HomeMy WebLinkAbout1980-189 RESOLUTION NO. &_ j,P p
1 A RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE EXECUTION OF CONSULTANT AGREEMENT
2 FOR PROFESSIONAL ENGINEERING SERVICES, BETWEEN SAID CITY AND
BERRYMAN AND STEPHENSOd, INC.
3
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
4 SAN BERNARDINO AS FOLLOWS:
5 SECTION 1 . The Mayor of the City of San Bernardino is hereby
6 authorized and directed to execute on behalf of said City Consultant
7 Agreement for Professional Engineering Services for eight (8) traffic
8 signal projects, between said City and Berryman and Stephenson, Inc. ,
9 a copy of which is attached hereto marked Exhibit "A" and incorporated
10 herein by reference as fully as though set forth at length herein.
11 I HEREBY CERTIFY that the foregoing resolution was duly adopted
12 by the Mayor and Common Council of the City of San Bernardino at a,--
13 h meeting thereof, held on the ? day of
14 1980, by the following vote, to-wit:
15 AYES: Councilmen: r
17 NOES:
18 ABSENT: ._
19
20
SHALfNA LARK, City Clerk
21 The foregoing resolution is hereby approved this d of
22 1980.
I
23 / y o e of San B nardlno
24 Approved as to form:
25 � C_-
26 City Attorney
27
28
No. 503380 _- d
CONSULTANT AGREEMENT
FOR
PROFESSIONAL ENGINEERING SERVICES
THIS AGREEMENT, made this n day of
19 o'D , by and between the City o San Bernardino, nice al
corporation in the State of California , hereinafter referred to
as CITY, and Berryman & Stephenson, Inc. , a California corporation,
hereinafter referred to as ENGINEER.
WITNESSETH:
WHEREAS, CITY desires to engage ENGINEER to render certain
professional engineering services in connection with the design
and preparation of construction plans , technical specifications ,
and cost estimates for the installation or modernization of traffic
signals at eight locations ; and
WHEREAS, ENGINEER is qualified under the laws of the State
of California and has the necessary skills to' render said
professional engineering services .
NOW, THEREFORE, it is agreed by and between CITY and ENGINEER
as follows :
A. Descriptions and Locations of Traffic Signal Projects
1 . Del Rosa Ave/Highland Ave - Modernize existing traffic
signal , install 8-phase fully actuated controller with
pedestrian movements , consider widening Del Rosa Ave
to provide a right-turn lane for southbound. Funding
will be Federal-Aid Urban.
2 . Mill St/Mount Vernon Ave - Moderrii2e; existing traffic
signal , install multi-phase fully actuated controller
with pedestrian movements , evaluate need for left-turn
phases , widen Mill St . approaches to 66 feet between
curbs . Funding will be Federal-Aid Hazard Elimination.
3. Orange Show Rd/"E" St - Modertx7``existing traffic
signal , install 8-phase fully actuated controller with
pedestrian movements , stripe fight-turn lane on "E" St.
for southbound and provide right-turn arrows for
southbound and eastbound. Widen "E". St. for southbound
right-turn lane. Funding will be Federal-Aid Urban.
4. Fifth St/Mount Vernon Ave - Modernize existing traffic
signal , install multi-phase fully actuated controller
with pedestrian movements , consider left-turn phases
and interconnect along Mount Vernon Ave, obtain Caltrans
design approval . Funding will be Federal-Aid Urban.
5 . Baseline St/Waterman Ave - Modernize existing traffic
signal , install 8-phase fully actuated controller with
pedestrian movements , stripe right-turn lanes on
Waterman Avenue and provide right-turn arrows .
Funding will be local-agency.
6 . Baseline St/Windsor Dr-Myrtle Dr - Install a new traffic
signal with multi-phase fully actuated controller and
pedestrian movements . Funding will be Federal-Aid Urban.
Exhibit "A"
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7 . Del Rosa Ave/Pumalo St - Install a new traffic
signal with 2-phase fully actuated controller and
pedestrian movements . Consider interconnect along
Del Rosa Ave. Some street improvements and right of
way may be needed. Obtain County of San Bernardino
design approval . Funding will be Federal-Aid Urban.
8 . Foothill B1/Macy St (South) - Install a new traffic
signal with 2-phase fully actuated controller and
pedestrian movements . Some street improvements may
be needed. Obtain Caltrans design approval . Funding
will be Federal-Aid Urban.
