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Home My WebLink About20-Development Services ~. ' ... CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: James Funk, Director OR: C;j'v'AL Subject: Authorization to execute Agreements with AEI CASC Engineering for Civil Engineering Services for pavement rehabilitation at University Parkway between Northpark Boulevard & Kendall Avenue; Base Line between State Street & Medical Center Drive; intersection of Little Mountain Drive & 48th Street; Highland A venue between Waterman Avenue & Sierra Way; Waterman Avenue between 9'h Street & Base Line; Foxcroft between Commercial Road & Heritage Lane. MCC Date: 06/18/01 Dept: Development Services Date: June 13, 2001 File: 1.7220 & 1.7222 Synopsis of Previous Council Action: 3/27101 Council approved pavement rehabilitation projects, directed the Public Works Division to proceed with design and bid document preparation, authorized the Director of Finance to amend the FY 2000-2001 Capital Projects Budget and appropriate $500,000 from the undesignated AB2928 Traffic Congestion Relief fund balance for Citywide Pavement Rehabilitation projects. Recommended Motion: Adopt Resolution ~p~ James Funk Contact person: Ron BlymiIler, En~ineerin~ Associate Phone: 5154 Supporting data attached: Staff Rep, Reso, Scope, Map & A):\ree. Ward: 1,2, 3,5,6 & 7 FUNDING REQUIREMENTS: Amount: $59.510 00 Source: (Acct. No.) 125-378-5504-7220 & 125-378-5504-7222 Acct. Description: Pavement rehabilitation Finance: Council Notes Agenda Item No. ~ " /11'/01 . ' . , City of San Bernardino - Request for Council Action Staff Report Subject: Authorization to execute Agreements with AEI CASC Engineering for Civil Engineering Services for pavement rehabilitation at University Parkway between Northpark Boulevard & Kendall Avenue; Base Line between State Street & Medical Center Drive; intersection of Little Mountain Drive & 48th Street; Highland Avenue between Waterman Avenue & Sierra Way; Waterman A venue between 9th Street & Base Line; Foxcroft between Commercial Road & Heritage Lane. Backl!round: Assembly Bill AB 2928 Traffic Congestion Relief Plan provides funding to cities and counties for street and highway pavement maintenance, rehabilitation and reconstruction. The Council approved the list of projects on March 27, 2001. The Council approved the list of AB 2928 projects on March 27, 200 1. The design contracting for all of the projects listed is included in the two Council actions on today's agenda. Requests for Proposals (RFP) for Professional Civil Engineering Services were sent to 7 Civil Engineering firms; five firms responded to the RFP. A selection committee consisting of Ray Casey, City Engineer; Jarb Thaipejr, Senior Civil Engineers; and Ronald Blymiller, Engineering Associate, reviewed the RFP's and selected one firm, based on their qualifications, that were submitted in the RFP's for University Parkway between Northpark Boulevard & Kendall A venue; Base Line between State Street & Medical Center Drive; intersection of Little Mountain Drive & 48th Street; Highland A venue between Waterman Avenue & Sierra Way; Waterman Avenue between 9th Street & Base Line; Foxcroft between Commercial Road & Heritage Lane. Proposals were received from: 1. AEI CASC Engineering, Colton 2. Engineering Resources, San Bernardino 3. John Egan & Associates, Redlands 4. Nichols Vallerga & Associates, Huntington Beach 5. Nolte Engineering, Corona After carefully reviewing the proposals received, the committee determined that AEI Casc Engineering was the best qualified to provide the necessary services. The committee considered similar project experience, personnel assigned to the project, past experience with the firm (where applicable), ability to meet scheduling requirements, and understanding of and interest in the project in making their determination. . . " Financial ImDact: Cost for services associated with this contract shall be not to exceed $54,119 with a contingency amount of $5,411. Funding for these projects in the amount of $1,328,273 has been allocated from the State's AB 2928 Traffic Congestion Relief Plan and made available for FY 2001/2002. All costs incurred will be charged to Account Nos. 125-378-5504-7220 ($405,000) and 125-378-5504-7222 ($450,000) (University Parkway between Northpark Boulevard & Kendall Avenue; Base Line between State Street & Medical Center Drive; intersection of Little Mountain Drive & 48'h Street; Highland Avenue between Waterman Avenue & Sierra Way; Waterman Avenue between 9th Street & Base Line; Foxcroft between Commercial Road & Heritage Lane.). Recommendation: Adopt Resolution. I J- i.- /"'- "- -~ L May 15, 2001 Scope of Work i PHASE I - PRELIMINARY ENGINEERING , I A. PROJECT START-UP 1. Kick-Off Meeting- Meet with City of San Bernardino staff to review the project, discuss the design approach, and establish guidelines to ensure good communication and coordination with the city. 2. Research- a. Record Infonnation-Collect any As-Builts, record drawings, record maps, readily available geologic maps, survey control and mapping, of the project sites to aid in preparing project drawings. b. Utilities-City provides and list of utilities and contacts in the project areas. Standard utility notification fonns are sent to utility agencies with facilities in the project area or with plans for future improvements. With a four week project schedule, responses with the design time frame will be shown on the drawings. c. Field Walk-Conduct a field review job walk. At this time, make some preliminary measurements, identify areas of potential pavement reconstruction, take photographs and collect notes identifying the configuration of Access Ramps, any excessive cross-fall, striping configurations, and any drainage concerns. Any further needed information may be picked up by the Surveyors. B. PAVEMENT CORING 1. AEI .CASC subconsultant will provide 8 cores to obtain existing pavement section thickness and to obtain samples of the supporting base and sub grade soil. Traffic control will be provided by the subconsultant. 2. Conduct a visual survey of the surface conditions of the asphalt concrete pavement throughout the roadways using a standard rating system and prepare a map identifying areas of failing pavement section that will be required to be removed and reconstructed. 3. (optional-see Project Approval) AEI.CASC subconsultant will test various samples of the sub grade soil to detennine the R- ."- -ASC= _On J... ....~..i = ....-.- ~._. "'- - f r-,4( ;lr...JFERING ji"""> L \...... :',.,...... \,."" value quality of these supporting soils. Other tests may include sieve analysis and sand equivalent for sub grade soil samples to assess the consistency of the materials obtained. R-value tests will then be conducted on cemposite samples to determine the R- value strength quality within the roadway area. All tests will be conducted at the sub consultant's laberatory. 4. (optional) Evaluate all data developed and formulate cost effective recommendations to replace the subject roadways as well as new roadway pavement design to meet current traffic index requirement. 