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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Date:
June 13, 2001 O. ':'11'" ~. I~ L
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Subject: Authorization to execute Agreements
with Engineering Resources of Southern
California, Inc. for Civil Engineering Services
for pavement rehabilitation at Mt. View Avenue
between Mill Street & Cluster Street; Pershing
A venue between Mill Street & Cluster Street
and Cluster Street between Arrowhead A venue
& Sierra Way.
Dept: Development Services
File: 1.7221
MCC Date: 06/18/01
Synopsis of Previous Council Action:
3/27/01 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
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-\j James Funk
Contact person:
Ron Blymiller, Engineering Associate
Phone:
5154
Supporting data attached: Staff Report. Reso, Scope, Map & Agree. Ward: 3
FUNDING REQUIREMENTS: Amount:
'1;479';1 00
Source: (Acct. No.) 125-378-5504-7221
Acct. Description: Pavement rehabilitation
Finance:
Council Notes
Agenda Item No. .1.l
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City of San Bernardino - Request for Council Action
Staff Report
Subiect:
Authorization to execute Agreements with Engineering Resources of Southern California, Inc.
for Civil Engineering Services for pavement rehabilitation at Mt. View Avenue between Mill
Street & Cluster Street; Pershing A venue between Mill Street & Cluster Street and Cluster
SIreet between Arrowhead Avenue & Sierra Way.
Backe: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 AB 2928 projects on March 27, 2001. 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 conunittee consisting of Ray Casey, City Engineer; Jarb Thaipejr, Senior Civil
Engineers; and Ronald B1ymiller, Engineering Associate, reviewed the RFP's and selected one
firm, based on their qualifications, that were submitted in the RFP's for Mt. View Avenue
between Mill Street & Cluster Street; Pershing A venue between Mill Street & Cluster Street
and Cluster Street between Arrowhead Avenue & Sierra Way.
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 conunittee determined that Engineering
Resources of Southern California, Inc. was the best qualified to provide the necessary services.
The conunittee 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 Impact:
Cost for services associated with this contract shall be not to exceed $47,953 with a
contingency amount of $4,795.
Funding for this project 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. 125-378-5504-7221 ($325,000) (Mt. View Avenue between
Mill Street & Cluster Street; Pershing A venue between Mill Street & Cluster Street and
Cluster Street between Arrowhead Avenue & Sierra Way).
Recommendation:
Adopt Resolution.
. . CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subiect:
Authorization to submit project applications and conunit local match funding for the FY 2001
Congestion Mitigation/Air Quality (CMAQ) Program.
Backl!round:
San Bernardino Associated Governments (SANBAG) has announced a "Call for Projects" to
allocate FY 2001/02 CMAQ funds. This funding is available through the 1997 Transportation
Equity Act which mandates that CMAQ funding must be spent on projects that contribute to the
attainment and maintenance of the National Ambient Air Quality Standard. On June 4, 2001, the
Mayor and Conunon Council also approved a CMAQ request in the amount of $91 8,000 for the
construction of an East Valley Regional LNG/LCNG Fueling Station.
The total funding available for distribution in this cycle is $17.4 million. Funding will be
awarded to those projects that demonstrate the greatest measurable reductions in vehicular
congestion and air pollution emissions.
Staff recommends the submittal of three (3) public works projects that meet CMAQ guidelines
and are currently listed in the City's Capital Improvement Program. The total local match of
$109,600 includes "in-house" project design, administration, and inspection, and will be funded
from the City's Traffic Systems Fund. Although the LNG/LCNG Station has been identified as
the City's top priority for CMAQ funding, these three additional projects may also receive funds.
Capital Improvement Prol!ram
Location Project Budget Year Account Project Local
Descrintion Cost Match
Inland Center Dr. Install Class VII $47,600 2001/02 Measure I $394,000 $47,600
(Class I): City limits to Bike Lanes/Coop.
