HomeMy WebLinkAbout20-Public Works
o
o
o
o
File No. 1.0471
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
. :~>:~- '"
From:
Roger G. Hardgrave "Du," Off"
RIC'O. -.. "".
Public works/Engin;sVi -1 ~ 312\
2-7-85
Subject: Authori zat ion to Execute Engi neeri n.g
Services Agreement with CM Engineering
Associates -- Tippecanoe Avenue Bridge
Dept:
Date:
Synopsis of Previous Council action:
None.
Recommenr:led motion:
Adopt resolution,
cc: John Matzer, Jr., City Admin.
Warren Knudson. Oil'. of Finance
Ralph Prince, City Attny.
~~~
Signature
Contact person:
ROQer G. Hard9rave
Phone:
50?~
Ward: 1
Source: 1983-84 Mil itary
FinanceQ IA/~ n~~
Supporting t1ata attached: Staff Report & Resol ution
FUNDING REQUIREMENTS: Amount: $120,093
Council Notes:
Anpnrl. Itpm J/J.
o 0
CITY OF SAN BERNARDINO -
o 0
REQUEST FOR COUNCIL ACTION
STAFF REPORT
The proposed Agreement provides, in general, that CM Engineering
Associates will perform the necessary surveying services as directed by our
Resident Bridge Engineer, at a cost not to exceed $120,093.10. CM Engineering
will be reimbursed for actual costs, plus a net fixed fee of $11,9BB.50.
It is proposed to contract with CM Engineering Associates to
perform the surveying on this project, since it exceeds the capacity of our
two survey crews with their ongoing work load.
All funds to finance the costs incurred under this Agreement
will be derived from the 19B3-84 Military Construction Program.
~
We recommend the resolution be adopted.
I
0
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26 ,I
27 \1
28
o
o 0
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING TilE EXECUTION
OF AN AGREEMENT WITH C M ENGINEERING ASSOCIATES FOR PROVIDING SURVEYING
SERVICES ON THE TIPPECANOE AVENUE BRIDGE OVER THE SANTA ANA RIVER.
BE IT RESOLVED BY THE MAYOR AND CO~~10N COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
illl1:horized and directed to execute, on behalf of said City, an Agreement
for Surveying Services with W Engineering Associates relating to construction
of the new Tippecanoe Avenue Bridge over the Santa Ana River which agreement
is attGch~d 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 H~REBY CERTIFY that the fore9oing resolution was duly adopted
by the 1.~ayor and Corm~on Council of the Cit;, of San Bernardino at a
meeting thereof, held on the
day of
, 1985, by the following vote, to-wit:
AYES: Council Members
NAYS:
ABSENT:
C i fyCTeri<
The foregoing resolution is hereby approved this
day 0 f
, 1985.
