951-782-0707 1770 lowa Avenue #100
rickengineering.com Riverside, CA 92507
RICK LAS VEGAS DENVER
November 13, 2024
Azzam Jabsheh, PE, TE
City Engineer - City of San Bernardino
Department of Public Works
201 North E Street, 2nd Floor
San Bernardino, CA 92401
SUBJECT: RIALTO AVE. MEDIAN INSTALLATION - ENGINEERING PROPOSAL, CITY
OF SAN BERNARDINO, CA
RICK ENGINEERING COMPANY JOB NUMBER 16749-K
Dear Mr. Jabsheh,
Thank you for the opportunity to provide you with this proposal for improvements on Rialto Ave. in San Bernardino.
We reviewed the information you provided and reviewed the proposed project area. Our proposed design will work to meet the expectations/standards of Metrolink and the Public Utilities Commission.
The design will follow the concept provided as Attachment A in the request for proposal.
Our proposal has assumed that proposed improvements are within the curb-to-curb limits of the street (no improvements within parkway) and that pavement rehabilitation is not included. If the city would like the plans to show existing information from within the parkway, information from an aerial image can be used or an additional fee would be needed to survey this area.
RIVERSIDE
We appreciate the opportunity to provide this proposal to you. Please review the attached and if you have any questions, please give me a call.
Sincerely, ORANGE
RICK
SAN DIEGO
Richard O'Neill, R.C.E. No. 63285, LEED AP, QSD
Associate Principal
Azzam Jabsheh, PE, TE - City of San Bernardino
Rialto Avenue median proposal
November 13, 2024
1. PROJECT LOCATION
The project is located on Rialto Avenue at the Metrolink crossing between Meridian Avenue and Macy Street (DOT Crossing No. 026131D) in the City of San Bernardino, lI. PROJECT DESCRIPTION
The project proposes a raised median at the Metrolink crossing.
III. SCOPE OF WORK
Rick Engineering Company "Consultant" agrees to perform the following listed services for the compensation stated below in Section IV:
Initial Engineering Services
A. Research
Consultant will conduct research with the City of San Bernardino, County of San Bernardino, and other governing agencies for existing plans (such as traffic signing/striping plans, traffic signal plans, and street improvement plans) of the project area to be used for the design of the project. Fees required by the governing agencies for the existing plans/maps are not included with the scope and are assumed to be paid by the client.
Consultant will also research available record maps, centerline tie sheets and benchmark information from the City of San Bernardino for the project site.
Research will be used to establish horizontal and vertical control for the establishment of the required topographic survey and the limits of the centerlines and public right of ways along Rialto Avenue.
This scope includes conducting a field visit along the project on Rialto Avenue 400 LF each way from the railroad tracks. Verify existing site data in terms of surrounding street system, geometry, parking, signing and striping, street lighting and signal equipment.
Consultant will prepare a CAD file based on the boundary survey described below showing the existing utilities discovered in the research.
B. Boundary Survey
Consultant will search for and field survey existing controlling centerline monumentation. Consultant will analyze field located monuments compared with the record mapping and completed centerline survey analysis with only certain adjacent public right of ways as needed. Note that the use and reliance of existing monuments of record is required to complete this task. If monuments of record do not exist in the field, this item will be subject to additional costs which will require a contract change. Centerlines and rights-of-way will be determined R llcp.rickeng.com\projects|C_RIV_G\16749\16749K_RO\2024\SB- RR_crossing|2024_1113_Rialto_ave_median_design_proposal. doex RICK
Azzam Jabsheh, PE, TE - City of San Bernardino
Rialto Avenue median proposal
November 13, 2024
based on record mapping and field survey.
C. Existing Topography
Consultant will provide a field survey of the existing conditions along Rialto Avenue approximately 400 LF each way from the railroad crossing (for a total of approximately 800 LF). The survey will include cross sections within travelled way only (edge of pavement to curb) every 25 LF. Survey will include surface improvements; top of curb, road striping, grades with spot elevations, spot elevations to define the finished surface, and utility surface appurtenances, including locating center of manhole rims, corners of vaults and structures. Scope includes railroad tracks and any appurtenant facilities. If any encroachment permit is required, it is assumed the City will attain the permit.
The above-described topographic mapping will be delivered at a 1"=40' scale in a CAD format.
Basis of bearings will be a local centerline bearing, based on record mapping.
Vertical information will be based on available City benchmarks being either NGVD 29, or NAVD 88.
All field work is assumed to be at prevailing wage.
Construction Document Services
D. Street Improvement Plans
Consultant will prepare one (1) set of Improvement Plans for approximately 800 LF of Rialto Avenue (approximately 400 LF each way from railroad crossing).
Plans will provide plan view only of the streets and be set at a scale of 1" = 40'.
Plans will show the location and elevations (no elevations for striping improvements) of proposed median and pavement improvements. Scope includes addressing plan check comments but does not cover plan revisions based on unforeseeable project changes or agency changes outside of their standards. Two (2) rounds of comments are included. Submittals will be at 60%, 85%, and 100% plan completion.
Submittals will be electronic submittals.
Scope assumes proposed improvements within curb limits only. No improvements between curb and right of way.
It is assumed that the existing gate arms and existing signing will be protected in place and will not require replacing.
Scope does not include any coordination with the off-site property owners or any right of way dedications. Scope does not include any work outside of the existing right of way.
