HomeMy WebLinkAbout39-Public Works
File No 1.653
CITY OF SAN BERN)(RDINO - REQUEST fo~R COUNCIL ACTION
From:
ROGER G. HARDGRAVE
Subject:
Authoriz&tion t.o Execute Agreement
for Professional Services - South
liE II Street Bridge -- MOFFATT &
NICHOL, ENGINEERS
~
Dept:
Public Works/Engineering
Date:
6-02-88
Synopsis of Previous Council action:
7-87
Sum of $250,000 budgeted in 1987/88 Budget for engineering
design of South "E" Street Bridge.
Authorization to nominate project for FAU Funding.
12-87
Recommended motion:
, Adopt resolution.
cc: Jim Robbins
Jim Penman
Jim Richardson
Andy Green
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Signature
Contact person:
Gene R. Klatt
~taff Keport,
Supporting data attached: Re sol uti 0 n, Ag reeme n t
Phone:
5125
Finance:
3
242-362-57653
~~
Ward:
FUNDING REQUIREMENTS: Amount: $157,500
Widen South "E" Street Bridge M4036
Sou rce:
Council Notes:
Aaenda Item NO.c39,
CITY OF SAN BERN)(RDINO - REQUEST f-~R COUNCIL ACTION
STAFF REPORT
Letters of interest were solicited from 19 civil engi-
neering firms. None of these firms responded. A screening
committee selected the following 4 firms to receive Requests
for Proposals:
1. Parsons Brinkerhoff
2. DMJ M
3. CM Engineering/Moffatt & Nichol Engineers
4. Willdan Associates
The proposals submitted by these firms were reviewed by
an interview board, comprised of the following persons:
1. Councilman Flores/Phil Arvizo
2. Bill Collins - San Bernardino County
3. Richard Bennecke - Mayor's Office
4. Bob Austin - Caltrans
5. Gene Klatt - Assistant City Engineer
6. Roger Hardgrave - Dir. of Public Works/City Engineer
After carefully evaluating the proposals, the board selec-
ted Moffatt & Nichol Engineers as the most capable firm to provide
the desired design engineering services at this time. An Agree-
ment for Professional Services has accordingly been negotiated
with Moffatt & Nichol Engineers. This agreement provides, in
general, that Moffatt & Nichol Engineers will prepare the plans,
specifications, estimates, environmental documents and right-of-
way documents, on a time and material basis not to exceed
$157,500.
Moffatt & Nichol Engineers is working in cooperation with
C M Engineering. This is the design team that designed the
existing bridge.
The Memorandum of Understanding states that the City will
be responsible for preliminary engineering (preparation of plans,
specifications, etc.)
Funds to finance the costs incurred for services under
this Agreement are allocated in Account No. 242-362-57653.
We recommend that this Agreement be approved.
6-02-88
75-0264
1
RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH MOFFATT & NICHOL, ENGINEERS
3 RELATING TO THE ENGINEERING DESIGN OF WIDENING OF SOUTH liE II
STREET BRIDGE OVER THE SANTA ANA RIVER.
4
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
5 CITY OF SAN BERNARDINO AS FOLLOWS:
6
SECTION 1. The Mayor of the City of San Bernardino is
7 hereby authorized and directed to execute, on behalf of said
8 City, an agreement with Moffatt & Nichol, Engineers relating to
9 the engineering design of South "E" Street Bridge Widening at
10 the Santa Ana River, which agreement is attached hereto, marked
11 Exhibit "A" and incorporated herein by reference as fully as
12 though set forth at 1 ength.
13
SECTION 2. The agreement shall not take effect until
14 fully signed and executed by both parties. The City shall not
15 be obligated hereunder unless and until the agreement is fully
16 executed and no oral agreement relating thereto shall be implied
17 or authori zed.
18
I HEREBY CERTIFY that the foregoing resolution was
19 duly adopted by the Mayor and Common Council of the City of San
20 Bernardino at a
meeting thereof, held on the
, 1988, by the following vote, to-wit:
21 day of
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AYES:
Council Members
NAYS:
ABSENT:
City Clerk
6/02/88
RES: EXECUTING AGREEMENT WITH MOFFATT & NICHOL, ENGINEERS,
RELATING TO DESIGN OF SOUTH "E" STREET BRIDGE
I The foregoing resolution is hereby approved this
2 day 0 f
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Approved as to form and
1 ega 1 content:
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10 r! torney
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6/02/88
, 1988.
Evlyn Wilcox, Mayor
City of San Bernardino
- 2 -
.
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into the ______day of
, 1988, by and between the CITY OF SAN
BERNARDINo,--a-munIcipa1 corporation, hereinafter called "City",
and MOFFATT & NICHOL, ENGINEERS, a California corporation,
hereinafter called "Engineer".
WITNESSETH
WHEREAS, City desires to obtain professional services to
prepare plans, specifications, and estimates, to construct an
extension or expansion of an existing bridge or a parallel
bridge to such existing bridge over the Santa Ana River at "E"
Street; for approach work for a four-lane roadway at each side of
the river at such bridge and to determine the feasibility of a
connection of Fairway Drive to South "E" Street; and,
WHEREAS, in order to develop such plans, specifications and
estimates, 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.
NOW, THEREFORE, it is mutually agreed, as follows:
1. GENERAL
Engineer shall perform those services specified in "Scope of
Services", a copy of which is attached hereto as Exhibit "B" and
incorporated herein as though set forth in full.
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 hereto upon
the mutual agreement in writing of the parties.
2. TERM
The services of Engineer are to commence within thirty (30)
days after the City has authorized work to start by issuance of a
Notice to Proceed. The schedule calendar dates specifically set
forth in Exhibit "c" attached hereto and incorporated herein as
though set forth in full, for completion dates will be adjusted
by Engineer as the City authorizes the work. Such adjustments
JFW:ss
June 23, 1988
1
shall require City approval prior to commencement of performance
of each phase. This Agreement shall expire as specified by the
Exhibit "C" schedule, unless an extension is executed by written
Agreement of the parties. The Engineer shall complete all work
product and design in conformance with Caltrans Standard
Specifications and Standard Drawings, City of San Bernardino
Standard Drawings and San Bernardino County Flood Control
District Standards.
3. COMPENSATION
A. The City shall reimburse the Engineer for actual costs
(including labor costs, employee benefits, overhead, other
direct and indirect costs) incurred by the Engineer in
performance of the work, in an amount not to exceed $157,500.
The rates for actual costs shall not exceed the estimated wage
rates and other costs as set forth in Exhibit "D", attached
hereto and incorporated herein as though set forth in full.
Said reimbursement shall not be altered unless there is
significant alteration in the scope, complexity or character of
the work to be performed. Any such significant alteration shall
be agreed upon in writing by City and Engineer before
commencement of performance of such significant alteration by
Engineer.
Total expenditures made under this contract, including the
net reimbursement and any amount of profit shall not exceed the
sum of $157,500.00.
B.
Services
City and
is to be
Adjustment of total cost of Professional Engineering
will be permitted when the Engineer establishes and the
Caltrans have agreed in writing, that there has been or
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; or
3. Duration of work if the change from the time
period specified in the Agreement for Completion of the
work warrants such adjustment.
C. Federal Acquisition Regulation Title 48CFR, Chapter 1,
Subpart 31 shall control allowable elements of cost for contracts
with commercial organizations.
D. 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
JFW:ss
June 23, 1988
2
accordance with California Labor Code Section 1775.
3. EXTRA SERVICES
No extra services shall be rendered by Engineer under this
Agreement unless such extra services are authorized, in writing,
by City through its Public Works/Engineer, prior to the
performance of such work. Authorized extra services shall be
invoiced based on Engineer's "Schedule of Hourly Rates" dated 27
May 1988, a copy of which is attached hereto as Exhibit "E" and
incorporated herein as though set forth in full.
4. PAYMENT BY CITY
The billings for all services rendered pursuant to this
Agreement shall be submitted monthly 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 five (5)
days of billing, and a meet and confer meeting for purposes of
resolution of such dispute shall be initiated by City within five
(5) days of notice of such dispute. Interest of one (1%) 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
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 30 days
of the invoice date if the amount in dispute is resolved in favor
of the Engineer. Any attorney's fees or other costs incurred in
collecting any delinquent amount shall be paid to the prevailing
party.