5. Prepare a detailed Pavement Evaluation Report presenting the findings and recommendations as described above. I PHASE II-PRELIMINARY DESIGN-(65%) I A. PRELIMINARY ROADWAY PLANS Title Sheet-Prepare Location & Vicinity Map, General Notes, per the City's requirements, Construction Notes, and Signature Block. Typical Section & Details-Prepare dimensioned typical readway sections that completely cover the proposed improvements fer the project limits. Include Construction Notes, and include any necessary non-standard details such as header cuts on these sheets. Street Impr.ovement Plans (two sheets) - Prepare 40 scale plan .only base drawings for Highland Avenue and for Waterman Avenue showing limits of work, location of manholes and valves to be adjusted to grade, Centerlines and stations, dimensions, and construction notes. The plan strips are double-stacked to reduce excessive sheets. Striping Replacement Plans (two sheets) - Prepare 40 scale plan only base drawings for Highland Avenue and for Waterman Avenue showing the replacement striping configurations and details. Combination Street Plan & Striping Plan (one sheet) - Prepare a 40 scale plan for Foxcroft Way showing street improvements with the replacement striping plan on the same sheet. B. SPECIFICATIONS AEI -CASC will prepare Special Previsions for the specifications using the Green Book and City furnished boilerplate materials. Each item of work includes the method of measurement and payment. The 65% submittal will be in al outline format. C. COST ESTIMATE A Preliminary estimate is prepared using the itemized estimated quantities, estimated cost per unit, and a 15% contingency. May 15,2001 '.. l r.: 'I'CASC-':: .-;_~r""'''..- ::; , 1'1" ,1r--..JFf-"-RINC'i 1"'" \.,..- {' \,.,..- (~ May 15, 2001 D. AGENCY PROCESSING AEIoCASC will submit 65% complete PS&E to the City of San Bernardino for review. It is understood that the accuracy and completion of the package is the responsibility of AEIoCASC Engineering. E. PROJECf MANAGEMENT Attend any progress meetings, prepare any necessary progress reports, and perform general coordination and management functions associated with Phase II-Preliminary Design (65%). PHASE III-FINAL PLANS. SPECIFICATIONS. AND ESTIMATES A. 95% PS&E 1. Plans-<:ontains revisions and modifications to the 65% review submittal, and finalizing of the plan notes and details. The Final submittal is considered substantially complete. In addition to the 65% complete submittal, plans consist of the following: o Title Sheet-General progress update o Tifpical Sections, Notes and Details-General progress upda te including special details and all other non- standard details are shown on these sheets o Street Improvement Plans-Final plans contain more detail pertaining to the items of work, details. and limits of work. o Striping Plans-General progress update. 2. Cost Estimate-The final cost estimate is prepared based upon an update of the quantities and on available construction cost data. With the completion of the plans, the contingency may be lowered to 10%. The cost estimate is formatted as a mock-up bid schedule. 3. Specifications-Finalized special provisions, addressing all comments from the 65% review. Final specifications may contain a detailed method of construction staging. Create Bid Document for each of the project streets using City's proforma specifications including technical provisions, and special provisions. 4. Agency Processing-After required comments are addressed, AEIoCASC will submit PS&E package for final approval. B. APPROVED PLANS, SPECIFICATIONS, AND ESTIMATE 1. Quality Review-An independent review of the contract documents assures the City of San Bernardino a package that is buildable. While delivery of high quality plans is a top priority, elements such as utility coordination, and relocation. and potential traffic handling are emphasized in the review. = .1. ;:::,'.rASC-= ~r,,-' _ _ ! '.....JC~I"'IFERING "00.- 2. \ - 3. Approved PS&E-The package receives a quality review by AEI-CASC. Further modifications are made and considered complete and ready for bid. Final Submittal-Upon the City's approval of the 100% PS&:E package, AEI -CASC will prepare Mylar drawings for signature, engineer stamp and sign a hard copy of the specifications, and provide electronic files of the plans and specifications to the City. C. PROJECT MANGEMENT Attend one progress meeting, prepare a progress report, and perform general coordination and management functions associated with Phase III-Final Plans, Specifications and Estimate. "","'''', - May 15,2001 _AEI'CASC_ F,.....JC-.IN-EERING C~ AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into this of 2001, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and AEI CASC Engineering, a California corporation, hereinafter referred to as "ENGINEER". WITNESSETH WHEREAS, City desires to obtain professional services to prepare plans, specifications, estimates, and construction documents for University Parkway between Northpark Boulevard & Kendall Avenue; Base Line between State Street & Medical Center Drive; intersection of Little Mountain Drive & 48th Street; Highland Avenue between Waterman Avenue & Sierra Way; Waterman Avenue between 9th Street & Base Line; Foxcroft between Commercial Road & Heritage Lane street improvements. WHEREAS, in order to develop plans, specifications, estimates, construction documents, construction management and inspections, it is necessary to retain the professional services of a qualified engineering and consulting fIrm; and WHEREAS, Engineer is qualified to provide said professional services; and WHEREAS, San Beniardino City Council has elected to engage the services of Engineer upon the terms and conditions as hereinafter set forth; and ...-"" f \...... 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 May 15, 2001, (which is on file at the City Clerk's Office) and the Hourly Fee Breakdown, a copy of which is attached hereto as Exhibit "1" & "2" and all of which are incorporated herein as though set forth in full. 2. TERM OF AGREEMENT Engineer shall commence within fifteen (15) days after the City has authorized work to start by issuance of a Notice to Proceed, services shall be completed 133 days after Notice to Proceed unless amended by the City. 3. STANDARD OF PERFORMANCE ~,"'.""" Engineer shall complete all work products and design in conformance with Standard Specifications for Public Works Construction (Green Book), and the City of San Bernardino's Standard Drawings. I r' \...., c ,,,-,,,, , "'-' 4. CHANGES/EXTRA SERVICES A. Performance of the work specified in the "Scope of Services", 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 considered as additional tasks and 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 City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts . 5. COMPENSATION A. The City shall reimburse the Engineer for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Engineer in performance of the work, in an amount not to exceed $54.119.00. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit "1" attached hereto and incorporated herein as though set forth in full. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Engineer shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Engineer. Any adjustment of the total cost of services will only be 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. C. The Engineer is required to comply with all Federal, State and Local laws and ordinances applicable to the work. The Engineer is required to comply with prevailing wage rates in accordance with California Labor Code Section 1770. D. The Engineer agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used to determine the allowability of individual items of cost. 2 c 1"."''''' \..... (~"'..... \..