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HomeMy WebLinkAbout14-Public Works SAL CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Nadeem Majaj, Director Subject: Resolution of the Mayor and Common Council of the City of San Dept: Public Works Bernardino authorizing the execution of an Agreement with AEI-CASC Consulting for Date: January 3, 2011 Preliminary Engineering services (Phase 1) of Del Rosa Drive Widening and amend the FY File: SS11-017 2010/11 — 2014/15 Capital Improvement Program (CIP) and FY 2010/11 Budget to add Project No. SS11-017 "Del Rosa Drive Widening between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street." MCC Date: February 7, 2011 Synopsis of Previous Council Action: 10/05/09 Report filed with the Mayor and Common Council regarding pre-qualification of the five (5) firms of AECOM, Willdan, AEI-CASC Consulting, David Evans & Associates, Inc. (DEA, Inc.), and Transtech Engineers to provide On-Call Engineering Design and Project Management Services for CIP Projects. 07/06/10 Resolution No. 2010-223 adopted approving the 2010-2011 Master Services Agreement with the Inland Valley Development Agency(IVDA). Recommended Motion: 1. Authorize the Director of Public Works to amend the FY 2010/11 — 2014/15 Capital Improvement Program (CIP) to add Project No. SS11-017 "Del Rosa Drive Widening between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street." 2. Authorize the Director of Finance to amend the FY 2010/11 budget to reflect the addition of Project No. SS11-017 to the CIP in Fund 242 with a budget amount of$38,000 reimbursed from IVDA. 3. Adopt Resolution. j��?' _ Of Sig6tde Contact person: Robert Eisenbeisz, City Engineer Phone: _5203_ Supporting data attached: Staff Report, Resolution and Agreement Ward: 1 FUNDING REQUIREMENTS: Amount: $38,000 Source: 242-160-5504-7896-0025 Acct. Description: Del Rosa Avenue Widening from 5th Street to 6th Street and between Upper Warm Creek and Baseline Street(SS11-017). 72.50 oil -aa Finance: Council Notes: Agenda Item No. 11 az-o7-?O// CITY OF SAN BERNARDINO -REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with AEI-CASC Consulting for Preliminary Engineering services (Phase 1) of Del Rosa Drive Widening and amend the FY 2010/11 —2014/15 Capital Improvement Program (CIP) and FY 2010/11 Budget to add Project No. SS11-017 "Del Rosa Drive Widening between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street." Background: Del Rosa Drive north of 3rd Street is designated as a major arterial on the City's circulation plan. The plan for the San Bernardino International Airport envisions Del Rosa Drive as an important north-south connector between the airport and State Route 210. Much of Del Rosa Drive is improved; however, a few segments are in need of widening improvements. The Inland Valley Development Agency (IVDA) has requested that the City engage a consultant to prepare a design for Del Rosa Drive between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street. On April 14, 2010, staff requested proposals from the firms of Willdan, AEI-CASC and DEA, Inc., which were prequalified per the report filed on October 5, 2009. On May 3, 2010, proposals were received from AEI-CASC and DEA, Inc. Willdan did not submit a proposal. The two proposals were rated by City and IVDA staff and it was determined that AEI- CASC's proposal best conformed to the requirement of the request for proposals. AEI-CASC Consulting proposed to provide the services in two phases as follows: TASK FEE Phase 1 —Preliminary Engineering(AEI-CASC) $ 32,484.00 Subconsultant fees (Trans & Energy Solutions) $ 4,030.00 Total Consultant fees Phase 1 $ 36,514.00 Phase 2—Final Plans, Specifications & Estimate (AEI-CASC) $ 59,707.00 Subconsultant fees (Trans & Energy Solutions) $ 16,550.00 Total Consultant fees Phase II $ 76,257.00 Total Consultant fees for Phase 1 and Phase 2 $11 2,771.00 IVDA has authorized the City by letter dated September 28, 2010 (copy attached) to proceed with Phase 1 of the project under terms of the 2010-2011 Master Services Agreement. The City will be allowed to charge up to $38,000 against the Master Services Agreement to complete the Preliminary Engineering (Phase 1) for the project. Phase 2 of the project may be recommended for award at a later date depending on availability of funds. A source of funding for construction, which is currently estimated to cost at least $500,000, will be identified at a later date. Phase 1 of the design is expected to require approximately 3 months to complete. 