5. SUPERVISION OF SERVICES
The Director of Public Works of City, or his designee, shall
have the right of general supervision of 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 Public Works or his designee.
6. ASSURANCE OF 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 or national origin.
Engineer agrees to take affirmative action to ensure that
applicants are employed and employees are treated during
employment without regard to their race, color, religion, sex,
mari tal status or national origin. Such action shall include,
but not be limited to, the following:. Employment; upgrading,
demotion or transfer; recruitment or recruitment advertising; and
JFW:ss
June 23, 1988
3
designated representatives. In addition, Engineer shall not
exclude from participation under this Agreement any employee or
applicant for employment on the basis of age under the Age
Discrimination Act of 1975 or with respect to an otherwise
qualified handicapped individual as provided in Section 504 of
the Rehabilitation Act of 1973 or religion except that any
exemption from such prohibition against discrimination on the
basis of religion as provided in the Civil Rights Acts of 1964 or
Title VIII of April 11, 1968, as amended, shall also apply.
7. TERMINATION OF AGREEMENT
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 20 days following date of such
notice within which to correct that substantial failure giving
rise to such notice. In the event of termination of thi s
Agreement, City shall within thirty (30) days pay Engineer for
all the fees, charges and services performed to Ci ty' 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 representative, 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 continue within
45 days of termination. Any subsequent use of such incomplete
documents 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 "B".
This agreement may be terminated for the convenience of the
City upon 20 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.
Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall continue
until satisfction of all obligations arising from such
termination.
8. INDEPENDENT CONTRACTOR
A. Engineer shall act as an independent contractor in the
performance of its services provided under this Agreement and
shall furnish such services in Engineer's own manner and methods
and in no respect be considered an agent or employee of City.
JFW:ss
June 24, 1988
4
B. Any document or written report prepared for or under the
direction of a state of local agency, which is prepared in whole
or in part by nonemployees of such agency, shall contain the
numbers and dollar amounts of all contracts and subcontracts
relating to the preparation of such document or written report;
provided, however, that the total cost for work performed by
nonemployees of the agency exceeds five thousand dollars
($5,000.00). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of such document
or written report.
9. NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part
by Engineer without the written consent of City.
10. SUBCONTRACTS EXCEEDING $10,000
All subcontracts exceeding $10,000.00, shall contain all
required provisions of the prime contract.
11. HOLD HARMLESS
Engineer hereby agrees to indemnify and hold City, its
elective and appointive boards, officers and employees harmless
from any liability for damage or claims for damage for personal
injury, including death, as well as from claims for property
damage, which may arise from Engineer's negligent acts, errors or
omissions under this Agreement. Engineer shall defend City from
litigation, arising from Engineer's performance of the project(s)
for which this Agreement is made at Engineer's expense.
12. NOTICES
Official notices relative to the services provided under
this Agreement shall be in writing addressed to the following:
AS TO ENGINEER
AS TO CITY
Mr. Walter E. Hurtienne
Vice President
250 W. Wardlow Road
Long Beach, California 90807
Mr. Roger C. Hardgrave
Director of Public Works/
City Engineer
300 North "D" Street
San Bernardino, CA 92418
13. All Agreements on Engineer's part are contingent upon
and Engineer shall not be responsible for damages or be in
default, or be deemed to be in default, by reason of delays in
performance by reason of strikes, lock-outs, accidents, acts of
God and other delays unavoidable or beyond Engineer's reasonable
control, or due to shortages or unavailability of labor at
established area wage rate or delays caused by failure of City
or City's agents to furnish information or to approve or
JFW:ss
June 24, 1988
5
disapprove Engineer's work promptly, or due to late or slow, or
faulty performance by City, other contractors, or governmental
agencies, the performance of whose work is precedent to or
concurrent with the performance of Engineer's work. In the case
of the happening of any such cause of delay, the time of
completion shall be extended accordingly. Engineer shall
notify City within 3 days and in writing when it becomes aware of
any event or circumstances for which it claims or may claim an
extension.
14. All tracings, survey notes, and other original
documents are instruments of service and shall remain the
property of Engineer except where by law or precedent these
documents become public property. All such documents or records
shall be made accessible to the City under conditions as set
forth in Section 7 of this Agreement. The consultant shall
maintain all records for inspection by the City, State, FHWA or
their duly authorized representative for a period of three (3~
years after final payment to the consultant. The responsible
consultant shall stamp and sign all specifications, estimates,
plans and engineering data furnished, and, where appropriate,
indicate registration number.
15. Engineer's liability to the City for injury or damage
to persons or property arising out of work performed by the City
and for which legal liability may be found to rest upon Engineer,
other than for professional errors and omissions, will be limited
to $1,000,000. For any damage on account of any error, omission
or other professional negligence Engineer's liability, will be
limited to a sum not to exceed $50,000 or Engineer's fee,
whichever is greater.
16. Any opinion of the Construction Cost prepared by
Engineer represents his judgment 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.
If a Construction Cost limit is established by written
agreement between City and Engineer and specifically set forth in
a mutually agreed addendum to this Agreement, the following will
apply:
a. The acceptance by City at any time during the
services of a revised opinion of Construction Cost in
excess of the then established cost limit will
constitute a corresponding revision in the Construction
Cost limit to the extent indicated in such revised
opinion.
JFW:ss
June 24, 1988
6
b. Any Construction Cost limit so established
will include a contingency of ten percent unless
another amount is agreed upon in writing.
c. Engineer will be permitted to determine what
types of materials, equipment and component systems are
to be included in the Drawings and Specifications and
to make reasonable adjustments in the general scope,
extent and character of the project to bring it within
the cost limit.
d. If the bidding or negotiating phase has not
commenced within six months after completion of the
final Design Phase, the established Construction Cost
limit will not be binding on Engineer, and City shall
consent to an adjustment in such cost limit
commensurate with any applicable change in the general
level of prices in the construction industry between
the date of completion of the Final Design Phase and
the date on which proposals or bids are sought.
e. If the lowest bona fide proposal or bid
exceeds the established Engineer's Construction Cost
Estimate by 20 percent or more, City shall (1) given
written approval to increase such cost limits, (2)
authorize negotiating or rebidding the Project within a
reasonable time, or (3) cooperate in revising the
project's general scope, extent or character to the
extent consistent with the Project's requirements and
with sound engineering practice. In the case of (3),
Engineer shall modify the Contract Documents as
necessary to bring the Construction Cost within the
cost limit. In lieu of other compensation for services
in making such modifications, City shall pay Engineer,
Engineer's cost of such services, all overhead expenses
and reimbursable expenses reasonably related thereto,
but not including profit, on account of such services.
The providing of such service will be the limit of
Engineer's responsibility in this regard and, having
done so, Engineer shall be entitled to payment for
services in accordance with this Agreement and will not
otherwise be liable for damages attributable to the
lowest bona fide proposal or bid exceeding the
established Construction Cost.
17. The City agrees that in accordance with generally
accepted construction practices, the construction contractor will
be required to assume sole and complete responsibility for site
conditions during the course of construction of the project,
including safety of all persons and property and that this
requirement shall be made to apply continuously and not be
limited to normal working hours.
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June 24, 1988
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18. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the
amount payable under this Agreement, then all litigation and
collection expenses, witness fees, and court costs, and
attorney's fees shall be paid to the prevailing party.
19. 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 effect, and to this end the
provisions of this Agreement are declared to be severable.
20. The City shall pay the costs of checking and inspection
fees, zoning and annexation application fees, assessment fees,
construction soils testing fees, and all other fees, permits,
bond premiums, and title company charges. 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 such unforeseen charges unless by mutual written
agreement of City and Engineer.
21. The City will require that any Contractor performing
work in connection with the construction contract documents
produced under this Agreement to hold harmless, indemnify and
defend the City, the Engineer, their consultants, and each of
their officers, agents and employees from any and all liability,
claims, losses or damage arising out of or alleged to arise from
the Contractor's negligence in the performance of the work
described in the construction contract documents, but not
including liability that may be due to the sole negligence of the
City, the Engineer, their consultants or their officers, agents
and employees.