$. Description of ENGINEER' s Services
ENGINEER shall provide professional engineering services
for the eight traffic signal projects as follows :
1 . Preparation, of this Consultant Agreement in conformance
with the requirements set forth in the California
Department of Transportation, Local Programs Manual ,
Volume I , Section 11 , "Engagetrierit oF Congultants".
2. Analysis and recommendations for special signal phasing,
interconnect , approach widening, street improvements ,
and right of way acquisitions ,
3. Recommendations for the revi8lob of traffic signs and
pavement markings to supplemeht the traffic signal
improvements . %4,
4 . Topographical surveys for street widening improvements .
S . Design and preparation of construction plans ,
technical specifications , and cost estimates for the
traffic signal and street improvements outlined in
the project descriptions .
6 . Preparation of construction Area traffic control (detour)
plans meeting the requirements for Federally funded
projects .
7 . Submittal of preliminary designs to the CITY for
approval of concepts by all participating jurisdictions
prior to preparation of final plans . ENGINEER' s
representatives will attend conferences to discuss
design concepts at the request of the CITY.
8 . Furnishing of one set of final construction plans ,
technical specifications , and cost estimates .
9 . Consultation and interpretation of the plans and
specifications during bidding and construction,
including the review of shop drawings for traffic
signal equipment .
The ENGINEER' s services do not include subsurface or soils
investigations ; construction administration, inspection,
or staking; preparation of "as-built" plans ; or
determination and setting of traffic signal timing or
coordination strategies .
-2-
C. Obligations of CITY to ENGINEER
CITY support at no cost to the ENGINEER shall be as
follows :
1 . Furnishing of as-built plans of record for existing
improvements and substructures , and any other pertinent
information which may be available from City files .
2 . Furnishing of sample plans and specifications
illustrating the standard practices of the City.
3 . Furnishing of standard drawings and specifications
unique to the City.
4 . Submittal of plans to utilities for verification of
substructures and facilities .
5 . Coordination with participating jurisdictions for
approval of concepts .
6 . Formal submittal of plans and specifications to the
California Department of Transportation for approval
as required for Federally funded projects .
7 . Acquisition and certification of rights of way, and
preparation of environmental documents , if any.
8 . Printing of final plans and specifications for bidding
purposes .
h, Design Standards
ENGINEER shall adhere to the following design standards
for services provided under this agreement :
1 . Design details shall conform to the California
Department of Transportation, Standard Specifications
dated January, 1978 , and Standari Pl ans dated March,
1977 , and also to the standard prac ices of the City
of San Bernardino.
2 . All documents for the Federally funded improvements
shall be prepared in conformance with the requirements
of the Federal Highway Administration.
3 . The construction plans are to be prepared in ink on
mylar furnished by the ENGINEER with the CITY title
block. Separate plans shall be prepared as follows :
a. Each traffic signal at a scale of 1"=201 .
Minor striping and signing revisions to be
included on the traffic signal plans .
b . Each area. of major striping and signing work at
a scale of 1"-401 .
C. Each area of significant street improvement work
requiring plan and profile at a plan scale of
1"=40 ' .
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d. Each construction area traffic control plan at
a scale of 111=401 .
e. A title sheet or sheets , depending upon the
number of separate contracts to be advertised.
4 . The technical specifications shall be submitted in
completed form for inclusion by the City into final
form conttact documents .
S . The construction cost estimates shall be itemized.
E. Time for Completion
The first order of work shall be the submittal of this
Consultant Agreement to the California Department of
Transportation for approval . ENGINEER shall complete
all design work as described in Sections B-2 through
B-8 above within five (5) months from said approval of
the Consultant Agreement . The project at Baseline St . /
Waterman Ave . described in A-5 abbVe shall be completed
within two months of said approvdlt In the event of
unavoidable delays , the time for completion may be
extended by mutual consent of both parties .
The anticipated project schedule Is ds follows :
Project Seh-edule
Project Phases Calendar Months 1980
3 4 5 6 7 8 9
Ptepdre Consultant Agreement
Caltrans Review of Agreement
txecUte Consultant Contract ■
Prepare Preliminary Designs
Concept Review Period
Prepare Final Designs
Caltrans Review Period
Prepare Final Documents
F. Fees and Payments
ENGINEER shall provide all services required under this
agreement for a Cost Plus Net Fee Amount not to exceed
twenty-three-thousand-one-hundred dollars ($23 ,100) . The
ENGINEER'S Breakdown of time and costs used to develop
this fee are shown in Appendix A to this agreement.
Appendix B shows a breakdown of the fee by project loca-
tion. Appendix C is the computation of the ENGINEER'S
overhead.