Mayor of the City of San Bernardino
o
o
1 Approved a s to form:
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
2\
22
23
24
25
26
27
28
orney
- 2--
o
o
o
o
o
o
ENGINEERING SERVICES AGREEMENT
TO PROVIDE SURVEYING FOR CONSTRUCTION OF
BRIDGE REPLACEMENT, GRADING AND PAVING ON
TIPPECANOE AVENUE
FROM SAN BERNARDINO AVENUE TO
CENTRAL AVENUE AT THE SANTA ANA RIVER
THE CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO
CALIFORNIA
Project: AF-AD-60(1)
,,----
This AGREEMENT, made and entered into this day of
, 1985, by and between the CITY OF SAN BERNAROINO whBse
address is City Hall, 300 North "D" Street, San Bernardino, California
92418, Attention: Public Works Director/City Engineer, hereinafter
referred to as "CITY" and C M ENGINEERING ASSOCIATES, A Cal ifornia
Corporation, 225 East Airport Drive, San Bernardino, California 92408,
hereinafter referred to as "ENGINEER":
WITNESSETH:
WHEREAS, CITY intends to construct the improvement of Tippecanoe
Avenue from San Bernardino Avenue to Central Avenue; and
WHEREAS, CITY desires to employ ENGINEER to furnish construction sur-
veying services for the construction improvement of Tippecanoe Avenue and
appurtenant structures, hereinafter referred to as the "PROJECT"; and more
speCifically described in Part A below; and
WHEREAS, CITY has contracted for construction of the PROJECT by a
General Contractor within a construction period of 275 working days; and
1
Q
o
o
o
WHEREAS, ENGINEER accepts said employment to furnish said construc-
tion surveying services for the PROJECT; during said construction period;
pd
WHEREAS, ENGINEER will perform construction surveying services under
the control and direction of the CITY Resident Bridge Engineer representing
the CITY Department of Public Works;
WHEREAS, ENGINEER agrees to perform requested construction surveying
services on a variable schedule to meet PROJECT needs, and
NOW, THEREFORE, in consideration of these premises and of the mutual
covenants herein set forth for the completion of the construction surveying
services for construction of the PROJECT, IT IS AGREED AS FOLLOWS:
PART A
DESCRIPTION OF PROJECT
The PROJECT for which engineering services are to be provided is the
improvement of Tippecpoe Avenue in the area shown in Exhibit -A- con-
taining the project contract documents of plans and special provisions No.
6358 on file in the Public Works Director/City Engineer's office, and 1s
described as follows:
A. Location
The PROJECT is located in corporate limits of the CITY of
San Bernardino. The improvement of Tippecanoe Avenue extends from San
Bernardino Avenue northerly, across the Santa Ana River, and ends at
Central Avenue, a distance of approximately 0.66 miles.
2
, ,
Q
o
o
o
B. Pro~ect Features
The PROJECT consists of a new bridge. bridge roadway approaches and
roadway construction and widening from San Bernardino Avenue to Central
Avenue. channel and levee improvements of the Santa Ana River. drainage
structure improvements for Tippecanoe Avenue. relocation of underground
utility lines and staging of detour road and traffic control.
PART B
SCOPE OF ENGINEERING SERVICES
The ENGINEER shall maintain continuous liaison on a weekly basis with
the CITY. as required in the interests of expediting the PROJECT. and shall
furnish the CITY information and field staking for establishment of control
lines and elevations required by the CITY for the construction contractor
to main-tain construction schedule. The ENGINEER shall perform construc-
tion survey services as needed. but does not have direct control of any
construction operations of the PROJECT.
PART C
AUTHORIZATION TO PROCEED
ENGINEER shall not begin on the PROJECT until authorized in writing
by CITY.
3
o
o
o
o
PART D
COMPENSATION
The CITY shall pay to ENGINEER, and ENGINEER shall accept from CITY,
as complete compensation for the work and services specified herein,
payment based on a cost-plus-a-net fee.
1. Cost Principles
The Federal Procurement Regulations, Title 41, Subpart 1-15 Code of
Federal Regulations will control for allowable elements of cost.
2. The City shall reimburse the ENGINEER for actual costs (including
labor costs, employee benefits, overhead and other direct costs)
incurred by the ENGINEER in performance of the work, in an amount
not to exceed $108,094.60 exclusive of any net fee. Actual costs
shall not exceed the estimated wage rates and other costs as set
forth in the ENGINEER'S proposal.
3. In addition to the costs referred to in paragraph 2 of this Article,
the CITY shall pay ENGINEER a net fee of $11,998.50. Said net fee
shall not be altered unless there is significant alteration in the
scope, complexity or character of the work to be performed.
4. Total expenditures made under this contract including the net fee
shall not exceed the sum of $120,093.10 without approved adjustments.
4
o
o
o
o
5. Changes in Work Scope - Extra Work
The ENGINEER further agrees that if so directed by the CITY to pro-
vide additional construction surveying services during the construc-
tion period beyond the estimated hours. the scope of such services
or additional time required would be determined by the CITY and
authorized by a supplementary agreement.