The City will require the Contractor to provide Workers
Compensation and comprehensive general liability insurance,
including completed operations and contractual liability, with
the latter coverage sufficient to insure the Contractor's
indemnity, as above required; and, such insurance will include
the City, the Engineer, their consultants, and each of their
officers, agents and employees as additional insureds.
22. The Engineer shall be entitled to reasonably rely upon
the accuracy of data provided by the City without independent
evaluation.
23. The Engineer warrants that he has not employed or
retained any company or person, other than a bona fide employee
working for the Engineer, to solicit or secure this Agreement,
and that he has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage,
JFW:ss
June 24, 1988
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brokerage fee, gift or any other consideration, contingent upon
or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the local agency shall have
the right to annul this Agreement without liability, or at its
discretion to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
24. Engineer shall provide evidence of insurance in the
form of a policy of insurance, in which the City is named as an
additional named insured to the extent of the coverage required
by paragraph 15 of this agreement and Section 7-1.112(A)(1) of
Caltrans Standard Specifications.
25. Section 9-1.10 of the Caltrans Standard Specifications
is hereby specifically waived and made inapplicable to this
agreement. The parties hereto otherwise agree not to be bound by
any other requirement for 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.
26. This Agreement constitutes the full and complete
agreement for professional services between City and Engineer and
any modifications of this Agreement must be in writing and signed
by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the date first above written by their
respective officers duly authorized in that behalf.
CITY OF SAN BERNARDINO
a municipal corporation
ATTEST:
BY:
Evlyn Wilcox, Mayor
City Clerk
MOFFATT & NICHOL, ENGINEERS
BY:
Vice President
Approved as to form
and legal content:
LJ~
~y Attorney
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June 24, 1988
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#
CERTIFICATION OF LOCAL AGENCY
I HEREBY CERTIFY that I am the and duly
authorized representative of the Local Agency of City of San Bernardino, and
that the above consulting firm or his representative has not been required,
directly or indirectly as an express or implied condition in connection with
obtainmg or carrying out this Agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person; or
(b) pay, or agree to pay, to any firm, organization or person any fee,
contribution, donation or consideration of any kind for;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the State
Department of Transp<?rtation in connection with this Agreement involving
participation of Federal Aid Highway Funds, and is subject to applicable State
and Federal laws, both crimina[ and civil.
(Signature)
(Date)
.
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am the Vice President and duly authorized
representative of the firm of Moffatt & Nichol, Engineers, and that neither I nor
the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage,
contingent fee or other consideration, any firm or person (other than a bona fide
employee working solely for me or the above consultant) to solicit or secure this
Agreement;
(b) agreed, as an express or implied condition for obtaining this contract,
to employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
(c) paid, or agreed to pay, to any firm, organization or person (other
than a bona fide employee working solely for me or the above consultant any
fee, contribution, donation or consiaeration of any kind for, or in connection
with, procuring or carrying out the Agreement;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the State
Department of Trans~rtation in connection with this Agreement involving
participation of Federal Aid Highway Funds, and is subJect to applicable State
and Federal laws, both criminaf and civil.
(Signature)
(Date)
,
EXHIBIT "B"
SCOPE OF SERVICES
The tasks for the South "E" Street bridge widening have been divided into three
phases.
Phase I: Preliminary Engineering
Phase I is the data gathering and investigative portion of the project, as well as
developing the preliminary Ciesign and study for the intersections and the right-
of-way considerations.
A separate study in the preliminary phase portion is to be conducted to
determine how the Fairway Drive ana South E Street intersection can be
handled relative to the intersection control or the termination of the street. This
also affects the right-of-way considerations, particularly in the northwest
quadrant.
Aerial topography will be used as a basis for developing the preliminary
engineenng tasks, as well as forming the background for Phase II Final Design.
Additional Borings at the bridge will be taken in this phase.
There are many utilities within the area, including sewer siphon,
telephone/ electrical lines, and the Riverside Water Company facilities. The
affect on the widening will be assessed and initial contact and relocation
notification addressed.
At the completion of the Phase I, a short project. report would be prepared for
the City's review and upon their concurrence being forwarded to Caltrans for
their concurrence for use in federal funding requirements if needed.
At the end of this phase would be an approved preliminary concept and
estimates that woufd form the basis for aeveloping final plans and specifications.
Prepare documentation necessary for the City to process permits from:
o U.S. Army Corps of Engineers
o San Bernardino County Flood Control District
o Fish and Wildlife Resources (State and Federal)
The tasks in Phase I are summarized as follows:
Phase I: Preliminary Engineering
1. Utility Research
2. Traffic Circulation STudy
3. Soils Investigation
4. Aerial and Design
5. Corps of Engineers Permit Process
6. FloOd Control Permit Process
7. Water Quality Permit Process
8. City Coordination
9. Utility Coordination
10. Right-of-Way Mapping
11. Fairway Drive Analysis
12. Prelinunary Bridge Alternates
13. Preliminary Engineering Report
14. Agency Review
15. Right-of-Way Certification and Acquisition
Phase IT: Final Design
Phase IT is the implementation or development of the final plans and
specifications and the necessary review process.
This phase would be the development of the right-of-way and requirements and
the necessary certification if Federal funds are going to be utilized in the project.
The on-ground design survey will be accompliShed in this phase, supplementing
and augmenting the aerial topography obtained in Phase 1.
If Federal funds are to be utilized, then the project plans would be submitted to
Caltrans for their approval for Federal requirements. At the completion of this
project would be a set of contract documents approved and ready for
advertising through either an assessment district project if desired by the City or
through Federal funding processes.
The Tasks in Phase IT are summarized as follows:
Phase II: Final Plans, Specifications and Estimates
1. Develop Street Plans
2. Develop Utility Relocation Plans
3. Develop Storm Drain Plans
4. Develop Bridge Widening Plans
5. SignaliZation Plans
6. Construction Traffic Control
7. 60% Design Submittal
8. Agency Review
9. Develop Specifications
10. Develop Estimates
11. Final Design Submittal (100%)
12. Caltrans Review
13. Final Design Plans, Specifications and Estimates
Phase ill: Construction Services
This portion of the project is providing the necessary construction services
commensurate with the City's desires. At the present it would be assumed that
the inspection process would be performed essentially by the City providing for
resident engineering services and the Moffatt & Nichol/CM Engineering team
would provide services upon request. And are summarized fonows:
Phase ill: Construction Services
1. Ad vertising and Bids
2. Construction
In determining the costs associated with the Scope of Services, the following
conditions were assumed:
1. Traffic data will be furnished by the City.
2. Environmental clearance has been obtained or will be provided for
as a separate service.
3. Right of Way Acquisition will be provided by others. Services
herein are limited to descriptions of property immediately adjacent
to the existing street Right of Way.
4. The existing bridge structure is in a condition that will allow for
widening and no retrofitting for seismic or other considerations is
required.
5. On ground survey cross-sections are required and are included in
the service fees. If the survey was only to augment the aerial
topography there would be some reduction of the sections.
6. Utility relocations, if required, will be accomplished by the .
indiVidual utility services, or provided for under separate service
agreement.
7. No new traffic signal installations are required, existing signal
systems require only modifications I '
8. Any permit fees, bonds, public hearings, notifications and
testing/investigation required will be provided by the City.
9. All work in Phase I and Phase II will be completed prior to July
1989.
EXI-llBIT "C"
SCHEDULE OF COMPLETION DATES
PHASE I - Preliminary Engineering will be completed within 105 calendar days
after Notice to Proceed
PHASE II - Final Design will be completed within 200 calendar days after
approval of the Phase 1 engineering report.
PHASE ill - Construction Services - This is dependent upon time of advertising
and construction type.
