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Home My WebLink AboutSouth Highland Sewer - Contract CITY OF FONTANA • Engineering Services for �%° South Highland Avenue and Juniper Avenue ti'�ry4x 4,14,4-A, Sewer System Improvements tItietf COMPARISON OF ORIGINAL FEE TO REVISED FEE DUE TO AMENDMENT NO. 1 Original Increase • Description Revised Fee Fee Due to Amend. 1 • Phase I Design Stage a) Data Collection $ 5,500 $ 5,500 $ b) Sewer Plans $ 26,800 $ 17,800 $ 9,000 c) Determination of Service Area $ 2,100 $ 2,100 $ - 0 d) Traffic Control Plans $ 4,700 $ 4,700 $ - NA► e) Utilities Coordination/Drawings $ 12,000 $ 12,000 $ - f) Preliminary and Final Cost Estimate $ 800 $ 800 $ - g) Contract Special Provisions $ 2,400 $ 2,400 $ - h) Design Surveying Services $ 5,300 $ 5,300 $ - 30 i) Potholing $ 2,500 $ - $ 2,500 , Phase II Pre-Construction Stage ""� . C?,/V: $ - "1tb a) Assistance during Bidding Process so. $ 2,100 $ 2,100 $ - b) Pre-Construction Meeting ( Su'e 2 0) $ 750 $ 750 $ - $ - Phase III Construction and Post Construction Stage $ - a) Review Submittals,RFI's, and Design Changes $ 6,000 $ 6,000 $ - b) Construction Surveying Services $ 8,000 $ 8,000 $ - c) Geotechnical Services $ 28,980 $ 450 $ 28,530 d) Record Drawings $ 1,600 $ 1,600 $ - e) Construction Management $ 18,000 $ - $ 18,000 f) Inspection $ 24,000 $ - $ 24,000 ODC's Other Direct Charges $ 1,000 $ - $ 1,000 (I.e., reproduction, postage, binding) Consultant's All Inclusive Total Proposed Fee $ 152,530 $ 69,500 - Total amount of Amendment No. 1 (increase): $ 83,030 Prepared:May 15,2002,Thomas Holliman,PE,Senior Project Manager t, $ C2,/G ,, 1 ` ? D O JI.../ib1. 'fit IwVuH "I4 reli welt, O\Prop\P\2001\P09401\Fee Comparison 5/17/2002 tl Harvilla George 9 From: Harvilla, George Sent: Friday, May 17, 2002 12:42 PM • To: 'Carla Pursel' Cc: 'Tom Holliman' Subject: Amendment to Associated's Contract Carla, Here is information for your staff report for the Council Meeting on June 4: • Attached are two spreadsheets for Associated's Amendment 1 • Below is text for the road closures: In order to expedite the construction of the South Highland and Juniper Avenue Sewer it is recommended that Walnut Street be closed for approximately two weeks between Sierra Ave.. and Cypress Ave. This closure would allow the construction to move quickly and minimize traffic impacts to local residents and the high school summer school students. It is further recommended that Juniper Avenue be closed for a period of approximately two weeks between Walnut St. and South Highland Ave.to accommodate construction on Juniper Avenue. This will again allow the contractor to expedite work in this street and minimize impacts to adjacent residents. The contractor would be required to provide ingress and egress for the adjacent residents during the road closure. Because the high school will be holding only partial day summer school classes the impacts to local traffic should be minimal. These closures are expected to take place sometime between July 1 and Sept 15, 2002. • And, of course, the report needs to ask the council to award the bid. Thanks, George . . Estimated Fee With Fee Amendment 1... nparison.XLS(147 N CITY OF FONTANA *,} Engineering Services for lzF.: j ,_; c� South Highland Avenue and Juniper Avenue 'eP*1 Sewer System Improvements 911)4;i0,, ESTIMATED FEE WITH AMENDMENT NO. 1 Description Revised Fee Phase I Design Stage a) Data Collection $ 5,500 b) Sewer Plans $ 26,800 c) Determination of Service Area $ 2,100 d) Traffic Control Plans $ 4,700 e) Utilities Coordination/Drawings $ 12,000 f) Preliminary and Final Cost Estimate $ 800 g) Contract Special Provisions $ 2,400 h) Design Surveying Services $ 5,300 i) Potholing $ 2,500 Phase II Pre-Construction Stage a) Assistance during Bidding Process $ 2,100 b) Pre-Construction Meeting $ 750 Phase III Construction and Post Construction Stage a) Review Submittals,RFI's, and Design Changes $ 6,000 b) Construction Surveying Services $ 8,000 c) Geotechnical Services $ 28,980 d) Record Drawings $ 1,600 e) Construction Management $ 18,000 f) Inspection $ 24,000 ODC's Other Direct Charges $ 1,000 (I.e., reproduction,postage,binding) Consultant's All Inclusive Total Proposed Fee $ 152,530 Not to Exceed Budget before Amendment No. 1 $ 69,500 Total amount of Amendment No. 1 (increase): $ 83,030 Prepared:March 28,2002,Thomas Holliman,PE,Senior Project Manager O\Prop\P\2001\P091-01\Estimated Fee With Amendment 1-rev.xB_ 5/17/2002 CITY OF FONTANA Engineering Services for rx; , C7P a ,>.n��4'15 South Highland Avenue and Juniper Avenue v $� SOLjn i 1�' 0 Sewer System Improvements COMPARISON OF ORIGINAL FEE TO REVISED FEE DUE TO AMENDMENT NO. 1 Original Increase Description Revised Fee Fee Due to Amend. I Phase I Design Stage a) Data Collection $ 5,500 $ 5,500 $ - b) Sewer Plans $ 26,800 $ 17,800 $ 9,000 c) Determination of Service Area $ 2,100 $ 2,100 $ - d) Traffic Control Plans $ 4,700 $ 4,700 $ - e) Utilities Coordination/Drawings $ 12,000 $ 12,000 $ - f) Preliminary and Final Cost Estimate $ 800 $ 800 $ - g) Contract Special Provisions $ 2,400 $ 2,400 $ - h) Design Surveying Services $ 5,300 $ 5,300 $ - i) Potholing $ 2,500 $ - $ 2,500 $ _ . Phase II Pre-Construction Stage $ - a) Assistance during Bidding Process $ 2,100 $ 2,100 $ - b) Pre-Construction Meeting $ 750 $ 750 $ - $ Phase III Construction and Post Construction Stage $ - a) Review Submittals,RFI's, and Design Changes $ 6,000 $ 6,000 $ - b) Construction Surveying Services $ 8,000 $ 8,000 $ - c) Geotechnical Services $ 28,980 $ 450 $ 28,530 d) Record Drawings $ 1,600 $ 1,600 $ - e) Construction Management $ 18,000 $ - $ 18,000 f) Inspection $ 24,000 $ - $ 24,000 ODC's Other Direct Charges $ 1,000 $ - $ 1,000 (I.e., reproduction, postage,binding) Consultant's All Inclusive Total Proposed Fee $ 152,530 $ 69,500 Total amount of Amendment No. 1 (increase): $ 83,030 Prepared:May 15,2002,Thomas Holliman,PE,Senior Project Manager 0\Prop\P\2001\P091-01\Fee Comparison 5/17/2002 • Harvilla, George From: Tom Holliman [tomh@assoc-eng.com] Sent: Thursday, May 16, 2002 4:11 PM To: Harvilla, George Subject: South Highland Sewer Amendment No. 1 Amendment No. 1 rotal Contract with Final Fee Esti... Including... Hi George, Thank you for your patience in getting this amendment together. I have attached the amendment documents in two forms. One shows only the amended contract total amount, the other shows the comparison of before and after. The biggest differences from our last discussion regarding the amendment resulted from the addition of the geotechnical services, and additional funds for the work we were asked to do by the City on the plans after the 100% plans were submitted, specifically the complete rework of the traffic- -, control plans and the plan and profile modifications. This added approximately (0T000/to our previous request because much of this work was done on overtime to meet the ClEy's submittal schedules. The geotechnical includes a 15% mark-up because A-E will now share in the liability for the soils work performed by the geotechnical engineers, Ninyo and Moore. If you have any questions please let me know. Tom Holliman Associated Engineers, Inc. P.S. Regarding the wording for the road closures try this. tvt "In order to expedite the c nstruction of the South Highland and Juniper Avenue sewer is recommended that Walnut vim. e-be closed for approximately two weeks between Sierra and Cypressh''e This closure would allow the construction to move quickly ^. am' ,u� and minimize traffic impacts to local residents and the high school summer school students. It is further recommended that Juniper Avenue be closed for a period of two weeks to accomodate construction on Juniper Avenue. This will again low the c ntractor to expedite work in this street and minimize impacts to djacent residents. The ontractor would be required to provide ingress and egress for the djacent residents duri g the road closure. Because the high school will be holding only artial day summer school classes the impacts to local traffic should be minimal. " / Gv GI Hfi,54<... J /r,, (Get cl� /.f G`dT,alJ?..�.^^C`'T / JC�W fP,n ,j 9 .ix e� Za -, Ce t. p?e,6 c.. C;' 1 South Highland Sewer Construction Management Page 1 of 1 P4' I 1 ! 47 I 1 4► " 1 ? Close From: Harvilla, George To: 'tomh@assoc-eng.com' Cc: 'rbragg@fontana.org'; 'cpursel@fontana.org' Subject: South Highland Sewer Construction Management Sent: 4/23/02 6:09 PM Importance: Normal Tom, The city has selected Associated Engineers for inspection, Geotechnical services, and Construction Management of the South Highland Sewer. We would like the Geotechnical Engineer to be a subconsultant to Associated Engineers. Can you please revise Amendment 1, which you recently prepraed, to include the cost of Geotechnical services throughout the counstrution period? Thank You, George Harvilla http://mail.pbworldnet.com/exchange/forms/IPM/NOTE/read.asp?command=op... 4/23/2002 City of Fontana Memo To: File From: George Harvilla Date: 4/17/2002 Re: Meeting with Yousuf Patanwala Yousuf and I discussed the proposed amendment to Associated Engineers' contract for inspection/construction management/geotechnical services for the South Highland Sewer. The amendment will have to go before the City Council. We need to include wording which says the inspector and geotechnical staff will be paid prevailing wages. We can use two approaches for geotechnical services: 1. Have Associated Engineers provide the subconsultant for geotechnical services in their amendment (preferred method) derv,. OR 2. Assume that geotechnical services will be 4% of$520,000 =$20,800. Yousuf believes anything over$10,000 requires three written quotes (check with Sid to verify). Yousuf suggested sending out RFP's to Ninyo and Moore, Converse, and Kleinfelder. They would need a copy of the plan and specifications. memo 4-17-02a.doc SO HIGHLAND SEWER Page 1 of 2 4 X # ? Close From: Carla Pursel [SMTP:cpursel@fontana.org] To: 'George Harvilla @ PB' Cc: Yousuf Patanwala; Ray Bragg Subject: SO HIGHLAND SEWER Sent: 4/16/02 1:50 PM Importance: High George - In meeting w/ Yousuf this morning, I asked him our questions about having Associated cover the construction/inspection management. He said for the amount they've proposed, we should just do an Amendment to their contract to include these services. The Amendment will need to go to Council for approval, but there should be no problem since Associated is already working on the project and are providing assistance in some form on this anyway. He asked me who would be the Geotechnical Engineer (item needs to be filled in on the specs), and I told him that per your proposal, Associated stated that they would 'procure' geotechnical services. Did you ask Tom if the geotech would be provided as part of their proposal (their responsibility) or if it would be a separate item (ie., subcontracted services)??? If separate, who and how much will it be? We will need to know more specifics on the geotech than just . . . . . "will procure". Can you get that clarified by Tom???? If any corrections are needed on the specs after today's meeting, let me know. As long as Tom signs & stamps the cover, we can make corrections since I have it here on my pc and then get it off to Ricardo to sign. Whew - was that T-M-I??? cp Carla S. Pursel Administrative Project Coordinator CITY OF FONTANA Redevelopment & Special Projects 909.350.6792 Clear Day Bkgrd.JPG http://mail.pbworldnet.com/exchange/forms/IPM/NOTE/read.asp?comr 4/16/2002 F A X To: Tim Bretz Fax No: 714-973-4918 From: George Harvilla Subject: Construction Management of South Highland Sewer • Date: April 8, 2002 Number of Pages (Including this cover sheet): 8 Tim, When the South Highland Sewer goes to construction in July,we will need construction management, inspection, geotechnical, and construction surveying services. Associated Engineers already has construction surveying in their contract. They have submitted a proposal for construction management, inspection, and geotechnical services (attached). Was it your intention to have PB do this? If so,who will be the inspector? I don't know if I can do construction management full time since I'm only here 4 days per week, and I've also got Summit Avenue. Please let me know. 7L7C_ Parsons Brinckerhoff 16689 Foothill Blvd.,Suite 103 Fontana,CA 92335 (909)427-9166 Fax(909)-427-9169 kikAssociated Engineers, Inc. CONSULTING CIVIL ENGINEERS 3311 E.SHELBY STREET ONTARIO,CA 91764-4872 (909)980-1982 FAX(909)941-0891 March 28, 2002 Mr. George Harvilla City of Fontana 8353 Sierra Avenue Fontana, CA 92335-0518 Subject: South Highland Avenue and Juniper Avenue Sewer System Improvements, City of Fontana (SP-46-01) — Amendment No, 1 Addition of Construction Management and Inspection Services Dear Mr. Harvilla: In response to your request we have attached our proposal to provide construction management and inspection services for the Project. Because some of the construction phase services were already in our current scope we have provided an attachment showing the total cost for all of the services we are prepared to provide to the City from design through the completion of construction. • This amendment also includes the shifting of$6,000 from the original construction phase support to the design phase to fund the design of the additional sewer main in Sierra Avenue and the additional traffic control plans required for its construction. This is consistent with your prior verbal authorization. We have also broken out the previously authorized cost for the potholing on South Highland Avenue necessitated by the final alignment of that portion of the Project selected by the City. This work was outside of our original contract but clearly necessary to finalize the alignment of the future sewer. And finally we have broken out our ODC's, other direct costs, so that they are clearly shown on the budget estimate. In addition to the design phase issues, and construction management and inspection support, you asked us to include assisting in the geotechnical engineering support in our proposal. After reviewing our current contract we noted that we had previously budgeted funds to assist the City • in obtaining the services of a geotechnical firm that would be contracted directly to the City. The amendment scope includes funds to provide coordination and scheduling of that geotechnical firm as part of the construction management estimate. �mn ..y . ..^,1T� �^nPLANNING`• DESIGNING SURVEYING We apologize for the delay in submitting this amendment. If you have any questions regarding this proposal please contact me at(909) 980-1982. Sincerely, ASSOCIATED ENGINEERS,INC. Thomas R. Holliman,PE Senior Project Manager Attachments NE CITY OF FONTANA Engineering Services for South Highland Avenue and Juniper Avenue Sewer System Improvements, AMENDMENT NO. 1 •Oat Amendment No. 1 SCOPE OF WORK A. Additional Design Services In response to the City's request A-E will design an additional 8-inch lateral to serve a commercial parcel south of South Highland on Sierra Avenue, including an additional plan and profile sheet, and traffic control plan. This additional work shall be accomplished for an amount not to exceed$6,000. In addition to the design work, A-E will provide potholing of the data communication bank on South Highland through the service of Miller Pipeline at five(5)to six(6)locations. This work is outside the original scope of the design and was prompted by the City's request not to locate the new sewer main within existing South Highland Avenue. This amount for the potholing shall be an amount not to exceed$2,500. B. Construction Phase Services Associated Engineers will provide the following contract administration and inspection services listed below during the construction phase of the Project. a. Contract Administration Services 1. Pre-Bid AE will provide technical assistance to the City staff during bidding process on an as needed basis. This may include attendance at the bid opening,review of bids,preparation of a recommendation for award. i. Review of plans and specifications ii. Preparation of addenda iii. Preparation/review of engineer's estimate 2. Bid Opening i. Verify Contractor's license ii. Check references iii. Make recommendations for award 3. Pre-Job Attend and participate in the Pre-Construction meeting. Provide assistance to City in answering any questions that may result from the meeting regarding the design and/or specifications. In addition A-E will provide the following services: TfIE " '� . _�,e1.k' CITY OF FONTANA 0 i ; $' Engineering Services for South Highland Avenue and Juniper Avenue _. ��' 't{{' �` Sewer System Improvements, AMENDMENT Na 1 i. Identify and invite appropriate agencies to pre job meeting ii. Chair pre-construction meeting provide agenda iii. Provide minutes iv. Answer questions v. Collect and process or route submittals vi. Review insurance requirements vii. Review traffic control plan viii. Review project schedule ix. Review materials to be used x. Review Contractor's schedule of values 4. Review Submittals,RFI's,and Construction Design Changes During the project construction phase,AE will review and provide comments on shop drawings and submittals,RFI,and construction design changes when requested by the City Project Manager. For the purposes of this proposal AE has estimated a total of 50 shop drawings,RFI's,and construction design changes(20 shop drawings, 30 RFI's/RFC's) b. Inspection Services 1. Daily i. Monitor safety and make recommendations as required ii. Traffic trench(OSHA) iii. Personnel iv. Monitor Contractor's manpower for verification with Certified Payrolls v. Coordinate surveys vi. Coordinate materials inspection and deputy inspectors vii. Verify that materials and methods are in compliance with plans and specifications viii. Monitor Contractor's schedule ix. Provide daily reports on: • Work • Weather • Manpower • Work ongoing • Work complete • Unacceptable work • Problems/solutions • Work anticipated tit THE �, ,. r�� xI): CITY OF FONTANA " 11 b Engineering Services for South Highland Avenue and Juniper Avenue 0 Sewer System Improvements, AMENDMENT Na 1 • Conversations and statements x. Anticipate conflicts with upcoming work ix. Quality assurance inspection 2. Weekly i. Review certified payrolls ii. Weekly statement of working days iii. Chair weekly job progress meetings iv. Provide minutes v. Review test reports vi. Verify Contractor's"as-built"drawings are up to date 3. Monthly i. Review of monthly partial payment request ii. Quantity verification iii. Lien release iv. Quantity calculations v. Payment recommendations vi. Employee interview for contract EEO compliance 4. As required i. Administer contract change orders ii. Keep Record Files(Caltrans filing system) iii. Take and log construction progress photos iv. Correspondence v. Coordinate with utilities 5. Project close-out i. Schedule final job walk ii. Monitor completion of"punch list"items iii. Receive and check as-built plans iv. Receive and distribute instruction manual,keys, etc. v. Receive and distribute warranty information o` ,- CITY OF FONTANA ' '`=,9,1 Engineering Services for South Highland Avenue and Juniper Avenue ,.4n ,: Sewer System Improvements, AMENDMENT NO. I vi. Review and distribute spare parts vii. Review final materials testing information viii. Final payment recommendation ix. Verify substantial completion x. Execute notice of completion c. Construction Surveying Services AE will provide construction staking for the sewer main construction in accordance with the specifications. d. Geotechnical Services AE will assist the City in obtaining geotechnical services, and assist the City in scheduling and reviewing geotechnical work. AE's fee does not include the cost of the geotechnical services which be rendered by an independent geotechnical consultant. e. Record Drawings AE will prepare the Record Drawing(Mylars) from the Contractor's and City Inspector's redline "Record Drawings"plans at the project completion. This work will be completed within 60 days of the filing of the Notice of Completion by the City. CITY OF FONTANA Engineering Services for t. nF a' South Highland Avenue and Juniper Avenue g �aelli r el Sewer System Improvements ESTIMATED FEE THRU AMENDMENT NO. 1 Description Fee Phase I Design Stage l/ a) Data Collection $5,500.00 b) Sewer Plans .W s t-i 7,?0 o r rb,o o F $23,800.00 c) Determination of Service Area ri $2,100.00 d) Traffic Control Plans fi /,7®° 46;7E6-.00 e) Utilities Coordination/Drawings $12,000.00 a f) Preliminary and Final Cost Estimate $800.00 , g) Contract Special Provisions $2,400.00 . h) Design Surveying Services $5,300.00 i) Potholing /lie w $2,500.00 Phase Ili Pre-Construction Stage a) Assistance during Bidding Process $2,100.00 b) Pre-Construction Meeting $750.00 f�N Phase III Construction and Post Construction Stage a) Review Submittals,RFI's, and Construction Design Changes ,r,p/,„ $6,000.00 ' b) Construction Surveying Services $8,000.00 1 c) Geotechnical Services ((pr,,«,,,,f-') , $450.00 d) Record Drawings $1,600.00 E. e) Construction Management ( Tb,,, pc,J),,.,,. ', ht.,,:, ) //eV, $18,000.00 , f) Inspection (AU°c,G,e i ;,,tee ,.c) Cv,w $24,000.00 , ODC's Other Direct Charges(reproduction, postage,binding) A/n., $1,000.00 ' Consultant's All Inclusive Total Proposed Fee(Lump Sum) $123000.00 i 1 Not to Exceed Budget before Amendment No. 1 $69,500.00 Total amount of Amendment No. 1 (increase): $53,500:00 Prepared:March 28,2002,Thomas Holliman,PE,Senior Project Manager 1 O\Prop\P\2001\P094-01\Amendment No.1 Fee Estimate 3 28 02 3/28/2002 +909-941-0891 ASSOCIATED ENGINEERS 138 P01/08 MAR 28 '02 17:14 JOB NO. 01-064 TELEFAX TELEFAX TELEFAX TELEFAX ASSOCIATED ENGINEERS, INC. Consulting Civil Engineering 3311 East Shelby Street-__.._-_ . ... Ontario, CA 91764 (909)980-1982/FAX(909)941-0891 TO: George Harvilla, Project Manager FIRM: City of Fontana FROM: Tom Holliman DATE: March 28, 2002 TOTAL NUMBER OF PAGES (including cover sheet) 8 COMMENTS: Call me if you have any questions. FAX NUMBER: (909) 350-6618 ORIGINAL SENT VIA MAIL XXX YES NO +909-941-0891 ASSOCIATED ENGINEERS 138 P02/08 MAR 28 '02 17:14 Associated Engineers, Inc, CONSULTING CIVIL ENGINEERS kiii 3311 E.SHELBY STREET,ONTARIO,CA 91764-4872 (909)980-1982 FAX(909)941-0891 March 28, 2002 Mr. George Harvilla City of Fontana 8353 Sierra Avenue Fontana,CA 92335-0518 Subject: South Highland Avenue and Juniper Avenue Sewer System Improvements, City of Fontana (SP-46-01) - Amendment No. 1 Addition of Construction Management and Inspection Services Dear Mr. Harvilla: In response to your request we have attached our proposal to provide construction management and inspection services for the Project. Because some of the construction phase services were already in our current scope we have provided an attachment showing the total cost for all of the services we are prepared to provide to the City from design through the completion of construction. This amendment also includes the shifting of$6,000 from the original construction phase support to the design phase to fund the design of the additional sewer main in Sierra Avenue and the additional traffic control plans required for its construction. This is consistent with your prior verbal authorization. We have also broken out the previously authorized cost for the potholing on South Highland Avenue necessitated by the final alignment of that portion of the Project selected by the City, This work was outside of our original contract but clearly necessary to finalize the alignment of the future sewer. And finally we have broken out our ODC's, other direct costs,so that they are clearly shown on the budget estimate. In addition to the design phase issues, and construction management and inspection support, you asked us to include assisting in the geotechnical engineering support in our proposal. After reviewing our current contract we noted that we had previously budgeted funds to assist the City in obtaining the services of a geotechnical firm that would be contracted directly to the City. The amendment scope includes funds to provide coordination and scheduling of that geotechnical firm as part of the construction management estimate, �.1.