R llcp.rickeng.com\projects|C_RIV_G\16749\16749K_RO\2024\SB- RR_crossing\2024_1113_Rialto_ave_median_design_proposal.doex RICK
Azzam Jabsheh, PE, TE - City of San Bernardino
Rialto Avenue median proposal
November 13, 2024
Scope does not include any pavement assessment or any rehabilitation.
Assumes power poles are protected in place and are not required to be relocated.
No storm drain improvements included.
Scope assumes that proposed improvements do not meet the threshold requiring any water quality improvements. Scope also assumes that the project site is under 1-acre. Any erosion control or pollution control assumed to be handled by Contractor.
Scope assumes no landscape improvements.
E. Signing and Striping Plans
Consultant will prepare signing and striping plans for the proposed traffic calming measures/street median, at a scale of 1" = 40'. Two (2) "D" size sheets (24"x36") Plana an Engeng and., are assumed. The design will be prepared using Metrolink SCRRA Design Criteria Manual and Engineering standards, City of San Bernardino standards, Caltrans Standard Plans, and the California Manual on Uniform Traffic Control Devices (MUTCD). Scope includes addressing plan check comments but does not cover plan revisions based on unforeseeable project changes or agency changes outside of their standards. Two (2) rounds of comments are included.
Plans include a title sheet that will be prepared in CAD in the City's format, including the appropriate traffic signing and striping notes, special notes, legend and a location map. Submittals will be at 60%, 85%, and 100% plan completion.
Submittals will be electronic submittals
F. Bid Table and Specifications
Consultant will provide a bid table of quantities and specifications for the bid items to the City of San Bernardino utilizing the City's boilerplate format/specifications.
The bid specifications will be prepared in conformance with City requirements and Standard Specification for Public Works Construction (Greenbook) latest editions.
Special Provision files will be developed on a Windows operating system and file format and furnished in Word. Bid table of quantities and specifications for the bid items will be provided at 85% and 100% plan submittals. Scope assumes bid package will be prepared by the client.
G. Bond Estimate
Consultant will prepare one (1) bond estimate for the proposed improvements for the traffic control measures referenced on the plans. This includes an estimate of the quantities and costs of the improvements. Costs will be based on current unit prices obtained by RICK from local contractors, recent estimates prepared for the City of San Bernardino, if available, or recent Public Works Cost books. Estimate will be provided at 85% and 100% plan submittals.
R llcp.rickeng.com\projects|C_RIV_G\16749\16749K_RO\2024\SB- RR_crossing\2024_1113_Rialto_ave_median_design_proposal.doex RICK
Azzam Jabsheh, PE, TE - City of San Bernardino
Rialto Avenue median proposal
November 13, 2024
Submittals
The following are the anticipated submittals:
60% Submittal
Preliminary Plans
• 85% Submittal
Previous Redline Comments
1 I Revised Plans
Engineer's Estimate, Summary of Quantities & Bid Proposal Table - Technical Specifications
• 100% Final Submittal
Previous Redline Comments
- Final Mylar Plans ready for construction - signed and stamped by Registered Civil Engineer (RCE)
- Final Summary of Quantities and Final Engineer's Estimate - signed and stamped by RCE
Final Technical Specifications - signed and stamped by RCE The City will review these submittals and provide comments and recommendations It is assumed that the city will submit plans to Metrolink and comments from Metrolink will be received concurrently with City comments.
Scope assumes City will perform any coordinated needed with Metrolink and process encroachment permit if required.
Meetings and Management Services
H. City Meetings
Consultant will attend two (2) meetings with the City as requested. Meetings will be held via Teams/Zoom with City staff to discuss project. Consultant will prepare an agenda for each meeting and notes from the meetings and provide to Client.
The initial meeting will be used as a kick-off meeting to discuss specific details for the project. Key items to be discussed at this meeting will be project schedule, design criteria, potential issues, and proposed improvements. It is assumed two (2) traffic engineering staff and two (2) engineering staff will be present at the meetings. Each meeting is assumed to be one (1) hour.
Management and Coordination
Consultant will coordinate with client and manage the project during the final engineering phase. Actual time constraint is unknown. A budget of twenty (20) hours has been assumed for this task.
R llcp.rickeng.com\projects|C_RIV_G\16749\16749K_RO\2024\SB- RR_crossing\2024_1113_Rialto_ave_median_design_proposal.doex RICK
Azzam Jabsheh, PE, TE - City of San Bernardino
Rialto Avenue median proposal
November 13, 2024
Direct Expenses
J. Direct Expenses
Reimbursable expenses include copying, printing, report binding, delivery, mailing, costs of plans/maps, and mileage expenses incurred for the items described within the scope of work of this proposal. These expenses will be on a time and materials basis for a not-to-exceed amount below.
R 1cp.rickeng.com\projects C_RIV_G\16749\16749K_RO\2024\SB- RR_crossing\2024_1113_Rialto_ave_median_design_proposal.docx RICK
Azzam Jabsheh, PE, TE - City of San Bernardino
Rialto Avenue median proposal
November 13, 2024
IV. FEES, CHARGES AND TERMS
For the services outlined in Item Ill above, the Client agrees to pay the Consultant a total fee as indicated below.
