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HomeMy WebLinkAbout14 Development ServicesZ CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION From: Michael E. Hays, Director Subject: Resolution Approving Amended Dept: Development Services Agreement with Parsons Brinckerhoff op;Quade & Douglas, Inc. for Professional IV, i j L Engineering Services for Design of Mt. Date: August 18, 1999 Vernon Viaduct over BNSF Railroad. MCC Date: 09 -07 -1999 Synopsis of Previous Council Action: 03 -04 -96 Approval given to submit request for authorization of funds under Federal Aid Highway HBRR Program. 11 -04 -96 Approval of $20,000 for preparation of conceptual plan approved. 05 -19 -97 Authorization to execute agreement for professional services with DMJM for conceptual plan approved. 03 -15 -99 Adopted Resolution authorizing execution of professional engineering services agreement with Parsons Brinckerhoff Quade & Douglas, Inc. 07 -06 -99 Approved Budget carry -over of $498,200 in account No. 129- 367 -5504 -7121 as local matching funds for Mt. Vernon Grade Separation at BNSF. Recommended Motion: Adopt Resolution. Signature( Contact person: Michael Grubbs, Acting City Engineer Phone: 5179 Supporting data attached: Staff Report, Reso. & Agreement Ward: 1 & 3 FUNDING REQUIREMENTS: Amount: Source: (Acct. No.) Acct. Description: Council Notes: Finance: Agenda Item No. /Y 9/7/9 CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Staff Report Subject: Resolution Approving Amended Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for Professional Engineering Services for Design of Mt. Vernon Viaduct over BNSF Railroad. Background: In 1997, the City was allocated $7.2 million in Federal Highway Administration Highway Bridge Replacement and Rehabilitation (HBRR) funding for replacement of the Mt. Vernon Viaduct over BNSF Railroad. In addition, the bridge had been previously identified by Caltrans as eligible to be seismically retrofitted under a Caltrans program to retrofit all eligible bridges in California. Under this program, the City was allocated an additional $2.9 million to combine with the $7.2 million HBRR money for a total allocation of $10.1 million. A local match of 11 % is required for the HBRR funding, however, no local match is required for the Seismic Retrofit funding. In December of 1998 interviews were conducted to select a consultant to conduct the environmental studies and design the project. Parsons Brinckerhoff Quade & Douglas, Inc. (PBQD) was selected to perform the work and, on March 15, 1999, the Mayor and Common Council awarded a contract to that firm. In order to qualify for reimbursement, the City was required to submit a "Pre -Award Audit" of PBQD's accounting system to Caltrans for review and approval. The Pre -Award Audit was submitted to Caltrans Local Assistance on June 9, 1999. The Audit was forwarded to the Caltrans Sacramento Office and comments were received by the City on August 5, 1999. Although none of the Pre -Award Audit comments involve significant changes, a number of modifications to the Agreement are required to comply with Caltrans comments on the Pre - Award Audit. The changes are outlined in Synopsis of Changes (See Attachment 1). Subsequent to the approval of the original Agreement on March 15, 1999, public representatives at a meeting raised the concern that the scope of work did not adequately address the issue of turning movement safety at each end of the bridge. PBQD has submitted a modification to their proposal to address this safety concern at an additional cost of $14,190.00. This brings the total cost of the Agreement to $949,560.00. 89% of which is reimbursable through Caltrans. A copy of the modification to the proposal is attached to the Amended Agreement at Exhibit "2". Upon approval of the Agreement and execution by all parties, a Notice to Proceed (NOP) can be given to the Consultant. Following is the anticipated schedule for the project: 1. Notice to Proceed October 1999 2. Phase I (Environmental) 13 Months November 2000 3. Phase II (Design) 7 Months May 2001 4. Construction 18 Months October 2002 Financial Impact: Funding for the work covered by this Agreement will come from Federal HBRR funds which will require a local match of 11 %. Funding for the local match is available from Account No. 129 - 367 -5504 -7121. Recommendation: That the Mayor and Common Council adopt the attached Resolution Approving Amended Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for Professional Engineering Services for Design of Mt. Vernon Viaduct over BNSF Railroad. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17' 18 19 20 21 22 23 24 COPY RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNNARDINO AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITH PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR REPLACEMENT OF MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILROAD. 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 Amended Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for Professional Engineering and Design Services for Replacement of Mount Vernon Avenue viaduct over the BNSF Railroad Yard (Exhibit "A "). A contract is entered into with said firm for the total amount of $949,560.00, 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 and proposal is on file in the office of the City Clerk 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 o the contract fail to execute it within sixty (60) days of passage of the resolution. 25 26 27 281 1 2 3 4 5 6 7 8' 9! 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION ....... AUTHORIZING THE EXECUTION OF AN AMENDED AGREEMENT WITH PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. FOR PROFESSIONAL ENGINEERING AND DESIGN SERVICES FOR REPLACEMENT OF MOUNT VERNON AVENUE VIADUCT OVER BNSF RAILROAD. 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 , 1999, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA LIEN MCGINNIS SCHNETZ (VACANT 5th Ward) ANDERSON MILLER City Clerk The foregoing ordinance is hereby approved this 1999. Approved as to Form and legal content: JAI Cit day of , Judith Valles, Mayor City of San Bernardino SYNOPSIS OF CHANGES TO AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 FROM: ORIGINAL TO: WORDING ON PAGE # ITEM # CHANGE # WORDING AMENDED AGREEMENT 1 1 ST a. Agreement Paragraph 1 1St b. day of 1999, Paragraph 1 4th C. ...terms and conditions as Paragraph hereinafter set forth 1 5th d. Added Paragraph 1 1. e. October 23, 1998,... 1 1. f. Letter 1 1. g. Exhibits 1, 2 and 3 1 2. h. The Phase I 1 2. i. The scheduled completion dates specifically set forth in pages 4 -31 and 32 of Exhibit 1 attached hereto and incorporated herein as though set forth in full will be adjusted by Engineer as the City authorizes the work. Such adjustments shall require City approval prior to commencement of performance of each phase. This Agreement shall expire as specified by the Exhibit 1 schedule unless extended by written agreement of the parties. 2 4. A. j. Incorporated by written amendments to this Agreement 1 Amended Agreement of 1999, ...terms and conditions as hereinafter set forth; and WHEREAS, the City and Engineer have previously executed an agreement dated April 8, 1999 which shall be superseded by this Amended Agreement pursuant to the Caltrans Pre -Award Audit Letter dated August 5, 1999. (which is on file at the City Clerk's Office) Letters dated February 22, 1999 and June 30, 1999, Exhibit "1" and Exhibit "2" The Services Phase I services shall be completed 380 days after Notice to Proceed unless amended by the City. The Phase II services shall not commence until a Notice to Proceed has been issued for that phase. Phase II services shall be completed 200 days after Notice to Proceed for Phase II unless amended by the City. Considered as additional tasks and SYNOPSIS OF CHANGES TO AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 FROM: ORIGINAL PAGE # ITEM # CHANGE # WORDING 2 5. A. k. $935,370 in arrears 2 4. B. I. Engineer's "Schedule of Hourly Rates" dated February 23, 1999, a copy of which is attached hereto as Exhibit 3 and incorporated herein as though set forth in full. 2 5. A. M. The City shall reimburse the Engineer for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Engineer in performance of the work, in an amount not to exceed $935.370.00. Actual costs shall not exceed the estimated wage rates and other costs as set forth in Exhibit 2 attached hereto and incorporated herein as though set forth in full. TO: WORDING ON AMENDED AGREEMENT $949,560, in arrears authorized additional task amounts. Upon satisfactory completion of the work, the Engineer will be paid a lump sum of $949,560, in arrears, 2 5. C. n. Local Local 2 5. D. ** Added The Engineer agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used to determine the allowability of individual items of cost. 2. 5. E. * ** Added 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 Goverments. 2. 5. F. * * ** Added Any costs for which payment has been made to Engineer that are determined by subsequent audit to be allowable 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. 