••••••M WIA...MA IM I,1,11,,PLANNING DESIGNING SURVEYING --,-- .-__= ,-,...:: ....:.,-s, ...,....w. . -- .„_.- . W_.N.. - W.:.2.W-;-W.�w-:..=z,w._.J.. u_.W._-._.i.-. ,u�....-1.);„„. +909-941-0891 ASSOCIATED ENGINEERS 138 P03/08 MAR 28 '02 17:15 We apologize for the delay in submitting this amendment. If you have any questions regarding this proposal please contact me at(909)980-1982. Sincerely, ASSO, TED ENGIN, ERS,INC. Thomas R.Holliman, PE Senior Project Manager Attachments +909-941-0891 ASSOCIATED ENGINEERS 138 PO4/08 MAR 28 '02 17:15 Ado- ` CITY OF FONTANA ;. .- '. �� Engineering Services for South Highland Avenue and Juniper Avenue T Sewer System Improvements, AMENDMENT NO. M1. -.1..1 - Amendment No. 1 SCOPE OF WORK A. Additional Design Services In response to the City's request A-E will design an additional 8-inch lateral to serve a commercial parcel south of South Highland on Sierra Avenue, including an additional plan and profile sheet, and traffic control plan. This additional work shall be accomplished for an amount not to exceed$6,000. In addition to the design work,, A-E will provide potholing of the data communication bank on South Highland through the service of Miller Pipeline at five(5)to six(6)locations. This work is outside the original scope of the design and was prompted by the City's request not to locate the new sewer main within existing South Highland Avenue. This amount for the potholing shall be an amount not to exceed$2,500. B. Construction Phase Services Associated Engineers will provide the following contract administration and inspection services listed below during the construction phase of the Project a. Contract Administration Services 1. Pre-Bid AE will provide technical assistance to the City staff during bidding process on an as needed basis, This may include attendance at the bid opening,review of bids,preparation of a recommendation for award. is Review of plans and specifications ii. Preparation of addenda iii. Preparation/review of engineer's estimate 2. Bid Opening i. Verify Contractor's license ii. Check references iii. Make recommendations for award 3. Pre-Job Attend and participate in the Pre-Construction meeting. Provide assistance to City in answering any questions that may result from the meeting regarding the design and/or specifications. In addition A-E will provide the following services: +909-941-0891 ASSOCIATED ENGINEERS 138 P05/08 MAR 28 '02 17:15 OCITY OF FONTANA q.; x 't '-,; Engineering Services for South Highland Avenue and Juniper Avenue i • Sewer System Improvements, AMENDMENT Na l i. Identify and invite appropriate agencies to pre job meeting ii. Chair pre-construction meeting provide agenda iii. Provide minutes iv. Answer questions v. Collect and process or route submittals vi. . Review insurance requirements vii. Review traffic control plan viii. Review project schedule ix. Review materials to be used x. Review Contractor's schedule of values 4, Review Submittals,RFI's,and Construction Design Changes During the project construction phase,AE will review and provide comments on shop drawings and submittals,RFI,and construction design changes when requested by the City Project Manager. For the purposes of this proposal AE has estimated a total of 50 shop drawings,RFI's,and construction design changes(20 shop drawings,30 RFI's/RFC's) b. Inspection Services 1. Daily i. Monitor safety and make recommendations as required ii. Traffic trench(OSHA) iii. Personnel iv. Monitor Contractor's manpower for verification with Certified Payrolls v. Coordinate surveys vi. Coordinate materials inspection and deputy inspectors vii. Verify that materials and methods are in compliance with plans and specifications viii. Monitor Contractor's schedule ix. Provide daily reports on: • Work • Weather • Manpower • Work ongoing • Work complete • Unacceptable work • Problems/solutions • Work anticipated +909-941-0891 ASSOCIATED ENGINEERS 138 P06/08 MAR 28 '02 17:16 0411W°grek CITY OF FONTANA . ,�,�,:�, :�� Engdneering Services for South Highland Avenue and Juniper Avenue bkt�, .�:.: Sewer System Improvements, AMENDMENT NO. 1 • Conversations and statements x. Anticipate conflicts with upcoming work ix. Quality assurance inspection 2. _. Weekly i. Review certified payrolls ii. Weekly statement of working days iii. Chair weekly job progress meetings iv. Provide minutes v. Review test reports vi. Verify Contractor's"as-built"drawings are up to date 3. Monthly i, Review of monthly partial payment request ii. Quantity verification iii. Lien release iv. Quantity calculations v. Payment recommendations vi. Employee interview for contract EEO compliance 4. As required i. Administer contract change orders ii. Keep Record Files(Caltrans filing system) iii. Take and log construction progress photos iv. Correspondence v. Coordinate with utilities 5. Project close-out i. Schedule final job walk ii. Monitor completion of"punch list"items iii. Receive and check as-built plans iv. Receive and distribute instruction manual,keys, etc. v. Receive and distribute warranty information +909-941-0891 ASSOCIATED ENGINEERS 138 P07/08 MAR 28 '02 17:16 ems- �. t'e +a'' Z iitCITY OF FONTANA � ;. b�,, Engineering Services for South Highland Avenue and Juniper Avenue 311i Sewer System Improvements, AMENDMENT NO. 1 vi. Review and distribute spare parts vii. Review final materials testing information viii. Final payment recommendation ix. Verify substantial completion x. Execute notice of completion c. Construction Surveying Services AE will provide construction staking for the sewer main construction in accordance with the specifications. d. Geotechnical Services AE will assist the City in obtaining geotechnical services, and assist the City in scheduling and reviewing geotechnical work. AE's fee does not include the cost of the geotechnical services which be rendered by an independent geotechnical consultant. e. Record Drawings AE will prepare the Record Drawing(Mylars) from the Contractor's and City Inspector's redline "Record Drawings"plans at the project completion. This work will be completed within 60 days of the filing of the Notice of Completion by the City. • +909-941-0891 ASSOCIATED ENGINEERS 138 P08/08 MAR 28 '02 17:16 CITY OF FONTANA • Engineering Services for v1'148z;+. South Highland Avenue and Juniper Avenue i1;1 riP ; ' '' Sewer System Improvements ESTIMATED FEE THRU AMENDMENT NO. 1 Description Fee Phase L..__.__ . Design Stage a) Data Collection $5,500.00 b) Sewer Plans $23,800.00 c) Determination of Service Area $2,100.00 d) Traffic Control Plans $6,700.00 e) Utilities Coordination/Drawings $12,000.00 f) Preliminary and Final Cost Estimate $800.00 g) Contract Special Provisions $2,400.00 h) Design Surveying Services $5,300.00 i) Potholing $2,500.00 Phase 11 Pre-Construction Stage a) Assistance during Bidding Process $2,100.00 b) Pre-Construction Meeting $750.00 Phase III Construction and Post Construction Stage a) Review Submittals,RFI's,and Construction Design Changes _ $6,000.00 b) Construction Surveying Services $8,000.00 c) Geotechnical Services $450,00 d) Record Drawings $1,600.00 e) Construction Management $18,000.00 `#) Inspection - $24,000.00 ODC's Other Direct Charges(reproduction,postage,binding) $1,000,00 Consultant's All Inclusive Total Proposed Fee(Lump Sum) $123,000.00 Not to Exceed Budget before Amendment No. 1 $69,500,00 Total amount of Amendment No. 1 (increase) $53,500.00 Prepared:March 28,2002,Thomas Holliman,PE,Senior Project Manager 0\fitP\%2001\P-01Wnmdmtnt No.1 Fos Estimate 3_28_02 3/28/2002 CONTRACTUAL SERVICES AGREEMENT ENGINEERING SERVICES SOUTH HIGHLAND AVENUE AND JUNIPER AVENUE SEWER SYSTEM IMPROVEMENTS - SP-46-01 THIS AGREEMENT (hereinafter the "Agreement") is made this 17th day of July, 2001, (the "Effective Date") by and between the CITY OF FONTANA, a municipal corporation, (hereinafter the "City"), and ASSOCIATED ENGINEERS, INC., a Corporation with its principal place of business at 3311 E. Shelby St., Ontario, California 91764-4872, (hereinafter the "Consultant"). The City and the Consultant are sometimes hereinafter individually referred to as "Party" and hereinafter collectively referred to as the "Parties." RECITALS A. The Consultant desires to perform and assume responsibility and obligations for the services, as hereinafter described on the terms and conditions set forth herein. Consultant represents that it is experienced in providing engineering services for public clients, is licensed in the State of California, and is familiar with the Scope of Work of the City. • B. The City desires to contract for such services as hereinafter described for the South Highland Avenue and Juniper Avenue Sewer System Improvements ("Project")on the terms and conditions set forth herein. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein,the City and the Consultant agree as follows: OPERATIVE PROVISIONS SECTION I ENGAGEMENT AND SERVICES OF THE CONSULTANT 1. Engagement of Consultant. The City hereby engages the Consultant, subject to the terms and conditions set forth in this Agreement, to perform the services set forth in Exhibit "A" (the "Services"). The Consultant agrees to perform the Services in accordance with the terms and conditions of this•Agreement. 2. Performance of the Consultant. The Consultant accepts the relationship of trust and confidence established between the City and the Consultant by the terms of this Agree- ment. The Consultant covenants with the City to furnish its best skill, judgment and efforts and to cooperate with the City and any other consultants or contractors engaged by the City in the performance of the Services. The Consultant covenants to use its best efforts to perform its duties and obligations under this Agreement in an efficient, expeditious and economical manner, consistent with the best interests of the City. O:\O8-NO\2001\01-064\CONTRACTUAL SERVICES AGREEMENT.DOC 1 3. The Consultant's Personnel. The Consultant shall provide adequate, qualified and experienced administrative, management and technical personnel to perform the Services. 