The Client agrees that the fees are to be paid on a monthly basis for each item as work rogresses; and that payment of the invoices is due upon receipt. Overtime wor luthorized to expedite this project shall be charged out at 1.3 times normal billing rates All time will be billed per the following schedule:
Initial Engineering Services
A. Research.. $4,100
B. Boundary Survey $6,150
C. Existing Topography.... $9,040
INITIAL ENGINEERING SUBTOTAL. $19,290
Construction Document Services
D. Street Improvement Plans. $12,220
E. Signing and Striping Plans $7,780
F. Bid Table and Specifications $6,900
G Bond Estimate $3,960
CONSTRUCTION DOCUMENT SUBTOTAL .. ..$30,860
Meetings and Management Services
H. City Meetings... $2,920
Management and Coordination $4,720
MEETINGS AND MANAGEMENT SUBTOTAL . $7,640
Direct Expenses
Direct Expenses $1,800
DIRECT EXPENSES SUBTOTAL $1,800
TOTAL SERVICES $59,590
V. ADDITIONAL SERVICES
The following items may be required but are not included in the scope of work outlined in Section III above. Additional authorization will be required for these services.
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Azzam Jabsheh, PE, TE - City of San Bernardino
Rialto Avenue median proposal
November 13, 2024
A. Changes in scope of design directed and authorized by Client, in writing, after the start of working drawings. In this case, the amount of extra work shall be that required to bring the revised work to the same stage of completion as the original work, at the time of the change order. In the event the Client desires any changes to the above scope of work, the terms and conditions indicated in Sections Ill and IV are subject to revision.
B. Work of a general or promotional nature not connected with the actual design, approval, or construction of the project.
C. Design and approval of a water or sewer net analysis, booster stations, pressure- reducing stations, sewer pump stations, reclaimed water systems or other utility systems, and the legal descriptions or plat preparations thereof.
D. Administration, processing, or negotiations to obtain approvals and/or signatures from third parties for such items as Letters of Permission, easements, access roads, driveways, etc.
E. Aerial Topography
F. Traffic Analysis
G. Any hydrologic or hydraulic studies
H. Pavement rehabilitation
I. Pavement assessment
J. Crosswalk improvements
K. Pedestrian ramp improvements
L. Traffic Modeling
M. WQMP - project assumes that proposed improvements do not meet the threshold requiring any water quality improvements
N. SWPPP - project assumed that the project site is under 1-acre. Any erosion control or pollution control assumed to be handled by Contractor.
O. Erosion control plans
P. Storm drain plans
Q. Water Plans
R. Sewer plans
S. Grading plans
T. 3-D grading model
U. Traffic Signal Plans or Signal Modification Plans
V. Traffic Control Plans
W. Analysis calculations/studies
X. LOMR/CLOMR
Y. Any surveying or mapping tasks other than those noted above R llcp.rickeng.com\projects|C_RIV_G\16749\16749K_RO\2024ISB- RR_crossing\2024_1113_Rialto_ave_median_design_proposal.docx RICK
Azzam Jabsheh, PE, TE - City of San Bernardino
Rialto Avenue median proposal
November 13, 2024
Z. CC&Rs or exhibits for the establishment of a Homeowners' Association AA. Processing with Caltrans, Department of Fish and Game, Coastal Commission, or the Corps of Engineers
BB. Environmental work of any nature
CC. Geotechnical services
DD. Preparation of bid packages
EE. Bid Assistance
FF. Construction Administration
GG. Construction observation services
HH. Storm water collection and analysis services
Il. As-built measurements
JJ. Dry utility coordination/design
KK. Existing utility study
LL. Structural Calculations
MM. Recycled Water Use Exhibit
NN. Landscape plans
OO. Fuel Modification Plans
PP. Any other services performed at the direction of the Client, which are not defined in the above-listed services, shall be in addition to those set forth in Item Ill of this agreement.
VI. CLIENT FURNISHED SERVICES
Client shall be responsible for and pay:
A. All bonds, utility charges, public agency fees and title company fees.
B. Soils/Geotechnical engineering, testing and inspection fees.
C. Blueprinting, electrostatic plotting, photo work, FAX transmissions charges, and miscellaneous reproduction costs required by Consultant, Owner, Client, contractor, public agency and other consultants, deliveries/courier, and mileage.
D. Preparation and processing of landscape and irrigation plans.
E. Potholing and cost of equipment rental.
F. Dry utility design.
VIl. MISCELLANEOUS PROVISIONS
A. The Standard Provisions, set forth upon the Rick Engineering Form, are incorporated herein and made a part of this agreement.
R llcp.rickeng.com\projects|C_RIV_G\16749\16749K_RO\2024\SB- RR_crossing\2024_1113_Rialto_ave_median_design_proposal.doex RICK
Azzam Jabsheh, PE, TE - City of San Bernardino
Rialto Avenue median proposal
November 13, 2024
B. If notice to proceed and/or start of work is delayed for any reason beyond thirty (30) days, it is understood by the parties that terms and conditions contained in Items Ill and IV are subject to change.
C. Engineering fees for work not performed one year after the date of this agreement shall be increased by five percent (5%) per year for each year thereafter.
D. The Client agrees that the Consultant shall not be held responsible for any work not performed or constructed in accordance with the Consultant's plans and specifications. The Client also understands and agrees that the Consultant will not be observing actual construction work and will not perform any inspection.