Mill St.! "G" St. (II) project with City
Street: Mill St. to 3'd St. of Colton as Lead
Agency
Waterman Ave. at Upgrade traffic $ 40,000 1999/00 Traffic $140,000 $ 17,000
Washington St. (Barton signal. Systems
Road) Cooperative
project with City
of Colton
University Pkwy at Upgrade traffic $ 60,000 1999/00 Traffic $124,000 $ 45,000
Kendall Dr. signal Svstems
Totals $658,000 $109,600
Financial Imnact:
The projected local share for these projects will be approximately $109,600; $62,000 will be
funded from Account No. 250-370-5504-7176 & 7177 (Traffic Systems Fund) and $47,600 from
Account No. 129-367-5504-xxxx "unallocated fund balance" (1/2 cent Sales and Road Tax).
Therefore, the approval of these project application submittals would represent an overall
reduction in current projected allocations. The local matches for the City's individual projects
were calculated to maximize the chances to receive positive responses to the project funding
applications.
Recommendation:
Adopt Resolution.
City of San Bernardino, California
. ~ Department of Development Services/Public Works Division
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+ . '~ Project Locations
for the following Projects
Pavement Rehabilitation at
Mt. View Avenue
Between Mill St. and Cluster St.
&
Pershing Avenue
Between Mill St. and Hilda St.
&
Cluster Street
BetweenArrowheadAve. and Sierra Way
IA 7A.
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RESOLUTI~; ~~ ~l
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR
CIVIL ENGINEERING SERVICES FOR MT. VIEW AVENUE, MILL STREET TO
CLUSTER STREET; PERSHING AVENUE, MILL STREET TO HILDA STREET AND
CLUSTER STREET, ARROWHEAD TO SIERRA WAY STREET IMPROVEMENTS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor is authorized to execute the Agreement for Professional
Services with Engineering Resources of Southern California, Inc. for Civil Engineering
Services for Mt. View Avenue, Mill Street to Cluster Street; Pershing Avenue, Mill Street to
Hilda Street and Cluster Street, Arrowhead Avenue to Sierra Way street improvements. A
contract is entered into with said firm for the actual costs incurred, not 10 exceed $47,953.00,
with a contingency amount of $4,795.00, but such Agreement shall be effective only upon
being fully executed by both parties. The Mayor is hereby authorized and directed to 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 at length.
SECTION 2. This agreement and any amendment or modifications thereto shall not
take effect or become operative until fully signed and executed by the parties and no party shall
be obligated hereunder until the time of such full execution. No oral agreements, amendments,
modifications 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 the parties to the contract fail to execute it
within sixty (60) days of passage of the resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT
WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR
CIVIL ENGINEERING SERVICES FOR MT. VIEW A VENUE, MILL STREET TO
CLUSTER STREET; PERSHING AVENUE, MILL STREET TO HILDA STREET AND
CLUSTER STREET, ARROWHEAD TO SIERRA WAY STREET IMPROVEMENTS.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City'of San Bernardino at a
meeting thereof, held on the
_ day of
,2001, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
LIEN
MC GINNIS
SCHNETZ
SUAREZ
ANDERSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2001.
Judith Valles, Mayor
City of San Bernardino
Approved as to
25 form and legal content:
26 JAMES F. PENMAN,
27 City Attorney
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Exhibit "An
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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 Engineering Resources of Southern California, Inc., 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 the Mt. View Avenue, Mill Street to Cluster Street; Pershing Avenue, Mill
Street to Hilda Street and Cluster Street, Arrowhead Avenue to Sierra Way 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 Bernardino City Council has elected to engage the services of Engineer upon the
terms and conditions as hereinafter set forth; and
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NOW, THEREFORE, it is mutually agreed, as follows:
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1. SCOPE OF SERVICES
Engineer shall perform those services specified in "Scope of Services" and as contained in the
Proposal dated May 15, 2001, and as amended by the May 29,2001 letter (which are both
attached as Exhibit" I" and on file at the City Clerk's Office) and the Hourly Fee Breakdown,
a copy of which is attached hereto as Exhibit "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
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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.
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4. CHANGES/EXTRA SERVICES
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A.
Performance of the work specified in the" Scope of Services", is made an obligaIion of
Engineer under Ihis Agreemenr, subject to any changes made subsequently upon mUlual
agreement of the parties. All such changes shall be considered as additional tasks and
shall be incorporaIed 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 nOI be binding on either
party.
