Loading...
HomeMy WebLinkAbout13-Development Services ORIGINAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution of the City of San Bernardino approving Professional Services Dept: Development Services Agreements with Hall and Foreman, Inc. and AEI-CASC Consulting for On-Call Date: September 26, 2006 Plan Review Services. MCC Date October 16, 2006 Synopsis of Previous Council Action: 06/05/06 Resolution No. 2006-149 was adopted providing for contract plan checking by City employed consultants and providing new methods for assessing fees to applicants and compensating consultants. Recommended Motion: Adopt Resolution. Valerie C. Ross Contact person: Mike Grubbs, Field Engineer Phone: 5179 Supporting data attached: Staff Report, Reso. & Agreements Ward: ALL FUNDING REQUIREMENTS: Amount: $450,000 Source: (Acct. No.) 772-183-2306 Acct. Description: Engineering Design - Contractual Services ij� Finance: Council Notes d00 ' -369 NJ lo�nu Agenda Item No. City of San Bernardino — Request for Council Action STAFF REPORT Subject: Resolution of the City of San Bernardino approving Professional Services Agreements with Hall and Foreman, Inc. and AEI-CASC Consulting for On-Call Plan Review Services. Background: The Development Services Department is responsible for development plan review and plan checking for various land development and capital improvement projects. These responsibilities include the review and plan checking of roads, bridges, buildings, grading, drainage, landscaping, traffic signals, on-site improvements, handicap ramps, etc. Contract plan review is essential to providing a continually improving level of service to the development community and adequate quality control in the design process for capital improvement projects. The level of development activity is by its nature highly variable and having the services of a consultant firm helps to balance the workload. The engineering land development activity has increased substantially over the last five years and currently remains high. On April 6, 2006, a request for proposals (RFP) to provide Professional Public Works On-Call Plan Review Services was sent to I I consulting engineers in the local area. A copy of the RFP was also sent to the San Bernardino Chamber of Commerce and a copy was posted on the City's website. The Mayor and Common Council previously approved the format, evaluation criteria and evaluation procedure used in the RFP on September 2, 2003. Proposals were received from WILLDAN, Hall & Foreman Inc., AEI-CASC Consulting, and MAPCO. Staff evaluated the four proposals and determined that WILLDAN, Hall & Foreman, Inc., and AEI-CASC Consulting submitted the proposals best meeting the requirements of the RFP. The selection process was completed on August 17, 2006, and consisted of the evaluation by City staff of proposals and an interview with the top three firms of WILLDAN, Hall & Foreman Inc., and AEI-CASC Consulting. All three firms were found to be highly qualified and capable of providing the services being sought. Both Hall & Foreman, Inc. and AEI-CASC Consulting executed and returned the standard form of Agreement for On-Call Plan Review Services. However, WILLDAN later requested that their name be withdrawn from competition. Therefore, staff is requesting approval of a contract, not to exceed the combined amount of $450,000 in services with the firms of Hall & Foreman Inc. and AEI-CASC Consulting. Staff is recommending that Agreements for On-Call Plan Review Services be executed with these two consultants. Staff will spread the plan review load among the consultants so as not to overload any one consultant. 2 City of San Bernardino — Request for Council Action STAFF REPORT—Continued The firms of Hall & Foreman Inc. and AEI-CASC Consulting have a proven track record for successfully completing previous projects assigned to them by the City. An Agreement for On-Call Plan Review Services was awarded to Transtech Engineers on June 5, 2006. Addition of these two firms will give staff flexibility to select among a total of 3 firms to provide plan review services. Projects will be assigned at the sole discretion of the City Engineer. The City may use its own employees to perform plan reviews in addition to any such work assigned to the Consultants. The volume of plan reviews is dependent upon factors outside the City's control; therefore, there is no guarantee provided as to the minimum or maximum volume of work that may be assigned to any of the above-listed consultants. Hall & Foreman Inc. and AEI-CASC indicated acceptance that the City does not guarantee a minimum or maximum volume of plan checks. Public Works staff has been hard pressed over the past year to fully review new development projects, check plans submitted for permits in a timely manner, provide adequate customer service, manage the Capital Improvement Program (CIP) and accomplish other mandated duties. Approval of these Agreements will increase the resources available to meet the current high demand for plan review services without increasing permanent staff. An improved system for plan review cost accounting has been implemented in accordance with Resolution No. 2006-149, which was adopted on June 5, 2006. Under the new plan review accounting system, the City is able to: ■ cap the cost of services, no matter how complex and extensive the plan review is, at 65% of fees collected by the City; ■ recover additional revenues from plan reviews to pay for City's administrative costs (35% of the fees collected by the City); ■ offer plan reviews as before with a standard 3-week turnaround time, but without extra cost to the applicant; ■ at the discretion of staff, send overflow plan reviews to the consultant plan checker at no additional cost to the applicant or City. Resolutions No. 2006-149 also allows applicants, upon payment of an additional 25%, to request expeditious plan review. If expeditious plan review is requested, then the consulting firm providing the service will guarantee a turnaround time of 10 working days. Compensation to the consulting firm will then be 65% of the 125% of the in-house plan review fee. All consulting firms listed above (Transtech Engineers included) have been provided a copy of Resolution No. 2006-149 and have agreed to accept compensation as provided therein. Financial Impact: Under the method of accounting provided in Resolution No. 2006-149 for compensation of consultants, all costs associated with plan review services (conducted by Hall & Foreman Inc. or AEI-CASC Consulting) are paid by the developer, including City staff time and overhead(as 3 City of San Bernardino — Request for Council Action STAFF REPORT—Continued part of the 35% retained by the City). Therefore, there will be no cost to the City for plan review services conducted by Hall & Foreman Inc. or AEI-CASC Consulting under terms of the proposed Agreements. Recommendation: Adopt Resolution. 4 C(OPY1 2 RESOLUTION NO. 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 4 AGREEMENT FOR SERVICES WITH HALL & FOREMAN, INC. AND AEI-CASC ENGINEERING, INC. D.B.A. AEI-CASC CONSULTING FOR ON-CALL PLAN 5 REVIEW SERVICES. 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 7 OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. Hall & Foreman, Inc. and AEI-CASC Engineering, Inc. d.b.a. AEI-CASC 9 Consulting are firms that are competent, experienced, and able to perform requested services and 10 have provided the most advantageous and responsible proposal for provision for On-Call Plan 11 Review Services in amounts totaling up to $450,000 in the aggregate. Pursuant to this 12 13 determination, the Purchasing Manager is hereby authorized and directed to issue Purchase 14 Orders for said services to said firms; but such award shall only be effective upon the issuance of 15 a Purchase Order by the Purchasing Manager; and all other proposals are hereby rejected. The 16 Mayor is hereby authorized and directed to execute these Agreements for Services on behalf of 17 the City; of which a copy of the Agreements for Services is attached hereto and incorporated 18 herein as Exhibit A-1 (Hall & Foreman Inc.) and Exhibit A-2 (AEI-CASC Consulting). 19 20 SECTION 2. The authorization to execute the above-referenced Agreement for Services 21 is rescinded if it is not signed by the parties within sixty (60) days of the passage of this 22 resolution. 23 24 25 26 27 Nd , / 3 28 - 1 - lb D6 1 2 RESOLUTION ....... APPROVING AGREEMENT FOR SERVICES WITH HALL & FOREMAN, INC. AND AEI-CASC ENGINEERING, INC. D.B.A. AEI-CASC 3 CONSULTING FOR ON-CALL PLAN REVIEW SERVICES. 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 8 on the day of 2006, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 ESTRADA 11 BAXTER 12 VACANT 13 DERRY 14 KELLEY 15 16 JOHNSON 17 MC CAMMACK 18 19 City Clerk 20 The foregoing resolution is hereby approved this day of 12006. 