CITY shall pay ENGINEER for services performed hereunder
on a monthly basis within thirty (30) days of receipt of
ENGINEER' S invoice for the portion of the work accomplished.
-4
G. Changes in Work
Adjustment of the :fee shall be negotiated when ENGINEER
establishes , and CITY, California Department of
Transportation, and Federal Highway Administration agree,
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; or
3 . Duration of work if a change from the time period
specified in this Agreement for completion of the work
warrants such adjustment.
1-1. Termination of Agreement
This agreement may be terminated by either party upon
tendering thirty (30) days written Notice to the other
party. Said Notice shall be deemed given when delivered
to the other or placed in a mail boxy postage prepaid,
and addressed to the following :
Mr. 0. Max Sloan, Vice Presidhrit
Berryman & Stephenson, Inc,
1906 S. Commercenter East ) Suite 204
San Bernardino , CA 92408
and
Mr. C. Glenn Wilson
Director of Public Works/City Engineer
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
In the event of termination of this agreement , the CITY shall
be liable to ENGINEER only for costs incurred to the
termination date plus a pro-rate share of the fixed net
fee amount .
I . Assignment and Transfer.
ENGINEER shall not assign or transfer any of the
obligation for services under this agreement without
express consent of CI'T'Y.
J. Responsibility for Liability
ENGINEER shall save harmless CITY, California Department
of Transportation, and Federal Highway Administration
from all claims and liability due to negligent acts of
the ENGINEER,, his agents , or employees .
K. Compliance with Cavil. Rights Regulations
During the performance of this contract , ENGINEER agrees
as follows :
1 . Equal Employment Opportunity
In connection with the execution of this contract,
ENGINEER shall not discriminate against any employee
or applicant for employment because of race , religion,
color, sex, or national origin. Such actions shall
include, but not be limited to, the following :
employment , upgrading, demotion, or transfer;
recruitment advertising ; layoff or termination ; rate
of pay, or other forms of compensation; and selection
for training , including apprenticeship .
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2 . Nondiscrimination Civil Rights Act of 1964
ENGINEER, with regard to the work performed by it
after award and prior to completion of the contract
work, shall comply with the regulations of the
California Department of Transportation relative to
nondiscrimination in Federally Assisted programs of
said Department (49CFR21) .
3 . Solicitations for Subcontracts , Including Procurements
of Materials and Equipment
In all solicitation, either by competitive bidding or
negotiation, made by ENGINEER for work to be performed
under a subcontract, including procurement of mdterials
or leases of equipment, each potential subcontrdctor ,
supplier, or lessor shall be notified by ENGINEER of
ENGINEER' s obligations under this contract and the
Regulations relative to nondiscrimination on the grounds
of race , religion, color, sex, or national origin.
4 . Information and Reports
ENGINEER shall provide all information and reports
required by the California Department of Transportation
or Federal Highway Administration Regulations , or orders
and instructions issued pursuant thereto , and will
permit access to its books , records , accounts , other
sources of information, and its facilities as may be
determined by CITY, California Department of Transportation
or by Federal Highway Administration to be pertinent to
ascertain compliance with such Regulations , orders ,
and instructions . Where any information required of an
ENGINEER is in the exclusive possession of another who
fails or refuses to furnish this information, ENGINEER
shall so certify to CITY, California Department of
Transportation or Federal Highway Administration as
appropriate, and shall set forth what efforts it has
made to obtain the information.
S . Sanctions for Noncompliance
In the event of the ENGINEER' s noncompliance with the
nondiscrimination provisions of this contract , CITY
shall impose such contract sanctions as CITY,
California Department of Transportation or Federal
Highway Administration may determine to be appropriate,
including , but riot limited to :
a. Withholding of payments to ENGINEER under the
contrast until ENGINEER complies ; and/or
b . Cancellation, termination, or suspension of the
contract , in whole or in part.
6. Incorporation of Provisions
The ENGINEER shall include the provisions of paragraphs
(1) through (6) of this section in every subcontract ,
including procurements of materials and leases of
equipment , unless exempt by Federal regulations , or
directives issued pursuant thereto. The ENGINEER shall
take such action with respect to any subcontract or
procurement as the California Department of Transportation
or the Federal Highway Administration may direct as a
means of enforcing such provisions including sanctions for
noncompliance: Provided, however, that , in the event the
ENGINEER becomes involved in, or is threatened with,
litigation with a subcontractor or supplier as a result of
such direction, the ENGINEER may request the California
Department of Transportation to enter into such litigations
to protect the interests of the State, and, in addition,
the ENGINEER may request the United States to enter into
such litigation to protect the interests of the United
States .