- E. The Engineer also agrees to comply with Federal procedures in accordance with 49 CFR, Part 19, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local.Governments. F. Any costs for which payment has been made to Engineer that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments, are subject to repayment by Engineer to City. G. Any subcontract in excess of $10,000, entered into as a result of this contract, shall contain all the provisions of this Agreement. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted every'four (4) weeks by Engineer to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Engineer within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. Interest of 1-1/2 percent per month (but 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 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 is hereby specifically waived and not applicable to this Agreement. The parties hereto otherwise agree not to be bound by any other requirements for binding arbitration of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties, or upon the failure of such agreement, by direct application to the Courts. C. No payment will be made for any work performed prior to approval of this contract by City and Notification to Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Development Services of City, or his designee, shall have the right of general supervision over all work performed by Engineer and shall be City's agent with respect to obtaining Engineer's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Development Services or his designee. 3 c: c: c: B. The Office of Federal Highway Administration may review and inspect the Engineer's activities during the progress of the program. 8. COMPLIANCE WITH CNIL RIGHTS LAWS Engineer hereby certifies that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, marital status, age, handicap or national origin. Engineer shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, but not be limited to, the following: recruitment and recruitment advertising, employment, upgrading, and promotion. 9. TERMINATION OF AGREEMENT 10. A. This Agreement may be temiinated by either party upon thirty- (30) days' WTitten notice in the event of substantial failure of the other party to perform in accordance with the terms of this Agreement. Each party shall have twenty (20) days following the date of such notice within which to correct the substantial failure, giving rise to such notice. In the event of termination of this Agreement, City shall within thirty (30) days pay Engineer for all the fees, charges and services performed to City's satisfaction by Engineer, which finding of satisfaction shall not be unreasonably withheld. Engineer hereby covenants and agrees that upon termination of this Agreement for any reason, Engineer will preserve and make immediately available to City, or its designated representatives, maps, notes, correspondence, or records related to work paid for by the City and required for its timely completion, and to fully cooperate with City so that the work to be accomplished under this Agreement may resume within forty-five (45) days of termination. Any subsequent use of such incomplete documents. other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including attorney's fees and liability arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit "1" . B. This agreement may be terminated for the convenience of the City upon thirty-(30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to City, and City shall compensate Engineer in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Engineer such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the 4 c: "*"'~... .' t "... <"",,"-'-- L "changes" provision of this Agreement. Engineer shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. 11. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor and shall not be considered an employee of the City in the performance of the services provided for under this Agreement. Engineer shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association between Engineer and the City. 12. ASSIGNMENT OR SUBCONTRACTING Engineer shall not assign this Agreement or any portion thereof, without the written consent of City. Any attempt by Engineer to assign or subcontract any performance of this Agreement without the written consent of the City shall be null and void and shall constitute a breach of this Agreement. All subcontracts exceeding $10,000 shall contain all provisions of this contract. 13. NOTICES All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Engineer and City: . ENGINEER Mr. Caesar Aquilar, P.E. President AEI CASC Engineering 937 South Via Lata, Suite 500 Colton, CA 92324 CITY Mr. James Funk Development Services Director 300 N. "0" Street San Bernardino, CA 92418 14. RESPONSffiILITIES OF PARTIES A. The Engineer may reasonably rely upon the accuracy of data provided through the City or its agents. B. The City shall pay all costs of inspection and permit fees for San Bernardino County Flood Control District. Charges not specifically covered by the terms of this 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. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimates produced as part of this contract will 5 c c p"...... , I \..,- 16. D. automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form are intended for one-time use in the construction of the project for which this contract has been entered into. E. The Engineer is not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by the City of the machine readable information and data provided by the Engineer under this agreement; further, the Engineer is not liable for claims, liabilities or losses arising out of, or connected with, any use by the City of the project documentation on other projects, for additions to this project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by Engineer. F. For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Engineer, subconsnltant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the contract. All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract. The State, the State Auditor, FHW A, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Engineer that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. CONSTRUCTION COST ESTIMATES A. Any opinion of the construction cost prepared by Engineer represents his judgement as a design professional and is supplied for the general guidance of the City. Since Engineer 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. 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 6 ~., \..... c c discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE A. Engineer shall indemnify, defend and hold free and harmless the City, its officers, and its employees from all claims: 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 supplied to City by Engineer under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provision of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection with that action shall be considered as attorneys' fees for the purposes of this Agreement. 