B. No eXIra services shall be rendered by Engineer under this Agreement unless CiIy
aUIhorizes such extra services in writing prior to performance of such work.
AUIhorized extra services shall be invoiced based on the authorized additional task
amounrs.
5. COMPENSATION
A.
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B.
The CiIy shall reimburse the Engineer for actual costs (including labor costs, employee
benefiIs. overhead, profiI, other direct and indirect costs) incurred by the Engineer in
performance of the work, in an amounr not 10 exceed $47.953.00. Actual costs shall nOI
exceed Ihe estimated wage raIes and other costs as set forth in Exhibit "2" attached
hereto and incorporated herein as though set forth in full.
Said compensation shall not be altered unless there is significant alIeration 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 commencemenr of performance of
such significant alteraIion by Engineer.
Any adjustmenr of the IOIal cost of services will only be permitted when the Engineer
eSIablishes and City has agreed in writing that there has been. or is to be, a significant
change in:
I. 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 adjusImenr.
C. The Engineer is required 10 comply with all Federal, Slate and local laws and
ordinances applicable 10 the work. The Engineer is required to comply with prevailing
wage rates in accordance with California Labor Code Section 1770.
D.
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The Engineer agrees that the Contract COSI Principles and Procedures, 48 CFR,
Federal Acquisition Regulations System, Chapter I, part 31 et seq., shall be used to
determine the allowability of individual items of cost.
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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
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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
nO! 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 9-1.1 0 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.
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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.
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The Office of Federal Highway Administration may review and inspect the Engineer's
activities during the progress of the program.
8. COMPLIANCE WITH CIVIL 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
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A.
This Agreement may be terminated by either party upon thirty- (30) days' written
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
anorney's fees and liability 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
wrinen 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.
10.
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 noI 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
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"changes" provision of this Agreement. Engineer shaIl 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 shaIl 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
13.
Engineer shaIl 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.
NOTICES
All official notices relative to this Agreement shall be in writing and addressed to the following
representatives of Engineer and City:
ENGINEER
Mr. J. Matt Brodin P.E.
Engineering Resources
Of Southern California, Inc.
1820 Commercenter Circle
San Bernardino, CA 92408
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 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 specificaIly 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 shaIl 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
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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., \\;'hen applicable, and other matters connected with the performance of the
contract pursuant to Government Code Section 8546.7, the Engineer, subconsuItant,
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 COSI 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
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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 damages, arising from or connected with Engineer's operations, or
any aspect of its performance under this Agreement.
19. LlABILlTY/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
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.
ComDrehensive 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.
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C.
Worker's Comoensation 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.
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AGREEMENT FOR Professional Services with Engineering Resources of Southern California. Inc.
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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
City Attorney
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ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA, INC.
BY:
Signature
NAME:
TITLE:
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FROM ENGINEERING RESOURCES 999 899 9995
2991. 5.29 15:22
P. 2
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MaY29,2001
Exhibit "1"
Mr. Ray Casey
City Bngil\ccr
CITY OJlo'S4N BERNARDINO
DEVELO~MENT SERVICES DEPARTMENT
300 N. MOM Street
San Bernardino, CA 92418-0001
RE: REVISED SCOPE" nE PROPOSAL TO PROVIDE PROFESSIONAL DESIGN
SERVICES FOR PAVEMENT REHABILITATION PROJECTS AT:
. Mt. View Avoaue between MID Street IDd aUlter Street
. . Penb/ul Aveaae betw~D Mill Street aDd BUda Street
. Clulter Street betwoen Arrowhead AnDD' aDd S/el'l'll Way
Door Mr. Casey;
We have revised the acopt oftbe engineering servicel from that submitted to the city on M.y IS, 200/
per our ineeting held on May 29,2001.
C. The striping plans will be eliminated from the scope ofwork and any oxi.ting pavement markings to be
rep~aced will be .hown on the Itreet ImproVClllent plans.