1 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued Financial Impact: There is no cost to the General Fund. IVDA will reimburse the City of San Bernardino for all related costs. The 2010-2011 Master Services Agreement between the IVDA and the City of San Bernardino provides funding in the not-to-exceed amount of$75,000 for the City to perform certain engineering services for the IVDA. By letter dated September 28, 2010, the IVDA has authorized the City to proceed with Phase 1 (Preliminary Engineering) for this project and to charge up to $38,000, which includes the Consultant's fees and $1,486 in staff charges, against the Master Services Agreement. Account: 242-160-5504-7896-0025 Budgeted Amount: $38,000 Balance as of 11/04/10: $38,000 Balance after the approval of this item: $1,486 Please note this balance does not indicate available funding. It does not include non-encumbered reoccurring expenses or expenses incurred, but not yet processed. Recommendation: 1. Authorize the Director of Public Works to amend the FY 2010/11 — 2014/15 Capital Improvement Program (CIP) to add Project No. SS11-017 "Del Rosa Drive Widening between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street." 2. Authorize the Director of Finance to amend the FY 2010/11 budget to reflect the addition of Project No. SS11-017 to the CIP in Fund 242 with a budget amount of$38,000 reimbursed from IVDA. 3. Adopt Resolution. Attachments: 1. Letter from IVDA dated September 28, 2010 2. Resolution 3. Exhibit"A"—Agreement 4. Attachment"A"—AEI-CASC's Supplemental Proposal 5. Attachment"B"—Fee Proposal 2 • pEVEIOp. _(FSWATg% YMw San Bernardino International Airport • t y: September 28, 2010 Mr. Robert Eisenbeisz, City Engineer City of San Bernardino Development Services Department 300 North"D" Street San Bernardino, CA 92418-0001 RE: DEL ROSA PHASE I STREET IMPROVEMENTS Dear Mr. Eisenbeisz: At the August 11, 2010 Board meeting of the Inland Valley Development Agency (1VDA), the 2010-2011 Master Services Agreement by and between the City of San Bernardino and the IVDA (the 2010-2011 Master Services Agreement) was approved. This 2010-2011 Master Services Agreement provides certain funding for engineering services in an amount not to exceed Seventy-Five Thousand Dollars ($75,000). Pursuant to our recent discussions and as per the terms and conditions of the 2010-2011 Master Services Agreement, please proceed with the proposed Phase I - Preliminary Engineering for the design of the widening of Del Rosa Drive from 5th Street to 6th Street and design of Del Rosa Drive between the Upper Warm Creek Channel and Baseline Street in an amount not to exceed Thirty Eight Thousand Dollars ($38,000). Should you have any questions, please feel free to contact me directly at (909) 82-4100 extension 245. Sincerely, INLAND VALLEY DEVELOPMENT AGENCY Michael Burrows Assistant Director cc: Alex Estrada Wayne 1-lendrix I:\WORT)ll(K'\2010`.v(B\September\002L_F.uenbeist._Del Rasa2 n-doe 294 S.Leland Norton Way,Suite N1 • San Bernardino,CA 92408-0131 • (909)382-4100 • FAX(909)382-4108 http://www.sbdairport.com A PROJECT OF THE INLAND VALLEY DEVELOPMENT AGENCY AND SAN BERNARDINO INTERNATIONAL AIRPORT AUTHORITY RESOLUTION NO. 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 3 WITH AEI-CASC CONSULTING FOR PRELIMINARY ENGINEERING SERVICES (PHASE 1) OF DEL ROSA DRIVE WIDENING AND AMEND THE FY 2010/11 - 4 2014/15 CAPITAL IMPROVEMENT PROGRAM (CIP) AND FY 2010/11 BUDGET TO ADD PROJECT NO. SS11-017 "DEL ROSA DRIVE WIDENING BETWEEN 5TH 5 STREET AND 6TH STREET AND BETWEEN UPPER WARM CREEK AND 6 BASELINE STREET." 7 NOW,THEREFORE,BE IT RESOLVED THAT THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. AEI-CASC Consulting located 937 S. Via Lata, Suite 500, Colton, CA 9 10 92324, is a competent, experienced consulting engineering firm and has provided the most 11 advantageous and best proposal to provide consulting engineering services for performing 12 Preliminary Engineering (Phase 1) of Del Rosa Drive Widening between 5th Street and 6th 13 Street and between Upper Warm Creek and Baseline Street. An Agreement in the not-to-exceed 14 amount of$36,514.00 with said firm to perform said design is attached hereto as Exhibit "A" 15 and made a part hereof. Pursuant to this determination, the Purchasing Manager is hereby 16 17 authorized and directed to issue a Purchase Order for said services to said firm, which 18 references this Resolution. 19 SECTION 2. The City Manager is hereby authorized and directed to execute said 20 Agreement on behalf of the City. 21 SECTION 3. The authorization to execute the above-referenced Agreement is 22 rescinded, if it is not executed within sixty (60) days of the passage of this resolution. 23 24 /// 25 /// 26 /// 27 28 /// fly pa-o7-at RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 1 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AN AGREEMENT 2 WITH AEI-CASC CONSULTING FOR PRELIMINARY ENGINEERING SERVICES (PHASE 1) OF DEL ROSA DRIVE WIDENING AND AMEND THE FY 2010/11 - 3 2014/15 CAPITAL IMPROVEMENT PROGRAM (CIP) AND FY 2010/11 BUDGET TO ADD PROJECT NO. SS11-017 "DEL ROSA DRIVE WIDENING BETWEEN 5TH 4 STREET AND 6TH STREET AND BETWEEN UPPER WARM CREEK AND BASELINE STREET." 