions of this
Article.
Every four (4) weeks
...not applicable to this Agreement.
No payment will be made for any work
performed prior to approval ofthis
contract by City and notification to
proceed has been issued by the
Contract Manager.
Engineer shall comply with all State
and Federal Civil Rights Laws in its
hiring practices and employee
policies.
attorney's
Sentence deleted.
Mr. Bedros M. Agopovich
FROM: ORIGINAL
PAGE #
ITEM #
CHANGE #
WORDING
2.
5.G.
* * * **
Added
2/3
6. A.
o.
Monthly
3
6. B.
P.
...not applicable to this
agreement
3
6. B. +
q.
C. Added
3 8. Engineer will promote
affirmative action in its
hiring practices and
employee policies for
minorities and other
designated classes in
accordance with Federal,
State and Local Laws.
4 9. A. r. Attorney's
4 9. A. S. Engineer shall be
compensated for such
services in accordance with
Exhibit 'A ".
4/5 13. t. Name of Contact Individual
3
TO: WORDING ON
AMENDED AGREEMENT
Any subcontract in excess of $10,000,
entered into as a result of this contract,
shall contain all the provisions of this
Article.
Every four (4) weeks
...not applicable to this Agreement.
No payment will be made for any work
performed prior to approval ofthis
contract by City and notification to
proceed has been issued by the
Contract Manager.
Engineer shall comply with all State
and Federal Civil Rights Laws in its
hiring practices and employee
policies.
attorney's
Sentence deleted.
Mr. Bedros M. Agopovich
SYNOPSIS OF CHANGES TO AGREEMENT FOR PROFESSIONAL
PAGE #
5
5+
5+
SERVICES
Attachment 1
FROM: ORIGINAL
TO: WORDING ON
ITEM # CHANGE # WORDING
AMENDED AGREEMENT
14. C. U. All tracings, survey notes,
Upon completion of all work under
and other original
this contract, ownership and title to
documents are instruments
all reports, documents, plans,
of service and shall remain
specifications, and estimates
the property of Engineer
produced as part of this contract will
except where by law,
automatically be vested in the City
precedent, or agreement
and no further agreement will be
these documents become
necessary to transfer ownership to
public property. All such
the City.
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.
14. D. v. Added It is understood and agreed that all
calculations, drawings and
specifications, whether in hard copy or
machine readable form are intended for
one -time use in the construction of the
project for which this contract has been
entered into.
14. E. W. Added The Engineer is not liable for claims,
liabilities or losses arising out of, or
connected with, the modification or
misuse by the City of the machine
readable information and data
provided by the Engineer under this
agreement; further, the Engineer is
not liable for claims, liabilities or
losses arising out of, or connected
with, any use by the City of the
project documentation on other
projects, for additions to this project,
or for the completion of this project
by others, excepting only such use as
may be authorized, in writing, by
Engineer.
SYNOPSIS OF CHANGES TO AGREEMENT FOR PROFESSIONAL
SERVICES
Attachment 1
FROM: ORIGINAL TO: WORDING ON
PAGE # ITEM # CHANGE # WORDING AMENDED AGREEMENT
5+ 14. F. X. Added Pursuant to Government Code
Section 8546.7, the Engineer,
subconsultant, and the City shall
maintain all the books, documents,
papers, accounting records, and other
evidence pertaining to the
performance of the contract,
including but not limited to, the costs
of administering the contract. All
parties shall make such materials
available at their respective offices at
all reasonable times during the
contract period and for three years
from the date of final payment under
the contract. The State, the State
Auditor, FHWA, or any duly
authorized representative of the
Federal government having
jurisdiction under Federal laws or
regulations (including the basis of
Federal funding in whole or in part)
shall have access to any books,
records, and documents of the
Engineer that are pertinent to the
contract for audits, examinations,
excerpts, and transactions, and
copies thereof shall be furnished if
requested.
6/7
17. C.
Y.
Agreement
Agreement
6/7
19. B.
Z.
insured.
Insureds.
8/9
Added
Added
Signature Page
Add new signature page.
I
1999 -228
C(opM
AMENDED AGREEMENT FOR PROFESSIONAL SERVICES
This AMENDED AGREEMENT is made and entered into this 7th of september 1999, by
and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred
to as the "CITY" and Parsons Brinckerhoff Quade & Douglas, Inc., a New York corporation, hereinafter
referred to as "ENGINEER ".