6. Method of Payment
a. Invoices:
The ENGINEER shall submit monthly invoices for partial payment
based on actual work performed.
PART E
TIME OF PERFORMANCE
ENGINEER shall diligently perform the services required by this
Agreement as requested by CITY. The CITY and the ENGINEER agree to the
following schedule of notification by the City when services are required
of the ENGINEER:
1. Start of PROJECT"-- five working days.
2. All subsequent requests -- within twenty-four hours of actual
time of need on PROJECT.
PART F
RELATIONS AND DUTIES OF PARTIES AND TERMINATIONS
1. The status of ENGINEER is that of an Independent professional operating
hereunder. and is not. Ind shall not be considered to be thlt of In
officer. In employee or an Igent of CITY.
5
Q
o
o
o
2. The ENGINEER warrants that it has not employed or retained any company
or person, other than a bona fide employee working solely for the
ENGINEER, to solicit or secure this Agreement, and that it has not
paid or agreed to pay any company or person, other than a bona fide
employee working solely for the ENGINEER, any fee, commission, percen-
tage, brokerage fee, gifts, or any other considerations, contingent
upon or resulting from the award or making of this Agreement. For
breach or violation of this warranty, the CITY shall have the right to
annul this Agreement without liability or, in its discretion to deduct
from the agreement price or consideration, or otherwise recover, the
full amount of such fee, commission, percentage, brokerage fee, gift,
or contingent fee.
3. All field notes, survey data, and maps prepared or obtained under the
terms of this Agreement shall be delivered to and become the property
of the CITY, and basic survey notes and sketches, charts, com-
I
putations, and other data prepared or obtained under this contract
shall be made available, upon request, to the CITY without restriction
or limitation on the .items so furnished Qr prepared by ENGINEER for a
project or continuation of projects other than the PROJECT. ENGINEER
shall be released from any responsibility concerning the use of said
items on projects. ENGINEER may retain copies for his own use.
4. Richard S. Titera, Principal Engineer of the ENGINEER'S firm, who is
registered with the State of California Board of Registration for
Professional Engineers, will be placed in responsible charge for the
PROJECT services required of ENGINEER and will act IS liaison between
the CITY and the ENGINEER.
6
H .
o
o
o
o
5. The ENGINEER shall not engage the services of any person or persons
now employed by the CITY during the terms of this agreement except
with the written permission of the CITY. Except as otherwise herein
provided, the ENGINEER shall not sublet any portion of the services
to be performed under this Agreement.
6. Authorized representatives of the Federal Government, the California
Department of Transportation, and the CITY shall have the right to
inspect the work of such services whenever such representatives may
deem such inspection to be desirable or necessary. The ENGINEER will
attend meetings and conferences with representatives of the CITY,
California Department of Transportation, Federal Highway
Administration, and other interested agencies as may be reasonably
req ui red.
7. ENGINEER shall function as technical representative of CITY, and all
surveying activities under this Agreement shall be carried on under
the full satisfaction and approval of the Public Works Director/City
Engineer. ENGINEER'S complete files, including all records,
employees' time sheets and correspondence pertaining to the PROJECT,
shall be available for review by the Public Works Director or repre-
sentative, and copies of pertinent reports and correspondence shall
be furnished for'the files of the CITY.
8. ENGINEER shall comply with all Federal, State, and local law statues,
ordinances, rules and regulations, and the orders and decrees of any
courts or administrative bodies or tribunals of which ENGINEER is
aware of in the performance of this Agreement, including, without
7
Q
o
o
o
limitation, workmen's compensation laws and licensing and
regulations.
9. The ENGINEER shall provide properly skilled professional and tech-
nical personnel to perform all construction surveying services
herein.