4. The Consultant's Responsibilities for Costs and Expenses. The Consultant shall be responsible for all costs and expenses incurred relative to the Consultant, personnel of the Consultant and subcontractors of the Consultant, in connection with the performance of the Services, including, without limitation, payment of salaries, fringe benefits contributions, payroll taxes, withholding taxes and other taxes or levies, office overhead expense, travel expenses, telephone and other telecommunication expenses, and document reproduction expenses. SECTION II RESPONSIBILITIES OF THE CONSULTANT 1. Personnel. The Services shall be performed by Consultant or under its supervision. The Consultant represents that it possesses the professional and technical personnel required to perform the Services. The City retains Consultant on an independent contractor basis and Consultant is not an employee of the City. The personnel performing the Services on behalf of the Consultant shall at all times be under the Consultant's exclusive direction and control. The Consultant shall pay all expenses including, without limitation, salaries, fringe benefit contributions, payroll taxes, withholding taxes and other taxes or levies and all other amounts due such personnel or due others as a result of the performance by such personnel of the Services in connection with their performance of the Services and other amounts due such personnel in connection with their performance of Services. 2. Cooperation/Project Administrator. Consultant shall work closely and cooperate fully with the City's designated Project Administrator, and any other agencies, which may have jurisdiction or interest in the Services. This Agreement will be administered by the Project Administrator. The Project Administrator, or his/her designee, shall be the principal officer of the City for liaison with the Consultant, and shall review and give approval to the details of the Services as they are performed. The City designates Mr. Ray Bragg as its Project Administrator, but reserves the right to appoint another person as Project Administrator upon written notice to the Consultant. 3. Project Manager. The Consultant shall designate and assign a project manager ("Project Manager"), who shall coordinate all phases of the Services. The Project Manager shall be available to the City at all reasonable times. The Consultant designates Thomas R. ' Holliman to be its Project Manager. 4. Time of Performance. The Services to be performed by Consultant under and pursuant to this Agreement shall be completed as directed by the City's Project Administrator in a timely manner. \\gSSOC\supportl\708-NO\2001\01-064\CONTRACTU4L SERVICES AGREEMENT.doc 2 5. Report Materials. At the completion of the Services, the Consultant shall deliver to the City all documents, data, studies, surveys, drawings, maps, models, photographs, and reports prepared by the Consultant or prepared by others for the use and/or benefit of the Consultant or otherwise provided to the Consultant by the City or by others under this Agreement (the "Report Materials"). The Report Materials shall be considered the property of the City and shall be delivered to the City upon the expiration or termination of this Agreement. The Consultant shall maintain all records on the project for at least three years after the final payment is made to the Consultant and all pending matters are closed. 6. City Policy. The Consultant shall discuss and review all matters relating to the Services with the Project Administrator in advance of all critical decision points in order to ensure that the Services proceed in a manner consistent with the goals and policies of the City. 7. Conformance to Applicable Requirements. All aspects of the provision of the Services by Consultant shall at all times conform to applicable city, county, state, and federal requirements and be subject to approval of the Project Administrator. 8. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, employees and agents against, and will hold and save them and each of them, harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision or other organization arising out of alleged negligent acts, errors, or omissions in connection with the provision of the Services by the Consultant, operations or activities of the Consultant, its agents, employees or subcontractors provided for herein, whether or not there is concurrent negligence on the part of the City, its officers, agents or employees (but excluding such actions, claims, damages to persons or property, penalties, obligations, or liabilities arising from the sole negligence or willful misconduct of the City, its City Council, agents, servants or independent contractors who are directly responsible to the City) and in connection therewith: A. The Consultant will promptly pay any judgment rendered against the Consultant or the City covering such claims, damages, penalties, obligations and liabilities arising out of negligent acts, errors, or omissions in connection with such services, operations, or activities of the Consultant hereunder; and the Consultant agrees to save and hold the City harmless therefrom, B. In the event the City is made a party to any action or proceeding filed or prosecuted against the Consultant for such damages or other claims arising out of alleged negligence in connection with the work, operations or activities of the Consultant hereunder, the Consultant agrees to pay to the City any and all costs and expenses incurred by City in such actions or proceedings, together with reasonable attorneys' fees. 0:V0&N=01\01069\C0NTRAGNAL SERVICES AGREEMENT.DOC 3 9. Standard of Care; Licenses. The Consultant represents and warrants that it and all personnel engaged in performing Services are and shall be fully qualified and are authorized or permitted under state and local law to perform such Services. The Consultant shall . perform the Services in a skillful and competent manner. The Consultant shall be responsible to City for any errors or omissions in the execution of its duties under this Agreement and in the performance of its duties hereunder. The Consultant represents and warrants that it and all personnel engaged in performing the Services have all licenses, permits, qualifications, and approvals of whatever nature that are legally required to practice its profession. The Consultant further represents and warrants that it shall keep in effect all such licenses, permits, and other approvals during the term of this Agreement. 10. Insurance. Without limiting the Consultant's indemnification of the City, the Consultant shall obtain and provide and maintain at its own expense during the term of this Agreement a policy or policies of liability insurance of the type and amounts described below and satisfactory to the City, in its sole discretion. Such policies shall be signed by a person authorized by that insurer to bind coverage on its behalf and must be filed with the City prior to exercising any right or performing the Services. Said policies, excepting professional liability, shall add as additional insured the City, its elected officials, officers, employees and agents for all liability arising from the Consultant's Services as described herein. A. Prior to the commencement of the Services, the Consultant shall provide to the City certificates of insurance with original endorsements, and copies of policies, if requested by the City, of the following insurance, with Best's Class B+VIII or better carriers: . (1) Workers' compensation insurance covering all employees and principals of the Consultant, in a minimum amount of $1 million per accident, effective per the laws of the State of California; (2) Commercial general liability insurance covering third party liability risks, including without limitation contractual liability, in a minimum amount. of$1 million combined single limit per occurrence for bodily injury, personal injury, and property damage. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate shall apply separately to this project, or the general aggregate limit shall be twice the occurrence limit; (3) Commercial auto liability and property insurance covering any owned and rented vehicles of the Consultant in a minimum amount of$1 million combined single limit per accident for bodily injury and property damage. \\ASSOC1supporti\70B-NOV001\01-064\CONTRACTUAL SERVICES AGREEMENT.doc 4 (4) Professional liability insurance covering errors and omissions on the part of the Consultant, in a minimum amount of$1 million each claim on a claims made form. B. Said policy or policies shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30) days prior notice has been given in writing to the City except in case of non-payment of premium, 10 days notice will be provided. The Consultant shall give to the City prompt and timely notice of claim made or suit instituted arising out of the Consultant's operation hereunder. The Consultant shall also procure and maintain, at its own cost and expense; any additional kinds of insurance, which in its own judgment may be necessary for its proper ' protection and performance of the Services. C. The Consultant shall include subcontracting consultants, if any, as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for each subcontractor shall be subject to the requirements stated herein. 11. Prohibition Against Transfers. A. The. Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly by operation of law without the prior written consent of the City. Any attempt to do so without the prior written consent of the City shall be null and void, and any assignee, sublessee, hypothecatee or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation, or transfer. B. The sale, assignment, transfer, or other disposition of any of the issued and outstanding capital stock of the Consultant, if the Consultant is a corporation or of the interest of any general partner or joint ventured or syndicate member or co- tenant of the Consultant, if the Consultant is a partnership or a joint venture or a syndicate or a co-tenancy, which shall result in changing the control of the Consultant, shall be deemed an assignment of this Agreement. For purposes of this paragraph, "control" means the ownership of fifty percent (50%) or more of the voting power of the corporation or fifty percent (50%) or more of the voting power of a partnership,joint venture, syndicate or co-tenancy. 12. Progress. The Consultant is responsible to keep the Project Administrator and/or his/her duly authorized designee informed on a regular basis regarding the status and progress of the Services, activities performed and planned, and any meetings that have been scheduled or are desired relative to the Services or relative to this Agreement. 13. Confidentiality. No news releases, including photographs, public announcements, or confirmations of the same, of any part of the subject matter of this Agreement or any phase of the Services shall be made without prior written consent of the City: The \\ASSOC\supportsVO&NO\2001\01-064\CONTRAC UAL SERVICE AGREEMENTdoc 5 information which results from the Services in this Agreement is to be kept confidential unless the release of information is authorized by the City. 14. Scheduling. The.Consultant shall generally have no obligation to work any particular schedule. Provided, the Consultant will coordinate with the City in achieving the results sought under the terms of this Agreement. 