2 SYNOPSIS OF GRANGES TO AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 3 8. Engineer will promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with Federal, State and Local Laws. 4 9. A. r. Attorney's 4 9. A. S. Engineer shall be compensated for such services in accordance with Exhibit 'A ". 4/5 13. t. Name of Contact Individual 3 TO: WORDING ON AMENDED AGREEMENT Any subcontract in excess of $10,000, entered into as a result of this contract, shall contain all the provisions of this Article. Every four (4) weeks ...not applicable to this Agreement. No payment will be made for any work performed prior to approval ofthis contract by City and notification to proceed has been issued by the Contract Manager. Engineer shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. attorney's Sentence deleted. Mr. Bedros M. Agopovich FROM: ORIGINAL PAGE # ITEM # CHANGE # WORDING 2. 5.G. * * * ** Added 2/3 6. A. o. Monthly 3 6. B. P. ...not applicable to this agreement 3 6. B. + q. C. Added 3 8. Engineer will promote affirmative action in its hiring practices and employee policies for minorities and other designated classes in accordance with Federal, State and Local Laws. 4 9. A. r. Attorney's 4 9. A. S. Engineer shall be compensated for such services in accordance with Exhibit 'A ". 4/5 13. t. Name of Contact Individual 3 TO: WORDING ON AMENDED AGREEMENT Any subcontract in excess of $10,000, entered into as a result of this contract, shall contain all the provisions of this Article. Every four (4) weeks ...not applicable to this Agreement. No payment will be made for any work performed prior to approval ofthis contract by City and notification to proceed has been issued by the Contract Manager. Engineer shall comply with all State and Federal Civil Rights Laws in its hiring practices and employee policies. attorney's Sentence deleted. Mr. Bedros M. Agopovich SYNOPSIS OF CHANGES TO AGREEMENT FOR PROFESSIONAL PAGE # 5 5+ 5+ SERVICES Attachment 1 FROM: ORIGINAL TO: WORDING ON ITEM # CHANGE # WORDING AMENDED AGREEMENT 14. C. U. All tracings, survey notes, Upon completion of all work under and other original this contract, ownership and title to documents are instruments all reports, documents, plans, of service and shall remain specifications, and estimates the property of Engineer produced as part of this contract will except where by law, automatically be vested in the City precedent, or agreement and no further agreement will be these documents become necessary to transfer ownership to public property. All such the City. documents or records shall be made accessible to City. Engineer shall maintain all records for inspection by the city, State, or their duly authorized representatives for a period of three (3) years after final payment. Engineer shall stamp and sign all specifications, estimates, plans and engineering data furnished, and where appropriate, indicate registration number. 14. D. v. Added 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. 14. E. W. Added 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. SYNOPSIS OF CHANGES TO AGREEMENT FOR PROFESSIONAL SERVICES Attachment 1 FROM: ORIGINAL TO: WORDING ON PAGE # ITEM # CHANGE # WORDING AMENDED AGREEMENT 5+ 14. F. X. Added Pursuant to Government Code Section 8546.7, the Engineer, subconsultant, 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, FHWA, 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. 6/7 17. C. Y. Agreement Agreement 6/7 19. B. Z. insured. Insureds. 8/9 Added Added Signature Page Add new signature page. I 1999 -228 C(opM AMENDED AGREEMENT FOR PROFESSIONAL SERVICES This AMENDED AGREEMENT is made and entered into this 7th of september 1999, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Parsons Brinckerhoff Quade & Douglas, Inc., a New York corporation, hereinafter referred to as "ENGINEER ". WITNESSETH WHEREAS, City desires to obtain professional services to prepare environmental documents, plans, specifications, estimates and construction documents for the construction of a new bridge over the Burlington Northern Santa Fe (BNSF) Railroad Yards and; WHEREAS, in order to develop environmental documents, plans, specifications, estimates and construction documents, 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 WHEREAS, the City and Engineer have previously executed an agreement dated April 8, 1999 which shall be superseded by this Amended Agreement pursuant to the Caltrans