Based on timely reviews by all parties a tentative schedule will be as follows:
Notice to Proceed and Audit ----------- 1 July 1988
Complete Phase I ------------- 15 October 1988
Agency Review Completion ------------ 15 November 1988
Pliase II Completion -------------- 1 June 1989
Begin Construction ---------- 1 August 1989
EXHIBIT "D"
ENGINEERING SERVICE FEES
SUMMARY
TASKS
Phase I: Preliminary Engineering
1. Utility Research
2. Traffic Circulation Analysis
3. Soils Investigations
4. Aerial and Design Survey
5. Corps of Engineers Permit
6. San Bernardino County Flood Control Permit
7. Water Quality Permit
8. City Coordination
9. Utility Coordination
10. Right of Way Mapping
11. Fairway Drive Analysis
12. Preliminary Bridge Alternates
13. Preliminary Engineering Report
14. Agency Review
15. Right of Way Acquisition and Certification
Subtotal Phase I, Preliminary Engineering
Phase II: Final Plans, Specifications, and Estimates
1. Develop Street Plans
2. Utility Relocation Plans (Coor Only) (By Others)
3. Develop Storm Drain Plans
4. Bridge Widening Plans
5. Signalization Modifications
6. Construction Traffic Control
7. 60% Design Review
8. Agency Review
9. Develop Specifications
FEES
1,595
1,118
11,758
12,516
640
1,024
512
6,073
2,680
2,102
2,578
3,074
5,049
2,425
636
9,455
1,262
1,445
45,090
909
3,646
1,584
2,120
13,658
$53,780
10. Develop Estimates
11. 100% Design Submittal
12. Caltrans Review
13. Final Design PS&E
Subtotal Phase II, Final PS&E
2,167
1,582
3,644
1,547
$88,103
Phase ill: Construction Services
These services will be provided on an as required basis when the type of
construction contract and construction funding is determined. These will be
provided on a cost-plus-fixed basis.
Reimbursables
Reproduction
Miscellaneous (Travel, Telephone, FAX, etc.)
Computer Costs
$250
$677
$500 $1,427
SUBTOTAL PHASE 1 AND PHASE II
FIXED FEE (PROFIT)
TOTAL COST
$143,310
$ 14.190
$157,500
EXl-llBIT "D"
DETAILED COST
PHASE 1 - PRELIMINARY ENGINEERING
Direct Labor Hours Rate Total
Project Manager 68 36.63 2490
Project En~neer 62 30.23 1873
Structural ngineer 88 24.87 2187
Civil Engineer 8 24.47 196
Drafting 13 16.10 209
Typing 7 13.29 93
Subtotal 7048
Indirect Costs (Overhead)
Overhead Rate $70.40 x 119.3% = $8408 $15,456
SubConsultants
Hours Rate Total
Moore & Taber (Geotechnical) $12,300
CM Engineering Associates (Survey) $15,500
CM Engineering Associates (Roadway) $10,524
Su total $38,324 $53,780
SUBTOTAL PHASE I $53,780
PHASE II - FINAL DESIGN
Direct Labor Hours Rate Total
Project Manager 64 36.63 2446
Project En~neer 126 30.23 3810
Structural ngineer 380 24.87 9528
Civil Engineer 86 24.47 2105
~ecification 120 25.58 2830
rafting 615 16.10 9740
Typing 2 13.29 704
Subtotal $31060
Indirect Cost (Overhead)
$31,060 x 119.3% = 37053 $68,113
SubConsultants
Hours Rate Total
CM Engineering Associates (Roadway) $19,990 $88,103
Direct Costs (Except Labor)
Reproduction $250
Misc. Travel, FAX $677
Computer Costs $500
Subtotal PHASE II
Subtotal PHASE I and II
Fixed Fee (Profit)
TOTAL PHASE I AND II
$1427
$89,530
$143,310
$14,190
$157,500
t:- /1011
'(-flIBtT
BACK - UP DATA
.........".
LOtI. e.aeN. eAlIPH_'.
PROJECT 5t:5 ''E'I Ilr-eef- P l-/#fF.:r
M f' N POP 71n'J
DATE
NO. DE seR I PT ION PM PE SE ev eo ME EE ST SP OR TV 101
/ ut/l7:t /4se(;~l -
7_ Tr 61l;, A'/1~~(/J -
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t ~ .l5 CFe. C;.\ pf';- ;'1.-, /1- I~~r- / J/' ~ g / //
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f)r~/1?r,~e f7i':'~1 jJtb~ -
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8
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BACK - UP DATA
..... IlaC", ca"wetI_.a
PROJECT ~~ 'r".../ 1/!t!,1- - PIIASf- D
III f,() 'p;,II~n
DATE
NO. DESCRIPTION PM PE SE CV CO ME EE ST SP DR TY
I Dp~11 pine <' !-?e ef Piau) tile. L/ 4 g
2- 1/ ./..; 1/ ~ f/fJ;;' air n., ({~(HPI, ) if 'i 8 10 U
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c/ t? ~ // ('/~ /,.((~d~?fr~'_ PM u , 10 ~ "14'/.. I~l) 5[5 /D ,1'17
5 ~/ .., / Ii ..'/ - /. /. r .- " '2,. 6
/0 ~ff;' 'Vi ri....,. /" r v · ( I"-t
6 ';#1/ f. -!;t7J/4- 1I~,6.,/. If 1- ~
to ~ f)eJ~~~ -
1 RfJA/ll'w r r )L{ 2 ;~
f I-ldteUCq P-U/(~c.J 'I /(, ~ -5 '2., 12-
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f ,/ -- 4/; , b' .'2t..( 14>
15 .ev.f fvp f7-<-~ I~: ( ::JI:.;~ -' 1:-0 , 'l() 19t?
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I:,; D.f(/t:h~ rJ!-,Ik6. kJ /0 /0 Lj ~
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4 u b ft7 fr:s/ &1/ /7t StV ~ 110 k: ;;, /5!J
-
8
,
EXHIBIT "E"
***********************************
MOFFATT & NICHOL ENGINEERS
RATE SCHEDULE
***********************************
27-May-88
DIRECT
LABOR
COST (*)
OVERHEAD
119.3%
CLASSIFICATION
PROJECT MANAGER
$46.16
$36.63
101.22
PRINCIPALS
80.34
PROJECT ENGINEER
$30.23
66.29
COASTAL SCIENTIST
$30.94
67.86
ELECTRICAL ENGINEER
$27.98
$30.64
61. 37
MECHANICAL ENGINEER
67.19
STRUCTURAL ENGINEER
$24.87
54.55
COASTAL/HARBOR ENGINEER
$21.21
46.51
CIVIL ENGINEER
$24.47
53.65
STAFF ENGINEER
$16.54
36.27
ARCHITECTS
$24.51
53.74
SPECIFICATIONS
$23.58
$16.10
$13.29
51.72
DRAFTER
35.30
WORD PROCESSING
29.15
GENERAL CLERICAL
$12.25
26.87
*
Includes anticipated 5 percent salary increase
in June 1988
'R~
-"__ w~ !~a L.r, ..."_; .~IiIN...INII
\
\
\
A'.Ot:IAT.I!. I~C.
L'\ N D ~ L .l. ~, fI; , '" ~ A'" .1 S l. P \ :; \ "\ I)
PIlVUUNQ tDUtU.Y I1Wte RATES .
~,t 1"7
D1IUNEtRING
AII11bnt Engineer
Auoe1ate Engll'l8ll'
Chll Engi....r
Sen10t Civll Engineer
Principal [ngineu
ItrincJ.pel ean.,lt.,t
"....rch A..iltant
Delineate;
Dr.rtl~
lenior Dnrt,l'
o..1aner
Swor Dn!gI'IIr
Principal OeNgnar
InllplOtor
"'.00
J5.oo
67.00
74.00
71.50
15.00
)1.00
38.00
".50
48.00
SI.OO
61.50
67.00
)6.00
PLANNING
A..ilt.ant P lltlner
Pann.r
SenJ.or Planner
Principal It laMer
'rincipal Can8Ultant
U.DO
61.50
74.00
71.50
.~.OO
SJRV[YING
Field SurvIY Superv180r
Principal Surveyor
,-t4." Crew
2 Men C~.
Trav.l Tt.e - , Man Crew (In .xc... ar 8 haut.)
Travd Ti_ - 2 Man enw (In lICe... of 8 hour.)
65.00
71.50
U'.DD
124.00
11.00
59.00
ADMINISTRATIVE SERVICES
Typ1IVCllrlc
IIIord PfOCell1"'Q Dpu'tor
Adldn1lt1'8tiv. Aaa1ltant
23.00
2I.DO
34.00
MIS::ELLANEDUS SERVICES All) ElCPENW
Caurt _ur.no., 100.00 (4 Hr. Nin)
COlIputel' ]0.00 (t HI'. fUn)
MU,. .n/HU.
