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_"CITY OF SAN BERNARDINO -
Date:
08-26-97
r ORIGINAL
REQUEST FOR COUNCIL ACTION
File No. 1. 845
Authorization to Execute Agreenent
for Professional Geotechnical &
Soils Testing Services for Orange
Show Road, fron Arrowhead Avenue
to Tippecanoe Avenue, per Plan No.
9142 -- CHJ, INCORPORATED
Subject:
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From:
ROGER G. HARDGRAVE
Dept:
Public \'IorJ:s
Synopsis of Previous Council action:
Authorization granted for City to assune responsibility
for engineering design services, including selection of
consulting engineers.
Resolution No. 92-343 adopted authorizing execution of
an agreenent with Dt1JM for design services.
Resolution No. 95-131 adopted authorizing execution of
an Agreement with McDaniel Engineering.
Resolution No. 96-260 adopted authorizing execution of
Progran SuppleMent No. 84.
Plans approved and authorization granted to advertise
for bids. (Continued on second page)
07-06-92 -
08-17-92
05-01-95
08-19-96
02-17-97
Recommended motion:
Adopt resolution.
AUG 2 7 1997
cc: Fred Hilson
Jin Penraan
Const. Insp.
{lA~
(
Contact person:
Gene R. Klatt
Staff Report, Agreement
iY Rp~()ln+-inn
Phone:
5125
Supporting data attached:
Ward:
1 & 1
FUNDING REQUIREMENTS:
Amount: $60,000 (Street Construction Fund)
Source: (Acct, No,)
242-362-5504-1996
Acct, Descri tion
Arrowhead Avenue to Tippecanoe Avenue
Council Notes:
Res 97- ;( 7~
9 [lNL
75-0262
Agenda Item No,_ S~
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PUBLIC WORKS
File No. 1.845
SYNOPSIS OF PREVIOUS COUNCIL ACTION (Continued)
07-21-97 - Resolution No. 97-219 adopted authorizing execution of
Revision No. One of Program Supplement No. 84.
08-18-97 - Resolution No. 97-250 adopted awarding a contract for
the low bid price of $9,133,734.00.
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('~Itv OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
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STAFF REPORT
The extension of Orange Show Road, from Arrowhead Avenue
to Tippecanoe Avenue, will require certain geotechnical and
materials testing services, in order to ensure cOMpliance with
the plans and specifications. A soils laboratory will need to
provide these services.
Requests for Proposals were accordingly sent to 13 soils
testing laboratories within the area. Proposals were received
from the following firMs:
1. CHJ, Inc.
2. Cal West
3. Converse
4. Lor Technical
These firns were interviewed on 8-20-97, by a panel
comprised of the following Departnent of Public Works personnel:
1. Gene Klatt, Assistant City Engineer
2. Steve Enna, Construction Engineer
3. Rick Aspril, Project Construction Inspector
After carefully reviewing these proposals, the firn of
CIIJ, Inc. was selected as being the best qualified to provide the
needed services at this tine.
The proposed Agreenent provides, in general, that CH,I,
Inc. will perforn the necessary naterials testing for this
project at the unit bid prices. The total estimated fee, based
upon the unit bid prices and the anticipated nunber of tests, is
$60,000.
The total estinated project cost, based upon the actual
low bid price, contained an anount of $226,667 for construction
engineering. This amount will not be sufficien'c to cover the
cost for Resident Engineer services and our Construction Inspec-
tor. However, there was an anount of $1,404,099 for contin-.
gencies which can be used to cover the overrun for construction
engineering services.
All costs incurred will be charged to Account lIo. 242-
362-5504-1996.
We recommend that the Agreenent be approved.
URGEUCY CLAUSE:
The construction contract was awarded at the Council meeting of
8-18-97, and the Contractor has elected to COrlnence work as soon
as possible. It is, therefore, essential to have this Agreement
approved at the Council meeting of 9-02-97.
08-26-97
75-0264
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This AGREEMENT is made and entered into this day
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of , 1997, by and between the CITY
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OF SANBE~ARDINO, Californ~a, a municip~l.cC?rporation, her.einaft.er
referred to as' the . "CITY'" and
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CH.l. Inco!;'1;1or'ilte.d,... a f~lit9rn~a
corporation, hereinafter referred to as "ENGINEER."