18. INDEMNITY Engineer agrees to indemnify, defend, and hold harmless the City of San Bernardino, and its agents, officers and employees from and against any and all liability, expense and claims for damages of any nature whatsoever, including, but not limited to, costs, bodily injury, death, personal injury, or property darnages,.arising from or connected with Engineer's operations, or any aspect of its performance under this Agreement. 19. LIABILITYIINSURANCE Engineer shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Engineer shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior to the Engineer performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the Engineer. A. Errors and Omissions. The Engineer shall maintain errors and omissions insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Comorehensive General Liability and Automobile Insurance. The Engineer shall maintain comprehensive general liability and automobile liability insurance with a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. 7 r- '- r '- 4"......'" , '-- C. Worker's ComDensation Insurance. The Engineer shall maintain worker's compensation insurance in accordance with the laws of the State of California for all workers employed by the Engineer. 20. VALIDITY Should any provIsion herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and 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. III III 8 C AGREEMENT FOR Professional Services with AEI CASC Engineering. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY: BY: Rachel Clark, City Clerk City of San Bernardino Judith Valles, Mayor City of San Bernardino Approved as to form And legal content: JAMES F. PENMAN r' City Attorney '- BY: . AEI CASC ENGINEERING BY: Signature NAME: TITLE: ;"--'11 '- III 9 City of San Bernardino, California Department of Development Services/Public Works DivisioYi ,I"" PROJECT LOCATIONS for the following Projects Pavement Rehabilitation at Highland A venue Between WatermanAve. and Sierra Way & . Waterman Avenue Between 9th St. and Baseline St. & Foxcroft Way Between Commercial Dr. and Heritage Ln. r~ .~, '" < ;..'":.25rll .... .:;_l'r~-_ .l~ HIGHWlD . . ~, '. .. 51 '-.~;r".~ 2 ~?~_, .s, z: ... z j"'--iT '., . "Ie n ~!I- _13~__:uS~ l I ..::- -. U. ,- .' ~ . srIX"_..,,, ~\,I.I nt;~ J:'. . 11:I. <1 -,,.,.-' .. .--- _!!..._",. _~ ~~, <1'- }i~~t~~~~ ..;" .... 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VI ....u IIII IlfI""C r;~ .....~' N.N ,.~~ .' r,,"' E .'i ~r E ';CAI!lLt~. ~ U; -- ~lliJ \ lOO i: CUB _ , Vl.LCENTE!t~ I I -='~');)- -.- OR I w.m:mII'iT ' ~ l~l.H I/J/ , ~ c City of San Bernardino, California Department of Development Services/Public Works Division PROJECT LOCATIONS for the following Projects Pavement Rehabilitation at University Parkway Between Northpark Blvd. and Kendall Dr. & Baseline Street Between State St. and Medical Center Dr. & Little Mountain Dr. 48th Street ,'.... , - --. ,. . V> :;;1 ~ '~.cs i:&: , 01:').'; -, W :\:1- ~ ''t1I lz i \ '.". 160C V -;1 z: ~i .q ~.. l-,C1~fi'~ ~,' -' GILB~RT ST t ~ l ST '~-'-----' 6 -- :i .!I ~ ---5,;'" :C) ~:";~,,j;ji'" -~" W 15TM ST .zr 1 n .... l(Cr,.. :;; 0: _I I. l':lCoJ.,\:, tA'.w o' 'V 1:, 3, ,.~ -I IX' ~ r~.' O'..~-~~...,~ _. .. 1_ . ..,ST, v ~I VIRGINIA _ ~ __ ST zi -':iI-<:.;;!,,; v <~, ~ AV f""'" AV ~:~r--;'l~J n ;.n V U"L '- , ,""-'" ",-', L- .:!. -, WEST SlOE b-<" .,.?i,;~ jWIJl)lsr ; --- PlAZA c.'- ...... ~ I~ BASELlN '" ~ .'1 z' v i I lS03 -'I VII....: . It;; ~;t;;, ~ c: ~: _1 VII 1 V~' ~ ~; i:1) __-____ ~~ - >- -Lm' :;..:.J I ~ ~; '~;:;I!:; ZI:C: .... ",I _, ,IV i~.. I;; ";" -!b,.o,THZ"S,~~,~~,., ~~.::.~~ ,- ~~ -':J{'f T~T I , ~! ::II , W - ALTURAS z:. I "'-I ".- _...- 1 Z,9TH z IPARK~r.:'sr 5T 3': VICINITY MAP N.T.S, l~ '- ,-. '- ,--- \- 16 17 18 19 20 21 22 23 24 25 26 27 28 r ~(Q)[?)V RESOLUTION NO. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY i OF SAN BERt"lARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AEI CASC ENGINEERING FOR CIVIL ENGINEERING SERVICES FOR UNIVERSITY PARKWAY, NORTHPARK BOULEVARD TO KENDALL AVENUE; BASE LINE, STATE STREET TO MEDICAL CENTER DRIVE; INTERSECTION OF LITTLE MOUNTAIN DRIVE & 48TH STREET; HIGHLAND AVENUE, WATERMAN AVENUE TO SIERRA WAY; WATERMAN AVENUE, 9TH STREET TO BASE LINE; AND FOXCROFT WAY, COMMERCIAL DRIVE TO HERITAGE LANE STREET IMPROVEMENTS. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERt'iARDINO AS FOLLOWS: SECTION 1. That the Mayor is authorized to execute the Agreement for Professional SeJ"\'ices wiIh AEI CASC Engineering for Civil Engineering Services for University Parkway between Northpark Boulevard & Kendall Avenue; Base Line beIween Stale Street & Medical Center Drive; intersecIion of Little Mountain Drive & 48th Street; Highland Avenue between WaIerman Avenue & Sierra Way; Waterman Avenue beIween 9th Street & Base Line; And 15 Foxcroft between Commercial Road & Heritage Lane SIreet improvements. A contract is entered into with said firm for the actual costs incurred. not to exceed 554.119.00, with a contingency amount of 55.411.00, but su~h Agreement shall be effective only upon being fully executed by both parties. The Mayor is hereby authorized and directed 10 execute said Agreement on behalf of the City; a copy of the Agreement is attached as Exhibit A and incorporated herein by reference as fully as though set forth aI length, SECTION 2. This agreement and any amendment or modifications thereto shall not take effect or become operative until fully signed and execuIed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modiiications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if Ihe parties to the contract fail to execute it within sixty (60) days of passage of the resolution. #~o (o//BloI - I "- RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH AEI CASC ENGINEERING FOR CIVIL ENGINEERING SERVICES FOR UNIVERSITY PARKWAY, NORTH PARK BOULEVARD TO KENDALL AVENL'E; BASE LINE, STATE STREET TO MEDICAL CENTER DRIVE; INTERSECTION OF LITTLE MOUNTAIN DRIVE & 48TH STREET; HIGHLAND AVENUE, WATERMAN AVENUE TO SIERRA WAY; WATERMAN AVENUE, 9TH STREET TO BASE LINE; AND FOXCROFT WAY, COMMERCIAL DRIVE TO HERITAGE LANE STREET IMPROVEMENTS. 1 2 31 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 7 and Common Council of the CiIy of San Bernardino aI a c r '- 17 18 19 20 21 22 23 24 25 26 27 28 8 9 10 11 12 13 14 _ day of Council Members: ESTRADA LIEN MC GIN~,nS SCHNETZ 15 SUAREZ 16 ANDERSON MC CAMMACK meeting Ihereof. held on Ihe ,2001, by the following vote. to wit: AYES NAYS ABSTAIN ABSENT City Clerk The foregoing resolution is hereby approved this Approved as to fonn and legal content: JAMES F. PENMAN, City Attorney (J- ,P-- day of ,2001. Judith Valles. Mayor CiIy of San Bemardino Exhibit "A" - i,,- AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is made and entered into Ihis of 2001. by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred 10 as the "CITY" and AEI CASC Engineering. a California corporation. hereinafter referred !O as "ENGINEER". WITNESSETH WHEREAS. City desires 10 obIain professional services to prepare plans, specificaIions, estimates, and consIruction documents for University Parkway between Northpark Boulevard & Kendall Avenue; Base Line between State SIreet & Medical Center Drive; intersection of Little Mountain Drive & 48th Street; Highland Avenue between Waterman Avenue & Sierra Way; Waterman Avenue between 9th Street & Base Line; Foxcroft between Commercial Road & Heritage Lane street improvements. WHEREAS, in order to