5 6 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor 7 and Common Council of the City of San Bernardino at a meeting thereof, 8 held on the day of , 2011 by the following vote,to wit: 9 10 Council Members: Ayes Nays Abstain Absent 11 MARQUEZ 12 DESJARDINS 13 BRINKER 14 SHORETT 15 KELLEY 16 17 JOHNSON 18 MCCAMMACK 19 20 City Clerk 21 The foregoing resolution is hereby approved this day of 22 , 2011. 23 24 Patrick J. Morris, Mayor 25 City of San Bernardino 26 A'proved as to Form: 27 es F. Penman, City Attorney 28 EXHIBIT A AGREEMENT FOR SERVICES WITH AEI-CASC CONSULTING FOR PRELIMINARY ENGINEERING (PHASE 1) OF DEL ROSA DRIVE WIDENING AND AMEND THE FY 2010/11 —2014/15 CAPITAL IMPROVEMENT PROGRAM (CIP) AND FY 2010/11 BUDGET TO ADD PROJECT NO. SS11-017 "DEL ROSA DRIVE WIDENING BETWEEN 5TH STREET AND 6TH STREET AND BETWEEN UPPER WARM CREEK AND BASELINE STREET." THIS AGREEMENT is made and entered into this day of , 2011 ("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city ("City"), and AEI-CASC CONSULTING ("Consultant"). WITNES SETH: A. WHEREAS, City proposes to have Consultant perform the Preliminary Design (Phase 1) of the Widening of Del Rosa Drive between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street(SS11-017) described herein below; and B. WHEREAS, Consultant has submitted the most responsive and cost effective proposal to design said Project; and C. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code, Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and D. WHEREAS, City and Consultant desire to contract for specific services in connection with said project and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and E. WHEREAS, no official or employee of City has a financial interest, within the provisions of California Government Code, Sections 1090-1092, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide professional civil engineering services to City for Preliminary Design (Phase 1) of the Widening of Del Rosa Drive between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street(SS11-017), in accordance with Consultant's proposal dated May 3, 2010, a copy of which is attached hereto as Attachment "A" and incorporated herein. 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall 1 EXHIBIT A advise City of any changes in any laws that may affect Consultant's performance of this Agreement. 1.3. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement. 1.4. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, or any other category protected by law, except as permitted pursuant to Section 12940 of the Government Code. Violation of this provision may result in the imposition of penalties referred to in Labor Code, Section 1735. 1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.6. Delegation and Assignment. This is a personal services contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. 1.7. Business License: The Consultant shall obtain and maintain a valid City Business Registration Certificate during the term of this Agreement. 1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees that as the City's Consultant for Preliminary Design (Phase 1) of the Widening of Del Rosa Drive between 5th Street and 6th Street and between Upper Warm Creek and Baseline Street (SS11-017), Consultant shall maintain a fiduciary duty and a duty of loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, in performing its obligations under this Agreement, is governed by California's conflict of interest laws, Government Code Section 87100 et seq., and Title 2, California Code of Regulations Section 18700 et seq. 1.8.1 Prior to performing any services to City under this Agreement, Consultant shall provide the Public Works Department a written list of the Assessor Parcel Numbers and general location or address of any and all real property located in the City of San Bernardino in which Consultant has any ownership interest, or which is the location of any pending project that is a source of income for Consultant. Consultant shall keep this list current on a monthly basis during the entire term of this Agreement. 2 EXHIBIT A 1.8.2 Consultant shall not work on any task that is related to any real property that is located within 500 feet of any parcel in which Consultant has any ownership interest or which is the location of any pending project that is a source of income for Consultant. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Over the term of this Agreement, Consultant shall be paid for such services in an amount not to exceed $36,514.00, in accordance with Consultant's fee proposal marked Attachment`B" and dated July 8, 2010, attached and incorporated herein. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in Attachment "A", unless the City or its Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. 2.3. Method of Billing. Consultant may submit invoices to City's Project Manager for approval on a progress basis,but no more often than monthly. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail, the services performed and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The obligation to perform the professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule issued by the City's Project Manager. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. 3 EXHIBIT A 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the date approved by the City Manager and continue through December 31, 2011, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. An administrative extension of one additional year may be authorized, subject to the prior written agreement of both parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination. Compensation for work in progress shall be prorated as to the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and maintain during the life of this Agreement all of the following insurance coverages: (a) Comprehensive general liability, including premises-operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (b) Automobile liability for owned vehicles, hired, and non-owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. (c) Workers' compensation insurance as required by the State of California. 4 EXHIBIT A (d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder. 5.2. Endorsements. The comprehensive general liability insurance policy shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, officers, agents, and employees are additional insureds with respect to this subject project and contract with City." (b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor the coverage reduced, until thirty(30) days after written notice is given to City." (c) Other insurance: "Any other insurance maintained by the City of San Bernardino shall be excess and not contributing with the insurance provided by this policy." 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City,prior to performing any services under this Agreement. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire Agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing, and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Director of Public Works or his designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with 5 EXHIBIT A Consultant in the performance of this Agreement. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement. Consultant's Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or mail and shall be addressed as set forth below. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: AEI-CASC Consulting Nadeem Majaj 937 S. Via Lata, Suite 500 Director of Public Works Colton, CA 92324 300 North"D" Street San Bernardino, CA 92418 Tel: 909-783-0101 Tel: 909-384-5203 Fax: 909-783-0108 Fax: 909-384-5573 6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the City Attorney and members of his office in enforcing this contract on behalf of the City shall be considered as"attorneys' fees" for the purposes of this paragraph. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in San Bernardino County, California. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, indemnify and hold harmless City and its elected and appointed officials, officers, and employees from any and all claims, liabilities, expenses, including attorney fees, damage to property or injuries to or death of any person or persons or damages of any nature including, but not by way of limitation, all civil claims or workers' compensation claims, arising out of or in any way connected with the intentional or negligent acts, errors or omissions of Consultant, its employees, agents or subconsultants in the performance of 6 EXHIBIT A this Agreement. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall secure, at its expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. 6.10 Ownership of Documents. All findings, reports, documents, information and data including, but not limited to, computer tapes or discs, files and tapes furnished or prepared by Consultant or any of its subconsultants in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, in any form, including but not limited to, computer tapes, discs, files, audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. 6.11 Public Records Act Disclosure. Consultant has been advised and is aware that all reports, documents, information and data including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subconsultants, and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.12. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.13. Prohibited Employment. Consultant shall not employ any regular employee of City while this Agreement is in effect. 6.14. Order of Precedence. In the event of an inconsistency or conflict in this Agreement and 7 EXHIBIT A any of the attached Exhibits or Attachments,the terms set forth in this Agreement shall prevail. 6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.17. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.18. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.19 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.20. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy with respect to any occurrence or event shall not be deemed a waiver of any right or remedy with respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.21. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. 6.22. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.23. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so,the parties hereto are formally bound to the provisions of this Agreement. 6.24 Damages. The Parties agree to waive any rights to incidental or consequential and 8 EXHIBIT A punitive damages arising out of performance under this Agreement whether in torts or in contracts or in law or in equity. /// /// 9 EXHIBIT A AGREEMENT FOR SERVICES WITH AEI-CASC CONSULTING FOR PRELIMINARY ENGINEERING (PHASE 1) OF DEL ROSA DRIVE WIDENING AND AMEND THE FY 2010/11 —2014/15 CAPITAL IMPROVEMENT PROGRAM (CIP) AND FY 2010/11 BUDGET TO ADD PROJECT NO. SS11-017 "DEL ROSA DRIVE WIDENING BETWEEN 5T11 STREET AND 6TH STREET AND BETWEEN UPPER WARM CREEK AND BASELINE STREET." IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF SAN BERNARDINO, CONSULTANT A Municipal Corporation AEI-CASC Consulting COPY By Charles E. McNeely, City Manager Signature Name and Title Approved as to form: James F. Penman, City Attorney "OPYBy ".,„..ed 10 ATTACHMENT "A" 4 \ , A E 1 -- fr-C AS C s ; '. ;� 1, ,�; CONSULTING ,, � � * r SUPPLEMENTAL PROPOSAL FOR t 464 DESIGN OF THE WIDENING OF DEL ROSA DRIVE FROM 5TH STREET TO 6TH STREET AND DESIGN OF THE WIDENING OF DEL ROSA DRIVE BETWEEN UPPER WARM . '11111 CREEK CHANNEL AND BASELINE STREET May 3, 2010 v„ Submitted To: `' . --.._ CITY OF SAN BERNARDINO v Development Services Department - ,,' Michael W. Grubbs, P.E. 300 North "D" Street San Bernardino, CA 92418 Submitted By: p�"Y i r x-:, , .SM zF Yr y C AEI-CASC CONSULTING 937 S. Via Lata, Suite 500 Colton, CA 92324 „.:» ��°'�-- Phone: (909) 783-0101 Fax: (909) 783-0108 \,,. C O N S U LT I N G May 3,2010 City of San Bernardino Development Services Department Michael Grubbs, P.E. 300 North "D" Street San Bernardino,CA 92418 RE: DESIGN OF THE WIDENING OF DEL ROSA DRIVE FROM 5TH STREET TO 6TH STREET AND DESIGN OF THE WIDENING OF DEL ROSA DRIVE BETWEEN UPPER WARM CREEK CHANNEL AND BASELINE STREET Dear Mr.Grubbs, AEI-CASC Consulting (AEI-CASC) is pleased to submit our Supplemental Proposal to offer engineering services for the Del Rosa Drive widening project. With AEI-CASC's specialty in roadway and drainage improvements for public agencies, we believe the assembled project team has the highest quality of experience and expertise that will offer the City the best quality project in the least amount of time at the best cost. The project team possesses the expertise San Bernardino demands. In particular,AEI-CASC offers you a team with extensive experience with the design and construction management of site plans in the Inland Empire. The attached supplement to our March 26,2009 proposal includes the following: > Project Approach: Briefly provides an overview of the expected tasks to be performed and how they will be performed to meet the City's desired timeline with little oversight. > Scope of Work: Itemizes the order of tasks that will be lead to the successful completion of the project design. > Project Schedule: Shows the itemized durations of specific milestones required for the City to meet its schedule requirements. ➢ Project Team: Highlights the overall team specifically suited for street widening as originally presented in the March 26, 2009 proposal. We are confident you will find our project team to be extremely capable of providing the desired design and coordination services for Del Rosa Drive. More importantly, AEI-CASC looks forward to working with you and maintaining a long lasting, mutually beneficial and professional relationship. You may contact Steve Hosford or me if you have any questions. Sincerely, AEI-CASC CONSULTING Ric rd J.Sidor, P.E. Principal-In-Charge A EI-CASC Consulting Email:rsidor @aei-casc.com Enclosures CIVIL ENGINEERING PLANNING SURVEYING ENVIRONMENTAL ENGINEERING 937 S. Via Lata, Suite, Suite 500 • Colton, CA 92324 • (909) 783-0101 • (909) 783-0108 FAX www.aei-casc.com • � CITY OF SAN BERNARDINO • A DESIGN OF E 1 -='411‘ CASC STREET AND DESIGN OF THE WIDENING OF DELOROSA DRIVE BETWEEN C O N S U L T I N G UPPER WARM CREEK CHANNEL AND BASELINE STREET PROJECT APPROACH I. Project Understanding A. Overview: In order to satisfy the request for a brief and concise proposal, the project is simply described as construction of over 300 feet of curb, gutter and sidewalk with street widening on the west side of Del Rosa south of Base Line Road and new and reconstructed sidewalk along the east side. Between 5th Street and 6th Street, new curb, gutter,and sidewalk joins the proposed improvements at the southerly 6th Street curb returns extending approximately 560 feet to join future improvements to 5th Street. The geometrics of the raised median is based on lane requirements determined in the early phases of