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w I T N E SSE T H ~
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. 9 p~oj~ct between Arrowhead ^'A~~. '~nd' Tipp~~~;~;; A~~.'" ",
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WHEREAS, in order to provide necessary inspection and I
'" .. ". "'''12 .t~stiz:g...s.e~i.ces. i.t..i~ .,n~:::~~s~.I?' .' t.o. ,~~;:~~~. .~~e. ...~z::of~s~~~n~.1. L..
services of a qualified geotechnical and soils engineering and
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consulting firm; and
WHEREAS, Engineer is qualified to provide said
professional services; and
WHEREAS, San Bernardino city council has elected to
engage the services of Engineer upon the terms and conditions as
hereinafter set forth.
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of
Services"and as contained in the proposal dated July 29. 1997, a
copy of which is attached hereto as Exhibit "1" and incorporated as
though set forth in full.
2.
TERM OF AGREEMENT
The services of Engineer are to commence immediately after the
City has authorized work to start by issuance of a Notice to
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BXHIBIT'A
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p-L-oce.acf. "The 'sche-duie~i;ork'dat~~ ~,'iii' b~ '-adju~t;;;.i'bY'''Engine~i-a~
"""""'1" < -~,...-.;....... .. "';' .~. .', ..;;......... , -'. - '~, ',- -'.:":"; ,. ..~ ,,' ~.~ ';'" .-, ",-.,.-, I.'" . .,...., .'~ ~.'. .............,..;'". '.' ........- ,-" ,,"~." .'
the city authorizes the work and the project specifications allow
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300 working days for the contractor to complete the work. ,SUch
.adjustments shall ,require city.approval ,p.r.ior to commencement, of,
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5' per.formance of each phase., .,This.,Agreement,shaIL expire .at the"end. f'
II of the construction project unless extended by written agreement i
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of the parties.
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3 . STANDARD OF PERFORMANCE
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I. . Engi~ElElr sha,ll complete all work product and dElsign. in. confor-:- .
. . " . .," 'H 'm~n~e wit~' ~~andar~ ~pe~i~i~a'~ions;~r.~~~~;~~.r~~.c~~~~~~~~;;.'I.
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(Greenbook)
current edition, Caltrans Bridge Design Standards,
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<;:aJ t.r~I)!i.. PJ;:~~~~l!:res. ar;d ,'p'r~pt.ic!,!.s _for.~I!I~t,fi!t.:i.al.s, tes~in.g.,. ..th~ .<;:i ty.
of San Bernardino's Standard
Drawings and the project
specifications No. 9142.
4. CHANGES/EXTRA SERVICES
A. Performance of the work specified in the "Scope of Ser-
vices," is made an obligation of Engineer under this Agreement,
subject to any changes made subsequently upon mutual agreement of
the parties.
All such changes shall be incorporated by written
amendments to this Agreement and include any increase or decrease
in the amount of compensation due Engineer for the change in scope.
Any change which has not been so incorporated shall not be binding
on either party.
B. No extra services shall be rendered by Engineer under
this Agreement unless such extra services are authorized, in
writing, by City prior to performance of such work. Authorized
extra services shall be invoiced based on Engineer'S "Schedule of
Hourly Rates" as included in the DroDosal, a copy of which is
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BXHIBIT'A
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. "'ll'atta~lied, 'hereto,' as 'EXhibit"!'"
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2 set forth in full.
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and'llicorporated llereitf as,.thougn"" ..
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3 5. COMPENSATION
4' I A.The City shall reimburse the Engineer '~o~~~~ual costs
'. .'''.' ..... 51 (i~cludi-n; l~a~~; ;~~~~.., "e~;lo~e~"b~~efi~s'~'~;~~;~~d, -;~~fi~,' ~~~'a~'1
6/ direct and indirect costs) incurred by the Engineer in performance I
...:::~=-=~:~~;;:::;~~::;:'67;::;;;:~A;;;?r"7;;;~;~~~;~r.=
, '" . . '9 the estimated wage rateS and' other 'costs as' 'set 'forth' in: .. the I.
10 proposal, attached hereto and incorporated herein as though set
11 forth in full.
. ... .... '1':1 ... .... B:' ., s~id ~;~p~~s~ti~'~~h~ii ';;~t" b'e- '~it;r~';r~I11~~~ ~'th~;~ "i~"'"
13 significant alteration in the scope, complexity or character of the
14 work to be performed. Any such significant alteration shall be
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agreed upon in writing by City and Engineer before commencement of
performance of such significant alteration by Engineer.