develop plans, specifications, estimates, consIruction documents, construction management and inspections, it is necessary to reIain the professional services of a qualified engineering and consulting firm; and WHEREAS, Engineer is qualified to provide said professional services: and WHEREAS. San Bernardino City Council has elected !O engage the services of Engineer upon the terms and conditions as hereinafter set forth; and r '- NOW. THEREFORE, it is murually agreed, as follows: I. SCOPE OF SERVICES Engineer shall perform those services specified in "Scope of Work" and as contained in the Proposal dated May 15,2001, (which is on file aI the City Clerk's Office) and the Hourly Fee Breakdown, a copy of which is attached hereIo as Exhibit" I" & "2" and all of which are incorporaIed herein as though set forth in full. 2. TERM OF AGREEMENT Engineer shall commence within fifteen (15) days after the City has aurhorized work to start by issuance of a Notice to Proceed, services shall be completed 133 days after Notice to Proceed unless amended by the City. 3. STANDARD OF PERFORMANCE -- '- Engineer shall compleIe all work producIs and design in conformance with Standard Specifications for Public Works Construction (Green Book). and the City of San Bernardino's Standard Drawings. -- '........ .,-'" '- - "- .. CHANGES/E.\TRA SERVICES A. Performance of the work specified in the "Scope of Services". is made an obligation of Engineer under this Agreement, subjecI 10 any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments 10 this Agreement and include any increase or decrease in the amount of compensation due Engineer for the change in scope. Any change, which has nOI been so incorporaIed. shall not be binding on either party. B. No extra services shall be rendered by Engineer under this Agreement unless City authorizes such eXIra services in \\Titing prior to performance of such work. Authorized eXIra services shall be invoiced based on Ihe aUIhorized additional task amounts. 5. COMPENSATION A The City shall reimburse the Engineer for actual COsls (including labor costs, employee benefiIs. overhead. profit. other direCI and indirecI COSIS) incurred by the Engineer in performance of the work. in an amount nOI 10 exceed 554.119.00. ACIual costs shall not exceed the estimated wage raIes and oIher costs as seI forth in ExhibiI .. 2" aIlached hereto and incorporaIed herein as though set forth in full. B. Said compensation shall not be alIered unless Ihere is significant alIeraIion in Ihe scope. complexity or character of Ihe work 10 be performed. City and Engineer shall agree upon any such significant alteraIion in writing before commencement of performance of such significant alIeraIion by Engineer. Any adjustment of Ihe tOIal cost of sen' ices will only be permiIled when Ihe Engineer establishes and CiIy has agreed in \\'fiIing Ihat Ihere has been. or is 10 be. a significant change in: I. Scope. complexiIy. or character of the services 10 be performed: 2. CondiIions under which Ihe work is required 10 be performed: and 3. DuraIion of work if the change from the time period specified in the Agreement for compleIion of Ihe work warrants such adjustment. C The Engineer is required 10 comply \\'ith all Federal. State and local laws and ordinances applicable 10 the work. The Engineer is required to comply wiIh prevailing wage raIes in accordance with California Labor Code SecIion 1770. D. The Engineer agrees Ihat the Contract Cost Principles and Procedures, 48 CFR. Federal AcquisiIion Regulations System. ChapIer 1. part 31 eI seq., shall be used 10 determine Ihe allowabiliIy of individual items of cost. 2 - ~ -...... E. The Engineer also agrees to comply with Federal procedures in accordance with 49 CFR. Part 19. Uniform Administrative Requirements for Grams and Cooperative Agreements to Stale and LocalGovernments, F. Any COSIS for which paymenI has been made to Engineer that are determined by subsequent audit to be unallowable under 48 CFR, Federal Acquisition Regulations System, Chapter I, Part 31 et seq., or 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative Agreements 10 Slate and Local Governments, are subjecI to repayment by Engineer to Cily. G. Any subcontract in excess of $10,000, entered into as a result of this contract, shall contain all the provisions of this Agreement. 6. PAYMENT BY CITY A. ,--- '-' The billings for all services rendered pursuam 10 this Agreement shall be submitted every four (4) weeks by Engineer to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. DispuIe over any invoiced amount shall be noticed to the Engineer within ten (10) days of billing and a meeI and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of noIice of such dispute. Interest of 1-1/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts nOI in dispute and not paid within thirty (30) days of the billing date, payment thereafter to be applied first to accrued 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 Ihe Engineer. All tasks as specified in Exhibit "I" shall be completed prior to final payment. B. Section 9-1. 10 of the Cal- Trans Standard Specifications is hereby specifically waived and nOI applicable to this Agreement. The parties hereIo otherwise agree not to be bound by any other requirements for binding arbitration of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties, or upon the failure of such agreement, by direct application to the Courts. C. No payment will be made for any work performed prior to approval of this contract by City and Notification 10 Proceed. 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. -.. l '- The Director of Development Services of City, or his designee, shall have the right of general supervision over all work performed by Engineer and shall be CiIy's agent with respect to obtaining Engineer's compliance hereunder. No payment for any services rendered under this Agreement shall be made without prior approval of the Director of Development Services or his designee. 3 .- j ...... _. \.... r-- "'- 10. B. The Office of Federal Highway Administration may review and inspecI Ihe Engineer's activiIies during the progress of the program. 8. COMPLIANCE WITH CIVIL RIGHTS LAWS Engineer hereby certifies Ihat iI will nOI discriminate againsI any employee or applicanr for employmenr because of race. color, religion. sex, marital starus, age, handicap or national origin. Engineer shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. Such action shall include, buI not be limited to, the following: recruiIment and recruitment adverIising, employmenr, upgrading, and promoIion. 