15. No Set Hours/Right to Contract. The Consultant's obligation hereunder is to complete the Services and to meet any deadlines set forth therein. The Consultant has no obligation to work any particular hours or days or any particular number of hours or days. In this regard, the Consultant retains the right to contract for similar Services with any other entity, public or private. 16. Results. The City agrees that it will have no right to control or direct the details, manner or means by which the Consultant accomplishes the results of the Services performed hereunder. SECTION III RESPONSIBILITIES OF THE CITY 1. Cooperation. The City shall cooperate with the Consultant relative to the provisions of the Services. SECTION IV COMPENSATION Compensation. In consideration of the performance by the Consultant of the Services, the City shall pay to the Consultant the fees set forth on Exhibit "B" (the "Compensation"), in a not-to-exceed amount of$69,500.00. 2. Extra Service. The Consultant shall .not receive additional Compensation for any extra service unless such extra service has been authorized in writing by the City prior to the. commencement of the extra service. The City shall pay the Consultant for extra service in accordance with the fee schedule set forth on Exhibit "B". 3. Payment of Compensation. The Consultant shall submit invoices to the City on a monthly or on such other basis as set forth in Exhibit"B". Each invoice will be itemized. Each invoice shall show the number of hours worked per person/Consultant and the nature of the service performed. The City shall make payments to the Consultant within thirty (30) days following the date of receipt of the invoice unless the City disputes the amount of the Compensation the Consultant claims it is owed under this Agreement. \\ASSOC\supportl\70&NO\2001\01-064\CONTRACTUAL SERVICES AGREEMENT.doc 6 4. Withholding: A. Disputed Sums. The City may withhold payment of any portion of the Compensation if payment is disputed until resolution of the dispute with the Consultant. Such withholding by the City shall not be deemed to constitute a failure to pay by the City. The Consultant shall not discontinue the performance of the Services for a period of thirty (30) days from the date Compensation is withheld hereunder. The Consultant shall have an immediate right to appeal to the City Manager with respect to withheld amounts. The determination of the City Manager with respect to such matters shall be final.The Consultant shall be entitled to receive interest on any portions of the Compensation withheld which are thereafter deemed to be properly payable to the Consultant at the rate of seven percent (7%)per annum, simple interest. B. Retention. The City shall have the right to retain an amount equal to ten percent (10%) of the Compensation ("Retention"). The Retention shall be released to the Consultant upon final approval and acceptance of the Services,by the City. The City shall have the right without further liability to the Consultant, to utilize the Retention to satisfy obligations of the City relative to the Services in the event the Consultant does not complete the Services satisfactory to the City. SECTION V EXPIRATION AND TERMINATION 1. Events of Default. Each of the following events shall constitute an "Event of Default": A. The Consultant shall fail to observe, perform or comply with any material term, covenant, agreement or condition of this Agreement which is to be observed, performed or complied with by the Consultant, if such failure to continue uncured for three(3) calendar days after the City gives the Consultant notice of any failure and specified the nature of such failure. B. The Consultant shall commit any fraud, misrepresentation, breach of fiduciary duty, willful misconduct, or intentional breach of any provision of this Agreement. 2. Termination Upon Event of Default. In addition to any other available legal or equitable rights or remedies, upon an Event of Default by the Consultant, the City shall have the right to terminate this Agreement upon written notice to the Consultant. 3. Expiration. Unless extended this Agreement shall expire upon (a) the Completion Date, or(b)full payment of the Compensation. \VISSOC\svpportl\ B NO\2001\01-064\CONTRAC UAL SERVICE AGREEMENT.doc 7 . 4. Payment Upon Termination: Upon a termination of this Agreement as provided in paragraph 2 of this Section, the City shall pay to the Consultant the part of the Compensation which would otherwise be payable to the Consultant with respect to the Services which had been completed as of the date of termination, less the amount of all previous payments with respect to the Compensation. VI GENERAL PROVISIONS 1. Nondiscrimination by the Consultant. The Consultant represents and agrees that the Consultant, its affiliates, subsidiaries, or holding companies do not and will not discriminate against any subcontractor, consultant, employee, or applicant for employment because of race, religion, color, sex, handicap, or national origin. Such nondiscrimination shall include, but not be limited to, the following: employment, upgrading, demotion, transfers, recruitment, recruitment advertising, layoff, termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. 2. City's Rights to Employ Other Consultants. The City reserves the right to employ other consultants in connection with this project. 3. Conflicts of Interest. A. The Consultant or its employees may be subject to the provisions of the California Political Reform Act of 1974 (the "Act"), which (1) requires such persons to disclose financial interests that may foreseeable be materially affected by the work performed under this Agreement, and (2) prohibits such persons from making, or participating in making, decisions that will foreseeable financially affect such interests. B. If subject to the Act, the Consultant shall conform to all requirements of the Act. Failure to do so constitutes a material breach and is grounds for termination of this Agreement by the City. 4. Subcontractor. The Consultant shall not subcontract any portion of the Services except as expressly stated herein, without prior written consent of the City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement: \\ASSOC Vupport1V06-N0\2001\01.064\CONTRACTUAL SERVICES AGREEMENT.doc 8 5. Waiver. No waiver of any default shall constitute a waiver of any other breach or default, whether of the same or any other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by other parties shall give the other any contractual right by custom, estoppel, or otherwise. 6. Notices. All notices required hereunder shall be given in writing to the following addresses or such other addresses as the parties may designate by written notice: To the City: City of Fontana Redevelopment/Special Projects Department 8353 Sierra Avenue Fontana, CA 92335-0518 Attention: Paul Balbach, Principal Transportation Engineer To the Consultant: Associated Engineers, Inc. 3311 E. Shelby Street Ontario, CA 91764-4872 Attention: April M. Morris, President Notice shall be deemed received as follows, depending upon the method of transmittal: by facsimile, as of the date and time sent; by messenger, as of the date delivered; and by U.S. Mail, certified, return receipt requested, as of 72 hours after deposit in the U.S. Mail. 7. Authority to Enter Agreement. The Consultant is a corporation duly organized, validly existing in good standing under the laws of the State of California and will continue to be so during the term of this Agreement. The Consultant has all requisite power and authority to conduct its business and to execute and deliver, and to perform all of its obligations under this Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right and authority to enter into this Agreement so as to bind each respective Party to perform the conditions contemplated herein. 8. Severability. If any portion of this Agreement is declared by a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions of this Agreement shall continue in full force and effect. , \\ASSOC\support1\ID&NO\2001\01-064\CONTRACUAL SERVICES AGREEMENTdoc - 9 9. Time is of the Essence. Time is of the essence in this Agreement, and all parties agree to execute all documents and to proceed with due diligence to complete all covenants and conditions set forth herein. 10. Attorneys'Fees and Costs. If any legal action or other proceeding is brought for the enforcement of this Agreement or because of an alleged dispute, breach, default, or misrepresentation in connection with any provisions of this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorneys'fees and other costs incurred in that action or proceeding, in addition to any other relief to which it may be entitled. 11. Governing Law and Venue. This Agreement shall be construed in.accordance with and governed by the laws of the State of California. Any lawsuit brought to enforce this Agreement shall be brought in the appropriate court in San Bernardino County, State of California. 12. Waiver. No waiver of any provision of this Agreement shall be deemed or shall constitute a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be deemed a waiver and no waiver shall be binding unless executed in writing by the party making the waiver. 13. Days. Any term in this Agreement referencing time, days, or period for performance shall be deemed to be calendar days and not work days. 14. Entire Agreement. This Agreement contains the entire agreement of the City and the Consultant and supersedes any prior or written statements or agreements between the City and the Consultant. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing by both parties. 15. Binding on Assigns. Each and all of the covenants and conditions of this Agreement shall be binding on and shall inure to the benefit of the successors and assigns of the respective parties. \\ASSOC\support1\708-N01,2001\01.064\CONTRACTUAL SERVICES AGREEMENT.doc - 10 16. Invalidity. The illegality of any provision of this Agreement shall not affect the remainder of this Agreement. 17. Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original and which collectively shall constitute one instrument. 18. Captions. The captions of the various articles and paragraphs 'of this Agreement are for the convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content,or intent of this Agreement or of any part or parts of this Agreement. 19. Construction. In all cases, the language in all parts of this Agreement shall be construed simply, according to its fair meaning and not strictly for or against any party, it being agreed that the parties or their agents have all participated in the preparation of this Agreement. 20. Cooperation/Further Acts. The parties shall fully cooperate with one another in attaining the purposes of this Agree- ment and, in connection therewith, shall take any such additional further acts and steps and sign any such additional documents as may be necessary, appropriate and convenient as related thereto. 