21 22 23 Patrick J. Morris, Mayor 24 City of San Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 (� 28 By: y e - 2 - AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES THIS AGREEMENT is made and entered into this day of 2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city("City"), and HALL & FOREMAN, INC. ("Consultant"). WITNESSETH : I A. WHEREAS, City proposes to have Consultant perform the on-call plan review services described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Contractor shall furnish on-call plan review services to City in accordance with Attachment A, attached and incorporated herein. It is agreed that Consultant shall accomplish all plan reviews in accordance with standards of the City and shall turnaround plan reviews in three weeks after receipt of all checking material for standard plan reviews and two weeks for expeditious plan reviews as defined in Resolution No. 2006-149. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; 1 occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment._ This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that as the City's on-call Plan review consultant, Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such services in accordance with the provisions of Resolution of the Mayor and Common Council No. 2006-149. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation 2 shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Managing Engineer for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Managing Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Managing Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending one year after the Effective Date, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. After successful completion of the first year, an administrative extension of one additional year may be authorized, subject to agreement of both parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by 3 the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE E 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 4 t s 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Managing Engineer to work directly with Consultant in the performance of this Agreement. 5 t i E t E S Consultant shall designate a Contract Inspector(s) who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Mr. Don Bierman, P.E. Valerie C. Ross Hall & Foreman, Inc. Director of Development Services 9130 Anaheim Place, Suite 120 300 North "D" Street Rancho Cucamonga, CA 91730 San Bernardino, CA 92418 Fax: (909) 919-7800 Fax: 909-384-5080 Tel: (909) 919-7801 Tel: 909-384-5357 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification 7 and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Riffs. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 8 6.2 1. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. i 9 AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, HALL & FOREMAN, INC. A Municipal Corporation, Consultant Y Patrick J. Morris, Mayor ignature J0 . 5- �• I Name and Title Approved as to form: James F. Penman, City Attorney 10 ^= ^' "" 'V.°= . ^��° --- -'-^~~~^'~~~^` ~ ^~ June 19,2006 MrMichaa|Grubbs,P�. Engineering Manager/Field Engineer City cf San Bernardino 308 North~D^Street 3rd Floor San Bernardino,[A92418 Subject: Public Works Plan Review Services Dear Mr.Grubbs: Hall&Foreman,Inc.(HFI)understands that the key tuprmvkding0e City cf San Bernardino with successful p,o1eets is a dedicated team experienced in plan review projects;who can perform the necessary street improvement, sewer,storm drain,grading,hydrology/hydraulic reports,structural calculations, tract and parcel maps, right-of- way andeamement,traffic signal and study plan review 5ervices, ard who has the City and community foremost in their plan. HF]'s team is the key to successful completion of these important projects. The Daily Point of Contact for City cf San Bernamdino's projects is: Don Bierman, P'E',Project Director 983O Anaheim Place,Suite 1]O Phone:(90g)S19-780Q ext. 834,Fax:(909)919-7801 E'mvaU:dbileimm nWmcczmm HFl,,uuld like todravv the City u[San 8ernordinm's attention tothcse key benefits: N Proven Plan Review Services Project Success HFlIs familiar with City mf Sari Bernardino p|am review services and knows the standards,policies,and procedures involved.HF{'s staff iscur,ant)y providing plan review services for the cities of Tustin,Brea, Diamond Bar,Yucaipa,Temecula,and Murrieta;the Los Angeles Courity Department of Public Works (LADPW);and County of Orange.HFI's long-term working relationship with these and other public agencies and the firm's level of contract renewals proves that NFI knows how to get the job done successfully. NN The City mf San Bernardino Can Rely mnU1,111FI's Project Manager Expertise HFI's assigned Project Manager,Don Bierman,P.E.,has over 35 years of civil engiree-ing experience in the management,engineering,and design of street Improvement projects,storm drain, site development, commercial,industrial,residential,and public works projects. Ha recently managed and designed projects for the Cities of Ontario,Upland,and La Canada Flintridge and has plan check experier.ce with the Cities of Riaito,Corona, and San Bernardino County.Mr. Bierman wd; manage and be responsible forthe team's plan check review services.Mr.Bierman wil I also meet with County staff,as needed,to discuss project progress. � Established Quality Assurance/Quality Control(QAJQC)Program HFl has a proven in-house QA/QC Program,which addresses the stages of formal reviews.HFI'sphilosophy and culture is focused om Senior Management involvement and Client satisfaction.HFl looks ateach assignment as a partnering arrangement with the Clients and the other agencies/municipalities involved. HF1 will provide a written outline of the QA/QC measures CU5tOmized for the C ty of San Bernardino, if they so choose.The fact that 80%cf HF['s work is repeat business should speak for the QA/QC Program Management; however,the City of San Berna-,dino is encouraged to contact the references provided regarding past project experience and performance. 06y30'000 � .,,,, �, .,V ,,,.11 a ATTACHMENT 6('A9!r'- HFI will not be utilizing the services of a 5ubcorsultant to perform the plan review services.NFI's proposal dated June 19, 2006 shall remain valid for a period of not less than 90 days. HFI has received and acknowledges the City of San Bernardino's Addendum No. I dated May 8, 2006,Addendum No. 2 dated May 22, 2006,and concurs with Addendum No. 3 dated June 12,2006. Choosing HF1 for this project will satisfy the City with a Project Manager and consultant team that understands on-call plan review and puts the City foremost in their plan.HFI appreciates this opportunity to be of service to the City of San Bernardino.If City staff has any questions, please do not hesitate to call me directly at 1909) 919-7834. Sincerely, Hall&Foreman,Inc. Don Bierman,P.E. Project Director l ' 06130-000 2 ATTACHMENT 66A99 Section Organizational Project i Collectively, HFI's Plan Check Review Team has over 350 �:,r a,� years of experience Beruir I ino working on plans mroject Manager Principal in Charge oo . - .n, P.E. Jon E Bourgeon, I'I Quality Assurance/ Quality Control lead Plan Checker Vivian Chen, E.LT Street, Sewer, Ge&ra ld S tHoorm fm aDisrtaeir,n s P.E. doo 9pGa ReYp/o rts Retaining Wall/ Structural Vivian Chen, E.LT. Pavel Horn, P.�. Robbie Mahmood, P.E. Robbie Mahmood, 1'I Rolando Mating Rita Escobar, E.I.T. Vivian Chen, E.LT. Harold Garcc•lon, P.i Tract/Parcel Maps Right of Way/ William Hoff, P.L.S. Easements Traffic Signal/ Rolando Mating Mike Navarro, P.L.S. Studies Andy Powell Cin�y Shambeck, L.S.LT. ` Harold Garcelon, P.E. Silvia Scintee ark Monroe, P.L.S. Juan Vargas illiam Hoff, P.L.S. :'Hall&Foreman,lnc. ,• ATTACHMENT "A" Section 3 Project Approach Project It is HFI's plan to assign a single individual Lead Plan Checker to work with the City and Management coordinate reviews between various City departments and HFI project team members. This individual will maintain HFI's submittal log record, inspection report log,and daily reports and along with other team members,will be available to meet with Developers and their Engineers to discuss and resolve design issues.This individual will also coordi- nate with City staff to obtain project guidelines and requirements such as current Condi- tions of Approval for private development project(s)assigned to HFI's project team. HFI's Project Manager and other team members will be made available to provide expedited reviews upon request from the City. It is HFI's goal to provide the requested Plan Checking Services to meet the City's needs. With HFI's team of qualified engineers available to the City, HFI's goal will be to complete all first check reviews within a maximum two-week turnaround time period. Depending on the complexity and number of comments from earlier reviews,a one-week review turn- HFI's Internal Plan i around goal will be established for all additional reviews. Check Review QA/QC Process involves 'i In addition to reviewing improvement and development plan submittals,at the City's oversight from a request,HFI's services can include review of tentative maps for compliance with applicable Project Director development and City/County standards and acceptable engineering practices,the review whose speciality of development site plans,flood control design reviews,WQMP/SUSMP/SWPPP reviews, relates to the