E. The Client agrees that the proposed improvements recommended as a result of this agreement are based on the scope of the contract description and funding, and that periodic reviews, recommendations and maintenance of the project will be required throughout its lifetime for those improvements to function at their design capacity.
F. Upon execution by the Client, this proposal shall become the Agreement for the services outlined above and the notice to proceed.
If you would like us to proceed with this work as outlined above, we ask that you please provide the appropriate City of San Bernardino contract.
If you have any questions regarding this proposal, please contact me at (951) 782-0707.
Thank you for requesting Rick Engineering Company to provide these services.
Sincerely,
RICK
ted lef
Richard O'Neill, R.C.E. No. 63285, LEED AP, QSD
Associate Principal
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RICK ENGINEERING COMPANY
The Client and Consultant agree that the following are in writing and signed by both Client and provisions shall be a part of their Agreement: Consultant.
1. This Agreement shall be binding upon the heirs, 7. Client agrees that the Consultant is not partners, successors, executors, administrators and responsible for damages arising directly or indirectly assigns of the Client and Consultant. from any delays for causes beyond the Consultant's control. For purposes of this Agreement, such
2. In the event of any increase of costs due to the causes include, but are not limited to, strikes or granting of wage increases and/or other employee other labor disputes; severe weather disruptions or benefits to field or office employees due to the terms other natural disasters; fires, riots, war or other of any labor agreement, rise in the cost of living, or emergencies or acts of God; failure of any increase in any applicable prevailing wage during government agency to act in timely manner; failure the lifetime of this Agreement, such increase shall of performance by the Client or the Client's be applied to all remaining compensation. For contractors or consultants; issuance of regulations, services provided on a time and materials or hourly orders or other governmental actions that limit, rate basis, increases in the applicable rates will be restrict or delay the ability of Consultant or reflected in the billing statement or invoice for the Consultant's workforce to perform; or discovery of month following the increase. differing
conditions. In addition, if the delays resulting from
3. Should litigation at law or equity arising out of any such causes increase the cost or time required this Agreement, including but not limited to an action by the Consultant to perform its services in an for declaratory relief, be brought to enforce or orderly and efficient manner, the Consultant shall be interpret any term or provision of this Agreement, or entitled to an equitable adjustment in schedule to collect any portion of the amount payable under and/or compensation. this Agreement or litigation commenced either
directly or by way of a cross-complaint whether 8. In the event litigation, arbitration or some other arising out of contract or tort, including a cross- form of dispute resolution is instituted under the complaint for indemnity, for failure or alleged failure terms and conditions of this Agreement, it shall be to perform or for errors, omissions, or negligence, brought and tried or heard in the appropriate court, the prevailing party shall be entitled, in addition to the arbitration or other dispute any other award, to all litigation and collection proceeding shall take place, in the state and county expenses, any and all costs of defense, including in which the project is located and the parties waive attorney's fees, expert witness fees, witness fees the right to have brought, tried in, or removed to any and court costs and any and all other expenses other county or judicial jurisdiction. incurred. proceeding shall be commenced within two (2) years of discovery or the time when the claimant knew or
4. Neither the Client nor Consultant shall assign his should have known of its right to make a claim, but interest this Agreement without the written in no event later than four (4) years from substantial consent of the other. completion of services under this Agreement.
5. This Agreement shall be governed by and 9. Client acknowledges that Consultant is not construed in accordance with the laws of the State responsible for the performance of work by third of California. This Agreement contains the entire parties, including, but not limited to, the construction agreement between Client and Consultant relating to contractors), subcontractors, governmental the project and the provision of services by agencies, construction managers, architects or other Consultant to the project. Any agreements, consultants. promises, negotiations or representations not
expressly set forth herein, are of no force or effect. 10. Consultant shall only act as an advisor in all Subsequent modifications to this Agreement shall be governmental relations. Consultant shall not be in writing and signed by both Client and Consultant. liable for damages resulting from the actions or inactions of governmental agencies including, but
Conditions or representations, alterations, not limited to, permit processing, environmental detractions from or to the terms hereof, including impact reports, dedications, general plans and delineations hereon, shall not be valid unless they amendments thereto, zoning matters, annexations ep.rickeng.com projects/C_RIV_G16749116749k_RO12024SB-RR _crossing 2024_1113 Rialto_ave median design_ proposal doex RICK
RICK ENGINEERING COMPANY
or consolidations, use or conditional use permits, rendered, then Client agrees that Consultant shall project or plan approvals and building permits. have the right to consider said default a total breach of this Agreement and, upon written notice, the
11. Consultant makes no warranty, either express duties, obligations and responsibilities of the or implied, as to the findings, recommendations, Consultant under this Agreement are terminated. In plans, specifications, or professional advice. such event, Client shall then promptly pay the Consultant shall perform in accordance with Consultant for all the fees, charges, and services generally accepted engineering and/or surveying performed to date by Consultant. practices or standards in effect at the time of
performance in the locale where the services are 20. In the event any term, condition, covenant or rendered. provision of this Agreement shall be held to be invalid, void or unenforceable, the remaining terms,
Consultant makes no representation, conditions, covenants and provisions of this guarantee, warranty, express or implied concerning Agreement shall be valid and binding on the parties estimated cost figures made in connection with hereto.
maps, plans, specifications or drawings, other than
that all such figures are estimates only. Consultant 21. The Client agrees it will require that the shall not be responsible for fluctuations in cost Contractor hold harmless, indemnify and defend the factors. Client, the Architect, the Consultant and its sub- consultants, and each of their officers, directors,
principals, employees and agents, from any and all
13. Consultant makes no representations liability claims, losses or damages arising or alleged concerning estimates of areas. Estimates of areas to arise from the performance of the work described are estimates only and are not to be considered herein, but not including the negligence or willful precise unless Consultant specifically agrees to misconduct of the Client, the Architect or the provide the precise determination of such areas. Consultant or their respective sub-consultants, officers directors, principals, employees and agents.