10. .The ENGINEER shall be solely responsible and save CITY harmless for
all matters relating to the payment of company employees, including
compliance with social security, withholding and all other regula-
tions governing such matters. ENGINEER will at all times indemnify
CITY and hold and save CITY harmless from and against any all actions
or causes of action, claims, demands, liabilities, losses, damages or
expenses of whatsoever kind and nature, including attorney's fees,
which CITY may sustain or incur arising out of any negligent act or
omission of ENGINEER in connection with or attributable to services
ENGINEER performs pursuant to this Agreement. CITY shall give prompt
written notice to ENGINEER of any cause of action, claim demand,
liability, loss, damage or expense suff~red or asserted against CITY
and as to which CITY believes it is entitled to indemnification
hereunder.
11. ENGINEER shall secure and maintain the following insurance coverages:
a. Workmen's compensation Insurance with statutory limits. ENGINEER
shall require the carrier furnishing such insurance to waive all
rights of subrogation against the CITY, its officers, agents,
employees, contractors, and subcontractors.
8
, ,
.
o
.
o
o
o
b. Comprehensive General Liability Insurance, including contractual
coverage and excluding automobile, with a combined single limit of
not less than One Million Dollars ($l,DOO,ooO) each occurrence and as
necessary for the work.
c. Automobile Bodily Injury and Property Damage Liability Insurance
with combined single limits of not less than One Million Dollars
($1,000,000) each occurrence for bodily injury and Five Hundred
Thousand Dollars ($500,000) for each occurrence for bodily injury and
Five Hundred Thousand Dollars ($500,000) for each occurrence for pro-
perty damage. Such insurance shall cover liability arising out of
use by ENGINEER of owned, non-owned and hired automobiles in the per-
formance of the work hereunder. As used herein, the term "automo-
bile- means vehicles licensed or required to be licensed under the
California Vehicle Code.
d. ENGINEER shall furnish certificates of insurance to the CITY evi-
dencing the insurance coverage above required prior to commencement
of the work which certificates shall provide that such insurance
shall not be terminated or expire except on thirty (30) days" prior
written notice to the CITY, and shall maintain such insurance from
the time work first commences until completion of the work.
12. The ENGINEER and it's subcontractors shall maintain all books, docu-
ments, papers, employees' time sheets, accounting records, and other
evidence pertaining to cost incurred and shall make such materials
available at their respective offices at all reasonable times during
the contract period and for a period of four years from the date of
final payment under the contract, for inspection by the CITY, STATE,
9
o
o
o
o
FEDERAL, and/or any authorized representative of the Federal
Government and copies thereof shall be authorized, if requested, at no
cost to the ENGINEER.
13. Additional contract provisions in compliance with Title VI of the
Civil Rights Act of 1964 as amended. During the performance of this
contract the ENGINEER, any assignees and successors in interest,
agrees as follows.
a. Compliance with Regulations
The ENGINEER will comply with the Regulations of the Department of
Transportation relative to nondiscriminate in Federally-assisted
programs of the Department of Transportation (Title 49 Code of
Federal Regulations, Part 21, through Appendix Hand 23 CFR No.
710.405(b) hereinafter referred to as the Regulations), which are
herein incorporated by reference and made a part of this
contract.
b. Nondiscrimination
The ENGINEER with regard to the work performed by the ENGINEER
after award and prior to completion of the contract work, will not
discriminate on the ground of race, color, sex, or national origin
in the selection and retention of subcontractors, including pro-
curements of materials and leases of equipment. The ENGINEER will
not participate either directly or indirectly in the discrimina-
tion prohibited by Section 21.5 of the Regulations including
employment practices when the contract covers a program set forth
in Appendix B of the Regulations.
10
I '
o
o
o
o
c. Solicitations for Subcontracts, Including Procurements of
Material and Equipment
The ENGINEER will comply with the Regulations of the Department of
Transportation relative to procurement in Federally-assisted
. programs of the Department of Transportation (Title 41, Code of
Federal Regulations), which are herein incorporated by reference
and made a part of this contract. In all solicitations either by
competitive bidding or negotiation made by the ENGINEER for work
to be performed under a subcontract, including procurements of
materials or equipment, each potential subcontractor or supplier
shall be notified by the ENGINEER of the ENGINEER'S obligations
under this contract and the Regulations relative to non-
discrimination on the ground of race, color, sex, or national
origin.
d. Government Code Section 7550
ENGINEER to recognize obligation with respect to the required
notice under Government Code Section 7550 on any documents or
written reports prepared.