Pre -Award Audit Letter dated August 5, 1999. NOW, THEREFORE, it is mutually agreed, as follows: SCOPE OF SERVICES Engineer shall perform those services specified in "Scope of Services" and as contained in the proposal dated October 23, 1998, (which is on file at the City Clerk's Office) and as amended by letters dated February 22, 1999 and June 30, 1999, a copy of which is attached hereto as Exhibit "I" and Exhibit "2" and incorporated as though set forth in full. 2. TERM OF AGREEMENT The Phase I 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. Phase I services shall be completed 380 days after Notice to Proceed unless amended by the City. The Phase H services shall not commence until a Notice to Proceed has been issued for that phase. Phase II services shall be completed 200 days after Notice to Proceed for Phase II unless amended by the City. 1999 -228 3. STANDARD OF PERFORMANCE Engineer shall complete all work products and design in conformance with Standard Specifications for Public Works Construction (Green Book), Caltrans Bridge Design Standards and the City of San Bernardino's Standard Drawings. 4. CHANGES /EXTRA SERVICES A. Performance of the work specified in the "Scope of Services ", is made an obligation of Engineer under this Agreement, subject to any changes made subsequently upon mutual agreement of the parties. All such changes shall be considered as additional tasks and shall be incorporated by written amendments to this Agreement and include any increase or decrease in the amount of compensation due Engineer for the change in scope. Any change, which has not been so incorporated, shall not be binding on either party. B. No extra services shall be rendered by Engineer under this Agreement unless City authorizes such extra services in writing prior to performance of such work. Authorized extra services shall be invoiced based on the authorized additional task amounts. 5. COMPENSATION A. Upon satisfactory completion of the work, the Engineer will be paid a lump sum of $949,560, in arrears, for all work and services performed under this contract, and upon receipt of itemized invoices, submitted in triplicate to the contract manager. The invoice amount will be based on a percentage completion by task. For the purpose of invoicing, certain tasks may be combined in assessing percentage completion. Engineer will submit an invoice to the City every four (4) weeks. B. Said compensation shall not be altered unless there is significant alteration in the scope, complexity or character of the work to be performed. City and Engineer shall agree upon any such significant alteration in writing before commencement of performance of such significant alteration by Engineer. Any adjustment of the total cost of services will only be permitted when the Engineer establishes and City has agreed in writing that there has been, or is to be, a significant change in: 1. Scope, complexity, or character of the services to be performed; 2. Conditions under which the work is required to be performed; and 3. Duration of work if the change from the time period specified in the Agreement for Completion of the work warrants such adjustment. C. The Engineer is required to comply with all Federal, State and Local laws and ordinances applicable to the work. The Engineer is required to comply with prevailing wage rates in accordance with California Labor Code Section 1770. 2 D. The Engineer agrees that the Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, part 31 et seq., shall be used to determine the allowability of individual items of cost. 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 Goverments. 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 Article. 6. PAYMENT BY CITY A. The billings for all services rendered pursuant to this Agreement shall be submitted every four (4) weeks by Engineer to City and shall be paid by City within twenty (20) days after receipt of same, excepting any amounts disputed by City. Dispute over any invoiced amount shall be noticed to the Engineer within ten (10) days of billing and a meet and confer meeting for purposes of resolution of such dispute shall be initiated by the City within (10) days of notice of such dispute. Interest of 1 -1/2 percent per month (but not exceeding the maximum rate allowable by law) will be payable on any amounts not in dispute and not paid within thirty (30) days of the billing date, payment thereafter to be applied first to accrued interest and then to the principal unpaid amount. On disputed