14. Client and Consultant agree to cooperate in any
and every way or manner on project. 22. The Client shall indemnify and hold Consultant harmless with regard to all liability or claims of any
15. Consultant makes no representation, either ex- kind, including all investigation and defense costs, press or implied, concerning soils or geological sur- connected directly or indirectly with this project, veys or subsurface soil tests or general soils testing which liabilities or claims do not result from the negli- and reporting. gence or willful misconduct of the Consultant.
16. Upon written request, each of the parties hereto 23. Consultant has a right to complete all services shall execute and deliver, or cause to be executed agreed to be rendered pursuant to this Agreement. and delivered, such additional instruments and In the event this Agreement is terminated before the documents which may be necessary and proper to completion of all services, unless Consultant is carry out the terms of this Agreement. responsible for such early termination, Client agrees to release Consultant from all liability for services
17. The terms and provisions of this Agreement performed. shall not be construed to alter, waive, or affect any
lien or stop notice rights which the Consultant may 24. In the event work prepared or partially prepared have for the performance of services under this by the Consultant be suspended, abandoned, or Agreement. terminated, the Client shall pay the Consultant for all work, fees, deposits, charges and services provided,
18. One or more waivers of any term, condition or not to exceed any maximum amount specified covenant by a party shall not be construed as a herein. Client acknowledges if project work is waiver of subsequent breach of the same or any suspended and restarts, there may be additional other term, condition or covenant. charges due to suspension which shall be paid by Client as extra work.
19. In the event Client fails to pay Consultant
promptly or within sixty (60) days after invoices are
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25. Client agrees that if Client requests services not In the event that the plans, specifications, specified pursuant to the scope of services and/or field work covered by this Agreement are described within this Agreement, Client agrees to those required by various governmental agencies pay all such additional services as extra work if and one or more such governmental agency authorized in writing. changes its policies, ordinances, procedures or requirements after the date of this Agreement, any
26. Consultant shall be entitled to immediately, and additional office or field work required, shall be paid without notice, suspend the performance of any and by Client as extra work. all of its obligations pursuant to this Agreement if
Client files a voluntary petition seeking relief under 30. Services provided within the Agreement are for the United States Bankruptcy Code or if there is an the exclusive use of the Client. Nothing contained in involuntary bankruptcy petition filed against Client in this Agreement shall be construed to be for the the United States Bankruptcy Court, and that petition benefit of any person not a party to this Agreement is not dismissed fifteen (15) days after its filing. Any and no third party beneficiary rights are created. suspension of services made pursuant to the
provisions of this Paragraph shall continue until such 31. All original papers, drawings, notes, documents time as this Agreement has been fully and properly • and cooler hereot, produced as a result of the agreemens
assumed or adequate assurance provided in
accordance with the applicable provisions of the represent professional services, shall remain the United States Bankruptcy Court and in compliance property of the Consultant, and Consultant shall with the final order or judgments issued by the retain all copyright and other ownership interests.
Bankruptcy Court. Client shall have a nonexclusive license to use Consultant's work product and any items in which
27. If payment for Consultant's services is to be Consultant maintains ownership and/or copyright made on behalf of Client by a third party, Client interest so long as all fees to be paid under this agrees that Consultant shall not be required to Agreement have been paid. Any nonexclusive indemnify the third party, in the form of an license Client obtains under this Agreement endorsement or otherwise, as a condition of terminates upon the termination of this Agreement. receiving payment for services. Consultant's work product may be used by Consul- tant without consent of the Client.
