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CI,o OF SAN BERNARDIQ) - REQUE(JI' FOR COUNCIL AC'())N
File No. I 0471
From:
Roger G. Hardgrave R!C'O.-ADHIN. OFF. Subject:
Public Works/Enginee_JAN 10 PH 3: 38
January g, 1985
Authorization to Execute Agreement for
Testing Services -- Construction of
Tippecanoe Avenue Bridge Over Santa Ana
River, per Plan No. 6358 -- CHJ Materials
Laboratory, Inc.
Dept:
Date:
Synopsis of Previous Council action:
None.
Recommended motion:
Adopt resolution.
cc: John Matzer, Jr., City Admin.
Warren Knudson, Dir. of Finance
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Signature
Contact person:
Roger G. Hardgrave
Phone:
5025
Supporting deta attached: Staff Report & Resolution
FUNDING REQUIREMENTS: Amount: $82,351.40
Program
VVerd: 1
4Q. -.>to- --7-3
Source: 1983-84 Mil itar Construction
Finance:
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Council Notes:
75-0262
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CI-R OF SAN BERNARDIIib - REQUEOr FOR COUNCIL ~N
STAFF REPORT
Proposals to provide the necessary testing services for this project
were submitted by the following firms:
1. L. A. Wainscott & Associates, Inc.
2. Highland Geotechnical Consultants, Inc.
3. CHJ, Inc.
4. Pioneer Consultants
These proposals were reviewed with representatives from the above listed
firms by an interview board comprised of the following persons:
1. Mr. William Collins, County of San Bernardino
2. Mr. Dick Stephenson, Caltrans
3. Mr. Paul Forester, C M Engineering Associates
4. Mr. Roger Hardgrave, DPWjCE
After carefully reviewing the proposals, the interview board selected
CHJ, Inc. as bein9 the best qualified at this time to provide the testing
services.
The Agreement provides, in general, that CHJ, Inc. will furnish the
testing services for this project, as directed by the City, for a maximum cost
of $82,351.40. All costs incurred under this Agreement will be financed from
the $6.4 million allocated in the 1983-84 Military Construction Program.
Caltrans has reviewed the proposed Agreement and found that it is in
compliance with their requirements.
We recommend that the Agreement be approved.
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RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTIOI
OF AN AGREEMENT WITH CHJ. INC. FOR PROVIDING TESTING SERVICES ON THE
TIPPECANOE AVENUE BRIDGE OVER THE SANTA ANA RIYER.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS: .
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute, on behalf of said City. an Ag~nt
for Testing Services with CHJ. Inc. relating to construction of the new
Tippecanoe Avenue Bridge over the Santa Ana River which agreement is
attached hereto. marked Exhibit "A" and incorporated herein by reference
as fully as though set fOrth at length.
SECTION 2. The agreement shall not take effect until fully
signed and executed by both parties. The City shall not be obligated
hereunder unless and until the agreement is fully executed and no oral
agreement relating thereto shall be implied or authorized.
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
, 1985. by the fOllowing vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
City Clerk
The foregoing resolution is h~reby approved this
. 1985.
day of
Mayor of the City of San BernaMli.
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Approved as to form:
City Attorney
State of Cali forni a )
County of San Bernardino) SS
City of San Bernardino )
I do hereby certify that the foregoin!jReso1ution No.
is a full, true and correct copy of that now on file in this office.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed
the seal of the City of San Bernardino, this day of
1985.
City C1 erk
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AGREEMENT FOR TESTING SERVICES
TIPPECANOE AVENUE BRIDGE OVER
SANTA ANA RIVER
(SAN BERNARDINO FILE NO. 1.0471)
1. PARTIES.
This agreement, dated , 198 is made by and between
C.H.J. Incorporated, a California Corporation ("Consultant") and the
City of San Bernardino or its duly authorized representative ("City").
The business address of the "Consultant" is 1355 East Cooley Drive,
Colton, California 92324. The business address of the "City" is
300 North "D" Street, San Bernardino, California 92418.
2. SCOPE.
This a9reement shall be for the "Consultant" to furnish construction
engineering testing and inspection services as outlined in this agree-
ment to the "City" for construction of the Tippecanoe Avenue Bridge
over the Santa Ana River, in accordance with the approved plans and
specification for this project (San Bernardino File No. 1.0471).
3. DESCRIPTION OF WORK.
The "Consultant" shall furni sh to the "Ci ty" under thi s agreement,
construction engineering testing and inspection services as requested
by the "City". The "Consultant" shall also furnish such written reports
to the "City" as required and authorized by the "City" in connection
with its work.