p' of the review of public infrastructure improvement plans,and constructability reviews of final plans being reviewed 1� PS&E construction documents. drainage, street, sewer, etc.) Scope of Services HFI will plan check the engineers'submittal including studies,reports, maps,survey closures,title reports, legal documentations,geotechnical reports,traffic studies, EIR's, EIS's,water quality management plans, rough grading and precise grading, utility,water and sewer plans,storm drain plans,hydrology and hydraulics reports, retaining wall designs,calculations,and public improvement plans. Each project is reviewed initially for compliance with applicable jurisdictional standards and requirements such as ADA,Fire Authority,sewer and water purveyor,State or County roadways,Corps of Engineers, Department of Fish and Game,etc. It is HFI's goal to have the plans ready for approval by the third check.To accomplish this, HFI encourages the Engineer to meet with the Plan Checker during the initial submittal to review the submittal for completeness and to gather information from each other to understand the nuances of the project and to eliminate misunderstandings.In working together with the engineer,HFI has minimized delays in the approval process. HFI will set up a logging system to keep track of the quantity and type of plans that have been reviewed in house.The logging system records the date when the plans are received and the date when the plans are submitted back to the City. HFI will also create corre- spondence letters for each review and document major issues that appear as redlines on the plans. HFI's logging system allows the firm to answer any questions regarding status and comments on the plans immediately.It is readily available within HFI's computer system. HFI will be able to respond to any issue regarding the plan check promptly and accurately. Detailed explanations of various City,County,and State requirements will be provided with each plan check review. ATTACHMENT "A" Section 3 HFI's approach to providing City requested plan-checking services involves the following Project procedures and methodology: Management ■ Screen check first submittal for compliance to City/County and project submittal requirements and any Conditions of Approval for the project. • Communicate with the City representative and/or the Designer regarding any deficiencies or missing documentation. • Complete first check review and prepare written plan check comments along with providing redlined plans or reports. • Maintain the City's interest in terms of safety, potential liability,operation, maintenance and durability of the proposed improvements. • Keep up-to-date with the City/County Codes,Standards,and Procedures. • Maintain up-to-date Plan Check records of correspondence and project documents • As part of our review efforts,a Quality Control review will be conducted to avoid unneeded and unnecessary minor comments and engineering opinions. HFI's reviews will include grading(mass, rough,and precise), parking lot layout,striping, signing,drainage,water and sewer plans,vehicle site access and circulation,ADA access, structure review(for miscellaneous retaining and screen walls,fences,and other minor drainage structures),and right-of-way/easement documents. Review of public improve- ments to public streets, local drainage and major flood control facilities,and bonding estimates will also be conducted. Additional services provided by HFI to our municipal clients include review of Final Maps, easements,and lot line adjustments.These services are provided by senior staff familiar with the City's requirements. At the request of the City, HFI will provide resources to support the City's review of Development Applications including Tentative Tract Parcel Maps and Site Plans for compliance with the County's planning and building codes and ordinances with regards to grading,public improvements,and water quality requirements. HFI will meet with City staff to evaluate and review the submittal for completeness. HFI will prepare comments to be included in the Staff Report to the Planning Commission. A sample General Plan Preparation Check List created by HFI and used as a guide for providing plan check services is provided in the on the following pages. General Plan Review Preparation Checklist L General Plan Requirements A. Plans conform to public agency conditions of approval(if not, return plans without further review). B. Verify requirements of Public Agency(title block,scale,etc.) C. Horizontal and vertical alignment conform to public agency geometric design standards(sight distance, minimum centerline radii,minimum and maximum street grades,vertical curve lengths, intersecting street offsets, intersecting street angles, length of tangent between reverse curves,superelevation requirements,etc.) D. All sheets are signed and properly sealed by the responsible engineer in charge. E. All sheets are prepared in ink on sheets of standard size,as determined by the agency. ATTACHMENT "A" ILMI Section 3 F. All sheets are numbered consecutively,"Sheet of,"etc. in the lower right corner. Project G. All plans are drawn to Agency scale, or other approved scales.Graphic scale shall Management be placed in all sheets. H. All lettering to 1/10"at the minimum. I. North arrows should point to top or right of sheet, if possible. J. All stationing shall refer to centerline of street unless otherwise noted,shall increase left to right,and run upstation from south to north or west to east. No negative stationing allowed. 1. Stationing has preference over north arrow. 2. All streets have continuous stationing and shall be consistent with,or continue,prior(existing)street stationing,if applicable. 3. Public Agency project number shown in lower right hand corner of all sheets. K. Construction notes shall be designated by circles. L Curve data shall be designated by hexagons. M. Construction removals shall be designated by squares. N. Plan revision indicated by triangle with cloud around revision. M Title Sheet Requirements: A. Project location on vicinity map. B. Index map showing the following: 1. Street configuration within project limits. 2. Lot configurations. 3. Tract boundary. 4. Street names/street signs. 5. Index of sheets. 6. City limit lines, if contiguous to tract. 7. North arrow. 8. Scale. 9. Street lights,if requested. 10. Sewer, water and storm drain improvements(existing and proposed),if requested. C. Basis of bearings. D. Benchmark-O.C.S.City BM description,date(year of adjustment),and full elevation to three decimal places. E. Engineering firm name,address,telephone number,date plans prepared,seal, signature, registration number and expiration date of responsible engineer registered by the State of California. F. Soils engineer firm name,address,telephone. G. Archeologist/Paleontologist firm name,address and telephone number, if appli cable. H. Public agency name,address telephone number and contact name. I. Developer/owner name,address and telephone number. J. Title block containing tract number and tentative tract number, if applicable; otherwise,give street name and limits of improvements. K. Water district approval,if applicable. L Sewer district approval,if applicable. M. Fire marshal approval, if applicable. N. Other agency approvals as may be requested. 0. Utility company contracts and phone numbers. P. Revision Block. ATTACHMENT "A" Section 3 Q. General notes. Project R. Separate individual sheet index listing all sheet descriptions. Management S. Underground Service Alert(USA)statement. lb Detail Sheet Requirements A. Typical sections showing: 1. All geometric dimensions. 2. Existing pavement to be joined or removed. 3. Level line from centerline crown to top of curb with vertical dimension. Crossfall rates shall also be shown. 4. Structural section to be determined in accordance with public agency Standards. However,figures should be omitted until recommendation in the soils report has been accepted. 5. Parkway and sidewalk widths in accordance with public agency Standards. 