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Any adjustment of the total cost of services will only be
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permitted when the Engineer establishes and City has agreed, in
writing, that there has been, or is to be, a significant change in:
1. Scope, complexity, or character of the services to
be performed;
2.
Conditions under which the work is required to be
performed; and
3. Duration of work if the change from the time period
specified in the Agreement for Completion of the work warrants such
adjustment.
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BXHIBIT'A
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1 '.. .' C~"'The'Enqineer is' requiredtcj'comply 'with'iHl"Federal~'"
2 St3.';e 3.nd Local lalls and ordinances app~icable to the work and
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41 Engineer is required to ,comply with prevailing wage rates in
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51 accordance with California Labor Code Section 1770.
6'1 6.
which are in effect as of the date of the notice to proceed.
The
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PAYME~lT a'i_CIT'(
-~,,,,"...., 7- "M' A. ,-, 'The 'billings' for 'aH' s'ervices' -rend'E!red'pursuant."to thi's'" '
y.' .....-...'.'.,. ....' 8 'Agreemerit:"sh'al1 be' sUbriiittecCiilcll1thlY'by-E'ngIiieer to'city'and-'shafr .~
-- ,.' ..... 91lbe paid by City' ~ithin twenty (20) days . after-' 'receip.t of s~'e, "
101 excepting any amounts disputed by City. Dispute over any invoiced
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amount shall be noticed to the Er.gineer within ten (10) days of
liirr fns" 'and' a" meeE'and' confer 'meeting'for 'purposes . of' rase! utlo~' ;'f'
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13 such dispute shall be initiated by the City within ten (10) days of
14 notice of such dispute. Interest of 1-1/2 percent per month (but
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not exceeding the maximum rate allowable by law) will be payable on
any amounts not in dispute and not paid within thirty (30) days of
the billing date, payment thereafter to be applied first to accrued
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interest and then to the principal unpaid amount.
On disputed
amounts, interest shall accrue from thirty (30) days of the invoice
date if the amount in dispute is resolved in favor of the Engineer.
All tasks as specified in Exhibit "1" shall be completed prior to
final payment.
B.
Section 9-1.10 of the Cal-Trans Standard Specifications
24 is hereby specifically waived and not applicable to this agreement.
25 The parties hereto otherwise agree not to be bound by any other
26 requirements for arbitration of any dispute arising hereunder.
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EXJlIBIT'A
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2,1 failu:o:e of such agree:::cnt, by direct application to t~a Courts.
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C.
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Should litigation be necessary to enforce any term or
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4 provision of this, Ag::.-eement, ,0::'- to collect ,any portion of the
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5 amount payable under this Agreement, then all reasonable litigation
6 and collection expenses, witness' fees, and court costs, and
'7 'attQrney's <fees"'shall"be"paid -to'the'prevailing'party;"""""'"" ,-,'
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SUPERVISIoN AND ACCEPTANCE OF SERVICES
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9 A. "The" Director' of -Public Works"of-'city', orhis"'designee'," '..
10 shall have the right of general supervision over all work performed
11 ~bY Engineer and shall be city's agent with respect tc obtaining
"., . ...-'... ;," .". '-. .""'-'.-~.' ..... .. -:.. .. ...-.,- ,'- ',......;,....."__".~.-.:4-...... ... ....... .. _ _.. . _., .'. .~. .-.'~_ ...~.,. ....'-,.... '... .'.....' ,....". _.....fT...... '..... '. ...~' ,,_....... ...~ '. .
12 Eng~neer's compl~ance hereunder. No payment for any serv~ces
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rendered under this Agreement shall be made without prior approval
of the Director of Public Works or his designee.
B. The Office of the Administrator may review and inspect
the Engineer's activities during the progress of the program.
17 8.
COMPLIANCE WITH CIVIL RIGHTS LAWS
18 Engineer hereby certifies that it will not discriminate
19 against any employee or applicant for employment because of race,
20 color, religion, sex, marital status or national origin. Engineer
21 shall promote affirmative action in its hiring practices and
22 employee policies for minorities and other designated classes in
23 accordance with Federal, State and Local laws. Such action shall
24 include, but not be limited to, the following: recruitment and
25 recruitment advertising, employment, upgrading, and promotion. In
26 addition, Engineer shall not exclude from participation under this
27 Agreement any employee or applicant for employment on the basis of
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BXJlIBIT'A
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.""..1...-- .... ....".... ." .",.'.,' ........ .......~ -..,.' '.."