21. Suspension of Services. Notwithstanding any other provision of this Agreement to the contrary, the Services performed by the Consultant may be suspended by the City in whole or in part from time to time, in any number of times, when determined by the City, in its sole discretion, that suspension is necessary and in the interest of the City. The Consultant shall comply immediately with any written order by the City suspending the Services. The Services shall be suspended until receipt by the Consultant of a written Services commencement order from the City. Further, and notwithstanding any other provision of this Agreement to the contrary, any such suspension shall not relieve the Consultant of any of its obligations under this Agreement. Further, and notwithstanding any other provision of this Agreement to the. contrary, any such suspension shall be without any liability to the Consultant on the part of the City, and the Consultant shall not be entitled to any additional compensation as a result of such suspension. \\ASSOC\supportl\7O&NO\2001\01-064\CONTRACTUAL SERVICES AGREEMENT.doc 1 1 22. Incorporation of Recitals and Exhibits. A. The "Recitals" constitute a material part hereof, and are hereby incorporated by reference herein as though fully set forth hereto. B. The "Exhibits" constitute a material part hereof, and are hereby incorporated by reference herein as though fully set forth hereto. 23. References. All references to the Consultant shall include all personnel, employees, agents and subcontractors of the Consultant. \\ASSOC\support1V0B-NO\2001 1-064\CONTRACTUAL SERVICES AGREEMENT.doc 12 CONTRACTUAL SERVICES AGREEMENT ENGINEERING SERVICES - SOUTH HIGHLAND AVENUE AND JUNIPER AVENUE SEWER SYSTEM IMPROVEMENTS CITY OF FONTANA, Consultant: A Municipal Corporation, ASSOCIATED ENGINEERS, INC. ,/% Ke eth . Hun Ap ' M. Morris 7-/--(r/ City Manager President ATTEST: 'Beatrice Watson City Clerk Approved as to legal form: Clar Alsop or S phen P. ► ch City Attorney Revie el by: ' aymond :ra g Redevelopment/Special Projects Director L20,AL.4 JIB Gracie Fernandez Harmon Risk Management \\ASSOC\supportiVOE-NOV001\01-064\CONTRACTUAL SERVICES AGREEMENT.doc 13 CITY OF FONTANA '�1�['~`. orb Engineering Services for sL""` South Highland Avenue and Juniper Avenue P1/40 Sewer System Improvements EXHIBIT "A" SCOPE OF WORK A. OVERVIEW & KEY OBJECTIVES 1.0 Project Background The Fontana planning area encompasses approximately 52 square miles (36 square miles-city limits/16 square miles-sphere of influence area). The City has seen significant growth during the last forty years when population levels increased by 900%. This population growth has also been coupled with a shift in the make-up of the City from farming and steel manufacturing town, to a residential,commercial and industrial city. One of the recent developments in the City has been the California Speedway, which attracts more than 100,000 spectators for race events. Associated Engineers was the key civil consultant on the development of the California Speedway and provided sewer system design services for the project along with a wide variety of civil engineering design. While this growth has transformed the City into a multi-faceted, desirable community, the City's major infrastructure, in particular sewer, has not kept up with the development needs. Major sewer systems are necessary to ensure that the health and safety of persons and property is maintained. As the construction of State Route 210 Foothill Freeway is completed in July 2001 in the Fontana area,the demand for local. infrastructure becomes more critical. New development projects are nearing construction stage in the vicinity of the Freeway. Associated Engineers has been deeply involved in the construction of State Route 210 providing utility and survey services to SANBAG and Caltrans. Our knowledge of the area and the impacts on the infrastructure systems is unique. 2.0 Project Description The South Highland Avenue and Juniper Avenue Sewer System Improvements ("Project') will consist of approximately 5,000 feet of new sewer main. The Project will run west along South Highland Avenue from Sierra Avenue to Juniper Avenue, south along Juniper Avenue to Walnut Avenue, west on Walnut Avenue to Cypress Avenue. In addition to providing sewer service to parcels adjacent to those streets, there are other areas just beyond the project alignment that may be able to be served from the new sewer main. These areas are generally east of Sierra Avenue along South Highland Avenue, and west of Juniper Avenue along South Highland Avenue. The area served by the Project is largely undeveloped, but several projects are already underway, and the completion of State Route 210 will add to the pace and diversity of development. \\ASSOC\svppora108-N0\2001\01-064\EXHIBIT A-SCOPE OF WORK DOC 1 '£HE :«N, CITY OF FONTANA 1�( „0,F o Engineering Services for ti:1!!!I\ nca, .�, 11 , :. South Highland Avenue and Juniper Avenue 4-as-to Sewer System Improvements 3.0 Key Project Objectives In order to develop a comprehensive scope of work,the key objectives of the project need to be identified. Associated Engineers has evaluated the project requirements,and the design constraints and has developed the following list of key project objectives: 3.1 Project Schedule-the most critical issue that must be addressed is completing the new sewer line before a new commercial development at the southwest corner of Sierra Avenue and South Highland Avenue is completion and ready for sewer service. This will require a rapid planning and design phase in order to allow the project to move through normal City approvals and still be completed in time for the new development. Based on our analysis of the project,we project a completed design within 11- 12 weeks from a Notice to Proceed from the City, including two (2)weeks for City review. 3.2 Service.Area — in order to size the sewer main and finalize the alignment, a determination of the service area for the sewer must be completed quickly. Associated Engineers will analyze current topography and City approved zoning to identify the parcels which will be served by the sewer. This information will be compared to the City's sewer master plan and a final technical memorandum will be prepared documenting the tributary area for the new sewer. 3.3 Sewer Sizing—based on the technical memorandum developed in 3.2 a final sewer sizing will be made along with recommendations for construction material. This sizing must recognize interim demands and the ultimate demands, and allow the City to operate the sewer under both conditions without problems. 3.4 Traffic Control Plan—the final key objective will be to develop a traffic control plan that will allow the project to be constructed with the least impact on on-going projects in the area, residential and commercial traffic, and still provide a cost effective project. B. Design Services In response to the City's request for a proposal to provide engineering design services for the Project, Associated Engineers (AE)will provide the specific services requested are listed below: 1. Phase 1-Design Stage a. Data Collection • AE will attend an initial kick-off meeting with City staff to review the objectives of the Project and the timing issues relative to preparing final design documents. AE will ask City staff to provide copies of as-built drawings of the Project impacted streets, if available, and any other documents such as master plans, zoning documents, etc. which may provide information for the Project. \VSSOkupporti Oa-NO2OO1\01-0641IXFQBIT A-SCOPE OF WORK.DOC 2 • °1„ r 7� CITY OF FONTANA ' ilil�s o Engineering Services for 1,ir\iora r, fix,,k South Highland Avenue and Juniper Avenue �, �-_ ., Sewer System Improvements • AE will conduct research and compile all necessary data, including record drawings for utilities in the vicinity of the project, records of survey, tract maps, monument ties, benchmark data, street improvement drawings, and construction drawings from utility companies for all affected utilities. AE will identify, tie and reset any survey monument of record that will be affected by construction. b. Sewer Plans • AE will prepare the base construction drawings on 24"by 36" construction drawing sheets with the City of Fontana's standard title block. The drawings will be prepared at a horizontal scale of 1" =40' and a vertical scale of 1"=4'. The construction drawings will show property lines, Assessors Parcel Numbers, existing improvements/utilities, street centerline, and survey data. • AE will submit the required number of sets of plans and specifications to the City for plan checking and approval. AE will make corrections from comments until Plans and Contract Specifications are approved by the City Engineer. • AE will provide final plans in the form of original mylars (24" x 36") and on diskette or CD in AutoCAD 2000 and text specifications in Microsoft Word 97. c. Determination of Service Area • AE will establish the limits of the service area and conduct an ultimate wastewater flow analysis for the tributary area to the proposed sewer system. Based on the flow analysis,the sewer diameter will be determined. The best location for sewer laterals shall be identified where applicable. In addition, AE will confirm that the proposed sewer system flow will not adversely impact downstream sewers. A technical memorandum summarizing AE's finding will be provided to the City prior to commencing final design. d. Traffic Control Plan • AE will prepare a traffic control plan for directing the traffic during construction. The Traffic Control Plan will be stamped by an individual authorized and licensed in the State of California as a Civil Engineer. The plan will be developed in compliance with City standards and the W.A.T.C.H. handbook guidelines. e. Utilities Coordination/Drawings • AE will coordinate with all the utility companies having any facilities in the area. AE will follow City established procedure for utility coordination. The plans and specifications will clearly identify any W.SSOC\supp 1\30B-HO\2001\01-064\EXHffiITA-SCOPE OF WORK.DOC 3 T E of`0" "`,'T�. CITY OF FONTANA r ��1�� ... c • Engineering Services for ��r;:' : South Highland Avenue and Juniper Avenue r,,ia0-7 o� Sewer System Improvements utilities to be relocated or to be protected in place. The sewer alignment will maintain proper separation from existing utilities and improvements and to allow for construction with minimum _ disruption to local traffic. f. Preliminary and Final Cost Estimates • AE will provide a Preliminary Cost Estimate at completion of the preliminary plans and a Final Cost Estimate after the final approval of the plans by the City Engineer. g. Contract Special Provisions • AE will provide contract special provisions to be used in conjunction with the City's standard specifications, and the Standard Specifications for Public Works Construction, latest edition. This will include, but not be limited to, working hours, access to project site, dust control, insurance requirements, permits, and community and environmental mitigation of construction impacts. h. Design Surveying Services • AE will provide the aerial photogrammetry services with the topographic data in digital format. All data will be prepared at a scale of 1" = 40' with a one (1) foot contour interval and topographic features. • AE will conduct the necessary field review complementing the aerial topography to ensure that all existing improvements/utilities and project details are correctly represented. 