6. Rough grading lines, if applicable. B. Listing of construction notes. C. Construction details not included in standard drawings. D. Street intersection details at Agency scale, or other approved scales. Showing foot design elevations at a grid at on center with contours. E. Street name sign schedule, if applicable. F. Summary of quantities. G. Miscellaneous details as needed to delineate construction. Quality Control Methods HFI's Companywide Quality Assurance Plan is closely monitored and includes the following elements: • A Project Director and/or Principal of the firm responsible for Quality Assurance/ Quality Control(QA/QC). • A thorough evaluation of the project's scope of work prior to commencing technical work to establish a work plan,thus eliminating any"surprises"during the course of the contract. • Meeting with City staff at scheduled intervals to review the status of the projects and address issues identified in the survey process. • Frequent technical review sessions with principals to evaluate the quality of the work products. • Utilizing current software to prepare work products and map out the work Flow for timely completion of services. • Utilizing an in-house computer cost control system providing project team members with weekly updates on the status of percent complete and labor costs and expenses. Please see the following Quality Control Flowchart for checklist details. i EXHIBIT A-1 i AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES THIS AGREEMENT is made and entered into this day of , 2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and HALL & FOREMAN, INC. ("Consultant"). WITNESSETH : A. WHEREAS, City proposes to have Consultant perform the on-call plan review services described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Contractor shall furnish on-call plan review services to City in accordance with Attachment A, attached and incorporated herein. It is agreed that Consultant shall accomplish all plan reviews in accordance with standards of the City and shall turnaround plan reviews in three weeks after receipt of all checking material for standard plan reviews and two weeks for expeditious plan reviews as defined in Resolution No. 2006-149. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; 1 EXHIBIT A-1 occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assi nom. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that as the City's on-call Plan review consultant, Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such services in accordance with the provisions of Resolution of the Mayor and Common Council No. 2006-149. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation 2 EXHIBIT A-1 shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Managing Engineer for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Managing Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Managing Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending one year after the Effective Date, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. After successful completion of the first year, an administrative extension of one additional year may be authorized, subject to agreement of both parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by 3 EXHIBIT A-1 the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 4 EXHIBIT A-1 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Managing Engineer to work directly with Consultant in the performance of this Agreement. 5 EXHIBIT A-1 Consultant shall designate a Contract Inspector(s) who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Mr. Don Bierman, P.E. Valerie C. Ross Hall & Foreman, Inc. Director of Development Services 9130 Anaheim Place, Suite 120 300 North "D" Street Rancho Cucamonga, CA 91730 San Bernardino, CA 92418 Fax: (909) 919-7800 Fax: 909-384-5080 Tel: (909) 919-7801 Tel: 909-384-5357 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6 EXHIBIT A-1 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including,but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification 7 EXHIBIT A-1 and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 8 { f i EXHIBIT A-1 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any 'r party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be x construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the t provisions of this Agreement. /// 9 EXHIBIT A-1 AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, HALL & FOREMAN, INC. A Municipal Corporation, Consultant By Patrick J. Morris, Mayor ignature Joe V�t Name and Title Approved as to form: James F. Penman, City Attorney By 10 Jul J I vv fv.-•is i n�.� i vi�uvn., n•v. p• ATTACHMENT "A" June 19,2006 Mr.Michael Grubbs,P.E. Engineering Manager/Field Engineer City of San Bernardino 300 North"D"Street 3rd Floor San Bernardino,CA 92418 Subject: Public Works Plan Review Services Dear Mr.Grubbs: Hall&Foreman,Inc. (HFI)understands that the key to provicing the City of Sar,Bernardino with successful projects is a dedicated team experienced in plan review projects;who can perform the necessary street improvement, sewer,storm drain,grading,hydrology/hydraulic reports,structural calculations, tract and parcel maps, right-of- way and easement,traffic signal and study plan review services; ar,d who nas the City and community foremost in their plan. HFI's team is the key to successful completion of these important projects. The Daily Point of Contact for City of San Bernardino's projects is: Don Bierman, P.E.,Project Director 9130 Anaheim Place,Suite 120 Phone:(909)919-7800 ext.834,Fax:(909)919-7801 E-mail:dbierman Wnc.com HFI would like to draw the City of San Bernardino's attention to these key benefits: ■ Proven Plan Review Services Project Success HF1-,,s familiar with City of San Bernardino plan review services and knows the standards, policies,and procedures involved. HFI's staff is currently providing plan review services for the cities of Tustin,Brea, Diamond Bar,Yucaipa,Temecula,and Murrieta;the Los Angeles County Department of Public Works (LADPW);and County of Orange.HFI's long-term working relationship with these and other public agencies and the firm's level of contract renewals provers that HFI knows how to get the job done successfully. ■ The City of San Bernardino Can Rely on HFI's Project Manager Expertise HFI's assigned Project Manager,Don Bierman,P.E., has over 3S years of civil engiree-ing experience in the management,engineering,and design of street improvement projects,storm drain, site development, commercial, industrial, residential,and public works projects. He recently managed and designed projects for the Cities of Ontario, Upland,and La Canada Flintridge and has plan check experience with the Cities of Riaito,Corona, and San Bernardino County. Mr Bierman will manage and be responsible for the team's plan check review services.Mr. Bierman will also meet with County staff,as needed,to discuss project progress. ■ Established Quality Assurance/Quality Control(QAIQC)Program HFI has a proven in-house QAJQC Program,which addresses the stages of formal reviews.HFI's philosophy and culture is focused on Senior Management involvement and Client satisfaction.HF1 looks at each assignment as a partnering arrangement with the Clients and the other agencies/municipalities involved. HFI will provide a written outline of the QA;QC measures customized for the City of San Bernardino, if they so choose.The fact that 80%of HFI's works repeat business should speak for the QA/QC Program Management; however,the City of San Berna-dino is encouraged to contact the references provided regarding past project experience and performance. Q6130-000 'Jul ^. "" '"'`." ��, � ��TT^�,~��^_���^`T ^� HF1wiUnot be utilizing the services of asutconsuktant to perform the plan review services.HR's proposal dated June 19, 2U06shall remain valid for aperiod of not less than 90 days. HFI has received and acknowledges t�ieCity of San Bernardino's Addendum No. I dated May 8, 2006,Addenclurn No. 2 dated May 22, 2CO6,and concurs with Addendum No. J dated June 12,2DQ6' Choosing HFX for this project will satisfy the City with a Project Manager and consultant team that understands on-call plan review and puts the City foremost i n their plan.HF1 appreciates this opportunity to be of service to the City of San Bernardino.If City staff has any questions, please do not hesitate to call me directly at 1909) 919-7834. Sincerely; Hall&Foreman,Inc. Don Bierman,P'E. Project Director ATTACHMENT "'A"' Section • • Project Collectively,HFI's Plan Check Review Team has over 350 «,� �,� years of experience i ° �;IiR0 working on plans Project Manager Principal in Charge Don Bierman, P.E. )on E. Gowgeor:, l'-I Quality Assurance/ Quality Control Lead Plan Checker Vivian Chen, E.LT. Street, Sewer, precise/Rough H drolo & Storm Drains Y 9Y/ Retaining Wall/ Gerald Hofmaister, P.E. Grading Hydraulic Reports Structural Vivian Chen, E.LT. Pavel Horn, P.E. Robbie Mahmood, P.E. Robbie Mahmood, 1'.0 Rolando Maling Rita Escobar, E.LT. Vivian Chen, E.LT. Harold Garcelon, P.C. Tract/Parcel Maps Right of Way/ William Hoff, P.L.S. Easements Traffic Signal/ Rolando Maling Mike Navarro, P.L.S. Studies Andy Powell Cindy Shambeck, L.S.I.T. Harold Garcelon, P.E. Silvia Scintee Mark Monroe, P.L.S. Juan Vargas William Hoff, P.L.S. UP07Kill & Foreman_ lnc_ ATTACHMENT "A" Section 3 Project Approach Project It is HFI's plan to assign a single individual Lead Plan Checker to work with the City and Management coordinate reviews between various City departments and HFI project team members. This individual will maintain HFI's submittal log record, inspection report log,and daily reports and along with other team members,will be available to meet with Developers and their Engineers to discuss and resolve design issues.This individual will also coordi- nate with City staff to obtain project guidelines and requirements such as current Condi- tions of Approval for private development project(s)assigned to HFI's project team.HFI's Project Manager and other team members will be made available to provide expedited reviews upon request from the City. It is HFI's goal to provide the requested Plan Checking Services to meet the City's needs. With HFI's team of