"Any document or written report prepared for or under the direc-
tion of a state or local agency, which is prepared in whole or in
part by nonemployees of such agency, shall contain the numbers and
dollar amounts of all contracts and subcontracts relating to the
preparation of such document or written report; provided, however,
that the total cost for work performed by nonemployees of the
agency exceeds five thousand dollars ($5,000). The contract and
subcontract numbers and dollar amounts shall be contained in a
11
o
o
o
o
separate section of such document or written report."
"When multiple documents or written reports are the subject or
product of the contract, the disclosure section may also contain a
statement indicating that the total contract amount represents
compensation for multiple documents or written reports."
Certification by ENGINEER of above is attached and made apart of
this Agreement.
e. Information and Reports
The ENGINEER will provide all information and reports required by
the Regulations, or orders and instructions issued pursuant
thereto, and will permit access to its books, record account~,
other sources of information, and its facilities as may be deter-
mined by the CALIFORNIA DEPARTMENT OF TRANSPORTATION or the
FEDERAL HIGHWAY ADMINISTRATION to be pertinent to ascertain
compliance with such Regulations, orders and instructions. Where
any information required of the ENGINEER is in the exclusive
possession of another who fails or refuses to furnish this infor-
mation, the ENGINEER shall so certify to the STATE DEPARTMENT OF
, .
TRANSPORTATION, or the Federal Highway Administration as
appropriate, and shall set forth what efforts have been made to
obtain the information.
f. Record Retention
The ENGINEER'S records will be retained for inspection for a
period of at least three years after final payment to the
consultant.
12
- ,
o
o
o
o
g. Sanctions for Noncompliance
In the event of the ENGINEER'S noncompliance with the non-
discrimination provisions of this contract, the STATE DEPARTMENT
OF TRANSPORTATION shall impose such contract sanctions as it or
the FEDERAL HIGHWAY ADMINSITRATION may determine to be
appropriate, including, but not limited to:
1. Withholding of payments to the ENGINEER under the contract
until the ENGINEER complies;
2. Cancellation, termination or suspension of the contract, in
whole or in part.
h. Incorporation of Provisions
The ENGINEER will include the provisions of paragraph (a) through
(f) of this section in every subcontract, including procurements
of materials and leases of equipment, unless exempt by the
Regulations, orders, or instruction issued pursuant thereto. The
ENGINEER will take such action with respect to any subcontract or
procurement as the STATE 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 STATE
DEPARTMENT OF TRANSPORTATION to enter such litigation to protect
the interest 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.
13
o
o
o
o
14. The CITY agrees to furnish the ENGINEER, to the extent that they are
available, CITY standards, details, specifications and regulations
applying to the PROJECT and other such information which may be help-
ful to the ENGINEER in performance of the service including but not
limited to minimum geometric sections and traffic design data, and
rights of entry for surveys.
15. The CITY shall be responsible for construction inspection and progress
with resident City personnel and will establish extent of construction
survey required of ENGINEER.