2. Phase 2-Pre-construction Stage a. Assistance during bidding • AE will provide technical assistance to the City st ff during bidding process on an as needed basis. This may include attendance at the bid opening, review of bids, preparation of a recommendation for award. b. Pre-construction meeting • AE will attend and participate in the Pre-Construction meeting. AE will provide assistance to City in answering any questions which may result from the meeting regarding the design and/or specifications. 4 \\ASSOC\support1V0B-NO\2001\01-064\EXHIBIT A•SCOPE OF WORK.DOC (J TE t CITY OF FONTANA i Engineering Services for 4 flint\ f South Highland Avenue and Juniper Avenue ' i1 N,i;ti ' k ® ' ':' Sewer System Improvements ��r'�� o� Y P 3. Phase 3—Construction and Post Construction Stage a. Review Submittals, RFPs, and Construction Design Changes • During the project construction phase, AE will review and provide comments on shop drawings and submittals, RFI, and construction design changes when requested by the City Project Manager. For the purposes of this proposal AE has estimated a total of 50 shop drawings, RFI's, and construction design changes. b. Construction Surveying Services • AE will provide construction engineering and staking services in the form of answering questions from the contractor, via the City staff (construction engineering), and participating in resolving field conflicts with the design, and reviewing change orders, as requested by the City. AE will provide construction staking for the sewer main construction in accordance with the specifications. c. Geotechnical Services • AE will assist the City in obtaining geotechnical services, and assist the City in scheduling and reviewing geotechnical work. AE's fee does not include the cost of the geotechnical services which be rendered by an independent geotechnical consultant. d. Record Drawings • AE will prepare the Record Drawing (Mylars)from the Contractor's and City Inspector's redline "Record Drawings"plans at the project completion. This work will be completed within 60 days of the filing of the Notice of Completion by the City. 4. Design Management Services • • AE will submit invoices to the City on a monthly basis. Each invoice will be itemized and will list personnel, hours, hourly rate, task performed, last month billing, current month billing, and remaining balance. • AE will submit a monthly Progress Report to the City's designated Project Manager in the first week of each month. I \\ASSOC\wppod1VOB.NO\2001\01-064\XHIBIT A-SCOPE OF WORK.DOC 5 • THE ° CITY OF FONTANA iAir l- Engineering Services for ; I South Highland Avenue and Juniper Avenue q4:•a 0o Sewer System Improvements C. MANHOUR ESTIMATES AND SCHEDULE Associated Engineers has developed the attached man-hour estimates and schedule for the project. In accordance with the RFP, we have included fees for each of the three phases. These fees reflect our understanding of the project and our recommended scope of work activities. We have indicated in the estimates, our intent to provide high level staff-to this project from Associated Engineers to ensure that the project design meets or exceeds your expectations. In response to your request,we have also provided a fee for services during construction. However,until such time as the final design is complete several variables are undetermined making a definitive fee difficult to prepare. Fees for RFI's and shop drawings, construction staking, and geotechnical services management are based on our experience in the level effort normally associated with a project of this size and magnitude, and the amount of time traditionally expected for construction. When final design is complete, it would be appropriate to review those services and fees to reflect the conditions and constraints that we expect for the construction stage of the Project. \\ASSOC\support1VOB-NO\2001\01-064\IXMBIT A-SCOPE OF WORK.DOC 6 PROJECT SCHEDULE Description Originai �ztxtt 2002� Durntfon APR MAY JUN JUL 'AUG SEP OCT NOY DEC JAN FEB MAR APR MAY JUN JUL; PHASE 1 - DESIGN STAGE 55d * 02JUL01 17SEP01 Data Collection 10d 02JUL01 16JUL01 Sewer Plans 40d 24JUL01 s 17SEP01 Determination of Service Area 10d 02JUL01 16JUL01 Traffic Control Plan 30d 31JUL01 REMERI 10SEP01 Utilities Coordination/Drawings 20d 02JUL01 30JUL01 Preliminary and Final Cost Estimates 25d 07AUG01 10SEP01 Contract Special Provisions 25d 07AUG01 REM 10SEP01 Design Surveying Services 15d 02JUL01 mr123JUL01 PHASE 2 - PRE-CONSTRUCTION STAGE 45d * 18SEP01 19NOV01 Assistance During Bidding 10d 18SEP01 01 OCT01 Pre-construction Meeting 5d 13NOV01 119NOV01 PHASE 3 CONSTRUCTION / POST CONSTRUCTION PHASE 120d * 20NOV01 08MAY02 Review Submittals, RFI's & Const. Design Changes 40d 20NOV01 16JAN02 9 Construction Surveying Services 40d 17JAN02 13MAR02 Geotechnical Services 10d 20NOV01®03DEC01 Record Drawings 40d 14MAR02 08MAY02 Start date 01JUL01 — Early bar Finish date 08MAY02 P09401 01 Data date 01JUL01 South Highland Avenue and Juniper Avenue mu Progress bar Run date 29JUN01 Sewer System Improvements, SP-46-01 Nilo Critical bar Page number 1A ©Primavera Systems,Inc. Summary bar • CITY OF FONTANA . otoo � Engineering Services for ��4-_ ; . q. South Highland Avenue and Juniper Avenue jrp 1,Tin Sewer System Improvements :� - T"Iti f 04 Avg EXHIBIT "B" FEES Description Fee Phase I Design Stage a) Data Collection �' $5,500.00 \\\\( b) Sewer Plans $17,800.00 +(a o c) Determination of Service Area $2,100.00 d) Traffic Control Plans / $4,700.00 e) Utilities Coordination/Drawings $12,000.00 f) Preliminary and Final Cost Estimate j $800.00 g) Contract Special Provisions I $2,400.00 h) Design Surveying Services i $5,300.00 20,, r>k�•�..a '3 0/ 1e,/,)0 Phase II Pre-Construction Stage a) Assistance during Bidding Process $2,100.00 b) Pre-Construction Meeting $750.00 Phase III Construction and Post Construction Stage a) Review Submittals, RFI's, and Construction Design Changes $6,000.00 b) Construction Surveying Services $8,000.00 c) Geotechnical Services $450.00 d) Record Drawings $1,600.00 + i oso Consultant's All Inclusive Total Proposed Fee (Lump Sum) $69,500.00 Please attach a fee schedule of hourly rates or level of personnel. Authorized Signature O\ob\2001\IH01-064\EXHIBIT B-FEE,XL6 6/29/01 IlikAssociated Engineers, Inc. CONSULTING CIVIL ENGINEERS 3311 E.SHELBY STREET,ONTARIO,CA 91764-4872 (909)980-1982 FAX(909)941-0891 • HOURLY RATES (Effective 2/19/01) OFFICE TIME Principal Registered Civil Engineer/CEO $140.00 per hour Principal Registered Civil Engineer $130.00 per hour Principal Licensed Land Surveyor $130.00 per hour Principal Construction Administrator $130.00 per hour Senior Construction Administrator $115.00 per hour Civil Engineer 1. Project Manager $110.00 per hour 2. Senior $100.00 per hour 3. Associate $90.00 per hour Assistant Engineer $85.00 per hour Junior Engineer $72.00 per hour Utility Coordinator $75.00 per hour Chief of Surveys $80.00 per hour Licensed Land Surveyor $98.00 per hour Land Survey Technician $72.00 per hour Cadd Technician $66.00 per hour Engineering Aide $48.00 per hour Senior Administrator $90.00 per hour Accounting Coordinator $48.00 per hour Administrative Assistant $38.00 per hour FIELD TIME 4-Man Survey Party $260.00 per hour 3-Man Survey Party $220.00 per hour 2-Man Survey Party $175.00 per hour 1-Man Survey Party $130.00 per hour Flagman $48.00 per hour Senior Staff Inspector $85.00 per hour Staff Inspector ` $65.00 per hour Travel Time-3-Man Survey Party $100.00 per hour Travel Time -2-Man Survey Party $75.00 per hour Above schedule is for straight time only. Overtime requested by client will be at 1-1/2 times the rates shown and Sundays/Holidays at 3 times the rates shown.These hourly rates do not include printing costs,fees paid to Governmental agencies or other reimbursable expenses. Above schedule subject to change based on annual increases to direct labor rates. Travel time rates will be billed for those hours in excess of 8 hours per day. Expert Witness time will be billed at 11/2 times the hourly rates shown with a 4 hour minimum plus expenses. 0:\OFFICE\FORMS\FORMS\HOURLY RATES 2-19-01.DOC PLANNING DESIGNING SURVEYING • • NON-COLLUSION.AFFIDAVIT SP-46-01 STATE OF CALIFORNIA ) ) COUNTY OF San Be)c.ncuzd n.o ) Thomas R. +lo2,P.>man • being first duly sworn, deposes and says that he/she is Pito feat Manager of Ass o c i.a ed Eng.i neem Ire. (Title) (Name of Proposer) the party making the foregoing proposal; that the proposal is not made in the interest of, or on behalf of, and undisclosed person,partnership, company, association,organization,or corporation; that the proposal is genuine and non collusive or sham; that the proposer has not directly or indirectly colluded, conspired, connived,or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly colluded;conspired,connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer, or to fix any overhead,profit or cost element of the proposal price, or of that of any other proposer,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid,and will not,pay,any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. JENEE M,BOYD .: comm.x 1182430 (Signature) NOTARY PUBUC-CAUFORNIA E 1-; ` , , COUNTY OFSAN BERNARDINO Thama�s R. Ho?.2.iman I = MYCOUIM.EXP iE$NO EEuIBEA22.2o01 K �( (Typed Name) SUBSCRIBED BEFORE ME on this 12thday of June ,2001. • (Notary Publi ) My Commission Expires: J/" c- 'd)OJ ( . 11 CITY OF FONTANA RESPONSE FORM FOR ENGINEERING SERVICES FOR SOUTH HIGHLAND AVENUE AND JUNIPER AVENUE SEWER SYSTEM IMPROVEMENTS SP-46-01 Solicitors are requested to complete this proposal response form and return it in a enclosed envelope to the City of Fontana, Purchasing Office, Business Services, 8353 Sierra Avenue, Fontana, California,by no later than 2:00 p.m. on June 12,2001. The envelope should be sealed and clearly marked "Pricing, SP-42-01, SOUTH HIGHLAND AVENUE AND JUNIPER AVENUE SEWER SYSTEM IMPROVEMENTS ". TO: CITY OF FONTANA FROM: M4oc ia-ted Enginevo, Inc. Company Name 3311 E. SheLby Street, Owes -Lo, CA 91764-4872 Address (909) 980-1982 (909) 941-0891 Pho e ber cixe Fax Number �.� Pnaj ect Manage�c Authorized Signa a Title Thomas R. Ho.-Ulan June 12, 2001 Print Name Date GRAND TOTAL $ 69,500. 