28. Client agrees to purchase and maintain, during
the course of construction, builder's liability special 32. In the event that any changes are made in the peril or other similar insurance which will name plans and/or specifications by the Client or persons Consultant as an additional insured. Client also other than the Consultant, and such changes are not agrees to require the contractor or contractors to consented to in writing by Consultant, Client purchase and maintain liability insurance, including acknowledges that the changes and their effects are broad general liability coverage, not the responsibility of Consultant and Client comprehensive bodily injury, broad form property agrees to release Consultant from all liability arising independent contractors insurance, from the use of such changes and agrees to defend, completed operations and contractual liability indemnify and hold Consultant, its officers, directors, coverage, and the exclusions for explosion, collapse principals, agents and employees harmless from or underground coverage shall be deleted; and against all claims, demands, damages or costs automobile including bodily injury, property damage, arising from the changes. owned, non-owned and hired vehicles; and worker's
compensation insurance including employers liability 33. Client agrees not to use or permit any other coverage, all of which shall name the Client and person to use plans, drawings or other work product Consultant as additional insureds. Certificates of prepared by Consultant, which plans, drawings or such insurance shall be provided to Consultant and other work product are not signed and stamped or the certificate(s) shall include provisions that the sealed by Consultant and/or are not final. Client above policies are primary and non-contributory with agrees to be liable and responsible for any use of Consultant's insurance and that coverage will not be non-final plans, drawings or work product or plans, canceled unless at least thirty days prior written drawings or work product not signed, and stamped notice has been given to Consultant. or sealed by Consultant and waives liability against Consultant for their use. Client further agrees that
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final plans, drawings and other work products are for the preparation of the engineering drawings to be the exclusive use of Client and may be used by used for construction and construction staking, Client only for the project described in this Agree- Client acknowledges the coordination of civil ment. engineering services and the preparation of as-built drawings as required by statute, ordinance or law
34. In the event that any staking is destroyed, may require the retention by Client of another damaged or disturbed by an act of God or parties consultant or the original consultant responsible for other than Consultant, the cost of re-staking shall be the design, or pay Consultant pursuant to this paid for by the Client as extra work. If the scope of Agreement for such services as extra work. Client services provided for pursuant to this Agreement acknowledges that if Consultant is retained to does not include construction staking by Consultant, prepare as-built drawings of plans prepared by Client acknowledges that changes, clarifications, others, Client will indemnify, defend and hold adjustments and modifications may • be necessary Consultant harmless from any and all liability in because of changed field or other conditions. Client connection with the plans and specifications will indemnify and defend Consultant for prepared by others, and the performance of work by construction staking by others and from claims Consultant on this project as set forth in Paragraph arising from changes, clarifications, adjustments and 44. modifications which may be necessary to reflect
changed field or other conditions, except claims 38. In the event Client discovers or becomes aware caused by the negligence or willful misconduct of of apparent errors or omissions, field conditions or Consultant. discrepancies during the construction phase of the project, which apparent errors or omissions, field
35. Questions concerning location or changes in conditions or discrepancies are resolvable by construction stakes or questions concerning Consultant, Client agrees to notify Consultant and information on plans and specifications must be engage Consultant to resolve the problem before called to the attention of the Consultant upon construction activities commence or discovery and before corrective remedy. construction activity proceeds. Further, Client agrees to have a provision in its construction
36. The Consultant shall be notified 24 hours in ad- contracts for the project which require the contractor vance, so that he may check forms, for grade and to notify Client of any such apparent errors or omis- alignment only, prior to the pouring of concrete for sions, field conditions or discrepancies so that Client cast-in-place concrete structures, thrust blocks, may, in turn, notify Consultant pursuant to the provi- electrical boxes, bridge abutments or piers, or any sions of this Paragraph. similar structures staked by Consultant. Consultant
can assure compliance to proper grade and 39. Client shall pay the costs of checking and alignment only when it has been advised to check in inspection fees, zoning and annexation application advance. fees, assessment fees, soils engineering fees, soil testing fees, aerial topography fees, and other fees
37.(a) If the scope of services to be provided by and deposits, permits, bond premiums, title company Consultant pursuant to the terms of this Agreement charges, blueprints and reproductions, and all other include the preparation of engineering drawings but charges not specifically covered by the terms of this exclude construction staking services, Client Agreement. acknowledges that such services normally include
coordinating civil engineering services and the 40. All fees and other charges will be billed monthly preparation of as-built drawings pursuant to Uniform as the work progresses and the net amount shall be Building Code Chapter 70 and/or other statutes, due at the time of billing. ordinances or laws, and Client will be required to
retain such services from another consultant or pay 41. A late payment CHARGE will be computed by Consultant pursuant to this Agreement for such the Consultant at the periodic rate of 1.5% per services as extra work. month, not to exceed the maximum legal rate, which will be applied to any unpaid balance commencing
(b) If the scope of services to be provided by thirty (30) days after the date of the original billing.
Consultant pursuant to the terms of the Agreement,
include construction staking services, but exclude
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42. Client agrees that the balance as stated on the with any design, report or study prepared by billings from Consultant to Client are correct, Consultant of such limitation of liability, and to conclusive and binding on the Client unless Client require as a condition precedent to their performing within forty-five (45) days from the date of receipt of their work, a like indemnity of liability on their part as such billing, notifies Consultant in writing of the against the Consultant. particular items that are alleged to be incorrect.
46. The Client hereby agrees to bring no claim for
43. In consideration of the Consultant's fee for negligence, breach of contract, indemnity or services, the Client agrees that the Consultant will otherwise against the Consultant, its principals, perform no onsite construction review, construction employees and agents if such claim, in any way, management, supervision of construction of would involve the Consultant's services for the engineering structures or other construction investigation, detection, abatement, replacement, supervision for this project unless specifically use or specification, or removal of products, contracted for; that such services will be provided by materials or processes containing asbestos, and han al others; and that the Client shall defend, indemnify asbestos cement pipe, and/or hazardous materials and hold the Consultant, its officers, (as defined by state, federal and/or local laws or principals, agents and employees harmless from any ordinances). Client further agrees to defend, and all liability, real or alleged, arising or resulting indemnify and hold harmless Consultant, its officers, from the performance of construction review, directors, principals, employees and agents from construction management, supervision of any asbestos, asbestos cement pipe, construction of engineering structures or supervision hazardous waste material related claims that may be by others. Further, Client acknowledges that brought by third parties as a result of the services Consultant will be unable to correct errors or provided by the Consultant pursuant to this omissions in the plans which customarily become Agreement except claims caused by the negligence apparent and resolvable during the course of or willful misconduct of the Consultant. construction review.