qualified engineers available to the City, HFI's goal will be to complete all first check reviews within a maximum two-week turnaround time period. Depending on the complexity and number of comments from earlier reviews,a one-week review turn- around goal will be established for all additional reviews. Internal • Proc ess involves In addition to reviewing improvement and development plan submittals,at the City's oversight from a request, HFI's services can include review of tentative maps for compliance with applicable Project Direct• development and City/County standards and acceptable engineering practices,the review whose speciality of development site plans,flood control design reviews,WQMP/SUSMP/SWPPP reviews, relates to the type of the review of public infrastructure improvement plans,and constructability reviews of final plans being reviewed traffic, PS&E construction documents. street, sewer, etc.) Scope of Services HFI will plan check the engineers'submittal including studies,reports, maps,survey closures,title reports,legal documentations,geotechnical reports,traffic studies, EIR's, EIS's,water quality management plans, rough grading and precise grading, utility,water and sewer plans,storm drain plans, hydrology and hydraulics reports, retaining wall designs,calculations,and public improvement plans. Each project is reviewed initially for compliance with applicable jurisdictional standards and requirements such as ADA,Fire Authority,sewer and water purveyor,State or County roadways,Corps of Engineers, Department of Fish and Game,etc. It is HFI's goal to have the plans ready for approval by the third check.To accomplish this, HFI encourages the Engineer to meet with the Plan Checker during the initial submittal to review the submittal for completeness and to gather information from each other to understand the nuances of the project and to eliminate misunderstandings.In working together with the engineer, HFI has minimized delays in the approval process. HFI will set up a logging system to keep track of the quantity and type of plans that have been reviewed in house.The logging system records the date when the plans are received and the date when the plans are submitted back to the City. HFI will also create corre- spondence letters for each review and document major issues that appear as redlines on the plans. HFI's logging system allows the firm to answer any questions regarding status and comments on the plans immediately.It is readily available within HFI's computer system. HFI will be able to respond to any issue regarding the plan check promptly and accurately. Detailed explanations of various City,County,and State requirements will be provided with each plan check review. ■ . 1 IN ATTACHMENT "A" Section 3 HFI's approach to providing City requested plan-checking services involves the following Project procedures and methodology: Management ■ Screen check first submittal for compliance to City/County and project submittal requirements and any Conditions of Approval for the project. • Communicate with the City representative and/or the Designer regarding any deficiencies or missing documentation. • Complete first check review and prepare written plan check comments along with providing redlined plans or reports. • Maintain the City's interest in terms of safety, potential liability, operation, maintenance and durability of the proposed improvements. • Keep up-to-date with the City/County Codes,Standards,and Procedures. • Maintain up-to-date Plan Check records of correspondence and project documents • As part of our review efforts,a Quality Control review will be conducted to avoid unneeded and unnecessary minor comments and engineering opinions. HFI's reviews will include grading(mass,rough,and precise),parking lot layout,striping, signing,drainage,water and sewer plans,vehicle site access and circulation,ADA access, structure review(for miscellaneous retaining and screen walls,fences, and other minor drainage structures),and right-of-way/easement documents. Review of public improve- ments to public streets, local drainage and major Flood control facilities,and bonding estimates will also be conducted. Additional services provided by HFI to our municipal clients include review of Final Maps, easements, and lot line adjustments.These services are provided by senior staff familiar with the City's requirements. At the request of the City, HFI will provide resources to support the City's review of Development Applications including Tentative Tract Parcel Maps and Site Plans for compliance with the County's planning and building codes and ordinances with regards to grading, public improvements, and water quality requirements. HFI will meet with City staff to evaluate and review the submittal for completeness. HFI will prepare comments to be included in the Staff Report to the Planning Commission. A sample General Plan Preparation Check List created by HFI and used as a guide for providing plan check services is provided in the on the following pages. General Plan Review Preparation Checklist L General Plan Requirements A. Plans conform to public agency conditions of approval(if not, return plans without further review). B. Verify requirements of Public Agency(title block,scale,etc.) C. Horizontal and vertical alignment conform to public agency geometric design standards(sight distance, minimum centerline radii,minimum and maximum street grades,vertical curve lengths, intersecting street offsets, intersecting street angles, length of tangent between reverse curves, superelevation requirements,etc.) D. All sheets are signed and properly sealed by the responsible engineer in charge. E. All sheets are prepared in ink on sheets of standard size, as determined by the agency. ATTACHMENT "A" Section 3 F. All sheets are numbered consecutively,"Sheet of,"etc. in the lower right corner. Project G. All plans are drawn to Agency scale, or other approved scales. Graphic scale shall Management be placed in all sheets. H. All lettering to 1/10"at the minimum. I. North arrows should point to top or right of sheet, if possible. J. All stationing shall refer to centerline of street unless otherwise noted,shall increase left to right,and run upstation from south to north or west to east. No negative stationing allowed. 1. Stationing has preference over north arrow. 2. All streets have continuous stationing and shall be consistent with, or continue, prior(existing)street stationing, if applicable. 3. Public Agency project number shown in lower right hand corner of all sheets. K. Construction notes shall be designated by circles. L Curve data shall be designated by hexagons. M. Construction removals shall be designated by squares. N. Plan revision indicated by triangle with cloud around revision. IL Title Sheet Requirements: A. Project location on vicinity map. B. Index map showing the following: 1. Street configuration within project limits. 2. Lot configurations. 3. Tract boundary. 4. Street names/street signs. 5. Index of sheets. 6. City limit lines, if contiguous to tract. 7. North arrow. 8. Scale. 9. Street lights,if requested. 10. Sewer, water and storm drain improvements(existing and proposed),if requested. C. Basis of bearings. D. Benchmark-O.C.S.City BM description,date(year of adjustment),and full elevation to three decimal places. E. Engineering firm name, address,telephone number,date plans prepared, seal, signature,registration number and expiration date of responsible engineer registered by the State of California. F. Soils engineer firm name,address,telephone. G. Archeologist/Paleontologist firm name,address and telephone number, if appli cable. H. Public agency name,address telephone number and contact name. I. Developer/owner name,address and telephone number. J. Title block containing tract number and tentative tract number,if applicable; otherwise,give street name and limits of improvements. K. Water district approval,if applicable. L Sewer district approval, if applicable. M. Fire marshal approval, if applicable. N. Other agency approvals as may be requested. 0. Utility company contracts and phone numbers. P. Revision Block. ATTACHMENT "A" Section 3 Q. General notes. Project R. Separate individual sheet index listing all sheet descriptions. Management S. Underground Service Alert(USA)statement. Its Detail Sheet Requirements A. Typical sections showing: 1. All geometric dimensions. 2. Existing pavement to be joined or removed. 3. Level line from centerline crown to top of curb with vertical dimension. Crossfall rates shall also be shown. 4. Structural section to be determined in accordance with public agency Standards. However,figures should be omitted until recommendation in the soils report has been accepted. 5. Parkway and sidewalk widths in accordance with public agency Standards. 