.... .." _,.11, ags" handicap;.. er..religion...in. compli-ance"wit-h" St.ate..and
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. F-ederal .
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3 9.
TERMINATION OF 'AGREEMENT .
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41>.. . '. This agreement may .beterninated by. either party upon
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5 thirty (30) days' written notice in the event of substantial
8./ fail'lrg of the othc:r party to perform in accoraa:lce with the terns
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. ..of ....th.is..~.A'iJ.reement.
Each,par,ty.shall",'have ..twenty.. (2~) "days'
following date" 'of ". such . 'riot icE! .., Vithiif' 'which"" 'ti:f"'coi:'i'ect' '"the'
. substantial .failure, giving rise to such. notice. ".In' the event <l.f'
10 termination of this Agreement, City shall within thirty (30) days
11 pay Engineer for all the fees, charges and services perfo~ed to
'l2 'ci ty' s sa tis factioh' bY' Eiigineer',"'whicn . flnairig of'" sa Us faction
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13 shall not be unreasonably withheld. Engineer hereby covenants and
14 agrees that upon termination of this Agreement for any reason,
15 Engineer will preserve and make immediately available to City, or
16 its designated representatives, maps, notes, correspondence, or
17 records related to work paid for by the City and required for its
18 timely completion, and to fully cooperate with City so that the
19 work to be accomplished under this Agreement may continue within
20 forty-five (45) days of termination. Any subsequent use of such
21 incomplete documents, other than their originally intended use,
22 shall be at the sole risk of the City, and the City agrees to hold
23 harmless and indemnify Engineer from any claims, losses, costs,
24 including attorney's fees and liability arising out of such use.
25 Engineer shall be compensated for such services in accordance with
26 the proposal.
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BlOlIBIT'A
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. IC' <This ~agreement'-may' be' terminat.'ecCfor'the "convenience'o'f- 'p'"
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611
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the City upon thirty (30) days written notice to Engineer.
Upon
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such notice, Engineer shall provide work product to city, and City
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shall compensate Engineer in'the manner' set forth above.
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C. Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall contin~e
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unYil' ilflobligat'ions 'ai-lsi'ing'''from such 'temlri-il.tlon'a"re ~satis'fie(f;
8 I i'o:' '~CONTINGiNCIES . ....." ,.." ......."~,,""~, :'.::':''':'". _0'_."'''.. n
. 9,' . In the event that,due to causes beyond the cont'rol"of" a'nei' ..
10 I without the fault or negligence of Engineer, Engineer fails to meet
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13 Engineer such extensions of time and make other arrangements or
14 additions, excepting any increase in payment, as may be reasonable
15 under the circumstances. Increases in payment shall be made only
16 under the "changes" provision of this Agreement. Engineer shall
17 notify City within three (3) days in writing when it becomes aware
18 , of any event or circumstance for which it claims or may claim an
19 extension.
20 11. INDEPENDENT CONTRACTOR
21 Engineer shall act as an independent contractor in the perfor-
22 mance of the services provided for under this Agreement. Engineer
23 shall furnish such services in its own manner and in no respect
24 shall it be considered an agent or employee of City.
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12. ASSIGNMENT OR SUBCONTRACTING
Neither this Agreement, nor any portion thereof, may be
assigned by Engineer without the written consent of City. Any
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'attemptr"by Engineer., toassiqn or'.subcontract. any' pe.rformance"of. "
. 4 subco.ntractse~ceeding $10,000, sh;il c;ntai;" ~ll 'prpvisionsOf
". . '._' ,,,'.., I. .,,'..d....- . ,'0>- '." _, - ,\.". ~'",.., ... . .... .... .._'.. .,. ....... .~.. .'~. . .. .. ,......- ..' ".' .. ....'.-. --::- ..- ,"'-. ....... ,-..' ..." .', ." .." ...J...... . -'. . '.'. ...,....... .... .'
5 this contract.
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:! 13. No-l'ICES
. _0 ._..' ". ..... ",,71.. All .official notices relative to. this . Agreement. shall. be in
81.'tIrit'ini;j' 'arid' adtlressed' to .tne' following- 'r'et)relilel1trtl'ifes'of Engineer
. 91 'and City: ....