4. AVAILABILITY OF PLANS, SPECIFICATIONS AND DATA.
All plans, specifications, data, or other correspondence or information
necessary for the "Consultant" to perform testing and inspection service
shall be provided to the "Consultant" at its place of business, at no
cost to the "Consultant".
5. CONFERENCES, VISITS TO SITE, INSPECTION OF WORK.
The parties to this agreement may request conferences to be held at the
jobsite during normal business hours. Following such requests, all
other parties shall comply with such requests, and attend such confer-
ences. The "Consultant" shall be provided such access to the work
EXHIBIT "A"
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5. CONFERENCES, VISITS TO SITE, INSPECTION OF WORK, Cont'd.
to be inspected so that inspections may be performed in a safe and
workman-like manner with no unusual expenses, or efforts, on behalf of
the "Consultant". The "Consultant" shall cooperate with other parties
as instructed by the "City", includin9, but not lim.ited to, the State
of California or the FHWA.
6. SERVICES.
The "Consultants" shall render services, within their scope <if work, on
the basis of cost to the "Consultant" plus a net fee amount. The items
of cost, as well as the fixed fee and total cost, are shown as an attach-
ment. A cost plus a net fee amount is a fair and reasonable method of
compensation because the extent and character of the work is not actually
determinable at this time. Estimates of the above have been utilized in
preparation of the attachment.
Such inspections and tests shall be furnished after the "Consultant"
has received twenty-four (24) hours notice from this "City" as to the
particular service or test to be performed.
7. EXISTING SUBSURFACE INVESTIGATION.
The "Consultant" has not prepared or caused to be prepared any subsurface
explorations at the site of the proposed construction. Such investigations
have been prepared by others. The "Consultant" will not be responsible
for the content of such investigations prepared by others, but will rely
upon such investigations in performing testing and inspection services
for this project. Any discrepancies noted in the investigation during
the course of the consultant's work wi 11 be immedi ately brou9ht to the
attention of the "City" and the "Consultant" will work with the "City" to
resolve such discrepancies.
8. SUBMITTAL OF REPORTS.
Six copies of reports or inspection documents pertainin9 to this project
will be furni shed to the "City" upon request. Additi ona 1 copi es wi 11 be
furnished in accordance with the attached cost breakdown.
9. TIME OF CONTRACT.
Work on this contract shall COmmenCe , 198 , and shall
continue for 275 working days. During this period and for three (3)
cal endar months thereafter, "Consultant" agrees to hol d fees for servi ces
to those stated within the attached cost breakdown.
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10. PAYMENTS.
Payment for services furnished shall be in accordance with the attached
cost breakdown. Progress payment shall be based upon the number of
units of work performed as of the last working day of each month of
the contract, or other date agreed upon by the "Consultant" and the
"City". The "Consultant" shall receive payment within thirty (30) days
of bill i ng the "City" at thei r busi ness address. The maximum amount
of this contract shall be an aggregate total of $82,351.40.
11. RETENTION OF RECORDS.
The "Consultant" shall mai ntai n records of thi s project, i ncl udi ng
accounting records, and make such records available for inspection to
the representatives of the "City", State of Cal i forni a, and Federal
Highway Administration, at its place of business, during normal working
hours for three (3) years after final payment for this project.
12. CHANGES IN WORK.
This a9reement may be modified by agreement of both parties thereto in
the event of a change in scope, character, or complexity of the work to
be performed by the "Consultant", or if such change becomes desirable
or necessary during the progress of work. The adjustment shall be
based upon mutually accepted conditions. . Changes may be both in the
method and amount of payment, and the time for performance of the work
as contained within this contract. In the event it becomes essential
that work be performed immediately, which is not covered within the
provisions of this contract, such work will be performed as "extra
work" and will be billed in accordance with the current Schedule of
Fees in effect for "Consu 1 tant" . A change to th i s agreement, coveri ng
the "extra work" shall be forthcoming as soon as practical, based upon
mutual agreements by the parties hereto. The "City" or the "Consultant"
shall have the right to terminate this agreement after giving notice of
such termination to the respective parties at their place of business
by re9istered mail. In the event of termination by either party, work
sha 11 be termi nated by the "Consul tant", and payment for all work
completed to that point shall be made to the "Consultant" within thirty
(30) days after submittal of the final billing.
13. DISPUTES.
Any dispute arlsln9 out of the course .of performance of this contract
which cannot be settled otherwise, shall be arbitrated according to
guidelines of the American Arbitration Association.
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14. RESPONSIBILITY AND LIABILITY.
The "Consultant" shall hold harmless the "City", or other agencies Of
government involved with this contract, from all liability due to its
negligency or negligent acts of its employees or agents.