WITNESSETH
WHEREAS, City desires to obtain professional services to prepare environmental documents,
plans, specifications, estimates and construction documents for the construction of a new bridge over the
Burlington Northern Santa Fe (BNSF) Railroad Yards and;
WHEREAS, in order to develop environmental documents, 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; and
WHEREAS, the City and Engineer have previously executed an agreement dated April 8, 1999
which shall be superseded by this Amended Agreement pursuant to the Caltrans Pre -Award Audit Letter
dated August 5, 1999.
NOW, THEREFORE, it is mutually agreed, as follows:
SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of Services" and as contained in
the proposal dated October 23, 1998, (which is on file at the City Clerk's Office) and as
amended by letters dated February 22, 1999 and June 30, 1999, a copy of which is
attached hereto as Exhibit "I" and Exhibit "2" and incorporated as though set forth in full.
2. TERM OF AGREEMENT
The Phase I 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. Phase I services shall be
completed 380 days after Notice to Proceed unless amended by the City. The Phase H
services shall not commence until a Notice to Proceed has been issued for that phase.
Phase II services shall be completed 200 days after Notice to Proceed for Phase II unless
amended by the City.
1999 -228
3. STANDARD OF PERFORMANCE
Engineer shall complete all work products and design in conformance with Standard
Specifications for Public Works Construction (Green Book), Caltrans Bridge Design
Standards and the City of San Bernardino's Standard Drawings.
4. CHANGES /EXTRA SERVICES
A. Performance of the work specified in the "Scope of Services ", 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
considered as additional tasks and 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 City
authorizes such extra services in writing prior to performance of such work.
Authorized extra services shall be invoiced based on the authorized additional task
amounts.
5. COMPENSATION
A. Upon satisfactory completion of the work, the Engineer will be paid a lump sum of
$949,560, in arrears, for all work and services performed under this contract, and
upon receipt of itemized invoices, submitted in triplicate to the contract manager.
The invoice amount will be based on a percentage completion by task. For the
purpose of invoicing, certain tasks may be combined in assessing percentage
completion. Engineer will submit an invoice to the City every four (4) weeks.
B. Said compensation shall not be altered unless there is significant alteration in the
scope, complexity or character of the work to be performed. City and Engineer
shall agree upon any such significant alteration in writing before commencement of
performance of such significant alteration by Engineer.
Any adjustment of the total cost of services will only be permitted when the
Engineer establishes and City has agreed in writing that there has been, or is to be,
a significant change in:
1. Scope, complexity, or character of the services to be performed;
2. Conditions under which the work is required to be performed; and
3. Duration of work if the change from the time period specified in the
Agreement for Completion of the work warrants such adjustment.
C. The Engineer is required to comply with all Federal, State and Local laws and
ordinances applicable to the work. The Engineer is required to comply with
prevailing wage rates in accordance with California Labor Code Section 1770.
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D. The Engineer agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal
Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used to determine the
allowability of individual items of cost.
E. The Engineer also agrees to comply with Federal procedures in accordance with 49 CFR,
Part 19, Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Goverments.
F. Any costs for which payment has been made to Engineer that are determined by
subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations
System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative
Requirements for Grants and Cooperative Agreements to State and Local Governments,
are subject to repayment by Engineer to City.
G. Any subcontract in excess of $10,000, entered into as a result of this contract, shall contain
all the provisions of this Article.
6. PAYMENT BY CITY
A. The billings for all services rendered pursuant to this Agreement shall be submitted
every four (4) weeks 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 (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 requirements for binding 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. No payment will be made for any work performed prior to approval of this contract
by City and notification to proceed has been issued by the Contract Manager.
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1999 -228
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 Development Services 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, age, handicap or national
origin. Engineer shall comply with all State and Federal Civil Rights Laws in its hiring
practices and employee policies. Such action shall include, but not be limited to, the
following: recruitment and recruitment advertising, employment, upgrading, and
promotion.
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, other than their
originally intended use, 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 "4 ".
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.
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1999 -228
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 circumstances for
which it claims or may claim an extension.
INDEPENDENT CONTRACTOR
Engineer shall act as an independent contractor in the performance 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 the City.
ASSIGNMENT OR SUBCONTRACTING
Engineer thereof, may assign neither this Agreement, nor any portion 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.
NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the
following representatives of Engineer and City:
ENGINEER
Mr. Bedros M. Agopovich
Parsons Brinkerhoff Quade & Douglas, Inc.