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2 this Agr~ement without the writt~n cons~nt of the city shall be
3 'null'arid void'and shalt constitute 'a breach 'of' tills" Agreement:' 'All
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ENGINEER
CITY OF SAN BERNARDINO
CHJ Incorporated
1355 E. Cooley Dr.
'Colton; CA'92324
Mr. Roger Hardgrave
Director of Public Works/
,...." ....City.'Engineer
300 North "0" Street
San Bernardino, CA 92418
14. RESPONSIBILITIES OF PARTIES
A. The Engineer may reasonably rely upon the accuracy of
data provided through the City or its agents without independent
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evaluation.
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The City shall pay all costs of inspection and permit
Charges not specifically covered by the terms of this
B.
fees.
Agreement shall be paid as agreed by the parties hereto at the time
such costs arise; but in no event shall the work to be performed
hereunder cease as a consequence of any unforeseen charges unless
by mutual written agreement of city and Engineer.
C.
All test results, field reports and other original
25 documents are instruments of service and shall remain the property
26 of Engineer except where by law, precedent, or agreement these
27 documents become public property. All such documents or records
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. shall. be. . made "accessible .to. City" dEngineer"shall" 'maintain . aU
records for inspection by the City, State, or their duly authorized
. _, , ...... _', _, _ . .-" . __.. ". '.. _ _'," " __ ~ '_' ...., " .. .~.."'.' . " "" ,... -...., '.'~:.. ,,;0- .. .....~ ,. F."....
representatives for a period of three (3) years after final
,'. .-.-.;. .
" .'_:. . ,., .. .... . ~ __ _, .... ~. '" . H
-.....-. --_. .', ....
payment.
.Engineer shall stamp. and sign all reports and test
.' . ',.... "_ "'.r ...... .....,.... '" .., _'.. --,' ,". '," -. .. ',,' . ' .. '", ...... ."..' :.,.""",' ". ,.... -~. -. '.' :" ~ .. -'-"---,'. - .- ,...... ' .' .- , ' ... .
resuits, consistent with normal industry practice, and engineering
data fur;tished,' and, where appropriate, indicate registration
-.- ~,'
.number,. .
'15;
CON~UCTIClN" COST-tStlMA1'ES"'- ...
.. .....-... .--.' ".
..".. .....,
.A... Any -opinion' of the construction . cost . -relatedd to
compliance with test results and recommendations prepared by
Engineer represents his judgment as a design professional and is
supplied for the 'generarguidance of ~lie dty.SinceEngineer 'has
no control over the cost of labor and material, or over competitive
bidding or market conditions, Engineer does not guarantee the
accuracy of such opinions as compared to contractor bids or actual
cost to the city.
16. COVENANT AGAINST CONTINGENT FEE
Engineer warrants that no person or selling agency has been
employed or retained to solicit or secure this Agreement upon an
agreement or understanding for a commission, percentage, brokerage,
or contingent fee, excepting bona fide employees or bona fide
established commercial or selling agencies maintained by the
Engineer for the purpose of securing business.
For breach or
violation of this warranty, City shall have the right to terminate
this Agreement in accordance with the clause permitting termination
for cause and, at its sole discretion, to deduct from the Agreement
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BXHIBIT'A
.. ,..... - ,". .. '~-' 1.
2
.. _. ........~.......,. ~~.....~ ....
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price or "Consideration; or"ot-herwise.~r~cove~,: ,thef~lJ.:.alIIo~t~'Of I,
such ccronission, perc~ntage, brokerage or contingent fee.
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~. ." "G'" '.. _ ,_\.. "".'_ "..... ... ,..... .'~. -.'" .,....,.... -.' ".. ., ................-.. .......'., ,....~ .~...."..' ~;F...~.. .....~,._.......".~.........,........._'..'.,...."" .,.. "......or........ ........ .
17. HOLD HARMLESS CLAUSE
A.. Engineer .herebyagrees tc', h~id :C'ity, itseiective, .and .