47. Client acknowledges that Consultant's scope of
44. Client agrees that, in accordance with generally services for this project do not include any services accepted construction practices, the construction related, in any way, to asbestos and/or hazardous contractor will be required to assume sole and waste. Should Consultant or any other party complete responsibility for job site conditions during encounter such materials on the job site, or should it the course of construction of the project, including in any way become known that such materials are safety of all persons and property; that this present or may be present on the job site or any requirement shall be made to apply continuously adjacent or nearby areas which may affect and not be limited to normal working hours. The Consultant's services, Consultant may, at its option, Client further agrees to defend, indemnify and hold terminate work on the project until such time as the Consultant harmless from any and all liability in Client retains a specialist contractor to abate and/or connection with the performance of work on this remove the asbestos and/or hazardous waste project, excepting liability arising from the materials and warrant that the job site is free from negligence or willful misconduct of the Consultant. any hazard which may result from the existence of such materials.
45. Client agrees to limit the liability of Consultant, 48. Digital data files shall be provided to Client only its principals and employees to the Client, all if such delivery has been specified in the scope of contractors and subcontractors on the project, due services set forth in this Agreement. If the scope of to professional negligent acts, errors or omissions services does not specify that digital data files shall of the Consultant, breach of contract or any other be delivered, all costs associated with delivery of cause of action however pled to the sum of $50,000 digital data files shall be paid by Client. Client or the Consultant's fee, whichever is greater; except agrees that all digital data files delivered by that if the contract amount, including any addenda or Consultant are to be used exclusively to fulfill the other contracts pertaining to or covering services scope of this Agreement. Client agrees to hold Consultant harmless for any use by client of this
of Consultant shall not exceed $150,000. Client data outside or beyond the scope of this Agreement. further agrees to notify any contractor and
subcontractor who may perform work in connection
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49. Consultant makes the following representations accept responsibility for the completeness, as to the compatibility of digital data files: correctness, or readability of the electronic media after an acceptance period of 30 days after delivery
(a) All data files are to be used with compatible of the electronic files, and that upon the expiration of hardware and software versions as used by this acceptance period, client will indemnify and Consultant at the time file copies were created. save harmless the Consultant for any and all claims, losses, costs, damages, awards or judgments
(b) Consultant makes no representation as to the arising from use of the electronic media files or compatibility of any data files other than for the output generated from them. The Consultant agrees hardware and software versions used by Consultant that it is responsible for the accuracy of the sealed to create the data files. drawings that accompany the submittal, and that such accuracy is defined as the care and skill
(c) Client agrees to hold Consultant harmless for ordinarily used by members of the Consultant's any use of data files on any hardware or software profession practicing under similar conditions at the versions other than those which were used by same time and in the same locality. Consultant Consultant to create them. makes no warranties, express or implied, under this Agreement or otherwise, in connection with the
(d) If Client requires or requests any special or Consultant's services. specific file structure, format or software that is
different from those used by Consultant at the time 54. Prior to the commencement of any legal action, Consultant is performing the services set forth in this in an effort to resolve any conflicts that arise during Agreement, unless otherwise specified in this the design or construction of the project which is the Agreement, all costs associated with creating the file subject of this Agreement, or following completion of structure or format, and/or acquiring necessary the project, Client and Consultant agree that all software and/or hardware, shall be the responsibility disputes between them arising out of or relating to of Client. this Agreement, the services performed pursuant to this Agreement, or relating in any way to the project,
50. After the time final data files have been shall be submitted to nonbinding mediation unless delivered per terms of this Agreement, Consultant the parties mutually agree otherwise. Each party will not be held responsible for maintaining copies of shall be represented at the mediation by a person or any digital data related to this Agreement. persons with the authority to bind the party to any agreement, obligation or resolution resulting from
51. Client agrees that if formats for deliverables of the mediation. Each of the parties agrees to include digital files are not specified in this Agreement, they a similar mediation provision in all agreements with will be delivered using the standards and versions of any other contractors and consultants retained for Consultant at the time of creation. the project and to require such contractors and consultants to include a similar provision in all
Client agrees not to use any digital files agreements with subcontractors, subconsultants, (drawing or data file), in whole or in part, for any suppliers or fabricators, thereby providing mediation purpose or project other than the project which is the the primary method for dispute resolution subject of this Agreement. Client waives any and all between the parties to those agreements. claims against Consultant resulting in any way from
any changes not authorized and/or authored by 55. All representations and indemnities made in, Consultant and/or reuse of the drawings or data for rate on ent required by or given in accordance with this any other project without the express written consent Agreement, as well as all continuing obligations by Consultant. The transfer of drawings or data in indicated in the Agreement, shall survive completion, electronic media or format shall not be deemed a acceptance and/or termination of this Agreement. sale, and Consultant makes no warranties, either
express or implied, of merchantability or fitness for a 56. The paragraph numbers and headings are not particular purpose. part of the contract documents and may not be used for any interpretation or meaning of the contract
53. Because data stored on electronic media can documents. These headings are supplied solely for deteriorate undetected or be modified without the convenience in locating provisions within the Consultant's knowledge, the Client agrees that it will contract documents. ep.rickeng.com projects/C_RIV_G16749116749k_RO12024SB-RR _crossing 2024_1113 Rialto_ave median design_ proposal doex RICK
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57. Neither party shall assign its rights under this
Agreement or any Project Task Order without the
written consent of the other party. Any attempt at
assignment without the authorization of the other
party shall not relieve the other party of any
obligations under this Agreement or the Project Task
58. No provision contained within this Agreement or
any of the Project Task Orders creates or gives to
third parties any claim or right of action against
either of the parties.