the project. The approach and understanding highlighting specific details are further described below. B. Right of Way:Review of available Assessor Parcel Maps indicate an existing right of way on Del Rosa Drive is 88 feet, permitting 64 feet from curb to curb with 12 foot wide parkways that support a 12 foot wide median, two 12 foot inside lanes and two 14 foot wide outside lanes. At this time Right of Way acquisition is not anticipated for this project.Confirmation of the Right of Way requirements is conducted preliminary engineering phase.This proposal assumes one legal description and plat for a storm drain. Preparation of additional legal and plats will be agreed upon prior to beginning the Design Engineering Phase. C. Drainage Overview 1. Base Line Road to Upper Warm Creek Bridge: Flow on Base Line drains to the west direction and through the intersection in cross gutters. Flow in Del Rosa travels south. The west side has no existing curb and gutter flow eventually reaches Upper Warm Creek Channel. A catch basin upstream of the channel is proposed to discharge the flow into the channel. 2. Between 5th Street and 6th Street- SOUTH: According to the Conceptual Grading Plan prepared for the property on the east side of Del Rosa Drive,the road will have a highpoint and some flow will travel south and be collected in the existing Catch Basin on the North East corner of 5th Street. The proposed catch basin improvements by IVDA's engineer will be studied to make sure this southerly flow can be carried by IVDA's storm drain improvements. 3. Between 5th Street and 6th Street - NORTH: According to both the Conceptual Grading Plan and SBUSD's Del Rosa and 6th Street improvement plans, the flow in the south west curb return flows south. With the proposed high point between 5th and 6th, the drainage will be trapped without a storm drain system.This drainage area will be studied to determine if the flow is best conveyed into a storm drain system to either IVDA's system, or alternatively to a storm drain system that is part of the High School improvements. A remaining alternative is to reconstruct the south east curb return and provide a cross gutter and direct the flow west on 6th Street. D. Landscaping & Safe Sight Distance: With Del Rosa Drive from 5th Street to 6th Street on a curve, the selected planting scheme will consist of low plants to maintain a safe stopping sight distance. E. Coordination with IVDA,SBUSD,EVWD,SBCFCD,&Highland 1. Coordination with IVDA includes awareness of their proposed construction schedule,review of their plans and studies in respect to the storm drain improvements in the 5th street intersection. 2. Coordination with the School District mainly pertains to the full scope of street and intersection improvements at 6th Street. Their drainage concept is of interest concerning the Del Rosa project. 3. While EVWD will be involved with water service for the median irrigation,they need to be kept abreast the construction schedule so that they can be prepared to construct the "6th Street Pipeline Perchlorate Treatment Project" which runs down Del Rosa between 6th Street and 5th Street before the street is repaved. 4. Flood Control's coordination is fairly well described in the RFP. In addition to the access entrances, permits are will be pursed for any drainage systems discharging into Upper Warm Creek Channel. 5. Investigations show that Del Rosa between 5th Street and 6th Street is in the City of Highland. Assuming this is correct, all engineering within this segment as described in this proposal will be performed to their criteria. F. Traffic Signal Modifications: It is understood that this project can be designed without physically impacting the proposed traffic signal improvements. As a result, the project is expected to only impact existing loops and require installation of new loops/DLC for new left-turn pockets. Therefore,our approach is to reduce the cost of this effort to the City by producing loop replacement plans instead of traffic signal modification plans. The loop replacement plans can be used for. minor traffic signal improvements. In the event that additional improvements are identified that would necessitate a traffic signal modification plan,additional scope and fee will be needed for the difference in effort. G. Interim Plans for Fifth Street improvements: If the construction of the City's Del Rosa Drive project are constructed prior to IVDA's 5th Street/ Del Rosa project, our design will end curb, gutter, and sidewalk at the location of the north BCR/ECR's and connect the existing curb returns with interim AC Berm. With a temporary CITY OF SAN BERNARDINO • cAsc DESfGN OF WIDENING OF DEL ROSH DRIVE FROM 5TH STREET TO 6TH STREET AND DESIGN OF THE WIDENING OF DEL ROSA DRIVE BETWEEN CONSULTING UPPER WARM CREEK CHANNEL AND BASELINE STREET inconsistency of street width,there will be interim striping.Interim striping will either join to existing conditions