-6-
L. Covenant Against Contingent Fees
ENGINEER warrants that he has not employed or retained
any company or person to solicit or secure this contract,
and that he has not paid or agreed to pay any company or
person any fee, commission, percentage , brokerage fee,
gifts , or any other consideration, contingent upon or
resulting from the award or making of this contract.
For breach of violation of this warranty, CITY,
California Department of Transportation or Federal
Highway Administration shall have the right to annul this
contract without liability or, in its discretion, to
deduct from the contract price or consideration, or
otherwise recover the full amount of such fee , commission,
percentage , brokerage fee, gift , or contingent fee.
M. Records and Audits
ENGINEER shall maintain complete and accurate records with
respect to costs incurred under this Agreement , including
the records supporting cost proposals used to enter into a
contract with the CITY. All such records shall be
maintained on a generally accepted accounting basis and
shall be clearly identifiable . ENGINEER shall make
available to the representative of CITY, California
Department of Transportation and pederal. Highway
Administration, or their appointees $ during normal
business hours , all of such books and records , and the
right to examine and audit the sdme, and to make transcripts
therefrom as necessary, and the ENGINEER shall allow
inspection of all work data, documents , proceedings , and
activities related to the Agreement for a period of four
(4) years from the date of final payment under this
Agreement. ENGINEER shall maintain records to show actual
time and allowable costs with respect to each task set
forth in the Appendix A as required by California
Department of Transportation and Federal Highway Administration.
ENGINEER shall permit the authorized representatives of
CITY, the U. S. Department of Transportation and Controller
General of the United States to inspect and audit all data
and records of ENGINEER relating to his performance under
this Agreement .
N. Arbitration of Disputes
Any controversy or claim arising out of or relating to the
provisions of this Agreement , or the breach thereof, shall
be settled by arbitration at the election of either party
in accordance with the Rules of the American Arbitration
Association at Los Angeles , California, and judgement upon
the award rendered by the Arbitrators may be entered in any
count having jurisdiction thereof.
0. Ownership of Documents
All original tracings of plans , and the original copy of
specifications , shall be delivered to the CITY by ENGINEER,
and they shall become the property of CITY. Field survey
notes , sketches , charts , computations , and other data
prepared by ENGINEER shall be turned over to the CITY if
so requested.
P. Cost Principals
The ENGINEER' s costs , direct and indirect , eligible
for Federal participation shall be those allowable under
the provisions of Federal Procurement Regulations ,
Principles and Procedures for Use in Cost-Reimbursement
Type Supply and Research Contracts with Commercial
Organizations , Title 41 , Subpart 1- 15 Code of Federal
Regulations .
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IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be sigw:d by their proper corporate officers and
have caused their proper corporate real to be hereto affixed
the day and year first above written.
CITY OF SAN BERNARDINO
Date 4, 11D
ATTEST: Approved as to Form:
ity C er k City tt ney
BERRYMAN & STEPHENSON, INC.
By
Vice Presi ent
Date L112 �Z'PO By 6&J-OW�j Cc
cr tar - reasure
CALIFORNIA DEPARTMENT OF TRANSPORTATION
c
By
Date O Ti e
�„oCr�.LSS` �v: A
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CERTIFICATION OF CONSULTANT
I hereby certify that I am the Vice President and duly
authorized representative of the firm of BERRYMAN AND STEPHENSON,
INC . , whose address is 1906 S. Commercenter East , Suite 204 ,
San Bernardino , California, and that neither 1 nor the above firm
I here represent has :
(a) Employed or retained for a commission, percentage,
brokerage fee, contingent fee , or other consideration, any firm
or person (other than a bona fide employee working solely for me
or the above consultant) to solicit or secure this agreement ;
(b) Agreed, as an express or implied condition for obtaining
this contract , to employ or retain the services of any firm or
person in connection with carrying out the agreement , or
(c) Paid, or agreed to pay, to any firm organization or
person (other than a bona fide employee working solely for me or
the above consultant) any fee , contribution, donation or considera-
tion of any kind for , or in connection with procuring or carrying
bUt the agreement ; except as here expressly stated (if any) :
None
I acknowledge that this certificate is to be furnished to the
City of San Bernardino , State of California and the Federal Highway
Administration, U. S . Department of Transportation, in connection
with this agreement involving participation of Federal. aid highway
funds , and is subject to applicable State and Federal laws , both
criminal and civil .