Subl1atenc, Coat
Dutil. Servle.a Coat 1t1u1 1~
Mlhrial. , OtNIr EICp....... Colt ,Jut 201
.. All t.t.. are IUbjec:t to ohange at -..otl t1IIe .. ...,~.tatnb we IlIda .. .
1'I1LI 1 t of agr....nh t ullU'y IdJult.lnb J WId !ncna..c2 bue.inue IlCpen....
225 E. Airport Or. · P.O. 90x 6087, San Bernardino, Call10rnla U.12 . Phone (71.) 18. 8104 or (11.) 825-8562
.
...
EXHIBIT "A"
AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into the day of
__________________, 1988, by and between the-CITY-OF SAN
BERNARDINO, a municipal corporation, hereinafter called "City",
and MOFFATT & NICHOL, ENGINEERS, a California corporation,
hereinafter called "Engineer".
WITNESSETH
WHEREAS, City desires to obtain professional services to
prepare plans, specifications, and estimates, to construct an
extension or expansion of an existing bridge or a parallel
bridge to such existing bridge over the Santa Ana River at "E"
Street; for approach work for a four-lane roadway at each side of
the river at such bridge and to determine the feasibility of a
connection of Fairway Drive to South "E" Street; and,
WHEREAS, in order to develop such plans, specifications and
estimates, 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.
NOW, THEREFORE, it is mutually agreed, as follows:
1. GENERAL
Engineer shall perform those services specified in "Scope of
Services", a copy of which is attached hereto as Exhibit "B" and
incorporated herein as though set forth in full.
Performance of the work specified in the "Scope of
Services" is made art obligation of Engineer under this
Agreement, subject to any changes made subsequently hereto upon
the mutual agreement in writing of the parties.
2. TERM
The services of Engineer are to commence within thirty (30)
days after the City has authorized work to start by issuance of a
Notice to Proceed. The schedule calendar dates specifically set
forth in Exhibit "c" attached hereto and incorporated herein as
though set forth in full, for completion dates will be adjusted
by Engineer as the City authorizes the work. Such adjustments
JFW:ss
June 23, 1988
1
Or
shall require City approval prior to commencement of performance
of each phase. This Agreement shall expire as specified by the
Exhibit "C" schedule, unless an extension is executed by written
Agreement of the parties. The Engineer shall complete all work
product and design in conformance with Caltrans Standard
Specifications and Standard Drawings, City of San Bernardino
Standard Drawings and San Bernardino County Flood Control
District Standards.
3. COMPENSATION
A. The City shall reimburse the Engineer for actual costs
(including labor costs, employee benefits, overhead, other
direct and indirect costs) incurred by the Engineer in
performance of the work, in an amount not to exceed $157,500.
The rates for actual costs shall not exceed the estimated wage
rates and other costs as set forth in Exhibit "D", attached
hereto and incorporated herein as though set forth in full.
Said reimbursement shall not be altered unless there is
significant alteration in the scope, complexity or character of
the work to be performed. Any such significant alteration shall
be agreed upon in writing by City and Engineer before
commencement of performance of such significant alteration by
Engineer.
Total expenditures made under this contract, including the
net reimbursement and any amount of profit shall not exceed the
sum of $157,500.00.
B.
Services
City and
is to be
Adjustment of total cost of Professional Engineering
will be permitted when the Engineer establishes and the
Caltrans have agreed in writing, that there has been or
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; or
3. Duration of work if the change from the time
period specified in the Agreement for Completion of the
work warrants such adjustment.
C. Federal Acquisition Regulation Title 48CFR, Chapter 1,
Subpart 31 shall control allowable elements of cost for contracts
with commercial organizations.
D. 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
JFW:ss
June 23, 1988
2
"
accordance with California Labor Code Section 1775.
3. EXTRA SERVICES
No extra services shall be rendered by Engineer under this
Agreement unless such extra services are authorized, in writing,
by City through its Public Works/Engineer, prior to the
performance of such work. Authorized extra services shall be
invoiced based on Engineer's "Schedule of Hourly Rates" dated 27
May 1988, a copy of which is attached hereto as Exhibit "E" and
incorporated herein as though set forth in full.
4. PAYMENT BY CITY
The billings for all services rendered pursuant to this
Agreement shall be submitted monthly 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 five (5)
days of billing, and a meet and confer meeting for purposes of
resolution of such dispute shall be initiated by City within five
(5) days of notice of such dispute. Interest of one (1%) 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
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 30 days
of the invoice date if the amount in dispute is resolved in favor
of the Engineer. Any attorney's fees or other costs incurred in
collecting any delinquent amount shall be paid to the prevailing
party.
5. SUPERVISION OF SERVICES
The Director of Public Works of City, or his designee, shall
have the right of general supervision of 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 Public Works or his designee.
6. ASSURANCE OF 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 or national origin.
Engineer agrees to take affirmative action to ensure that
applicants are employed and employees are treated during
employment without regard to their race, color, religion, sex,
mari tal status or national origin. Such action shall include,
but not be limited to, the following: Employment; upgrading,
demotion or transfer; recruitment or recruitment advertising; and
JFW:ss
June 23, 1988
3
.
designated representatives. In addition, Engineer shall not
exclude from participation under this Agreement any employee or
applicant for employment on the basis of age under the Age
Discrimination Act of 1975 or with respect to an otherwise
qualified handicapped individual as provided in Section 504 of
the Rehabilitation Act of 1973 or religion except that any
exemption from such prohibition against discrimination on the
basis of religion as provided in the Civil Rights Acts of 1964 or
Title VIII of April 11, 1968, as amended, shall also apply.
7. TERMINATION OF AGREEMENT
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 20 days following date of such
notice within which to correct that 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 representative, 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 continue within
45 days of termination. Any subsequent use of such incomplete
documents 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 "B".
This agreement may be terminated for the convenience of the
City upon 20 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.
Following the effective date of termination of this
Agreement pursuant to this section, the Agreement shall continue
until satisfction of all obligations arising from such
termination.
8. INDEPENDENT CONTRACTOR
A. Engineer shall act as an independent contractor in the
performance of its services provided under this Agreement and
shall furnish such services in Engineer's own manner and methods
and in no respect be considered an agent or employee of City.
JFW:ss
June 24, 1988
4
B. Any document or written report prepared for or under the
direction of a state of local agency, which is prepared in whole
or in part by nonemployees of such agency, shall contain the
numbers and dollar amounts of all contracts and subcontracts
relating to the preparation of such document or written report;
provided, however, that the total cost for work performed by
nonemployees of the agency exceeds five thousand dollars
($5,000.00). The contract and subcontract numbers and dollar
amounts shall be contained in a separate section of such document
or written report.
9. NON-ASSIGNMENT
This Agreement is not assignable either in whole or in part
by Engineer without the written consent of City.
10. SUBCONTRACTS EXCEEDING $10,000
All subcontracts exceeding $10,000.00, shall contain all
required provisions of the prime contract.
11. HOLD HARMLESS
Engineer hereby agrees to indemnify and hold City, its
elective and appointive boards, officers and employees harmless
from any liability for damage or claims for damage for personal
injury, including death, as well as from claims for property
damage, which may arise from Engineer's negligent acts, errors or
omissions under this Agreement. Engineer shall defend City from
litigation, arising from Engineer's performance of the project(s)
for which this Agreement is made at Engineer's expense.
12. NOTICES
Official notices relative to the services provided under
this Agreement shall be in writing addressed to the following:
AS TO ENGINEER
AS TO CITY
Mr. Walter E. Hurtienne
Vice President
250 W. Wardlow Road
Long Beach, California 90807
Mr. Roger C. Hardgrave
Director of Public Works/
City Engineer
300 North "0" Street
San Bernardino, CA 92418
13. All Agreements on Engineer's part are contingent upon
and Engineer shall not be responsible for damages or be in
default, or be deemed to be in default, by reason of delays in
performance by reason of strikes, lock-outs, accidents, acts of
God and other delays unavoidable or beyond Engineer's reasonable
control, or due to shortages or unavailability of labor at
established area wage rate or delays caused by failure of City
or City's agents to furnish information or to approve or
JFW:ss
June 24, 1988
5
disapprove Engineer's work promptly, or due to late or slow, or
faulty performance by City, other contractors, or governmental
agencies, the performance of whose work is precedent to or
concurrent with the performance of Engineer's work. In the case
of the happening of any such cause of delay, the time of
completion shall be extended accordingly. Engineer shall
notify City within 3 days and in writing when it becomes aware of
any event or circumstances for which it claims or may claim an
extension.