685 E. Carnegie Drive, Suite 210
San Bernardino, CA 92408
RESPONSIBILITIES OF PARTIES
CITY
Mr. Michael E. Hays
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
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.
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1999 -228
C. Upon completion of all work under this contract, ownership and title to all reports,
documents, plans, specifications, and estimates produced as part of this contract
will automatically be vested in the City and no further agreement will be necessary
to transfer ownership to the City.
D. It is understood and agreed that all calculations, drawings and specifications,
whether in hard copy or machine readable form are intended for one -time use in the
construction of the project for which this contract has been entered into.
E. The Engineer is not liable for claims, liabilities or losses arising out of, or
connected with, the modification or misuse by the City of the machine readable
information and data provided by the Engineer under this agreement; further, the
Engineer is not liable for claims, liabilities or losses arising out of, or connected
with, any use by the City of the project documentation on other projects, for
additions to this project, or for the completion of this project by others, excepting
only such use as may be authorized, in writing, by Engineer.
F. For the purpose of determining compliance with Public Contract Code
Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21,
Section 2500 et. seq., when applicable, and other matters connected with the
performance of the contract pursuant to Government Code Section 8546.7, the
Engineer, subconsultant, and the City shall maintain all the books, documents,
papers, accounting records, and other evidence pertaining to the performance of the
contract, including but not limited to, the costs of administering the contract. All
parties shall make such materials available at their respective offices at all
reasonable times during the contract period and for three years from the date of
final payment under the contract. The State, the State Auditor, FHWA, or any duly
authorized representative of the Federal government having jurisdiction under
Federal laws or regulations (including the basis of Federal funding in whole or in
part) shall have access to any books, records, and documents of the Engineer that
are pertinent to the contract for audits, examinations, excerpts, and transactions,
and copies thereof shall be furnished if requested.
15. CONSTRUCTION COST ESTIMATES
A. Any opinion of the construction cost prepared by Engineer represents his
judgement 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.
6
1999 -228
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 Engineer's negligent acts, errors or omissions under this
Agreement.
B. Engineer shall indemnify, defend and hold free and harmless the City, its officers,
and its employees from all claims, damages, costs, expenses, and liability,
including, but not limited to, attorney's fees imposed upon them for any alleged
infringement of patent rights or copyrights of any person or persons in consequence
of the use by City, its officers, employees, agents, and other duly authorized
representatives, of programs or processes supplied to City by Engineer under this
Agreement.
C. The prevailing party in any legal action to enforce or interpret any provisions of
this Agreement will be entitled to recover from the losing party all reasonable
attorneys' fees, court costs, and necessary disbursements in connection with that
action. The costs, salary, and expense of the City Attorney and members of his
office, in connection with that action shall be considered as attorneys' fees for the
purposes of this Agreement.
7
1999 -228
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 reasonable 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, judgements, 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, judgements, 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.
19. LIABILITY/INSURANCE
A. Engineer's liability to the City for injury or damage to persons or property arising
out of work performed by the City and for which legal liability may be found to
rest upon Engineer other than for professional errors and omissions, will be limited
to $1,000,000. For any damage on account of any error, omission, or other
professional negligence, Engineer's liability will be limited to 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 sufficient 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 /certification of
insurance or other acceptable evidence, in which the City is named as an additional
named insured (except on Workers Compensation) to the extent of the coverage
required by this Agreement.
D. Notwithstanding anything to the contrary herein, the Engineer and its
subconsultants and specialty consultants shall have no responsibility for the
discovery, presence, handling, removal, disposal of or exposure of persons to
hazardous materials in any form at the different sites of the Project including, but
not limited to asbestos, asbestos products, polychlorinated biphenyl (pcb) or other
toxic substances expect for any such substances brought to the site by the Engineer
or subconsultants or used by same in the performance of their work.
8
1999 -228
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.
9
1999 -228
AGREEMENT FOR Professional Services with Parsons Brinckerhoff Quade & Douglas, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the
date written above by their duly authorized officers on their behalf.
ATTEST:
BY: eta'
Racliel Clark, City Clerk
City of San Bernardino
Approved as to form
And legal content:
JAMES F. PENMAN
City
CITY OF SAN BERNARDINO
BY: a C��
h Valles, Mayor
of San Bernardino
PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC.