6. Rough grading lines, if applicable. B. Listing of construction notes. C. Construction details not included in standard drawings. D. Street intersection details at Agency scale, or other approved scales. Showing foot design elevations at a grid at on center with contours. E. Street name sign schedule, if applicable. F. Summary of quantities. G. Miscellaneous details as needed to delineate construction. Quality Control Methods HFI's Companywide Quality Assurance Plan is closely monitored and includes the following elements: • A Project Director and/or Principal of the firm responsible for Quality Assurance/ Quality Control(QA/QC). • A thorough evaluation of the project's scope of work prior to commencing technical work to establish a work plan,thus eliminating any"surprises"during the course of the contract. • Meeting with City staff at scheduled intervals to review the status of the projects and address issues identified in the survey process. • Frequent technical review sessions with principals to evaluate the quality of the work products. • Utilizing current software to prepare work products and map out the work flow for timely completion of services. • Utilizing an in-house computer cost control system providing project team members with weekly updates on the status of percent complete and labor costs and expenses. Please see the following Quality Control Flowchart for checklist details. EXHIBIT A-2 AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES THIS AGREEMENT is made and entered into this day of , 2006 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and AEI-CASC Engineering, Inc. d.b.a. AEI-CASC Consulting ("Consultant"). WITNESSETH : A. WHEREAS, City proposes to have Consultant perform the on-call plan review services described herein below; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for specific services in connection with the project described below (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and D. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Contractor shall furnish on-call plan review services to City in accordance with Attachment A, attached and incorporated herein. It is agreed that Consultant shall accomplish all plan reviews in accordance with standards of the City and shall turnaround plan reviews in three weeks after receipt of all checking material for standard plan reviews and two weeks for expeditious plan reviews as defined in Resolution No. 2006-149. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; 1 EXHIBIT A-2 occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assi ng ment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that as the City's on-call Plan review consultant, Consultant shall maintain fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Contractor shall be paid for such services in accordance with the provisions of Resolution of the Mayor and Common Council No. 2006-149. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Response unless the City or its Managing Engineer for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation 2 EXHIBIT A-2 shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Managing Engineer for approval on a progress basis, but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Managing Engineer for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the Managing Engineer. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of one (1) year, ending one year after the Effective Date, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. After successful completion of the first year, an administrative extension of one additional year may be authorized, subject to agreement of both parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by 3 EXHIBIT A-2 the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 4 EXHIBIT A-2 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are addition- al insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty (30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Development Services or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Managing Engineer to work directly with Consultant in the performance of this Agreement. 5 EXHIBIT A-2 Consultant shall designate a Contract Inspector(s) who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant or its Contract Inspector(s) shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Mr. Ceazar V. Aguilar, P.E., Valerie C. Ross AEI-CASC Consulting Director of Development Services 937 S. Via Lata, Suite 500 300 North"D" Street Colton, CA 92324 San Bernardino, CA 92418 Fax: (909) 783-0101 Fax: 909-384-5080 Tel: (909) 783-0108 Tel: 909-384-5357 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as "attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6 EXHIBIT A-2 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subcontractors in the performance of this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at his expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification 7 EXHIBIT A-2 and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and any of the attached Exhibits or Attachments, the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 8 EXHIBIT A-2 6.2 1. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party is materially impaired, which determination as made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so, the parties hereto are formally bound to the provisions of this Agreement. 9 EXHIBIT A-2 AGREEMENT FOR ON-CALL PLAN REVIEW SERVICES IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. AEI-CASC ENGINEERING, INC. CITY OF SAN BERNARDINO, d.b.a. AEI-CASC CONSULTING, A Municipal Corporation, Consultant By Patrick J. Morris, Mayor Signatute Y Name and Tit Approved as to form: James F. Penman, City Attorney By 10 ATTACHMENT "A" A E C A S C C O N S U LT I N G June 26, 2006 City of San Bernardino Development Services Department Michael Grubbs, Engineering Manager/Field Engineer 300 North "D" Street San Bernardino, CA 92418 RE: PROPOSAL TO PROVIDE PUBLIC WORKS PLAN REVIEW SERVICES Dear Mr. Grubbs, AEI-CASC Engineering, Inc. (dba AEI-CASC Consulting) appreciates the opportunity to submit our qualifications to the City of San Bernardino. This Statement of Qualifications identifies a team that is available to attend to a wide variety of Public Works Plan Review Services. The assembled team can perform all of the revised services with the exception of specialized structural design calculations. As the Project Manager and lead contact, Mr. Hosford will perform and oversee the as-needed plan review services. He has over twenty years of experience including plan checking in the City of Redlands, design of large development projects, and being in responsible charge of nearly forty street improvement projects in Southern California, including several roadway rehabilitation projects in San Bernardino. The AEI-CASC Engineering Team offers the City of San Bernardino: ➢ Experience - The Core Project Team Members have direct related experience in providing Plan Checking Services to Public Agencies. ➢ Proximity - The Services will be performed from the Colton Office, located 5.22 miles from City Hall, allowing for quick responses and easy deliveries. ➢ Availability - Currently Ranked as the Sixth largest Engineering Firm in the Inland Empire, and with a total of 8 Registered Civil Engineers and 35 Technical Staff, AEI-CASC is fully capable to meet the City's turn-around requirements. ➢ Full Service - With the Review of Street, Storm Drain, Sewer, Rough and Precise Grading Plans, Hydrology/Hydraulic Reports, Retaining Wall calculations, and Tract & Parcel Map and Right of Way and Easement Documents performed in this office and the Traffic Signal and Traffic Studies performed by our Sub Consultant Transportation & Energy Solutions, we offer the City all of the Review services with the exception of Structural Design Calculations. ➢ Efficiency - Using proven review and check procedures, while striking a balance between understanding codes and agency standards and utilizing engineering design knowledge, AEI-CASC provides effective and efficient service. ➢ Commitment - The firm's Principals are committed to provide the necessary personnel and financial resources to successfully deliver the Services in a timely manner. CIVIL ENGINEERING PLANNING SURVEYINC ENVIRONMENTAL ENGINEERING 937 S. VIA LATA, SUITE 500 • COLTON CA 92324 • 909.783.0101 • 909.783.0108 FAX www.aei-casc.com i ATTACHMENT "A" We have received three addenda to the original Request for Proposal dated April 6, 2006 and this proposal shall remain valid for a period not less than 90 days from the date of the submittal. Please review our attached Qualifications. It briefly summarizes our methodology, outlines our understanding of the necessary work, and provides an overview of our key personnel. Upon your finding our qualifications suitable to the city's needs, we will gladly discuss logistical, scheduling, and various service oriented details with you. We are confident that you will find our project team to be very capable of performing a variety of work for the City of San Bernardino and AEI-CASC looks forward to working with you and maintaining a long lasting mutually beneficial and professional relationship. Sincerely, AEI-CASC CONSULTING Ceazar V. Aguilar, P.E. Principal-in-Charge AEI ' CASC ATTACHMENT "A" ' PROPOSAL FOR PUBLIC WORKS PLAN REVIEW C O N S U L T I N G CITY OF SAN BERNARDINO AEI-CASC COMPANY OVERVIEW Established in 1993 to provide professional engineering, surveying, and