Nlnyo d Moore will design the p8vomont structural sections for a T.l. of9.0 (commercial) On all aeotiona
of street except thaI portion of Persh ing Avenue, botween Cluster Stroot and Mill Street, which will be
designed for a T.I. of 6.5 (resIdential).
Per our discussion, we will prepare the improvement plan. in a Mplan only" fonnat on double plan view
sheets at tho scale of I" '" 40', Our field work will verily the lypieal.ec:tions 10 be used on each of tho
streets,
Evol)' effort will be made to complete tho project draWings and specifications wIthin the eight week
design schedulc,
. Attached is a revised spreadsheet indicating a reduced project foo estImate of $47,953.00.
Thank you again for the opportunity to be of service to tho CilyofSan Beman/lno.
Respectfully submitted, .
,.-.
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1820 CoI.tMEllCecvlTER CfICLa, 8M IIIIul.o.RDtJo. llALPOIlHlA ~30
PHONE (VOl) 1lllO-1255 . "All (801) no.oees
PROJECT APPROACH
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After Notice to Proceed and Ihe initial kick-off meeting with the ciiy
staff, the project will begin with the gathering of the data. This data
will include utiltiy infonnalion, field surveys and a geotechnical
investigation to delennine Ihe existing pavement and subbase section of
the exisling roadway.
Uliliiy letters will be senl to the appropriate agencies as soon as
possible. It has been our experience that some agencies do nOI respond
as quickly as we would like and immediate follow is necessary.
The field surveys will include the horizontal control for the project
limits. It will identify the existing centerlines, top of curbs, flowlines
and edge of pavement. It will also locate the culture items such and
poles, manholes, fire hydrants, etc,
Geotechnical Investigations will begin with a pavement coring program.
The corings will be of sufficient depth to identify the pavement
thickness as well as Ihe base and subbase material thickness. The usual
program will include core samples at 500 foot intervals and at other
locations as juslified by field conditions. This data will then be
compiled and integrated wilh the ciiy provided Traffic Index and a
pavement structural section recommendation will be provided in a report
fonnat.
r
\".. The pavement structural sections will be selected for the various
roadway sections, Plans will be prepared indicating areas of removals
and overlays and will include street iypical sections indicating the
complele structural seclion.of the roadway,
No traffic signal loop replacements are required for this project.
Project specifications and cost estimates will be developed assuming
one construction package. The standard ciiy specification boiler plate
for slreet rehabililalion will be revised as required to fit the project.
Cost estimates will be prepared utilizing the latest cost data the ciiy has
based on recently bid projects. The specifications will be submitted in
WordPerfect 2000. Olher fonnats are available at the request of the ciiy.
All plans will be submitted 10 the ciiy in 24" x 36" mylar sheets with
slandard ciiy title blocks and construction notes. ERSC prepares plans
in AutoCad 2000 fonnat. Olher fonnats are available at the request of
the city.
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PROJECT APPROACH
ENGINEERING RESOURCES OF SOllTHEIlN CAUFOlINlA,lNC
PROJECT UNDERSTANDING
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The project as described in the RFP incorporates three pavement rehabilitation projects into one
design package. These include Mountain View A venue, Pershing A venue and Cluster Street. All of
the streets are in the same area with a mix of industrial and older residential uses. We will briefly
discuss all projects and our field review observations.
Mountain View Avenue
The project segment is composed of one traffic lane in each
direction and is approximately 1800 feet in length. The
roadway is fully improved with curb and gutter and no
pavement striping exists.
Our review of the roadway substantiates the need for ..
pavement rehabilitation. Many local areas are severely .
rutted with substantial cracking and will required removal
and replacement of pavement. The balance of the roadway
appears in fair condition ~d can be overlaid.
Pershine: Avenue
This segment is composed of one lane of traffic in each
direction. The street is narrow from Mill Street to Cluster --:
,... and then widens from Cluster to Hilda Street. The roadway --
'- is fully improved with curb and gutter, however some areas
of curb were noted with standing water. The overall length
of the roadway segment is approximately 2700 feet.
Some areas are in fair to poor condition with several areas in
need of removal and replacement. Large cracks appear at the
centerline and evenly spaced sections of pavement indicating
the existing AC pavement many be over a concrete roadway.