15. COMPLIANCE WITH LAWS.
The "Consultant" shall comply with all federal, state, and local laws
and ordinances applicable to the work involved.
16. NONDISCRIMINATION.
It is the "Consultant's" policy and practice to hire, promote, transfer,
or solicit propsective employees without regard to their race, color
religion, sex or national origin.
17. FEDERAL PROCUREMENT REGULATIONS.
All work performed by the "Consultant" under this Agreement shall be
under the Federal Procurement Regulations, Title 41, Subpart 1-15 Code
of Federal Regulations as controlling for allowable elements of cost.
18. COMPLIANCE WITH TITLE VI OF THE CIVIL RIGHTS ACT OF 1964.
"Consultant" complies with Title VI of the Civil Rights Act of 1964,
as amended, (40 CFR 21 through Appendix Hand 23 CFR 710.405b).
19. GOVERNMENT CODE SECTION 7550.
"Consultant" shall be obligated with respect to the required notice
under Government Code Section 7550 on any documents or written reports
prepared.
20. COVENANT AGAINST CONTINGENT FEES.
"Consultant" 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 agreement. For breach or
violation of this warranty, "City" shall have the right to annul this
contract without liability, or in its discretion, to deduct from the
a9reement price or consideration, or otherwise recover the full amount
of such fee, commission, percentage, brokerage fee, gift or contingent fee.
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TIPPECANOE BRIDGE PROJECT
COST BREAKDOWN
11-30-84
DIRECT LABOR HOURS RATE TOTAL
Supervising Principal 55 $46.24 $ 2,543.20
Project Engineer 220 20.23 4,450.60
Technician - Field 1200 15.90 19,080.00
Technician - Laboratory 542 16.15 8,753.30
Clerical 275 9.25 2,543.75
$ 37,370.85
INDIRECT COST (Overhead) * 65 % $ 24,291.05
DIRECT COST
Vehicle 1550 $ 6.09 $ 9,439.50
Copying and Printin9 500.00
$ 9,939.50
FEE (Net) $ 10,750.00
TOTAL $ 82,351.40
TECHNICIAN:
TECHNICIAN:
Gene Nottingham (Field)
Bill Nottingham (Laboratory)
SUPERVISING
PRINCIPAL ENGINEER:
Robert Johnson
PROJECT ENGINEER:
CLERICAL:
Joseph Sidor
Kim Barnhart
*PROVISIONAL RATE - For billin9 purposes. The actual overhead rate to be finalized
during a post construction audit.
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C.HJ.-'l.
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am a Vice President and duly authorized
representative of the firm of C.H.J. Incorporated whose address is
1355 East Cooley Drive, Colton, California, and that neither I nor the
above firm I here represent has:
a. employed or retained for a commission, percentage, brokerage,
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 ~greement;
b. agreed, as an expressed or implied condition for obtaining this
contract, to employ or retain the services or any firm or person
in connection with carrying out the agreement; or
c. paid, or agreed to pay, to any firm, or9anization or person
(other than a bona fied employee workin9 solely for me or the
above consultant) any fee, contribution, donation, or consider-
ation of any kind for, or in connection with, procuring out the
agreement
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the State
Department of Transportaion in connection with this a9reement involving
participation of Federal-aid hi9hway funds, and is subject to applicable
State and Federal laws, both criminal and civil.
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21. ASSIGNMENT AND TRANSFER.
"Consultant" shall not assign or transfer any of the obligations for
services under this agreement without the expressed consent of the
"City".
This agreement shall constitute the only contract or agreement between the
parties involved. Any other agreements, either written or oral, made between
the parties involved will not be considered. In the event a legal dispute
arises requiring litigation or arbitration, the prevailing party shall be
entitled to all attorney fees and reasonable costs involved with litigation
or arbitration of such dispute.
CITY OF SAN BERNARDINO
C.H.J., INCORPORATED
By:
By:
Date:
Date: I~~{ l~t4
ATTEST:
City Clerk
APPROVED AS.TO FORM: / 0
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City At orney
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CERTIFICATION OF LOCAL AGENCY'S HIGHWAY DEPARTMENT
I HEREBY CERTIFY that I am the of the
Highway Department of the Local Agency of the City of San Bernardino,
and that the above consulting firm or his 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 or9anization,
any fee, contribution, donation, or consideration of any kind;
except as here expressly stated (if any):
I acknowledge that this
Department of Transporation,
participation of Federal-aid
State and Federal laws, both
certificate is to be furnished the State
in connection with this agreement involving
highway funds, and is subject to applicable
criminal and civil.
Date
Signature