technical support to public and private enterprises, AEI-CASC Consulting has grown from a staff of four to a current level of over one hundred and eighty employees. Since 1998, AEI-CASC has been ranked in the top three Inland Empire civil engineering firms (based on local area gross revenues by the Inland Empire's Business Press). AEI-CASC's principals formed the corporation in response to California's changing business climate, which demands a combination of large company technology and small company service. As part of that dedication to service, the principals take an active role in working closely with clients and staff to offer the experience and technical capabilities of a large-sized firm with the up-close and personal service customary with smaller firms. Another attribution of AEI-CASC 's success is in providing a broad spectrum of civil engineering services ranging from feasibility studies, to final engineering reports and drawings, to construction management and surveying with the ability to service projects of all sizes and complexities in a competent, timely, and cost-effective manner. SERVICES AEI-CASC provides consulting services to public agencies for the design of drainage, water, and sewer facilities including surveying and construction management. In addition to Public Works, AEI-CASC's Land Use and Planning Department and Private Engineering Department exchange staff members to provide the client with the most experienced team and to expand the staff knowledge base. The combination of personnel from all departments creates a pool of experience and knowledge that has proven successful with our clients. We know that there are many firms capable of providing adequate engineering services. However, for the following reasons, we believe that we are uniquely qualified to provide these services with an exceptional level of quality and service beyond that of our competitors: • Experience - AEI-CASC's four principals and key staff members have worked for some of Southern California's largest consulting firms and have accumulated a significant amount of combined civil engineering and land surveying experience since 1970. The experience of the firm, combined with the experience of the team members on projects with different engineering elements and agencies, is extensive. • Service - We have built our firm around providing excellent service to all of our clients. While most consulting firms were downsizing their operations in the 1990's, we built ours up from a staff of four in 1993 to our current staff of over one hundred and fifty employees. As you know, in the engineering environment, over 80% of a company's work derives from repeat clients. AEI-CASC will work hard to provide quality service that assures a long lasting and mutually beneficial professional relationship. • Resources - In approaching a project, AEI-CASC draws upon the many talents of its versatile staff. The knowledge and experience from unassigned staff, ranging from the surveying to the planning department are considered a valuable asset. TRANSPORTATION AND ENERGY SOLUTIONS, INC. OVERVIEW Transportation & Energy Solutions, Inc. (TES) has been providing transportation engineering and planning consulting services to public and private clients since forming in October 2001. The founding members, Glen Pedersen, P.E., and Nathaniel Behura, M.S., M.B.A. and have been active in the fields of transportation engineering and planning, Intelligent Transportation Systems, and energy efficient transportation solutions for over 16 years each. As a small firm, TES offers their clients exceptional quality by committing a high level of involvement by one or both principals on all projects. TES' low overhead enables them to offer these services at competitive prices. In addition, TES is a registered DBE and small business enterprise (SBE). Glen Pedersen will be the TES task manager for all traffic related activities. Work on this project by TES will be conducted primarily from our La Habra Heights office located at: 441 Skyline Drive La Habra Heights, CA 90631 (562) 691-6635 ATTACHMENT "A" ORGANIZATIONAL CHART AE1 `rCASC C O N S L L T I N G San Bernar 'ino Ceazar Aguilar, P.E. Principal-in-Charge Steve . . Project Manager Project Engineers Ruel Ituralde, P.E. • Street Improvements • Rough Grading • Retaining Wall Matt Bennett, P.E. • Precise Grading Samuel Cruz, P.E. • Sewer Improvements Aric Torreyson, P.E. • Storm Drain Improvements • Hydrology/Hydraulic Reports Bill Addington, P.E.,L.S. • Tracts and Parcel Maps • R/W & Easement Docs Glen Pederson, P.E. • Traffic Signal Plans • Traffic Studies AEIAr', CA S C ATTACHMENT "A" PROPOSAL FOR PUBLIC WORKS PLAN REVIEW C O N S U L T I N G CITY OF SAN BERNARDINO PROJECT TEAM OVERVIEW Ceazar Aguilar, P.E. - Principal-in-Charge is charged with ensuring that the resources and support are available and fully adequate to successfully complete the necessary assignments, tasks, and projects. As one of the firm's partners, Mr. Aguilar takes a personal interest in making certain that the services provided to the City of San Bernardino maximizes the economy and the efficiency of the assignment. Mr. Aguilar's engineering career began as a plan checker for Riverside County Flood Control District and will provide a supporting role in overseeing the review of Hydrology: Hydraulic Reports. Steve J. Hosford, P.E., Project Manager - Serves as the City's main day-to-day contact for Plan Checking and other Support Services. Mr. Hosford is currently providing plan checking support to the City of Redlands and has been in responsible charge of over forty roadway improvement design projects in Southern California, including several projects in San Bernardino. For general support and for review of specialized services, Mr. Hosford will rely on the talent of AEI-CASC Engineering team members listed below. Ruel Ituralde, P.E., as Project Engineer, will provide and oversee the plan check review of Street Improvements & Grading Plans along with calculations for Retaining Walls. Mr. Ituralde has more than 23 years of civil engineering design and project management experience including Plan Checking at the City of Industry. Ruel will be supported by a designated staff design engineer. Matt Bennett, P.E., as Project Engineer, Matt will provide plan check support for grading plans and precise grading plans. The task of reviewing grading plans will be shared between Mr. Ituralde and Mr. Bennett. Matt's in depth experience in providing residential development plan design has made him especially well qualified for this task. Mr. Bennett will be supported by a designated staff design engineer. Mr. Samuel Cruz, Sewer Plan Checker - With approximately 25 years of design experience focusing on water and sewer design for residential development, Mr. Cruz will provide plan checking for all sewer plans. Mr. Cruz has been under contract with the Eastern Municipal Water District to provide plan checking services. Though a citizen of the United States, Mr. Cruz holds a Civil Engineering degree and license in the Philippines. Sam will be supported by a qualified and available staff design engineer. Bill Addington, P.E. & L.S. Mapping Review - under the direction of Steve Hosford, Mr. Addington will review Tract Maps, Lot line Adjustments, Legal Descriptions and Plats, and other survey related reviews for compliance with Subdivision Map Act and the City's standards. Mr. Addington is currently providing as needed review at the City of Redlands. Assisting Mr. Addington will be Mr. James Wilson, L.S.I.T. Mr. Wilson has over six years of experience in mapping, calculations, and design. James will be available to make sure the commitments to the city are met. Aric Torreyson, P.E. Drainage - Is available to provide drainage report review and storm drain plan check for the City of San Bernardino. In his five years at AEI-CASC Engineering, he has been in responsible charge of several Storm Drain Design projects in the Inland Empire. In his six years at AEI-CASC Consulting, he has been in responsible charge of several storm drain design projects in the Inland Empire. Mr. Torreyson will be supported by Ceazar Aguilar to assure the reviews are thorough and complete, and will be assisted by Mr. Daniel DeMaio, senior designer, in performing drainage report review. Mr. DeMaio has over 15 years of experience and is currently providing Plan Checking assistance for the City of Redlands. Mr. Glen Pedersen, P.E., Traffic Engineering Review Support - Vice President of Transportation & Energy Solutions (DBE), provides the engineering and design of Traffic Control Plans and other required traffic related plans. Review of traffic signal plans and traffic studies. Mr. Pederson has seventeen years of engineering experience, solely in the traffic and transportation field. Assisting Mr. Pederson is Mr. Chad Martinell, E.I.T., design engineer with four years experience in traffic engineering. A E I �' C A S C ATTACHMENT "A" PROPOSAL FOR PUBLIC WORKS PLAN REVIEW C O N S U L T I N G CITY OF SAN BERNARDINO AEI-CASC WORK PLAN STAFF AVAILABILITY & ALLOCATION For the sake of providing