9. TERMINATION OF AGREEMENT A. This Agreement may be terminaIed by either party upon thirty- (30) days' written notice in Ihe evenr of substantial failure of Ihe other party !O perform in accordance with the Ierms of Ihis Agreemenr. Each party shall have twenty (20) days following the date of such notice within which 10 correct the subsIanrial failure, giving rise to such nOIice. In the event of termination ofthis Agreement, City shall wiIhin thirty (30) days pay Engineer for all the fees, charges and services performed !O CiIy's satisfaction by Engineer, which finding of salis faction shall not be unreasonably withheld. Engineer hereby covenants and agrees that upon termination of this Agreement for any reason, Engineer will preserve and make immediately available to CiIy, or its designaIed representatives, maps, nOles, correspondence. or records related !O work paid for by Ihe City and required for its timely completion, and to fully cooperate with City so that Ihe work to be accomplished under this Agreement may resume within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the CiIy, and the City agrees to hold harmless and indemnify Engineer from any claims, losses. costs, including attorney's fees and liabiliIy arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit "2". B. This agreement may be terminated for the convenience of the City upon thirty-(30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to City. and City shall compensate Engineer in the manner set forth above. C. Following the effective date of termination of this Agreemenr pursuant to this section, the AgreemenI shall continue until all obligations arising from such termination are satisfied. CONTINGENCIES In Ihe evenr that, due 10 causes beyond the control of and without the fault or negligence of Engineer. Engineer fails 10 meet any of its obligations under this Agreement, and such failure shall nOI constiIute a default in performance, Ihe City may grant to Engineer such extensions of lime and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the 4 -- \-...... -- , '- ,-- "- "changes" provision of this Agreement. Engineer shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which iI claims or may claim an extension. 11. INDEPENDENT CONTRACTOR Engineer shall aCI as an independent contractor and shall not be considered an employee of the City in Ihe performance of the services provided for under this Agreement. Engineer shall furnish such services in its own manner. This Agreement is not intended and shall not be construed to create the relationship of agent, servanI, employee, partnership, joint venture, or associaIion between Engineer and the City. 12. ASSIGNMENT OR SUBCONTRACTING 13. Engineer shall not assign this Agreement or any porIion thereof, without the written consent of City. Any aItempt by Engineer to assign or subcontract any performance of this Agreement wiIhout Ihe written consenr of the City shall be null and void and shall constitute a breach of this Agreemenr. All subcontracts exceeding $10,000 shall conIain all provisions of Ihis conrract. NOTICES All official notices relative 10 this Agreement shall be in writing and addressed to the following represenratives of Engineer and City: ENGINEER Mr. Caesar Aquilar, P.E. Presidenr AEI CASC Engineering 937 South Via Lata, Suite 500 Colton, CA 92324 CITY Mr. James Funk Development Services Director 300 N. "D" Street San Bernardino, CA 92418 14. RESPONSIBILITIES OF PARTIES A. The Engineer may reasonably rely upon the accuracy of daIa provided through the City or iIS agents. B. The City shall pay all costs of inspection and permit fees for San Bernardino County Flood Control District. Charges not specifically covered by the terms of this 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. Upon completion of all work under this contract, ownership and title to all reports, documents, plans, specifications, and estimaIes produced as part of this contract will 5 ,,-- '- -- '- 16. -- '- D. automatically be vested in the City and no further agreement will be necessary to transfer ownership 10 the City. II is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form are intended for one-time use in the construction of the project for which this contract has been entered into. E. The Engineer is not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by the City of the machine readable information and data provided by the Engineer under this agreement; further, the Engineer is not liable for claims, liabilities or losses arising out of, or connected with, any use by Ihe City of the project documentation on other projects, for additions to this project. or for the compleIion of this projecI by others, excepting only such use as may be authorized, in wriIing. by Engineer. F. For the purpose of determining compliance with Public Contract Code Section 10115, eI. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 eI. seq., when applicable, and oIher matters connecIed with the performance of the contract pursuant to Government Code Section 8546.7, the Engineer, subconsulIant, and the City shall maintain all the books, documents, papers, accounting records, and other evidence pertaining to the performance of the contract, including but not limited to, the costs of administering the COnIracI. All parties shall make such materials available at their respective offices at all reasonable limes during the contract period and for three years from the dale of final payment under the contract. The State, the State AudiIor, FHW A, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Engineer that are perIinent to the contract for audits, examinations, excerpts, and Iransactions, and copies thereof shall be furnished if requested. 15. CONSTRUCTION COST ESTIMATES A. Any opinion of the construction cost prepared by Engineer represents his judgement as a design professional and is supplied for the general guidance of the City. Since Engineer 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. COVENANT AGAINST CONTINGENT FEE Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreemenr upon an agreement or understanding for a commission, percentage, brokerage. or contingenr fee, excepting bona fide employees or bona fide established commercial or selling agencies mainrained by the Engineer for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreemenr in accordance with the clause permitting termination for cause and, aI its sole 6 .- i~ -- '- -- '- - discretion. to deduct from the Agreement price or consideration, or oIherwise recover, the full amounI of such commission, percentage, brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE A. Engineer shall indemnify, defend and hold free and harmless Ihe City, its officers, and its employees from all claims, 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 supplied to City by Engineer under this Agreement. B. The prevailing party in any legal action to enforce or interpret any provision of this Agreement will be entitled to recover from the losing party all reasonable attorneys' fees, court costs, and necessary disbursements in connection with that action. The costs, salary, and expense of the City Attorney and members of his office, in connection wiIh that action shall be considered as attorneys' fees for the purposes of this Agreement. IS. INDEMNITY Engineer agrees to indemnify, defend, and hold harmless the City of San Bernardino, and its agents, officers and employees from and against any and all liability , expense and claims for damages of any nature whatsoever, including, but not limited to, costs, bodily injury, death, personal injury, or property damages, .arising from or connected with Engineer's operations, or any aspecI of its performance under this Agreement. 