amounts, interest shall accrue from thirty (30) days of the invoice date if the amount in dispute is resolved in favor of the Engineer. All tasks as specified in Exhibit "1" shall be completed prior to final payment. B. Section 9 -1.10 of the Cal -Trans Standard Specifications is hereby specifically waived and not applicable to this Agreement. The parties hereto otherwise agree not to be bound by any other requirements for binding arbitration of any dispute arising hereunder. Disputes shall be resolved by agreement of the parties, or upon the failure of such agreement, by direct application to the Courts. C. No payment will be made for any work performed prior to approval of this contract by City and notification to proceed has been issued by the Contract Manager. 3 1999 -228 7. SUPERVISION AND ACCEPTANCE OF SERVICES A. The Director of Public Works 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. B. The Office of the Administrator 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 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 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 continue within forty-five (45) days of termination. Any subsequent use of such incomplete documents, other than their originally intended use, shall be at the sole risk of the City, and the City agrees to hold harmless and indemnify Engineer from any claims, losses, costs, including attorney's fees and liability arising out of such use. Engineer shall be compensated for such services in accordance with Exhibit "4 ". B. This agreement may be terminated for the convenience of the City upon thirty (30) days written notice to Engineer. Upon such notice, Engineer shall provide work product to City, and City shall compensate Engineer in the manner set forth above. C. Following the effective date of termination of this Agreement pursuant to this section, the Agreement shall continue until all obligations arising from such termination are satisfied. 4 10 11 12 13 14. 1999 -228 CONTINGENCIES In the event that, due to causes beyond the control of and without the fault or negligence of Engineer, Engineer fails to meet any of its obligations under this Agreement, and such failure shall not constitute a default in performance, the City may grant to Engineer such extensions of time and make other arrangements or additions, excepting any increase in payment, as may be reasonable under the circumstances. Increases in payment shall be made only under the "changes" provision of this Agreement. Engineer shall notify City within three (3) days in writing when it becomes aware of any event or circumstances for which it claims or may claim an extension. INDEPENDENT CONTRACTOR Engineer shall act as an independent contractor in the performance of the services provided for under this Agreement. Engineer shall furnish such services in its own manner and in no respect shall it be considered an agent or employee of the City. ASSIGNMENT OR SUBCONTRACTING Engineer thereof, may assign neither this Agreement, nor any portion 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. Bedros M. Agopovich Parsons Brinkerhoff Quade & Douglas, Inc. 685 E. Carnegie Drive, Suite 210 San Bernardino, CA 92408 RESPONSIBILITIES OF PARTIES CITY Mr. Michael E. Hays Director of Development Services 300 North "D" Street San Bernardino, CA 92418 A. The Engineer may reasonably rely upon the accuracy of data provided through the City or its agents without independent evaluation. B. The City shall pay all costs of inspection and permit fees. Charges not specifically covered by the terms of this Agreement shall be paid as agreed by the parties hereto at the time such costs arise; but in no event shall the work to be performed hereunder cease as a consequence of any unforeseen charges unless by mutual written agreement of City and Engineer. 5 1999 -228 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 automatically be vested in the City and no further agreement will be necessary to transfer ownership to the City. D. It is understood and agreed that all calculations, drawings and specifications, whether in hard copy or machine readable form are intended for one -time use in the construction of the project for which this contract has been entered into. E. The Engineer is not liable for claims, liabilities or losses arising out of, or connected with, the modification or misuse by the City of the machine readable information and data provided by the Engineer under this agreement; further, the Engineer is not liable for claims, liabilities