IGM
NAME:
TITLE:
10
Signature
1999 -228 EXHIBIT 1
YEAM 0 8
D
FEB 2 2 1999
CITY OF SAN BERNARDINO
DEVELOPMENT SERVICES
Mr. Gene R. Matt DEPARTMENT
City of San Bernardino
Public Works /Engineering
300 North "D' Street
San Bernardino, CA 92418
Subject: New Mt. Vernon Avenue Bridge
Reassessment of Task Costs
Dear Mr. Klatt:
L ;r I
Parsons 685 East Camegie Drive
Brinkerhoff Suite 210
San Bemardino, CA 92408 -35G
909- 888 -1106
Fax: 909 - 889 -1884
February 22, 1999
We have completed our reassessment of the various task costs contained on page
5 -4 of our originally submitted proposal for the subject bridge. Our reassessment
has primarily been based on:
1. The discussions during our meeting with you on January 19, 1999.
2. Our joint meeting with the Caltrans Environmental group on February 2,
1999.
3. An arithmetical re -check of all our original costs.
Your attention is invited to Attachment A to this letter. The attachment shows:
1. The specific tasks in each phase as contained on proposal page 5 -4 with
the addition of an architectural task during each phase.
2. The corresponding original costs as contained on page 5 -4. (We have
corrected a minor arithmetic error in the overall total.)
0~ s Century of
Lngln w*v Lx"Hon"
- -goo
YEARS
1999 -228
3. The corresponding revised costs based on our reassessment. The costs
which have been revised or added are identified with an asterisk.
Regarding the revisions and additions, the following is offered:
Phase I
Environmental Documentation
Please refer to our detailed letter of February 11, 1999 to you as well as our
separate transmittal of same date (copies of both are also attached here for your
easy reference). As indicated in the February 11 letter, we have reduced the cost
of this task by an amount of $ 10,000. The reduced total is $84,033.
Phase II
Demolition Plans
When we prepared our original proposal we had envisioned a somewhat significant
effort for this task. While our intent was still not to tell the contractor how to do
the demolition, we nonetheless felt that we had to provide him drawings and
specifications guiding him on the "do's and don'ts," as well as suggestions (via
drawings) for work sequencing. This level of effort is probably at the high end of
the spectrum. At the low end of the spectrum, there is the more typical Caltrans
approach where virtually everything is left up to the contractor. After extensive
Over a Century of
Engineering Excellence
1999 -228 r�
C
-700
YEARS
review and taking into account the sensitive differing railroad operations below, we
have concluded that the recommended answer is somewhere in between. We
propose a new amount of $27,000 for this task. This reflects a reduction of
$48,207.
Right -of -Way Plans, Legal Descriptions and Plats
By mutual agreement, this task will be deferred from the scope at the present time
until precise right -of -way requirements (if any) are known during Phase II. This
deferral reflects a reduction of $18,229.
Appraisal Reports
To be consistent with the deferral of the right -of -way task, and again by mutual
agreement, this appraisal report task will also be deferred at the present time. The
deferral reflects a reduction of $25,000.
Direct Costs
As a result of the decreased demolition effort, the direct costs can be reduced by
$ 2,000.
Over a Century of
Engineering Excellence
1999 -228
s-
--100
YEARS
Additional Architectural Tasks
We mutually agreed during our January 191 meeting that the project would benefit
from the participation of a Bridge Architect. We envision a 16 hour involvement by
our architect during Phase I at a cost of 82,700; and an 80 hour involvement during
Phase 11 at a cost of 813,500.
SUMMARY
The net total reduction, pursuant to the above is 887,236. Of this amount $7,300
is in Phase I and $79,936 is in Phase 11.
We would be pleased to further discuss the contents of this letter with you.