59. This Agreement and the Project Task Orders will
be construed as a whole in accordance with the fair
meaning of the words and documents without regaro
to California Civil Code 1654 or any other similar
statues.
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Hourly Rates - California Offices
April 1, 2024 - December 31, 2024
Principal Consultant (Special Projects) ...$300.00 Director of Watershed Science and Planning $290.00 Principal .290.00 Assistant Director - Watershed Science and Planning.. .270.00 Associate Principal .270.00 Principal Water Resources Project Manager .235.00 Associate/Manager .250.00 Project Scientist/Manager .205.00 Expert Witness.... ...450.00 Principal Water Resources Designer/Scientist. .170.00 Court Appearance per half day or part -.1,800.00 Associate Water Resources Designer/Scientist 150.00 Assistant Water Resources Designer/Scientist .135,00
Senior Project Manager/Engineering Manager. $245.00
Principal Project Engineer/Manager... .230.00 GIS Manager... $200.00 Associate Project Engineer/Manager .205.00 GIS Asset Manager 195,00 Assistant Project Engineer/Manager .190.00 GIS Programmer .170.00 Principal Engineering Designer... 170.00 Principal GIS Project Manager.. .190.00 Associate Engineering Designer . 150.00 Associate GIS Project Manager .175,00 Assistant Engineering Designer .135.00 Assistant GIS Project Manager .160.00 Principal Engineering Drafter .. .130.00 Principal GIS Analyst. . 150.00 Associate Engineering Drafter 120.00 Associate GIS Analyst. .140.00 Assistant Engineering Drafter 110.00 Assistant GIS Analyst .125.00 Senior Technical Manager .. .195.00 Graphics Designer .145.00 CAD Manager.. .180.00
Senior Transportation/Traffic Engineer... .$240.00
Principal Transportation/Traffic Engineer .230.00 Field Supervisor .$220.00 Associate Transportation/Traffic Engineer .205.00 One-person Survey Party-prevailing wage .225.00 Assistant Transportation/Traffic Engineer 190.00 Two-person Survey Party-prevailing wage 395.00 Principal Transportation/Traffic Designer.. 170.00 Three-person Survey Party-prevailing wage 550.00 Associate Transportation/Traffic Designer 150.00
Assistant Transportation/Traffic Designer .. 135.00 3D Laser Scanning Crew (One-Person) $210.00 3D Laser Scanning Crew (Two Person) .310.00
Principal Planner I| ...$220.00
Principal Planner I ....205.00 Principal 3D Laser Scanning Project Manager .$200.00 Senior Planner I| ...190.00 Associate 3D Laser Scanning Project Manager 175.00 Senior Planner I .. .180,00 Assistant 3D Laser Scanning Project Manager. 165,00 Associate Planner. 160.00 Principal 3D Laser Scanning Specialist 145.00 Assistant Planner ... 140.00 Associate 3D Laser Scanning Specialist .135.00 Planning Technician 120.00 Assistant 3D Laser Scanning Specialist. 125.00 Principal 3D Laser Scanning Technician 115.00
Principal Project Landscape Architect/Manager .$205.00 Associate 3D Laser Scanning Technician. 105.00 Associate Project Landscape Architect/Manager .....185.00 Assistant 3D Laser Scanning Technician. ... 95.00 Assistant Project Landscape Architect/Manager. .. 165.00 Principal Landscape/Urban Designer.. 140.00 Photogrammetry Supervisor .$185.00 Associate Landscape/Urban Designer... ...130.00 Principal Photogrammetrist.. .160.00 Assistant Landscape/Urban Designer... ... 115,00 Associate Photogrammetrist . 130.00 Assistant Photogrammetrist .120.00
Director of Environmental Planning Services.. ..$245.00 Principal Environmental Project Manager.. .210.00 Principal Survey Analyst .$195.00 Associate Environmental Project Manager .195.00 Associate Survey Analyst . 160.00 Assistant Environmental Project Manager 180,00 Assistant Survey Analyst .130.00 Principal Environmental Planner/Analyst.. ...165.00
Associate Environmental Planner/Analyst 145.00 Associate Project Administrator $100.00 Assistant Environmental Planner/Analyst .. ..125.00 Assistant Project Administrator. ..80.00 Environmental Technician.. ..110.00 Administrative Assistant/Manager .85.00 Principal Stormwater Project Manager.. ..$200.00
Associate Stormwater Project Manager. ...185.00
Assistant Stormwater Project Manager. ..165.00
Principal Stormwater Specialist... ...145.00
Associate Stormwater Specialist .135.00
Assistant Stormwater Specialist. ..120.00
Rates subject to change for prevailing wage contracts.
When authorized, overtime shall be charged at the listed rates times 1.5.
Unless otherwise agreed upon, we shall charge for printing, reproduction, deliveries, transportation, and other expenses.
A fifteen (15) percent fee for administration, coordination and handling will be added to all subcontracted services.