or losses arising out of, or connected with, any use by the City of the project documentation on other projects, for additions to this project, or for the completion of this project by others, excepting only such use as may be authorized, in writing, by Engineer. F. For the purpose of determining compliance with Public Contract Code Section 10115, et. seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et. seq., when applicable, and other matters connected with the performance of the contract pursuant to Government Code Section 8546.7, the Engineer, subconsultant, 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, FHWA, or any duly authorized representative of the Federal government having jurisdiction under Federal laws or regulations (including the basis of Federal funding in whole or in part) shall have access to any books, records, and documents of the Engineer that are pertinent to the contract for audits, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested. 15. CONSTRUCTION COST ESTIMATES A. Any opinion of the construction cost prepared by Engineer represents his judgement as a design professional and is supplied for the general guidance of the City. Since Engineer has no control over the cost of labor and material, or over competitive bidding or market conditions, Engineer does not guarantee the accuracy of such opinions as compared to contractor bids or actual cost to the City. 6 1999 -228 16. COVENANT AGAINST CONTINGENT FEE Engineer warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by the Engineer for the purpose of securing business. For breach or violation of this warranty, City shall have the right to terminate this Agreement in accordance with the clause permitting termination for cause and, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage or contingent fee. 17. HOLD HARMLESS CLAUSE A. Engineer hereby agrees to 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. B. 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. C. The prevailing party in any legal action to enforce or interpret any provisions 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. 7 1999 -228 18. INDEMNITY Engineer shall indemnify, defend and hold harmless City from and against any and all claims, demands, suits, actions, proceedings, judgments, losses, damages, injuries, penalties, costs, expenses (including reasonable attorney's fees), and liabilities, of, by, or with respect to third parties, which arise solely from Engineer's negligent performance of services under this Agreement. Engineer shall not be responsible for, and City shall indemnify, defend, and hold harmless Engineer from and against, any and all claims, demands, suits, actions, proceedings, judgements, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by, or with respect to third parties, which arise solely from the City's negligence. With respect to any and all claims, demands, suits, actions, proceedings, judgements, losses, damages, injuries, penalties, costs, expenses (including attorney's fees) and liabilities of, by or with respect to third parties, which arise from the joint or concurrent negligence of Engineer and City, each party shall assume responsibility in proportion to the degree of its respective fault. 19. LIABILITY/INSURANCE A. 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. B. The City will require the Engineer to provide Workers Compensation and Comprehensive General Liability Insurance, including completed operations and contractual liability, with coverage sufficient to insure the Engineer'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. C. Engineer shall provide evidence of insurance in the form of a policy /certification of insurance or other acceptable evidence, in which the City is named as an additional named insured (except on Workers Compensation) to the extent of the coverage required by this Agreement. D. Notwithstanding anything to the contrary herein, the Engineer and its subconsultants and specialty consultants shall have no responsibility for the discovery, presence, handling, removal, disposal of or exposure of persons to hazardous materials in any form at the different sites of the Project including, but not limited to asbestos, asbestos products, polychlorinated biphenyl (pcb) or other toxic substances expect for any such substances brought to the site by the Engineer or subconsultants or used by same in the performance of their work. 8 1999 -228 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. 