Very truly yours,
(� --/ O Cpl
Bedros Agopovich
Vice President
Area Manager
Over a Century of
Engineering Excellence
1999 -228
lkm:lw_ l e u I u _
ORIGINAL
REVISED
TASK NAME
COST
COST
PHASE 1
SURVEYS AND MAPPING
$14,490
$14,490
GEOTECHNICAL
$6,426
$6,426
ENVIRONMENTAL DOCUMENTATION
$94,033
$84,033 "
RAILROAD MEETINGS
$11,873
$11,873
CALTRANS BRIDGE DESIGN MEETINGS
$4,297
$4,297
SUPPORT ENGINEERING
$82,481
$82,481
PROJECT MANAGEMENT & COORDINATION
$15,379
$15,379
DIRECT COSTS
$8,265
$8,265
BRIDGE ARCHITECTURE"
$2,700 "
TOTAL PHASE 1 COST
$237,244
$229,944 "
PHASE 2
SURVEYS
$26,418
$26,418
GEOTECHNICAL
$23,053
$23,053
DEMOLITION PLANS
$75,207
$27,000 "
BRIDGE DESIGN
$459,060
$459,060
CIVIL DESIGN
$73,983
$73,983
RIGHT -OF -WAY PLANS, LEGAL DESCRIPTIONS,
AND PLATS $18,229
$0 "
APPRAISAL REPORTS
$25,000
$0 "
PROJECT MANAGEMENT & COORDINATION
$16,397
$16,397
MEETINGS
$32,793
$32,793
DIRECT COSTS
$35,222
$33,222 "
BRIDGE ARCHITECTURE"
$13,500 "
TOTAL PHASE 2 COST
$785,362
$705,426 "
TOTAL PROJECT COST
$1,022,606
$935,370 "
08/04/99 13:18 FAX 909 889 1884
1999 -228
rt�ws
June 30, 1999
Mr. Mike Grubbs
Acting City Engineer
City of San Bernardino
300 North wD' Street
San Bernardino, CA 92418
PARSONS BRINCR. Q001
EXHIBIT 2
;Parsons 685 East Carnegie or"
8#4nckerhoH Suite 210
San Bemaidino, CA 92406-350
909 -888 -1106
Fax: 909- 889 -1884
Post -itm Fax Note 7671 / 1 rot -N
Phone #
Subject: New Mt. Vernon Bridge Project
Left Turn Improvements at each end of the Bridge
Dear Mr. Grubbs:
Co.
Fax
This letter proposal for additional services is pursuant to the briefing on the status of the
subject project conducted at the EDA offices on June 21 and the immediately subsequent
meeting in your offices. As you recall, concern was expressed by the public representatives
during the meeting regarding left turns off the bridge at each end. We proposed to you
subsequently that this concern be conceptually analyzed as an extra work item under our
current agreement while we are waiting for the completion of the Caltrans pre -audit and
hence the City's NTP on the main contract. As this study would involve looking at a 5th lane
requirement (at least at each end of the bridge), it falls outside the scope of our work for a
four -lane replacement bridge.
The scope of the extra work would consist of the following:
1. We would take left turn traffic counts for two to three days —performed by one of
our technicians. This would assist in conceptually assessing stacking distance
requirements if we only widen the bridge at each end.
2. We would look at three possible alternatives at each end. These alternatives would
be by means of an added left turn pocket/lane generally in the widened area of the
bridge.
For the purposes of this study, our effort will exclude analysing a full length fifth
lane along the entire length of the bridge.
We will base the work by using the current aerial information we have, and utilize
either overlays or direct sketching on the aerial maps. If the City can provide us
existing street information at each end, it would be helpful.
This aspect of the work would be performed by our civil engineers and supported
by technicians.
Oyer a Cwrlmry ,f
Znginaerfrg Exceflt rc_
P \Bedros\LetlersrGrubbs. Mike 002.doc
08/04/99 13:19 FAX 909 889 1884 PARSONS $RINCR. lih 002
1999 -228
— — — Mr. Mike Grubbs
_ = June 30 19%
Page 2
•CASS ?
3. We would have our structural bridge specialist review the structural implications
and/or fatal flaws of the different alternatives.
4. Our effort would culminate in a letter report to the City, supported by appropriate
graphics.
We estimate the cost of this work to be $14,190.00, pursuant to Exhibit 4 of our Agreement.
We are ready to start at your notice to proceed for this study. We will be pleased to answer
any questions you might have.
Sincerely,
P SONS BRINCKERHOFF QUADE & DOUGLAS, INC.
P Bedrov O tl s Agopovich
Vice President
Project Manager
oYr. a c4nrury or
Fny ~nadrrrg Excellence
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE: August 13, 1999
TO: Michael Grubbs, Acting City Engineer
FROM: Melanie Miller, Senior Secretary
RE: Transmitting Documents for Signature - Resolution 1999 -228
Attached are the following original documents:
Approving an agreement with Parsons Brinckerhoff Quade & Douglas.
Please obtain signatures where indicated on all copies.
Please return the executed original to the City Clerk's Office as soon as possible, to my attention.
Be advised that the resolution and agreement will be null and void if it is not executed within sixty (60)
days = November 6, 1999.
If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you.
Rachel Clark
City Clerk
By: Melanie Miller s1c�
Senior Secretary Ao
I hereby acknowledge receipt of the above mentioned documents.
Signed:
Date: 1,-t 3- / %