19. LIABILITY/INSURANCE Engineer shall maintain insurance policies meeting the minimum requirements set forth herein. All insurance maintained by the Engineer shall be provided by insurers satisfactory to the City. Certificates evidencing all insurance coverage required herein shall be delivered to the City prior 10 the Engineer performing any of the services under this Agreement. All insurance certificates required herein shall name the City as an additional insured and provide for thirty-(30) days written notice from the insurer to the City prior to cancellation of any insurance policy of the Engineer. A. Errors and Omissions. The Engineer shall maintain errors and omissions insurance WiIh a combined single limit of not less than One Million Dollars ($1,000,000.00) per occurrence. B. Comprehensive General Liability and Automobile Insurance. The Engineer shall maintain comprehensive general liability and automobile liability insurance wiIh a combined. single limit of not less than One Million Dollars ($1,000.000.00) per occurrence. 7 - C. Worker's Compensation Insurance. The Engineer shall maintain worker's compensation insurance in accordance with the laws of the Stale of California for all workers employed by the Engineer. '- 20. V AUDITY Should any provIsIOn herein be found or deemed to be invalid, this Agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and affect, and to this end the provisions of this Agreement are declared to be severable. 21. ENTIRE AGREEMENT This Agreement represents the entire and integrated agreement between the parties hereto and supersedes all prior and contemporaneous negotiations, representations, undersIandings, and agreements, whether written or oral, with respect to the subjecI maner thereof. This Agreement may be amended only by wrinen instrument signed by both parries. 11/ - III '- ,- '- 8 ,-. AGREEMENT FOR Professional Services with AEI CASC Engineering. \...., IN WITNESS WHEREOF. the parties hereto have caused this Agreemenr to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY: BY: JudiIh Valles, Mayor City of San Bernardino Rachel Clark. City Clerk City of San Bernardino Approved as to form And legal conrent: JAMES F. PENMAN ,-. City Attorney .~ AEI CASC ENGINEERING BY: Signature NAME: TITLE: - 'I I '- II I 9 '" '... - '- - '- May 15,2001 Exhibit "I" Scope of Work : PHASE I - PRELIMINARY ENGINEERING A. PROJECT START-UP 1. Kick-Off Meeting- Meet with City of San Bernardino staff to review the project, discuss the design approach, and establish guidelines to ensure good communication and coordination with the city. 2. Research- a. Record Information-ColIect any As-Builts, record drawings, record maps, readily available geologic maps, survey control and mapping, of the project sites to aid in preparing project drawings. b. Utilities-City provides and list of utilities and contacts in the project areas. Standard utility notification forms are sent to utility agencies with facilities in the project area or with plans for future improvements. With a four week project schedule, responses with the design time frame will be shown on the drawings. c. Field Walk-Conduct a field review job walk. At this time, make some preliminary measurements, identify areas of potential pavement reconstruction, take photographs and collect notes identifying the configuration of Access Ramps, any excessive cross-fall, striping configurations, and any drainage concerns. Any further needed information may be picked up by the Surveyors. B. PAVEMENT CORING 1. AEI -CASC subconsultant will provide 8 cores to obtain existing pavement section thickness and to obtain samples of the supporting base and subgrade soil. Traffic control will be provided by the subconsultant. 2. Conduct a visual survey of the surface conditions of the asphalt concrete pavement throughout the roadways using a standard rating system and prepare a map identifying areas of failing pavement section that will be required to be removed and recons tructed. 3. (optional-see Project Approval) AEloCASC subconsultant will test various samples of the subgrade soil to determine the R- . :_A5(.::. lr ." "I J I-.~ING - '-' c .- '- value quality of these supporting soils. Other tests may include sieve analysis and sand equivalent for subgrade soil samples to assess the consistency of the materials obtained. R-value tests will then be conducted on composite samples to determine the R- value strength quality within the roadway area. All tests will be conducted at the sub consultant's laboratory. 4. (optional) Evaluate all data developed and formulate cost effective recommendations to replace the subject roadways as well as new roadway pavement design to meet current traffic index requirement. 5. Prepare a detailed Pavement Evaluation Report presenting the findings and recommendations as described above. i PHASE II-PRELIMINARY DESIGN-(65%) , , A. PRELIMINARY ROADWAY PLANS Title Sheet-Prepare Location & Vicinity Map, General Notes, per the City's requirements, Construction Notes, and Signature Block. Typical Section & Details-Prepare dimensioned typical roadway sections that completely cover the proposed improvements for the project limits. Include Construction Notes, and include any necessary non-standard details such as header cuts on these sheets. Street Improvement Plans (two sheets) - Prepare 40 scale plan only base drawings for Highland Avenue and for Waterman Avenue showing limits of work, location of manholes and valves to be adjusted to grade, Centerlines and stations, dimensions, and construction notes. The plan strips are double-stacked to reduce excessive sheets. Striping Replacement Plans (two sheets) - Prepare 40 scale plan only base drawings for Highland Avenue and for Waterman Avenue showing the replacement striping configurations and details. Combination Street Plan & Striping Plan (one sheet) - Prepare a 40 scale plan for Foxcroft Way showing street improvements with the replacement striping plan on the same sheet. B. SPECIFICATIONS AEloCASC will prepare Special Provisions for the specifications using the Green Book and City furnished boilerplate materials. Each item of work includes the method of measurement and payment. The 65% submittal will be in al outline format. C. COST ESTIMATE May 15.2001 A Preliminary estimate is prepared using the itemized estimated quantities, estimated cost per unit, and a 15% contingency. ,.- "sr ~ , ' L \ -.-- ,." .~ .. t..~. ,n _ l.. =;; if. l' , J.-'" j 1",1 (':; - '- - \"..... - '- May 15, 2001 D. AGENCY PROCESSING AEI -CASC will submit 65% complete PS&E to the City of San Bernardino for review. It is understood that the accuracy and completion of the package is the responsibility of AEI-CASC Engineering. E. PROJECT MANAGEMENT Attend any progress meetings, prepare any necessary progress reports, and perform general coordination and management functions associated with Phase II-Preliminary Design (65%). PHASE III-FINAL PLANS. SPECIFICATIONS, AND ESTIMATES A. 95% PS&E 1. Plans---{:ontains revisions and modifications to the 65% review submittal, and finalizing of the plan notes and details. The Final submittal is considered substantially complete. In addition to the 65% complete submittal, plans consist of the following: - Title Sheet-General progress update . Typical Sections. Notes and Details-General progress update including special details and all other non- standard details are shown on these sheets - Street Improvement Plans-Final plans contain more detail pertaining to the items of work, details, and limits of work. - Striping Plmls-General progress update. 2. Cost Estimate-The final cost estimate is prepared based upon an update of the quantities and on available construction cost data. With the completion of the plans, the contingency may be lowered to 10%. The cost estimate is formatted as a mock-up bid schedule. 