9 1999 -228 AGREEMENT FOR Professional Services with Parsons Brinckerhoff Quade & Douglas, Inc. 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: BY: eta' Racliel Clark, City Clerk City of San Bernardino Approved as to form And legal content: JAMES F. PENMAN City CITY OF SAN BERNARDINO BY: a C�� h Valles, Mayor of San Bernardino PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. IGM NAME: TITLE: 10 Signature 1999 -228 EXHIBIT 1 YEAM 0 8 D FEB 2 2 1999 CITY OF SAN BERNARDINO DEVELOPMENT SERVICES Mr. Gene R. Matt DEPARTMENT City of San Bernardino Public Works /Engineering 300 North "D' Street San Bernardino, CA 92418 Subject: New Mt. Vernon Avenue Bridge Reassessment of Task Costs Dear Mr. Klatt: L ;r I Parsons 685 East Camegie Drive Brinkerhoff Suite 210 San Bemardino, CA 92408 -35G 909- 888 -1106 Fax: 909 - 889 -1884 February 22, 1999 We have completed our reassessment of the various task costs contained on page 5 -4 of our originally submitted proposal for the subject bridge. Our reassessment has primarily been based on: 1. The discussions during our meeting with you on January 19, 1999. 2. Our joint meeting with the Caltrans Environmental group on February 2, 1999. 3. An arithmetical re -check of all our original costs. Your attention is invited to Attachment A to this letter. The attachment shows: 1. The specific tasks in each phase as contained on proposal page 5 -4 with the addition of an architectural task during each phase. 2. The corresponding original costs as contained on page 5 -4. (We have corrected a minor arithmetic error in the overall total.) 0~ s Century of Lngln w*v Lx"Hon" - -goo YEARS 1999 -228 3. The corresponding revised costs based on our reassessment. The costs which have been revised or added are identified with an asterisk. Regarding the revisions and additions, the following is offered: Phase I Environmental Documentation Please refer to our detailed letter of February 11, 1999 to you as well as our separate transmittal of same date (copies of both are also attached here for your easy reference). As indicated in the February 11 letter, we have reduced the cost of this task by an amount of $ 10,000. The reduced total is $84,033. Phase II Demolition Plans When we prepared our original proposal we had envisioned a somewhat significant effort for this task. While our intent was still not to tell the contractor how to do the demolition, we nonetheless felt that we had to provide him drawings and specifications guiding him on the "do's and don'ts," as well as suggestions (via drawings) for work sequencing. This level of effort is probably at the high end of the spectrum. At the low end of the spectrum, there is the more typical Caltrans approach where virtually everything is left up to the contractor. After extensive Over a Century of Engineering Excellence 1999 -228 r� C -700 YEARS review and taking into account the sensitive differing railroad operations below, we have concluded that the recommended answer is somewhere in between. We propose a new amount of $27,000 for this task. This reflects a reduction of $48,207. Right -of -Way Plans, Legal Descriptions and Plats By mutual agreement, this task will be deferred from the scope at the present time until precise right -of -way requirements (if any) are known during Phase II. This deferral reflects a reduction of $18,229. Appraisal Reports To be consistent with the deferral of the right -of -way task, and again by mutual agreement, this appraisal report task will also be deferred at the present time. The deferral reflects a reduction of $25,000. Direct Costs As a result of the decreased demolition effort, the direct costs can be reduced by $ 2,000. Over a Century of Engineering Excellence 1999 -228 s- --100 YEARS Additional Architectural Tasks We mutually agreed during our January 191 meeting that the project would benefit from the participation of a Bridge Architect. We envision a 16 hour involvement by our architect during Phase I at a cost of 82,700; and an 80 hour involvement during Phase 11 at a cost of 813,500. SUMMARY The net total reduction, pursuant to the above is 887,236. Of this amount $7,300 is in Phase I and $79,936 is in Phase 11. We would be pleased to further discuss the contents of this letter with you. Very truly yours, (� --/ O Cpl Bedros Agopovich Vice President Area Manager Over a Century of Engineering Excellence 1999 -228 lkm:lw_ l e u I u _ ORIGINAL REVISED TASK NAME COST COST PHASE 1 SURVEYS AND MAPPING $14,490 $14,490 GEOTECHNICAL $6,426 $6,426 ENVIRONMENTAL DOCUMENTATION $94,033 $84,033 " RAILROAD MEETINGS $11,873 $11,873 CALTRANS BRIDGE DESIGN MEETINGS $4,297 $4,297 SUPPORT ENGINEERING $82,481 $82,481 PROJECT MANAGEMENT & COORDINATION $15,379 $15,379 DIRECT COSTS $8,265 $8,265 BRIDGE ARCHITECTURE" $2,700 " TOTAL PHASE 1 COST $237,244 $229,944 " PHASE 2 SURVEYS $26,418 $26,418 GEOTECHNICAL $23,053 $23,053 DEMOLITION PLANS $75,207 $27,000 " BRIDGE DESIGN $459,060 $459,060 CIVIL DESIGN $73,983 $73,983 RIGHT -OF -WAY PLANS, LEGAL DESCRIPTIONS, AND PLATS $18,229 $0 " APPRAISAL REPORTS $25,000 $0 " PROJECT MANAGEMENT & COORDINATION $16,397 $16,397 MEETINGS $32,793 $32,793 DIRECT COSTS $35,222 $33,222 " BRIDGE ARCHITECTURE" $13,500 " TOTAL PHASE 2 COST $785,362 $705,426 " TOTAL PROJECT COST $1,022,606 $935,370 " 08/04/99 13:18 FAX 909 889 1884 1999 -228 rt�ws June 30, 1999 Mr. Mike Grubbs Acting City Engineer City of San Bernardino 300 North wD' Street San Bernardino, CA 92418 PARSONS BRINCR. Q001 EXHIBIT 2 ;Parsons 685 East Carnegie or" 8#4nckerhoH Suite 210 San Bemaidino, CA 92406-350 909 -888 -1106 Fax: 909- 889 -1884 Post -itm Fax Note 7671 / 1 rot -N Phone # Subject: New Mt. Vernon Bridge Project Left Turn Improvements at each end of the Bridge Dear Mr. Grubbs: Co. Fax This letter proposal for additional services is pursuant to the briefing on the status of the subject project conducted at the EDA offices on June 21 and the immediately subsequent meeting in your offices. As you recall, concern was expressed by the public representatives during the meeting regarding left turns off the bridge at each end. We proposed to you subsequently that this concern be conceptually analyzed as an extra work item under our current agreement while we are waiting for the completion of the Caltrans pre -audit and hence the City's NTP on the main contract. As this study would involve looking at a 5th lane requirement (at least at each end of the bridge), it falls outside the scope of our work for a four -lane replacement bridge. The scope of the extra work would consist of the following: 1. We would take left turn traffic counts for two to three days —performed by one of our technicians. This would assist in conceptually assessing stacking distance requirements if we only widen the bridge at each end. 2. We would look at three possible alternatives at each end. These alternatives would be by means of an added left turn pocket/lane generally in the widened area of the bridge. For the purposes of this study, our effort will exclude analysing a full length fifth lane along the entire length of the bridge. We will base the work by using the current aerial information we have, and utilize either overlays or direct sketching on the aerial maps. If the City can provide us existing street information at each end, it would be helpful. This aspect of the work would be performed by our civil engineers and supported by technicians. Oyer a Cwrlmry ,f Znginaerfrg Exceflt rc_ P \Bedros\LetlersrGrubbs. Mike 002.doc 08/04/99 13:19 FAX 909 889 1884 PARSONS $RINCR. lih 002 1999 -228 — — — Mr. Mike Grubbs _ = June 30 19% Page 2 •CASS ? 3. We would have our structural bridge specialist review the structural implications and/or fatal flaws of the different alternatives. 4. Our effort would culminate in a letter report to the City, supported by appropriate graphics. We estimate the cost of this work to be $14,190.00, pursuant to Exhibit 4 of our Agreement. We are ready to start at your notice to proceed for this study. We will be pleased to answer any questions you might have. Sincerely, P SONS BRINCKERHOFF QUADE & DOUGLAS, INC. P Bedrov O tl s Agopovich Vice President Project Manager oYr. a c4nrury or Fny ~nadrrrg Excellence CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: August 13, 1999 TO: Michael Grubbs, Acting City Engineer FROM: Melanie Miller, Senior Secretary RE: Transmitting Documents for Signature - Resolution 1999 -228 Attached are the following original documents: Approving an agreement with Parsons Brinckerhoff Quade & Douglas. Please obtain signatures where indicated on all copies. Please return the executed original to the City Clerk's Office as soon as possible, to my attention. Be advised that the resolution and agreement will be null and void if it is not executed within sixty (60) days = November 6, 1999. If you have any questions, please do not hesitate to contact me at ext. 3212. Thank you. Rachel Clark City Clerk By: Melanie Miller s1c� Senior Secretary Ao I hereby acknowledge receipt of the above mentioned documents. Signed: Date: 1,-t 3- / %