14. All tracings, survey notes, and other original
documents are instruments of service and shall remain the
property of Engineer except where by law or precedent these
documents become public property. All such documents or records
shall be made accessible to the City under conditions as set
forth in Section 7 of this Agreement. The consultant shall
maintain all records for inspection by the City, State, FHWA or
their duly authorized representative for a period of three (3)
years after final payment to the consultant. The responsible
consultant shall stamp and sign all specifications, estimates,
plans and engineering data furnished, and, where appropriate,
indicate registration number.
15. Engineer's liability to the City for injury or damage
to persons or property arising out of work performed by the City
and for which legal liability may be found to rest upon Engineer,
other than for professional errors and omissions, will be limited
to $1,000,000. For any damage on account of any error, omission
or other professional negligence Engineer's liability, will be
limited to a sum not to exceed $50,000 or Engineer's fee,
whichever is greater.
16. Any opinion of the Construction Cost prepared by
Engineer represents his judgment 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.
If a Construction Cost limit is established by written
agreement between Ci~y and Engineer and specifically set forth in
a mutually agreed addendum to this Agreement, the fOllowing will
apply:
a. The acceptance by City at any time during the
services of a revised opinion of Construction Cost in
excess of the then established cost limit will
constitute a corresponding revision in the Construction
Cost limit to the extent indicated in such revised
opinion.
JFW:ss
June 24, 1988
6
b. Any Construction Cost limit so established
will include a contingency of ten percent unless
another amount is agreed upon in writing.
c. Engineer will be permitted to determine what
types of materials, equipment and component systems are
to be included in the Drawings and Specifications and
to make reasonable adjustments in the general scope,
extent and character of the project to bring it within
the cost limit.
d. If the bidding or negotiating phase has not
commenced within six months after completion of the
final Design Phase, the established Construction Cost
limit will not be binding on Engineer, and City shall
consent to an adjustment in such cost limit
commensurate with any applicable change in the general
level of prices in the construction industry between
the date of completion of the Final Design Phase and
the date on which proposals or bids are sought.
e. If the lowest bona fide proposal or bid
exceeds the established Engineer's Construction Cost
Estimate by 20 percent or more, City shall (1) given
written approval to increase such cost limits, (2)
authorize negotiating or rebidding the Project within a
reasonable time, or (3) cooperate in revising the
Project's general scope, extent or character to the
extent consistent with the Project's requirements and
with sound engineering practice. In the case of (3),
Engineer shall modify the Contract Documents as
necessary to bring the Construction Cost within the
cost limit. In lieu of other compensation for services
in making such modifications, City shall pay Engineer,
Engineer's cost of such services, all overhead expenses
and reimbursable expenses reasonably related thereto,
but not including profit, on account of such services.
The providing of such service will be the limit of
Engineer's responsibility in this regard and, having
done so, Engineer shall be entitled to payment for
services in accordance with this Agreement and will not
otherwise be liable for damages attributable to the
lowest bona fide proposal or bid exceeding the
established Construction Cost.
17. The City agrees that in accordance with generally
accepted construction practices, the construction contractor will
be required to assume sole and complete responsibility for site
conditions during the course of construction of the project,
including safety of all persons and property and that this
requirement shall be made to apply continuously and not be
limited to normal working hours.
JFW:ss
June 24, 1988
7
18. Should litigation be necessary to enforce any term or
provision of this Agreement, or to collect any portion of the
amount payable under this Agreement, then all litigation and
collection expenses, witness fees, and court costs, and
attorney's fees shall be paid to the prevailing party.
19. 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 effect, and to this end the
provisions of this Agreement are declared to be severable.
20. The City shall pay the costs of checking and inspection
fees, zoning and annexation application fees, assessment fees,
construction soils testing fees, and all other fees, permits,
bond premiums, and title company charges. 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 such unforeseen charges unless by mutual written
agreement of City and Engineer.
21. The City will require that any Contractor performing
work in connection with the construction contract documents
produced under this Agreement to hold harmless, indemnify and
defend the City, the Engineer, their consultants, and each of
their officers, agents and'employees from any and all liability,
claims, losses or damage arising out of or alleged to arise from
the Contractor's negligence in the performance of the work
described in the construction contract documents, but not
including liability that may be due to the sole negligence of the
City, the Engineer, their consultants or their officers, agents
and employees.
The City will require the Contractor to provide Workers
Compensation and comprehensive general liability insurance,
including completed operations and contractual liability, with
the latter coverage sufficient to insure the Contractor's
indemnity, as above required; and, such insurance will include
the City, the Engineer, their consultants, and each of their
officers, agents and employees as additional insureds.
22. The Engineer shall be entitled to reasonably rely upon
the accuracy of data provided by the City without independent
evaluation.
23. The Engineer warrants that he has not employed or
retained any company or person, other than a bona fide employee
working for the Engineer, to solicit or secure this Agreement,
and that he has not paid or agreed to pay any company or person,
other than a bona fide employee, any fee, commission, percentage,
JFW:ss
June 24, 1988
8
brokerage fee, gift or any other consideration, contingent upon
or resulting from the award or formation of this Agreement. For
breach or violation of this warranty, the local agency shall have
the right to annul this Agreement without liability, or at its
discretion to deduct from the Agreement price or consideration,
or otherwise recover, the full amount of such fee, commission,
percentage, brokerage fee, gift or contingent fee.
24. Engineer shall provide evidence of insurance in the
form of a policy of insurance, in which the City is named as an
additional named insured to the extent of the coverage required
by paragraph 15 of this agreement and Section 7-1.112(A)(1) of
Caltrans Standard Specifications.
25. Section 9-1.10 of the Caltrans Standard Specifications
is hereby specifically waived and made inapplicable to this
agreement. The parties hereto otherwise agree not to be bound by
any other requirement for 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.
26. This Agreement constitutes the full and complete
agreement for professional services between City and Engineer and
any modifications of this Agreement must be in writing and signed
by both parties.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed on the date first above written by their
respective officers duly authorized in that behalf.
CITY OF SAN BERNARDINO
a municipal corporation
ATTEST:
BY:
Evlyn Wilcox, Mayor
City Clerk
MOFFATT & NICHOL, ENGINEERS
BY:
Vice President
Approved as to form
~and legal c~~tent:
~J~~
y Attorney
JFW:ss
June 24, 1988
9
CERTIFICATION OF LOCAL AGENCY
I HEREBY CERTIFY that I am the and duly
authorized representative of the Local Agency of City of San Bernardino, and
that the above consulting firm or his representative has not been required,
directly or indirectly as an express or implied condition in connection with
obtaimng or carrying out this Agreement to:
(a) employ or retain, or agree to employ or retain, any firm or person; or
(b) pay, or agree to pay, to any firm, organization or person any fee,
contribution, donation or conSIderation of any Kind for;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the State
Department of Transp<?rtation in connection with this Agreement involving
participation of Federal Aid Highway Funds, and is subject to applicable State
and Federal laws, both criminaT and civil.
(Date)
(Signature)
CERTIFICATION OF CONSULTANT
I HEREBY CERTIFY that I am the Vice President and duly authorized
representative of the firm of Moffatt & Nichol, Engineers, and that neither I nor
the above firm I here represent has:
(a) employed or retained for a commission, percentage, brokerage,
contingent fee or other consideration, any firm or pE:rson (other than a bona fide
employee working solely for me or the above consultant) to solicit or secure this
Agreement;
(b) agreed, as an express or implied condition for obtaining this contract,
to employ or retain the services of any firm or person in connection with
carrying out the Agreement; or
(c) paid, or agreed to pay, to any firm, organization or person (other
than a bona fide employee working solely for me or the above consultant any
fee, contribution, donation or consiaeration of any kind for, or in connection
with, procuring or carrying out the Agreement;
except as here expressly stated (if any):
I acknowledge that this certificate is to be furnished to the State
Department of Trans~rtation in connection with this Agreement involving
participation of Federal Aid Highway Funds, and is subject to applicable State
and Federal laws, both crimina[ and civil.