3. Specifications-Finalized special provisions, addressing all comments from the 65% review. Final specifications may contain a detailed method of construction staging. Create Bid Document for each of the project streets using City's proforma specifications including technical provisions, and special provisions. 4. Agency Processing-After required comments are addressed, AEI-CASC will submit PS&E package for final approval. B. APPROVED PLANS, SPECIFICATIONS, AND ESTIMATE 1. Quality Review-An independent review of the contract documents assures the City of San Bernardino a package that is buildable. While delivery of high quality plans is a top priority, elements such as utility coordination, and relocation, and potential traffic handling are emphasized in the review. .'~ .;~ l;. c:: C ~ >. .-~ _...r-\-' " ,I ,-~ , ~ f- J..,? 1 f".J C; - '- - .,- Approved PS&E-The package receives a quality review by AEI-CASC. Further modifications are made and considered complete and ready for bid. Final Submittal-Upon the City's approval of the 100% PS&E package, AEI-CASC will prepare Mylar drawings for signature, engineer stamp and sign a hard copy of the specifications, and provide electronic files of the plans and specifications to the City. C. PROJECT MANGEMENT Attend one progress meeting, prepare a progress report, and perform general coordination and management functions associated with Phase III-Final Plans, Specifications and Estimate. May 15, 2001 / Cj.rASC= "";:"-';r""'\)_.._. '_. = "'.;(.If'.,I( I-RING AE1.CASC ENGINEERI:'iG Exhihit "2" HOURL Y FEE RATE SCHEDULE FOR PREVAILING \VAGE January 1, 2001 The following rates shall apply to services provided on a time-and-materials basis. Rates reflected are ,- hourly. ~ President/Principal Engineering Director Senior Project Manager/ Project Manager Assistant Project Manager/Senior Projecl Engineer Senior DesignerIProject Engineer/Calculator/Survey Analyst Design EngineerIDesigner CADD Designer Senior CADD Drafter CADD Drafter ClericallMiscellaneous Office Work Resident Engineer Assislant Resident Engineer Senior Field Inspector Field Inspector Planning Director Senior Planner Planner Assislant Planner CML ENGINEERlNG AND SURVEYING SERVICES . - Three Person Survey/GPS Crew Two Person Survey/GPS Crew One Person Survey/GPS Crew $ [27.00 115.00 [08.00 92.00 86.00 82.00 74.00 68.00 52.00 48.00 $ 102.00 92.00 82.00 72.00 $ [[0.00 92.00 79.00 69.00 $ 225.00 [84.00 163.00 --- OTHER SERVICES Litigation ConsultantlExpert Witness Computer Time $ 280.00 [5.00 RE~BURSABLEEXPENSES The following services will be billed at cost plus [5%: Reproduclion Services: Includes blueprinting, copying, printing, and plotting. In-house plols will be billed at $6.00 per sheet for each clienl set and for a final in-house review set. The client is welcome to contract directly with an outside reprographic firm for those services not provided in-house. Rental Eauipment and Fees: Any equipment rental and any fees advanced by our firm including plan check and filing fees. Commercial Deliverv Services: Including Express Mail, Federal Express, UPS, and independent courier services. .--. '-' In-House Pick-Up and Deliverv Services: These services provided by our firm will be reimbursed at $30.00 per hour. In addition, mileage will be billed at $0.34 per mile with no markup. Travel Expenses: Mileage to and from the job site will be billed at a rate of $.34 per mile with no markup and travel time will be billed at $75.00 per hour, per man, one-way. Airfare will be billed at cost plus 15%. Per Diem: Per diem for overnight stays will be billed at $127 per day, per man. Waiver of Subro!!ation: If the client requires a Waiver of Subrogation the client will be required to pay the additional insurance premium for Ihis request. The approximant amount for the waiver is $250.00 NOTE: Invoicing will be submitted on a monthly, progressive cycle. . CITY CLERK'S OFFICE RACHEL G. CLARK, C.M.C. . CITY CLERK " P.O. Box 1318. San Bernardino' CA 92402 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002' Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.cLsan-bernardino.ca.us June 25, 2001 Caesar Aquilar, P.E. AEI CASC Engineering 937 South Via Lata, Suite 500 Colton, CA 92324 Dear Mr. Aquilar, At the Mayor and Common Council meeting of June 18, 2001, the City of San Bernardino adopted Resolution 2001-189 - Resolution authorizing the execution of an agreement with AEI CASC Engineering for Civil Engineering Services for pavement rehabilitation. Enclosed is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P,O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreement for your files. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by August 17,2001. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, /;.~ (,:> I~ t{ ':_ r-'(" Michelle Taylor Senior Secretary Enclosure cc: Ron B1ymiller, Development Services CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty AEI.CASC ENGINEERING LETTER OF TRANSMITTAL Date: Project July 2, 2001 77603 To: Ms. Michelle Taylor CITY OF SAN BERNARDINO 300 North "0" Street San Bernardino, CA 92418-000 I Transmitted are Ihe following items via Federal Express: . One (I) signed original agreement We have transmitted these items: o ~ For Approval o o For Your Use As Requested For Review and Commenl Comments: If you have any questions please call (909) 783-0101. Thank you. Copies To: file 77603 3.1 SignedC~~ Christine Hudson ProjecI Coordinator 937 S. Via Lata. Suite 500 Colton. CA 92324 (909) 783-0101. FAX: (909) 783-0108 CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: July 3, 2001 TO: Ron B1ymiller, Engineering Assistant III FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-189 - AEI CASe Engineering CC: Finance Attached is a copy of the executed agreement for civil engineering services for pavement rehabilitation between the City of San Bernardino and AEI CASC Engineering. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. ...' ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): f.o - \ 1<-0 \ Item # 2 () Resolution # Vote: Ayes (-, Nays --e-- Abslain B- Change to motion to amend original documents: 'ZeD! - \ ~ Absent B- Reso. # On Attachments:..L...... Contract term: Note on Resolution of Attachment stored separately: -=---- Direct City Clerk to (circle 1): PUBLISH, POST, RECORD W/COUNTY NullNoid After: bo D~S ! ~ - (,--01 I By: Date Sent to Mayor: (, -70 - 0 \ Date of Mayor's Signature: G:,- 2.\ -D I Date of Clerk/CDC Signature: Co - 22 -6 \ Reso. Log Updated: V Seal Impressed: ~ Date Memo/Letter Sent for Signature: '.a - d <; -0 I 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ,.../ Date Returned: ,- 3 -0 \ See Attached: See Attached: Request for Council Action & Staff Report Attached: Updated Prior Resolutions (Other Than Below): Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634): Updated CDC Personnel Folders (5557): Updated Traffic Folders (3985, 8234, 655, 92-389): Yes ./' No By - Yes No v' By Yes No ,/ By Yes No ,/ By Yes N07 B Copies Distributed to: City Attorney ./ Code Compliance Dev. Services../ EDA Finance / MIS Parks & Rec. Police Public Services Water Others: Notes: BEFORE FILING, REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contrad Term, etc.) Ready to File: ~ Date: (-3 -0 \ Revised 01/12/01