the City of San Bernardino with evidence that AEI-CASC Engineering has the staff and the availability to perform the plan reviews in the timely manner stated in the RFP, an approximate breakdown of review services and the contract annual total hours have been estimated. • Based on similar experience and with a basic understanding of the size and needs of the City, an estimate of approximately 2000 hours a year of Plan Review Services may be needed to fulfill the City's obligations. • Also, the proportional breakdown of each specific review function has been estimated to demand the overall percentage of time as shown. ■Street Improvement Plans I ®Sewer Improvement Plans i 1 ❑Storm Drain Improvement Plans &Hydrology/Hydraulic Reports S% ❑Rough and Presice Grading Plans ❑Retaining Wall i 20% i ■Tract&Parcell Maps&Right of 30% Way and easement documents I ■Traffic Signal Plans&Traffic Studies From the assigned duties as mentioned in the Project Team Overview, the approximate percentage of Checking time, including Project Management is shown in the table below including the individual estimated percentage of time allocated to other assignments. rEngineer �Cert.CA Project Principal Project Project Design Project Designer Project Designer Project Design License Manager Engineer Engineer Engine Engineer Engineer L.S.I.T. Engineer Engineer Engineer P.E. P.E. P.E. P.E. L.S.&P.E. P.E. P.E. E.I.T. Assignments Project Principal Street& Precise Streets, Mapping&Easements Drainage Plans& Traffic Engineering Manager In Grading Grading Plans Grading, Reports Charge Retaining Plans Sewers Drainage Walls Support Reports Other 75% 75% 75% 80% 85% 75% 75% 85% 80% 80% 85% 85% Commitments San 14% 50/0 180/0 110/0 3% 200/6 80/0 5% 6% 7% 2% 2% Bernardino Percent Allocated Remaining 11% 1 20% 1 7% 1 9% 1 12% 5% 14% 13% 1 13% 13% Availability As the table above indicates, the estimated percentage of time needed for this assignment, for example, 14% for Steve, and 18% for Ruel, result in each project team member not overextending their overall commitments. Also, to assure there is availability with the support of Street, Grading, and Sewer Plan Review, more than one Design Engineer may be assigned. ATTACHMENT "A AE I rC AS C " PROPOSAL FOR PUBLIC WORKS PLAN REVIEW C O N S U L T I N G CITY OF SAN BERNARDINO PLAN REVIEW APPROACH The following is the step-by-step process to be used for Plan Review: 1. Plans Ready to Review ■ Information provided by the City - The City provides Plans, the Conditions of Approval, the Cost Estimate and Review Budget, and back-up information such as site photographs, plans of adjacent improvements, and conceptual grading plans. • Cursory Review - Before accepting the plans, a brief review is performed at the City to make sure the plans are at a quality level ready for review. It is recommended that criteria concerning the readiness for review are established by AEI-CASC and the accepted by the City at the beginning of this contract. Plans deemed not ready for review are rejected. 2. Quality Control Measures • Approach - Plan Check Comments do not include suggesting a more efficient design, or providing solutions to deficiencies, or critiquing another firm's approach. The sole objective of plan checking is to assure that the design meets the City's conditions, design criteria and standards. • Methods - As you know, plan checking is more involved than following a standards design checklist. It requires solid design experience and understanding. A combination of methods is used to assure a quality plan review. • Checklists - The use of standard checklists is an efficient way of conducting the reviews and maintaining a record of the comments for the following reviews. AEI-CASC has developed checklists for reviewing Street, Grading, Sewer, and Storm Drain Plans and if need be is willing to use the City's standard Checklists. • City of San Bernardino Standards & Design Criteria - AEI-CASC will use the City's standards, dated March 16, 2005 contains many Standards Plans and the design criteria and policies and procedures for such elements as Street Lights, Sewers, Storm Drain, Streets, Traffic and Grading. 3. Review Process • Distribution - Initially the plans are distributed to the project Engineer responsible for the specific category of plan for the first review. The engineer is given the deadline for completing the review and for internal purposes, the budget for each set of drawings is provided to the Project Engineer. • Cross Checks - Drawings are crosschecked for conformity and to identify potential conflicts with underground facilities. As an example, items such as Catch Basins on Storm Drain plans and street plans are cross checked and Storm drains laterals and Sewer lines are checked on the profile for adequate clearance. • Retaining Walls - Retaining walls need to meet the criteria in the City's Standard Plans or otherwise require the necessary back-up calculations to be reviewed using a reputable Retaining Wall Design computer program. • Return of Plans - As stated in the RFP, AEI-CASC provides the City with recommended corrections in the form of corrections or comments marked in red on the plans or reports. Typically, a brief narrative in included with Drainage Report reviews and plan reviews include a copy of the hand-marked standard checklist. 4. Multiple Plan Checks • Second and Third Submittals - It is agreed that second and third plan checks should not introduce new correction comments. Complete and thorough first checks are key, as well as maintaining the same plan checking staff through the course of the review process. • Reply to Comments - An efficient plan check requires that the design engineer reply to all comments from previous review submittals. Otherwise, the process may seen to be never-ending. To help assure that plan reviews do not exceed a third submittal, it is suggested that under certain circumstances, plan checks AElAi CA S C ATTACHMENT "A" PROPOSAL FOR PUBLIC WORKS PLAN REVIEW C O N S U L T I N G CITY OF SAN BERNARDINO without complying to previous comments be rejected. • Design Changes - AEI-CASC will notify the City if there is significant design changes that have occurred between plan review submittals. Design Changes will effect the set budget given to reviewing the plans, and it should be agreed that additional compensation is warranted. S. Acceptance • Declaration of Engineer Record - The Engineer of Record is the responsible engineer signing and stamping the plans as the Engineer in Responsible Charge. It must be agreed that this engineer of record assumes full responsibility for the technical adequacy. The duty of plan checker is to ensure the plans comply with the City's policies, procedures, and ordinances. • Recommending Approval - When the plans are acceptable for construction, the AEI-CASC project manager signs and stamps the title sheets recommending approval. Certain documents requiring the signature of a Licensed Land Survey are signed by the Project Team's L.S. 6. Suggestions • Storm Water and Water Quality Review - It is understood that the City is not requesting Plan check services for Water Quality Management Plans (WQMP's), Storm Water Pollution Prevention Plans (SWPPP's), and Erosion and Sediment Control Plans. The project team listed in this proposal is qualified to reviewed Erosion & Sediment Control Plans. AEI-CASC will gladly provide plan check review services for WQMP's and SWPPP's. We currently provide these services to the City of Colton, Highland, Redlands, and Moreno Valley. • Design Changes - Changes made by the design engineer after the first or second review often occur for various reasons. Reviewing plans on subsequent plan checks with major changes will significantly impact the set budget. It is suggested that there be a mechanism for collecting additional plan check fees for design changes. • Structural Engineering - As a reminder, the city would be better served if the review of Structural Design Calculations, other than Retaining Walls is preformed by a firm specializing in structural design. 7. AEI-CASC OFFICE LOCALITY Our office is located five miles from San Bernardino's City Hall. With a travel time of approximately 8 minutes, the delivery of drawings will be quick, and scheduling meetings can be relatively spontaneous. W 11th St y Ilan SI ¢ '�W 10.h St E 1*S! C' W ah St E Stn St ti a Ave '�a :t 'Pi 8th St I W Ihh St /th St o .n �+ E 7M St o 7th St Spica St 4•!Stn St s z` z.. W Gth St E&h St Gth St 6th St W Stn Sr� 5th St E rah S Etc I F O R N I A gF 'tn s! coon st +:�s: E 3rd s w Yd.°A E 3rd S st Bernaramo < W K.9 S: E 2nd St 7 . W Rtako A-.* v m n E RWto Ave �Y... ,1 C S ?$aft err 5 A N 'Nano: n H E R N A R U 1 N O 'n Oak St v, A S! y o W Mai St'.' E W S! E Mci St i ;Mnabn St W Coma St Grace Ave E Cent.Ave S W Laurel St ` q 4 arean N Ra c n+nrviaw c' a r 1' ` = W OAr•St c P � San ca W C St [d a v. E ViCtaia Ave Anond 4r C n Colton z c E Rem Cr Gould St Wy SJR N Sr F F Faraay Cr 3 da ly Ln Crxktmn St A L - .d;Dr i E M Sr N Redlands :d RaalrMa 8Nd Reden S P F c 4 Z Park Aye � co„mF � 1 les C wb%Ln C W Rd c,2006 Mk,4*j p%ft4yn 31)20M NA ,S. t0 AND