16. The CITY may at its sole discretion, for cause and in good faith, ter-
minate this Agreement at any time prior to completion by ENGINEER of
the services required hereunder. Notice of Termination of this
Agreement shall be given in writing to ENGINEER, and shall be suf-
ficient and complete when same is deposited in the United States
Mails, postage pre-paid and certified, addressed as set forth in the
first paragraph of this Agreement. The Agreement shall be terminated
upon receipt of the Notice of Termination by ENGINEER. In the event
of termination, ENGINEER shall be paid for all services performed and
all expenses incurred, from the date of last partial payment invoice
to the date of termination of this Agreement on a cost plus a net fee
in accordance with the ENGINEER'S cost price proposal attached hereto
as Exhibit B, but not to exceed maximum contract amount specified
herein. In the event of termination of this Agreement, all finished
or unfinished survey notes and documents, in accordance with provi-
sions of this Agreement, at the option of CITY, shall become CITY'S
14
Q
o
o
o
property. Should the work under this Agreement be suspended by the
CITY for a period of two years or more. then after two years from the
date of such suspension. ENGINEER may terminate this Agreement by
giving the CITY written notice thereof.
17. This Agreement shall inure to the benefit of. and be binding upon the
successors in interest. legal representatives. trustees. and permitted
assigns of either party.
* * *
This writing constitutes the entire Agreement between the parties for
the engineering services to be performed pursuant hereto, and no modifi-
cation hereof shall be effective unless and until such modification
is evidenced by a writing signed by all parties to the Agreement.
15
Q
o
o
o
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the
day first above written in the City of San Bernardino, California.
ATTEST:
CITY OF SAN BERNARDINO
BY:
APPROVED AS TO FORM:
/U~~
L~RIN
CITY ATTORNEY
W.R. "BOB" HOLCOMB
MAYOR, CITY OF SAN BERNARDINO
STATE OF CALIFORNIA
BY:
C M ENGINEERING ASSOCIATES
BY: tlf"J ~_t;.~
CLYDE HIPPENSTIEL
Executive Vice President
16
Q
o
o
o
CERTIFICATION OF CITY OF SAN BERNAROINO
I HEREBY CERTIFY that I am the Mayor of the City of San Bernardino,
California, 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 organization, any
fee, contribution, donation, or consideration of any kind;
except as here expressly stated (if any): None
I acknowledge that this certificate is to be furnished the State
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.
(Date)
W.R. HOLCOMB
~Y~
Q
o
o
o
CERTIFICATION OF ENGINEER
I HEREBY CERTIFY that I am the Executive Vice President and duly
authorized representative of the firm of C M Engineering Associates whose
address is 225 East Airport Drive. San Bernardino. California. 92408, and
that neither I nor the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage, con-
tingent 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 connec-
tion with carrying out the agreement; or
(c) paid, or agreed to PlY, 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 consideration of any kind for, or in
connection with, procuring or carrying out the agreement;
except as here expressly stated (if any): None
I acknowledge that this certificate is to be furnished to the State
Department of Transportion in connection with this agreement involving par-
ticipation of Federal-aid highway funds. and is subject to applicable State
and Federal laws, both criminal and civil.
December 27. 1984
(Date )
~~.~~.J::L
Clyd H ppenst el
Executive Vice President
Q
o
o
o
EXHIBIT "B"
COST PRICE PROPOSAL
DIRECT LABOR HOURS RATE SUBTOTAL TOTAL.
I. Office Supervision and Coordination
A. Principal Engineer 40 $24.00 $ 960.00
Principal Surveyor 100 25.00 2,500.00
Field Survey Supervisor 32 18.00 576.00
B. Indirect Costs (Overhead) $ 4,036.00
Overhead Rate at 127.29l 5,137.42
II. Survey Crew
A. Party Chief 696 20.70 14,407.20
Senior Chainman 11 ~87J 696 18.23 12,688.08
Senior Chainman 12 74 592 18.23 10,792.16
B. Indirect Costs (Overhead) 37,887.44
Overhead Rate at 155.70l COST 58,990.74
PER
DIRECT COSTS (Except Labor) QUANTITY UNIT SUBTOTAL TOTAL
Equipment and Supplies (Itemize),
A. Stakes 3,700 0.54 $1,998.00
B. Flagging .15 3.00 45.00
Other Direct Costs (Itemize)
Mileage No Charge II
$ 2,043.00
FEE (Profit) at 11.10 percent 11,998.50
TOTAL COST $120,093.10