(Signature)
(Date)
EXI-llBIT "B"
SCOPE OF SERVICES
The tasks for the South "E" Street bridge widening have been divided into three
phases.
Phase I: Preliminary Engineering
Phase I is the data gathering and investigative portion of the project, as well as
developing the prehminary design and study for the intersections and the right-
of-way considerations.
A separate studY' in the preliminary phase portion is to be conducted to
determine how the Fairway Drive and Soutb E Street intersection can be
handled relative to the intersection control or the termination of the street This
also affects the right-of-way considerations, particularly in the northwest
quadrant.
Aerial topography will be used as a basis for developing the preliminary
engineenng tasks, as well as forming the background for Phase n Final Design.
Additional Borings at the bridge will be taken in this phase.
There are many utilities within the area, including sewer siphon,
telephone/electrical lines, and the Riverside Water Company facilities. The
affect on the widening will be assessed and initial contact and relocation
notification addressed.
At the completion of the Phase I, a short project report would be prepared for
the City's review and upon their concurrence beipg forwarded to Caltrans for
their concurrence for use in federal funding requirements if needed.
At the end of this phase would be an approved preliminary concept and
estimates that woufd form the basis for developing final plans and specifications.
Prepare documentation necessary for the City to process permits from:
o U.S. Army Corps of Engineers
o San Bernardino County Flood Control District
o Fish and Wildlife Resources (State and Federal)
The tasks in Phase I are summarized as follows:
Phase I: Preliminary Engineering
1. Uti1iry Research
2. Traffic Circulation STudy
3. . Soils Investigation
.
4. Aerial and Design
5. Co~ of Engineers Permit Process
6. floOd Control Permit Process
7. Water Quality Permit Process
8. City Coordination
9. Utility Coordination
10. Right-of-Way MapEing
11. Fairway Drive AnalyslS
12. Preliminary Bridge Alternates
13. Preliminary Engineering Report
14. Agency Review
15. Right-of-Way Certification and Acquisition
Phase II: Final Design
Phase II is the implementation or development of the final plans and
specifications and the necessary review process.
This phase would be the development of the right-of-way and requirements and
the necessary certification if Federal funds are going to De utilized in the project.
The on-ground design survey will be accompliShed in this phase, supplementing
and augmenting the aerial topography obtained in Phase 1.
If Federal funds are to be utilized, then the project plans would be submitted to
Caltrans for their approval for Federal requirements. At the completion of this
project would be a set of contract documents approved and ready for
advertising through either. an assessment district project if desired by the City or
through Federal funding processes.
The Tasks in Phase II are summarized as follows:
Phase II: Final Plans, Specifications and Estimates
1. Develop Street Plans
2. Develop Utility Relocation Plans
3. Develop Storm Drain Plans
4. Develop Bridge Widening Plans
5. SignaliZation Plans
6. Construction Traffic Control
7. 60% Design Submittal
8. Agen~ Review
9. Develop Specifications
10. Develop Estimates
11. Final Design Submittal (100%)
12. Caltrans Review
13. Final Design Plans, Specifications and Estimates
Phase ill: Construction Services
This portion of the project is providing the necessary construction services
commensurate with the City's desires. At the present it would be assumed that
the inspection process would be performed essentially by the City providing for
,
resident en~eering services and the Moffatt & Nichol/C~l Engineering team
would proVlde services upon request. And are summarized fonows:
Phase ill: Construction Services
1. Advertising and Bids
2. Construction
In determining the costs associated with the Scope of Services, the following
conditions were assumed:
1. Traffic data will be furnished by the City.
2. Environmental clearance has been obtained or will be provided for
as a separate service.
3. Right of Way Acguisition will be provided by others. Services
herein are limited to descriptions of property immediately adjacent
to the existing street Right of Way.
4. The existing bridge structure is in a condition that will allow for
widening and no retrofitting for seismic or other considerations is
required.
5. On ground survey cross-sections are r~uired and are included in
the service fees. If the survey was only to augment the aerial
topography there would be some reduction of the sections.
6. Utility relocations, if required, will be accomplished by the
indivldual utility services, or provided for under separate service
agreement.
7. No new traffic signal installations are required, existing signal
systems require only modifications, '
8. Any permit fees, bonds, public hearings, notifications and
testing/investigation required will be provided by the City.
9. All work in Phase I and Phase II will be completed prior to July
1989.
EXl-llBIT "C"
SCHEDULE OF COMPLETION DATES
PHASE I - Preliminary Engineering will be completed within 105 calendar days
after Notice to Proceed
PHASE II - Final Design will be completed within 200 calendar days after
approval of the Phase 1 engineering report.
PHASE III - Construction Services - This is dependent upon time of advertising
and construction type.
Based on timely reviews by all parties a tentative schedule will be as follows:
Notice to Proceed and Audit ------ 1 July 1988
Complete Phase I --------- 15 October 1988
Agency Review Completion ----- 15 November 1988
Pnase II Completion ------- 1 June 1989
Begin Construction ------ 1 August 1989
EXHIBIT "D"
ENGINEERING SERVICE FEES
SUMMARY
TASKS
Phase I: Preliminary Engineering
1. Utility Research
2. Traffic Circulation Analysis
3. Soils Investigations
4. Aerial and Design Survey
5. Corps of Engineers Permit
6. San Bernardino County Flood Control Permit
7. Water Quality Permit
8. City Coordination
9. Utility Coordination
10. Right of Way Mapping
11. Fairway Drive Analysis
12. Preliminary Bridge Alternates
13. Preliminary Engineering Report
14. Agency Review
15. Right of Way Acquisition and Certification
Subtotal Phase I, Preliminary Engineering
Phase II: Final Plans, Specifications, and Estimates
1. Develop Street Plans
2. Utility Relocation Plans (Coor Only) (By Others)
3. Develop Storm Drain Plans
4. Bridge Widening Plans
5. Signalization Modifications
6. Construction Traffic Control
7. 60% Design Review
8. Agency Review
9. Develop Specifications
FEES
1,595
1,118
11,758
12,516
640
1,024
512
6,073
2,680
2,102
2,578
3,074
5,049
2,425
636
9,455
1,262
1,445
45,090
909
3,646
1,584
2,120
13,658
$53,780
10. Develop Estimates
11. 100% Design Submittal
12. Caltrans Review
13. Final Design PS&E
Subtotal Phase IT, Final PS&E
Phase ill: Construction Services
2,167
1,582
3,644
1,547
$88,103
These services will be provided on an as required basis when the type of
construction contract and construction funding is determined. These will be
provided on a cost-pIus-fixed basis.
Reimbursables
Reprod uction
Miscellaneous (Travel, Telephone, FAX, etc.)
Computer Costs
SUBTOTAL PHASE 1 AND PHASE II
FIXED FEE (PROm)
TOT AL COST
$250
$677
$500 $1,427
$143,310
$ 14,190
$157,500
EXHIBIT "0"
DETAILED COST
PHASE 1 - PRELIMINARY ENGINEERING
Direct Labor Hours Rate Total
Project Manager 68 36.63 2490
Project En~neer 62 30.23 1873
Structural ngineer 88 24.87 2187
Civil Engineer 8 24.47 196
Drafting 13 16.10 209
Typing 7 13.29 93
Subtotal 7048
Indirect Costs (Overhead)
Overhead Rate $70.40 x 119.3% = $8408 $15,456
SubConsultants
Hours Rate Total
Moore & Taber (Geotechnical) $12,300
CM Engineering Associates (Survey) $15,500
CM Engineering Associates (Roadway) $10,524
Su total $38,324 $53,780
SUBTOTAL PHASE I $53,780
PHASE II - FINAL DESIGN
Direct Labor Hours Rate Total
Project Manager 64 36.63 2446
Project En~neer 126 30.23 3810
Structural ngineer 380 24.87 9528
Civil Engineer 86 24.47 2105
i:frecification 120 25.58 2830
rafting 615 16.10 9740
Typing 2 13.29 704
Subtotal $31060
Indirect Cost (Overhead)
$31,060 x 119.3% = 37053 $68,113
SubConsultants
Hours Rate Total
CM Engineering Associates (Roadway) $19,990 $88,103
Direct Costs (Except Labor)
Reproduction $250
Misc. Travel, FAX $677
Computer Costs $500
Subtotal PHASE II
Subtotal PHASE I and II
Fixed Fee (Profit)
TOfAL PHASE I AND IT
$1427
$89,530
$143,310
$14,190
$157,500
~'~.