....,.,.......'.. ....,...........'.'-J ,"'( .~.-.'r..."..~..~. ,'r.... :.. '. !,,-"'.,',' ,,,:~~__,,,'_,"". ~..;. /...... .'.' c. .." -, '.- ... .
appointive boards, officers, and employees, harmless from any
liability for damage or claims for damage for personal injury I
. including death, as well as from claims for property damage, .to the
8 extent such' are proximatelY' caused e by Ertqln'aer' s 'l'legIi"qent . acts';-
9 I.errors". or omiss ions under this .Agreement. u." .
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Engineer shall indemnify, defend and hold free and
B.
h~rmless the City, its officers, and its employees from all claims, I
damages, costs, eXpenses, and liability, including, but not limited'
to, attorney's fees imposed upon them for any alleged infringement
of patent rights or copyrights of any person or persons in
consequence of the use by City, its officers, employees, agents,
and other duly authorized representatives, of programs or processes
1i
supplied to City by Engineer under this Agreement.
18
The prevailing party in any legal action to enforce or
C.
19 interpret any provisions of this Agreement will be entitled to
20 recover from the losing party all reasonable attorneys' fees, court
21 costs, and necessary disbursements in connection with that action.
22 The costs, salary, and expense of the city Attorney, and members of
23 his office, in connection with that action shall be considered as
24 attorneys' fees for the purposes of this Agreement.
25 18. INDEMNITY
26
Engineer shall indemnify, defend and hold harmless city
A.
27 from and against any and all claims, demands, suits, actions,
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BDIBIT'A
,""'. .',-....1......'. . "". '., "'-,"'. ;......',...~.... ,.._', ,,. ,.~.,. .......... '_. ,'__"~ ...---....,.................... _~.!"'" ~-.......-......,...,.....~.,..I'r_...~....... _.._~........._....._....-.. -~_ ,,'" ..~.'"
" . '. ~ , '.' -.'.
,', ., ......~' " .
>1' 'proceedings;'" ludgments'; "losse's,'damages~ " iftjih'le!f;'penalties';' ""
, ., .
2 costs, expenses (including reasonable attorney's fees), and
~'''_'''. "")"._" "~',.:'" 't'~_..- ".., ~ ....,_... . ..<~-..-.-.-....- 0:. .,' _~..,..... .~....... -' ',,<I!-" ...._,~..-<.......' .....,,"'I.,..~-.. " -,'_....,-,..~.. .,..,-....... ..,... ...."'-H,''''......,.:...._..._~:.Jo"...r. .....~._c~....., ..,.........~..........~ ,..~"''''.'
.... . .......,~ '. ...... . _~, .... t_..
,',. I'" ..'
3 liabilities, of, by, or, with respect ,to third parties, which arise
4 solely from Engineer'S negligent performance of services under this
..,_.;,. ."-'.'~"~C'. ..y', ~. -"."','," ."",..,' .,~....."..'.....J...._.. " '''-' :.'. ....., ...... ,-'" ...'''....; ,~~'~'..", ,'\."."".''''-',', ..-..' .'.
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Agreement. Engineer shall not be responsible for, and City shall
inde~ify, defend, and hold harmless Engineer from and against, any I
. arid all claims ;'demarids , "suits, actibns ~'proceedin9's," judgll1Eints;
losses, ciainages " 'injuries, 'penalties,' costs; 'expenses" (incl\ldIng
reasonabl'e attorney's fees) and liabilities 'of,' by,' or with respect'
10 to third parties, which arise solely from the city's negligence.
11 with respect to any and all claims, demands, suits, actior.s,
12 proceedings, judgments, losses, damages, injuries, penalties,
13 costs, expenses (including reasonable attorney's fees) and
14 liabilities of, by or with respect to third parties, which arise
15 from the joint or concurrent negligence of Engineer and city, each
16 party shall assume responsibility in proportion to the degree of
17 its respective fault.
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Neither party hereto shall be responsible for special,
B.
incidental, or consequential damages, except to the extent that
such damages are awarded in an action by a third party, other than
the Contractor on the Project, against the CITY and arise out of
ENGINEER's negligent acts, errors, or omissions.
19. LIABILITY/INSURANCE
A. Engineer'S liability insurance for injury or damage to
persons or property arising out of work for which legal liability
may be found to rest upon Engineer other than for professional
27 errors and omissions, shall be a minimum of $1,000,000. For any
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BXHIBIT' A
, .' ,.".... -'-"~'." ~""""."'. ."."
.,.. ~..... -.-'~.
,'- .-.,.... ,.........".., ,.,.' ..,' ~.- ~'".