00 The above-signed agrees to furnish to the City of Fontana with the scope of services and conditions set forth in the proposal SP-46-01 in detail without exceptions other than by mutual agreement. For technical questions, contact: For all other questions, contact: Paul Balbach, Principal Transportation Engineer Sid Lambert (909)350-7629 . (909) 350-7678 Redevelopment/Special Projects Department Purchasing Office 12 CITY COUNCIL ACTION REPORT JULY 17, 2001 FROM: Redevelopment/Special Projects Department SUBJECT: Approve Contractual Services Agreement with Associated Engineers, Inc., to prepare the design, construction plans, and provide construction engineering services for the Juniper, Walnut to South Highland Avenue Sewer System Improvements Project. RECOMMENDATION: APPROVE, AUTHORIZE AND DIRECT THE CITY MANAGER TO EXECUTE A CONTRACT SERVICES AGREEMENT BETWEEN THE CITY OF FONTANA AND ASSOCIATED ENGINEERS INC., TO PREPARE THE DESIGN, CONSTRUCTION PLANS AND PROVIDE CONSTRUCTION ENGINEERING SERVICES FOR THE SOUTH HIGHLAND AVENUE AND JUNIPER AVENUE SEWER SYSTEM IMPROVEMENTS PROJECT, IN THE AMOUNT OF $69,500 PLUS A 10% CONTINGENCY AMOUNT OF $6,950. COUNCIL GOALS: To invest in the City's Infrastructure by providing for the development of new infrastructure. DISCUSSION: Rapid growth in north.Fontana requires the development.of new infrastructure in order to ensure that the health and safety of our citizens is maintained: State Route 30 (210 Freeway) nears completion through the City of Fontana to Sierra Avenue, and is scheduled to open in mid August 2001. New commercial projects are being discussed at the intersection of Sierra Avenue at South Highland Avenue. The demand for infrastructure to serve this area becomes more critical.The subject project will provide for the design of a sewer main line of approximately 5,000 feet • in length, west along South Highland Avenue from Sierra Avenue to Juniper Avenue, south along Juniper Avenue to Walnut Avenue, and west on Walnut Avenue to Cypress Avenue where it ties in to an existing sewer line. The City's proposed engineering design contract with Associated Engineers, Inc. for $76,450 is estimated to take four months to complete construction drawings. Funds for construction are also budgeted in this fiscal year. The construction is estimated to begin in January 2002, with a completion date of June 2002. The Purchasing office solicited proposals from firms for the South Highland Avenue and Juniper Avenue Sewer System Improvements Project (SP-46-01) and two firms submitted proposals. The evaluation team selected the firm of Associated Engineers, Inc., Ontario, California as the most qualified firm to perform this project. . • • Page 1 of 2 Citts r _. FISCAL IMPACT: Funds for this design project are budgeted in FY 2001/2002 in Fund 425, Robert W. Weddle Capital Improvement Program. MOTION: Approve staff recommendation. SUB ED BY: . APPROVED BY: mond ragg Kenneth R. Hunt Redevelopment/Spe 'al rojects City Manager Director Attachment: Contractual Services Agreement (in the City Clerk's Office) • • • Page 2 of 2 J ACORD I ) : L I I cs :: :::::: DATE(MM/DDYY)R: Lo : : ................... 07/13/01 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ACEC/MARSH HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR 800 Market St, Ste. 2600 • ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. St. Louis MO 63101-2500 COMPANIES AFFORDING COVERAGE Dana L. Wolfe COMPANY Phone No. 800-338-1391 FaxNo. 888-621-3173 A Hartford Accident & Indemnity INSURED COMPANY • COMPANY ' Associated Engineers, Inc. C • 3311 E. Shelby Street COMPANY Ontario CA 91764-4872 D . . RAG S.......:.:.:.......:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.......:..:.:.:.:.:.:.......:.:.:.:.:.:.:.:.:.:.:.:.......:.:.:.......:.:.:.:.:.:.:. ......:::::::::::::::::::::::::::':;:;:::;:;:;:;:;:;:;:;:;:::;'::::::::::::::::< THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR DATE(MM/DD/YY) DATE(MM/DDNY) GENERAL LIABILITY GENERAL AGGREGATE $2 0 0 0 0 0 0 A X COMMERCIAL GENERAL LIABILITY 84SBXKQ4868 11/01/00 11/01/01 PRODUCTS-COMP/OPAGG $2000000 CLAIMS MADE X OCCUR PERSONAL&ADV INJURY $ 10 0 0 0 0 0 OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE $10 0 0 0 0 0 X CONTRACTUAL LIAB FIRE DAMAGE(Any one fire) $ 10 0 0 0 0 0 X CROSS LIABILITY • MED EXP(Any one person) $ 10000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $10 0 0 0 0 0 A X ANYAUTO 84UEVLL4759 11/01/00 11/01/01 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS • BODILY INJURY X NON-OWNED AUTOS (Per accident) $ • PROPERTY DAMAGE $ , GARAGE LIABILITY j AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN AUTO ONLY: • EACH ACCIDENT $ AGGREGATE $ EXCESS LIABILITY EACH OCCURRENCE $4 0 0 0 0 0 0 A X UMBRELLA FORM 84SBXKQ4868 11/01/00 11/01/01 AGGREGATE $4000000 OTHER THAN UMBRELLA FORM $ WORKERS COMPENSATION AND _ TORY LIMITS OER :•:::::::::::::::::::. ................... EMPLOYERS'LIABILITY EL EACH ACCIDENT, $ THE PROPRIETOR/ INCL • EL DISEASE-POLICY LIMIT $ PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ OTHER DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS RE: SOUTH HIGHLAND AVE. AND JUNIPER AVE. SEWER SYSTEM IMPVTS. LLAtIQtJ: :< >: :C; RTt�lr .7.i.bLb�f2 CTY-FON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL . 3 0 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, CITY OF FONTANA BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY ATT: PAUL BALBACH 8353 SIERRA AVE. - OF ANY KIND UPON THE COMPANY,ITS AGENTS ORREPRESENTATIVES. FONTANA CA 92335 • 0.jS-A, Q. C- .. .• S4 f I{7N:1988:;:;: Client#: 5084 ASSOCENGI1 ACORDTM CERTIFICATE OF LIABILITY INSURANCE 07/13/2001 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 600 South Lake Ave. , Suite 308 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Pasadena, CA 91106 626 844 3070 INSURERS AFFORDING COVERAGE INSURED INSURER A: American Motorists Ins'. Co. Associated Engineers, Inc . INSURERS: Security Ins . Co. of Hartford 3311 E. Shelby Street wsuRERc: Ontario, CA 91764 INSURERD: • INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTRDATE(MM/DD/YY) DATE(MM/DD/YY) GENERAL LIABILITY EACH OCCURRENCE $ COMM ERCIAL GENERAL LIAB ILITY FIRE DAMAGE(Any one fire) $ CLAIMS MADE OCCUR MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIM IT APPLIES PER: PRODUCTS -COMP/OP AGG $ POLICY PRO- JECT • AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO • (Ea accident) ALL OWNED AUTOS • BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NON-OWNED AUTOS • (Per accident) PROPERTY DAMAGE (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO • OTHER THAN EA ACC $ • AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 7CW23545210 09/01/00 09/01/01 x TORYUMITS OER EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1, 0 0 0 ,•0 0 0 E.L.DISEASE-EAEMPLOYEE $1, 000 , 000 E.L.DISEASE-POLICY LIMIT $1, 000 , 000 B OTHER Professional AEE0308424 07/15/01 07/15/02 $1, 000, 000 per claim Liability $1, 000, 000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS • RE : South Highland Ave. and Juniper Ave. Sewer System Imputs CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER: CANCELLATION SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Fontana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 0 DAYS WRITTEN Attn: Paul Balbach NOTICETOTHE CERTIFICATE HOLD ER NAMEDTOTHELEFT,BUT FAILURE TODOSOSHALL 8353 Sierra Ave. IM POSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TH E INSURER,ITS AGENTS OR Fontana, CA 92335 REPRESENTATIVES. AUTHORIZED REPRESENTATIVE • 9rOMILIAX- ACORD 25-S(7/97)1 of 1 #M6218 8 MLE 0 ACORD CORPORATION 1988 Associated Engineers, Inc. CONSULTING CIVIL ENGINEERS 3311 E.SHELBY STREET,ONTARIO,CA 91764-4872 (909)980-1982 FAX(909)941-0891 HOURLY RATES (Effective 2/19/01) OFFICE TIME Principal Registered Civil Engineer/CEO $140.00 per hour Principal Registered Civil Engineer $130.00 per hour Principal Licensed Land Surveyor $130.00 per hour Principal Construction Administrator $130.00 per hour Senior Construction Administrator $115.00 per hour Civil Engineer 1. Project Manager $110.00 per hour 2. Senior $100.00 per hour 3. Associate $90.00 per hour • "Assistant Engineer $85.00 per hour Junior Engineer $72.00 per hour Utility Coordinator $75.00 per hour Chief of Surveys $80.00 per hour Licensed Land Surveyor $98.00 per hour Land Survey Technician $72.00 per hour Cadd Technician $66.00 per hour Engineering Aide $48.00 per hour Senior Administrator $90.00 per hour Accounting Coordinator $48.00 per hour Administrative Assistant $38.00 per hour FIELD TIME 4-Man Survey Party $260.00 per hour 3-Man Survey Party $220.00 per hour 2-Man Survey Party $175.00 per hour 1-Man Survey Party $130.00 per hour Flagman $48.00 per hour Senior Staff Inspector $85.00 per hour Staff Inspector $65.00 per hour Travel Time-3-Man Survey Party $100.00 per hour Travel Time -2-Man Survey Party $75.00'per hour Above schedule is for straight time only. Overtime requested by client will be at 1-1/2 times the rates shown and Sundays/Holidays at 3 times the rates shown.These hourly rates do not include printing costs,fees paid to Governmental agencies or other reimbursable expenses. Above schedule subject to change based on annual increases to direct labor rates. Travel time rates will be billed for those hours in excess of 8 hours per day. Expert Witness time will be billed at 11 times the hourly rates shown with a 4 hour minimum plus expenses. O:\OFFICE\FORMS\FORMS\HOURLY RATES 2-19-01.DOC PLANNING DESIGNING SURVEYING NON-COLLUSION AFFIDAVIT SP-46-01 STATE OF CALIFORNIA ) COUNTY OF San Bennatctina ) Thomas R. fro fi.imanbeing first duly sworn, deposes and says that he/she is PAD feet Manager. of A44ocrated Enginee.A.b Inc. (Title) (Name of Proposer) the party making the foregoing proposal; that the proposal is not made in the interest of, or on behalf of, and undisclosed person,partnership, company, association, organization, or corporation; that the proposal is genuine and non collusive or sham; that the proposer has not directly or indirectly colluded, conspired, connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly colluded,conspired,connived, or agreed with any proposer or anyone else to put in a sham proposal, or that anyone shall refrain from proposing; that the proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the proposal price of the proposer or any other proposer,or to fix any overhead,profit or cost element of the proposal price, or of that of any other proposer,or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the proposal are true; and further, that the proposer has not, directly or indirectly, submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information submitted his or her proposal price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto,or paid,and will not pay, any fee to any corporation, partnership, company association, organization, proposal depository, or to any member or agent thereof to effectuate a collusive or sham proposal. 0.3=-7JENEE M.BOYD • COMM.M 1162430' s (Signature) i. NOTARY PUBLIC-CAUFORNIA g z ' r COUNTY OF SAN BERNARDINO Thomas R. fro 22�man `MYCO MM-EXPIRESNOVE618E R22.200t (Typed Name) SUBSCRIBED BEFORE ME on this 12thday of June , 2001. 'D Z) C (Notary Publi ) CCJJ My Commission Expires: : `OLOl 11 CITY OF FONTANA RESPONSE FORM FOR ENGINEERING SERVICES FOR SOUTH HIGHLAND AVENUE AND JUNIPER AVENUE SEWER SYSTEM IMPROVEMENTS SP-46-01 Solicitors are requested to complete this proposal response form and return it in a enclosed envelope to the City of Fontana, Purchasing Office, Business Services, 8353 Sierra Avenue, Fontana, California, by no later than 2:00 p.m. on June 12,2001.The envelope should be sealed and clearly marked "Pricing, SP-42-01, SOUTH HIGHLAND AVENUE AND JUNIPER AVENUE SEWER SYSTEM IMPROVEMENTS ". TO: CITY OF FONTANA FROM: A44oc,%ated Eng,inee)r-, Inc. Company Name 3311. E. Shdby StJtc. t, Ov .cvu.o, CA 91764-4872 Address (909) 980-1982 (909) 941-0891 • Pho e ber Fax Number PAD feet Manager Authorized Signa re Title • Thomas R. HoU.. man June 12, 2001 Print Name Date GRAND TOTAL$ 69,500.00 The above-signed agrees to furnish to the City of Fontana with the scope of services and conditions set forth in the proposal SP-46-01 in detail without exceptions other than by mutual agreement. For technical questions, contact: For all other questions, contact: Paul Balbach,Principal Transportation Engineer Sid Lambert (909)350-7629 (909) 350-7678 Redevelopment/Special Projects Department Purchasing Office 12.