N Ie L.A I.'"''''''
&.ell' ".C", C.l.......
- 011
C 'f-HI€/T I'
BACK - UP DATA
PROJECT 6Ci 'tr" f fr.eef- P }//I-{F.z:
M ~ AI pOP 7///0
DATE
NO. OESCR IPTION PM PE SE CV CO ME EE 5T 5P OR TY i01
/ fit/I- k J3Je~~' -
,- -ry~ f1~ ~11~~('LJ -
~. ~ tJ / (f /.
Tu V~/ /..;0 ~ 4;a... -
tI J!-eI'U~ I (' Ulrl'f],,~ ~(/;V.et1' -
~ ( t'/.,t; e Pl'r'Vz~f- Af:,/ I '-I t:! I /6
t, ~BCFC.C; p~,. Ioz-., -' J- I~-;t: / tl ~ g / p
, .p
'7, \JJtll.~:/ 6///],. /~; P~h;'?J.1- I JI z I 8
~ Ci -k ;';;11,1: ( )jl(~Ir~~ ' v() i2 ~ 77
q / / I-i~'.i.; U-,,/ (8;,t(':"~ ;.'/~ . ~ //i, rtr'
t-! tV /Jf If /l ~ /u ~1 .
/0 -
/
I! " ~ /,\ '" 4- 6
Hll'Pft~ D/,/;~ j//~61':.";_/ (F~llw
j)r~1 ~,dbe 6/'/'8a1 jJ~~ ,
/Z, cg ~Z ~ 'If;
'p. /, ttJ 4- i./ f..)
I?' .E, H/OJ,;':- (Jk(~tkil, It, /~
. wi JdHl/l/V~)
8rt~c,4
if. /J_ 7 '"
I 2..u. .... J - Pr<J'~ - , !3 95 '-f '2()
It l ~/ ~ 1-/ I~'; t..4f-
'\ ;Z/ kI)j UltHl,'j,/loof,y J~'~..J -
, ...
I
- -
~q6/'fa/ N1 (IJ ~8 <<'- 88 ~ /'b /1, fSf
D
-
8
i~~~ .
" ' " L. .........,
.... ,"C". Ul""-'.
r::: 110 II
~ 'f.;..I1817
BACK - UP DATA
~t' '~/ J II'!~ f - P#/lSF D
NI f f.) ';P/;,!/P"
DATE
PROJECT
NO. DESCRIPTION PM PE SE tV CO ME EE ST SP DR TV
/ OP~ 1/ ",-I, r~ .{ Ire eI P!tiuJ III c- 1/ 4 g
'Z- 1/ ./-;(,' G 17~ t" /)1(11'1.. ((~~,pl,) l- t.! 8 10 1.17
~ It,,,.vf j)/'I1(~ /J(vw J LI I
.3 4- ?
d I? r i,l (',~ U/~O" 1It'W< ' - ,tJk u , Jo ~ 14.~ I~l) !is /0 9l/7
5 ~ ..,. / Iv';:'- /.~1 / tf '}" 6
~~f(/l' ivr."" r v 11"'-1
6 (';#1 / f. -r; ,-~", Ii~ fr-, /. If 1- ~
1 (,0 ~ f)tJrCfI'1 Reu"w r r- IL{ ~ ~~
t I-lq~U'q ;P..u/(~c.J Y /(, ~ ~ '2,. l~~
v
f ;) .f'ffP ~ ~I/~l" -j, ( aL'''"A ..;' t,. .'J.t.f 1:-0 , 120 'la 11/0
I. -: . -
I~ DRv~ht5 ~Jf-ilkl.k..! If /0 10 VI LI 15'2-
II //)r'/ ~ 'D-I'.rcv I h:- 1'f7q/ L.f 5 LI !5 1.() .5 l.f'fI
( , i It rzr.f if
It- t":n/T;au f f~/t~w y~
/3 /':;//6/ p! ~ ~ '-I 5 /1., c{ 7B
~ ,,,.
f"
.
~C/bfrfW (;1/ /7t StV <(t 110 6t~ ~l/ '~!J
.
EXHIBIT liE"
***********************************
MOFFATT & NICHOL ENGINEERS
RATE SCHEDULE
***********************************
27-May-88
DIRECT
LABOR
COST (*)
OVERHEAD
119.3%
CLASSIFICATION
PROJECT ENGINEER
$46.16
$36.63
$30.23
$30.94
101.22
PRINCIPALS
PROJECT MANAGER
80.34
66.29
COASTAL SCIENTIST
67.86
MECHANICAL ENGINEER
$27.98
61. 37
STRUCTURAL ENGINEER
$30.64
$24.87
67.19
ELECTRICAL ENGINEER
54.55
STAFF ENGINEER
$21.21
$24.47
$16.54
46.51
COASTAL/HARBOR ENGINEER
CIVIL ENGINEER
53.65
36.27
ARCHITECTS
$24.51
53.74
SPECIFICATIONS
$23.58
51. 72
DRAFTER
$16.10
$13.29
35.30
WORD PROCESSING
29.15
GENERAL CLERICAL
$12.25
26.87
* Includes anticipated 5 percent salary increase
in June 1988
r-:J ~.
\.. ~.~ I rn .~Ii'lf.B..lf61
. ~..... ...__ 4'_ -.... .... _
\
\
\
A'.OCIAT.., I~C.
L.\N 0 "L ~j\, lIji N~ ~ '\j.1 S l'~\':;\ '.\1)
PB.'IAtUfC taW,y IIWIC RATES .
AuQu.t 1"7
tNlIINmINQ
A..1It1nt Enaine.r
ANoe1ate Eng1f'l11l'
Cbl1 Engine.r
Stn10t Civil tngin.er
Principal Engineer
Prinr:.l Can.,ltlnt
R....rch A..iatarit
DlUneatoi
Dtaft.1'
IeNDI' D,.rt.r
Deligner
Stn10f Dn1gner
Principal Oee1pr
I MplOtol'
"6.00
55.00
67.00
74.00
71.50
U.OO
)1.DO
)8.DO
U..
48.00
51.00
61.50
67.DO
:N.DO
flLAPMlNG
A..iltant Planner
'lannIr
SeniDr Planner
Principal Planner
'rincipel eon.,ltant
"'.DD
61.50
74.DO
71.50
".DD
SJRYEYING
Filld SurvIY Superv1aor
Principal Surveyor
J~an Ch.
IMIne...
Tnv.l U.. - , *tl Crelll (In IXC." Df . hour.)
Trav.l Tile - 2 MIn Cre. (In I~'" or 8 houri)
66.00
71.50
'u5.oo
124.00
8.00
59.00
ADMINISTRATIVE $&RVICES
lyp,lIVClll'6c
Wiard PI'OOeu1"G Optrator
Adldn1'\l'Itlvl AIt1.tant
JJ.ClO
2I.DO
34.00
M!!C[L4NEDUS SERVICES All) tllPEN"S
CaLlrt AppNrInO.1 100.00 (4 Hr. Mln)
CDllpUter 10.00 (t Hr. M:Ln)
MU.. . 35/MU.
bl1.tenc. CPt
Outl1dt Sel"Ylo'l Coat P1u1 l~
"tll'1l1. , Other E1Cpen'" CHt ,Jut 201
· All ate. ate IUbJec:t to change at &loti t1IlI .. III:IJYIlt.nt. ue ... _ a
1'I...U of IgfHlllnh t ealuy tdjultIlInta, Md incnlMCt bu-.l..... Ixpen.l.
22& e. Airpo" Dr. · P.O. Box 8087, San Bernardino, California 824'2. PhOI'l8 (714) 184 1104 or (7'4) 825-e5e2