C f 2
Date � �� 44 5'U
ice 'President
CERTIFICATION OF CITY OF SAN DERNARDINO
I hereby certify that I am the Mayer of the City of Seri
Bernardino and that the consulting firm of BERRYMAN AND STEPHENSON,
INC . or its representative has not been required, directly or
indirectly, as an express or implied condition in connection with
obtaining or carrying out this agreement to :
(a) Employ or retain, or agree to employ or retain , any firm
or person, or
(b) Pay, or agree to pay, to any firm, person, or organization,
any tee, contribution, donation., or consideration of any kind;
expect as here expressly stated (if any) :
None
I acknowledge that this certificate is to be furnished to the
State of California , the Federal Highway Administration and U. S .
Department of Transportation in connection with this agreement
involving participation of Federal and highway funds , and is subject
to applicable State and Federal laws , both criminal and civil .
�y
Date -
"M o , an er r i.no
U f `r
APPENDIX A
COST PLUS NET FEE AMOUNT SCHEDULE
FOR
EIGHT TRAFFIC SIGNAL PROJECTS
CITY OF SAN BERNARDINO
March 12 , 1980
� DIRECT SALARIES HOURS RATE AMOUNT
A. Design Engineering
Project Director 30 $24 . 60 $ 738
Project Engineer 160 15 . 58 2 ,493
Senior Designer 230 13. 27 3, 053
Draftsman 136 10 . 10 1 , 374
Clerk Typist 12 7 . 36 89
Sub-Total $ 7 , 747
$ , Design Surveying
Licensed Land Surveyor 2 $15 . 58 $ 32
Party Chief 20 12 . 70 254
Senior Chainman 20 10 . 70 214
Rear Chainman 20 7 . 50 150
Sub-Total $ 650
C . Bidding and Construction Consultation
Project Engineer 3 $1.5 . 58 $ 47
Senior Designer 5 13 . 27 67
Sub-Total $ 114
TOTAL DIRECT SALARIES $ 8 , 511
2 . SPECIALIZED SERVICES (direct expenses)
A. Reproductions $ 162
3. SUMMARY
A. Direct Salaries $ 8 ,511
B . Overhead and Benefits at 145% ,,_3
C : Sub-Total
D. Fixed Net Fee at 10% 2 ,086
162
E. Specialized Services
F . 'Total, Cost Plus Net Fee Amount $23,100
APPENDIX B
ESTIMATE OF PEES
BY
PROJECT LOCATION
FOR
EIGHT TRAFFIC SIGNAL PROJECTS
CITY OF SAN BERNARDINO
March 12 , 1980
ESTIMATED
PROJECT LOCATIONS FEES
Del Rosa Ave/Highland Ave $4 ,100
- Separate plans for signal , street work,
striping, and construction traffic control
- Topographical survey required
u . Mill St/Mount Vernon Ave $4 , 400
-Separate plans for signal , street work,
striping , and construction traffic control
- Topographical. survey required
3. Orange Show Rd/"E" St . $4 ,100
- Separate plans for signal , street work ,
striping, and construction. traffic control
- Topographical survey required
4 . Vifth St/Mount Vernon Ave $2 ,000
Interconnect included on signal plan
- Construction traffic control covered by
specifications
- Specific Caltrans approval required
5. Baseline St/Waterman Ave $1 , 700
Striping included on signal plan
6 . Baseline St/Windsor Dr-Myrtle Dr $2 ,200
- Minor street work included on signal plan
- Right of way analysis required
- Construction traffic control covered
by specifications
7 . Del Rosa Ave/Pumalo St . $2 ,400
- Interconnect and minor street work
included on signal plan.
- Construction traffic control covered
by specifications
- Right of way analysis required
- Specific County approval required
8 . Foothill BI/Macy St . South $2 , 200
- Minor street work included on signal plan
- Construction traffic control covered
by specifications
- Specific Caltrans approval required
TOTAL ESTIMATE FEE $23 ,100
APPENDIX C
ENGINEER' S OVERHEAD ANALYSIS
BERRYMAN €, STEPHENSON, INC .
Fiscal Year Ending March 31 , 1978
ti Percent
Direct Labor 100
Overhead
Indirect Salaries 49
Payroll Related Costs (taxes , sick leave, 32
vacation, etc. )
Professional & Consultant Fees 15
Communications 4
Occupancy 9
Supplies 7
$usiriess Insurance 3
External Relations 6
Reproduction & Photography 2
Travel & Subsistence 1
Auto Expense 11
Depreciation & Amortization 2
Miscellaneous 2
Library $ Data Processing 1
Taxes & Licenses 1
Overhead Total 145