...,.. '.......~. ~._.~. ...~,... d. ...........\>__. .~.,"P. ..,.. ..._..;_....".-.......... '..~. ~~..~..........._........_..... .......~.....~.,_..-,......,.. .......'.........":lr..-"'-.r.......vt"~ V~". ."..
1-.. -duag'e' on acc'o'l1f1t"bf' any "error," Oillissionj""or..othe1!-pro-fessional
2 negli~ence, Engineer's insurance shall be limited in a sum not to
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.,,",
5
,
6'
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..........,,,,.. ",.' ,.;.._.".. ...... ,....,. -, -.. -" r ......, _ 'v. ._.,.......,' .,...... ,._ ........._.. ,.....,..,... ~....~; ..... ,JtOJ.'. .'-'-' 'I' -,,,,,_~"-" -'. ..~.--
exceed $?o,ooo or Engineer's fee, whichever is greater.. .
,.
B. The City will require the Eng;neer to provide Workers
~~, .._,....' '."".""_'" .....,.__.~., -~,_-",.'''''-'v__' '- ,.:..... .... .:. :~_.. '-:;.\._' ''''_'''_''''',,4'_,~,' ,.'-.
compensation and comprehensive general liability insurance;
including completed operations and contractual liability, with
doverlige"sfiffieient,.'t;o"insure'..the .-Enqineer"s' 'indemnity,- as above '"
required: and, such insurance will include the City; the Engineer,
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their consultants, and each of their officers,ageiits and employee's
as additional insureds.
C. Engineer shall provide evider.ce of insurance in the form
of a pOliCYlcertification of insurance or other acceptable
evidence, in which the City is named as an additional named insured
(except on Worker's Comp) to the extent of the coverage required by
this Agreement.
17
D. Notwithstanding anything to the contrary herein, the
Engineer and its subconsultants and specialty consultants shall
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have no responsibility for the discovery, presence, handling,
removal, disposal of or exposure of persons to hazardous materials
in any form at the different sites of the Project including, but
not limited to asbestos, asbestos products, polychlorinated
biphenyl
or other toxic substances except for any such
22
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24 used by same in the performance of their work or as provided for in
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(pcb)
substances brought to the site by the Engineer or subconsultants or
this agreement.
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BXHIBI'l"A
""..-(~..,.... '"".......-.~....-"'.&.....t'"'!"'.'...~.."....... ....,..~....~ ''-''''''', -,..-;_.."".: ......'"..... ....,......._"'..~...._f"<I..._"....,">#,,__..~........_...._..~...,..~~~.-. ..,....
."-". ,. . "',' , '.. -' "..- ,':. ,", ~ '.'- . ,..,. '.' ", ..; ~. ......
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""'1 '20." -VU.tOI'i"l".'
2 Should any provision herein be found or deemed to be invalid,
~.. , .. .,
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^".',-." "- ..--.-.'-..
'." ,. ~ .-.... "','" '... .... . ...# '.','~' -'-." ., .,......:.. -- ....-..".,'~-,; . ."-~-'- " .-' ...-- '-.. --,. .'. ....... ,'" .
3
this Agreement shall be construed as not con~aining such provision,
. ..', "." - . " '-,.... ., -.-
..;rr:-.'lNTIu..1I.Gttl::EMENT.....' ........... -_..-......_~.. -~..~...~.'-'
._'.,...._,.. .....,__..... ...... J....;........ '.f ...... ,.c... ~
uBI
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This Agreement represents the entire and integrated agreement
parties hereto
and
supersedes . all
prior' and
between
the
contemporaneous negotiations, representations, understandings, and
agreements, whether written or oral, with respect to the subject
matter thereof.
This Agreement may be amended only by written
instrument signed by both parties.
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61
AGREEMENT FeR: PRO:n:SSIOnL -GBO'nlCHNICAL UD -SOILS - TESTDlG
Sl!l~VICBS J'O!l COlfSTRtrCTIOH OJ' ORDGS SlIO' ROAD
BBTWBBJI' ARR01IltBAD AVlUroB A..'lD TIPPBCUOB AVBHtJB
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executp.d on the date writf~n above by their duly
authorized officers on their behalf.
CITY OF SAN BERNARDINO
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BY:
Tom Minor, Mayor
ATTEST:
By:
Rachel Clark, City Clerk
CHJ Incorporated
By:
President
Approved as to form
20 and legal content:
21 JAMES F. PENMAN
City Attorney
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BDIBIT'A