Cluster Street
This segment is composed of one lane of traffic in each
direction. The street is narrow from Arrowhead Avenue to ~
Sierra Way. The roadway is fully improved with curb and
gutter, however some areas of curb were noted with standing
water. The overall length of the roadway segment is
approximately 1400 feet.
Some areas are in fair to poor condition with several areas in
need of removal and replacement. The segment from Pershing
A venue to Arrowhead A venue appeared to have a more recent
r. overlay that the rest of the roadway.
'-
Project Understanding
ENGINEERING RESOURCES OF SOUTHERN CALlFORNIA,INC
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\."...
c
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FROM ENGINEERING RESOURCES 999 B99 e99~
2eel. ~.29 15:22
P. ,
Exhibit "2"
CITY OF SAN BERNARDINO
HOURL Y RATE SCHEDULE
CLASSIFICATION
PROJECT PRINCIPAL
PROJEQT MANAGER
SENIOR CIVIL ENGINEER
CIVIL ENGINEER
lAND SURVEYOR
CIVIL DESIGNER
CADD TECHNICIAN
ADMIN. ASSISTANT
2-MAN SURVEY CREW
HOURLY RATE
$ 125.00
$ 110.00
$ 95.00
S 80.00
S 90.00
S 70.00
$ 60.00
$ 35.00
$ 160.00
ENGINEERING RESOURCES OF SOUTHERN CAUFORNIA, INC.
MIW1.2:22PM S8_MtVlt"1I IIEIl REV 05200'..,., Hoully~,
,1-, . I.
...END...
CITY CLERK'S OmCE
RACHEL G. CLARK, C.M.C. - CITY CLERK
""
P.O. Box 1318' San Bernardino' CA 92402
300 North "0" Street. San Bernardino' CA92418-0001
909.384.5002' Fax: 909.384.5158
Business Registration Division: 909.384.5302
Passport Acceptance Facility: 909.384.5128
www.ci.san-bernardino.ca.us
June 25, 2001
1. Matt Brudin, P.E.
Engineering Resources of Southern California, Inc.
1820 Commercenter Circle
San Bernardino, CA 92408
Dear Mr. Brudin,
At the Mayor and Common Council meeting of June 18, 2001, the City of San Bernardino
adopted Resolution 2001-190 - Resolution authorizing the execution of an agreement with
Engineering Resources of Southern California. Inc., 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 r
... '.( , ~. t' \
Michelle Taylor
Senior Secretary
Enclosure
cc: Ron Blymiller, Development Services
CITY OF SAN BERNARDINO
ADOPTED SHARED VALUES: Integrity' Accountability' Respect for Human Dignity' Honesty
, -.
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
July 2, 2001
TO:
Finance
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2001-190 - Engineering Resources of Southern California, Inc.
CC:
Attached is a copy of the executed agreement for pavement rehabilitation between the City of
San Bernardino and Engineering Resources of Southern California, Inc. 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): fa-I ~'Ol Item #
Vote: Ayes 1- '( Nays .e-
Change to motion to amend original documents:
'2 I Resolution #
Abstain -6
200[- 19a
Absent B
Reso. # On Attachments: / Contract term: -
Note on Resolution of Attachment stored separately: --=--
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Null/Void After: (00 Drr j ) k' -n--t> I
By: -
Date Sent 10 Mayor: Co -70-0\
Date of Mayor's Signature: (,,_ --Z I--O(
Date ofClerk/CDC Signalure: (,- 2'-2 -D I
Reso. Log Updated:
Seal Impressed:
../
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Date Memo/Letter Sent for Signature:
Cr;x - 0 \
See Attached:"/ Date Returned: (;, - d'" -0 I
See Attached:
See Attached:
60 Day Reminder Letter Sent on 30lh day:
90 Day Reminder Letter Sent on 45th day:
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 ,,/
Yes
Yes
Yes
Yes
No
No~
No ./
No ,/
No -y
By
By
By
By
By_
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 NOT A TIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term, etc.)
Ready to File:m,.---
Date:t-d-C) I
Revised 0 I / 12/0 I