or implement north/south left-turn pockets if directed by the City.With left-turn pockets,the interim striping design will extend south of 5th Street to accommodate both the NB pocket and transition back to existing. Interim Loop Replacement Plans will also be necessary. H. ADA Compliance:At the Base Line Road intersection, the south west curb return will be partially reconstructed for a new curb ramp. The existing ramp on the south east corner will be analyzed to make sure it meets current ADA regulations. It is recommended that the curb returns on the north side of the same intersection be reviewed also so that all corner will comply with ADA. I. City Coordination and Involvement: The AEI-CASC team understands the City's available resources are focused on other assignments and it is our responsibility to manage all aspects of the design phase of the project. This is achieved through the project management and the project controls described in the March 29,2009 proposal. U. Methodology A. Project Development Milestones: For the project as described in the Request for Proposal it is proposed to divide the development into three distinct phases; Preliminary Engineering, Design Engineering, and Post Design Services. These tasks are further discussed in the"Scope of Work Program"and generally consists of the following: 1. Preliminary Engineering (Concept Review):The design parameters are established through investigations and research resulting in the identification of any design constraints that may impact San Bernardino's goals and the development of Del Rosa Drive. If necessary, changes to the scope can be refined before proceeding with the design. 2. Design Engineering: The Plans, Specifications, and Cost Estimate are created in this phase. The development of the PS&E is divided into subtasks submittals at the 65% completion level, and 95% completion level,followed by the approval of the 100%PS&E package. 65%Complete level: All items of work are included in the plans.Some non-standard details may be incomplete. The plans are checked in-house for errors and serve as the first progress plan review for the City. 95% Complete level: The PS&E is considered complete and ready for bid. Any remaining design issues are resolved and the construction package is expected to be ready for approval. 100%Final PS&E:The final submittal and review prior to submitting signed mylar plans and electronic files of the specifications. 3. Post Design Support: As a matter of quality assurance, the AEI-CASC design team is available to answer questions regarding the interpretation of the plans during the bidding phase. The team is available to attend the pre-bid meeting and construction meeting if requested. The scope of these services will be agreed upon prior to advertisement for bids. B. Project Improvement Plans 1. Title Sheet—One Sheet: Provides the Project Title, Vicinity Map, sheet index, general notes and other information in conformance with San Bernardino's standard format. 2. Typical Section Plans One Sheet: Includes the various typical sections and notes. Non Standard details may be included in this sheet and a full listing of removal and construction notes. 3. Street Improvements Plan and Profiles—Two Sheets at 1" = 40 feet:Show the existing topography, limits of work, construction notes, right of way, utilities, and other general design elements. Centerline, Top of Curb,and/or edge of pavement design is provided on the profile. 4. Cross Sections—Approximately Four sheets:Are drawn at 50 foot intervals for confirming the design cross fall.These drawings are prepared on worksheets for the City's review and are not considered to be part of the Bid Package,but will be available is requested. 5. Final Signing and Striping Plans—Two sheets at 1"=40':The final striping plans for the segment between 5th and 6th Streets will designed to City of Highland requirements. The design will tie into improvements at 6th Street already initiated by SBUSD and to improvements to be made at 5th Street by IVDA. The segment between Upper Warm Creek and Baseline Street will be designed to City of San Bernardino requirements and extend the existing striping configuration south of the creek north to Baseline. Both final designs will reflect the left-turn pocket configurations and length determine by analysis and agreed to by each jurisdiction. Final designs will include striping, pavement markings, transitions extending north and south of of the project limits as needed, left-turn pocket(s),relocation of existing signage to remain, new signage, and parking restrictions. 6. Interim Signing and Striping Plans—One sheets at 1"=40':An interim striping plan will be prepared for the segment between 5th and 6th Streets for use in the event that improvements at 5th Street are not implemented ahead of this project. It is assumed that for the interim,the project improvements will tie into [' CITY OF SAN BERNARDINO A E CAS DESIGN OF WIDENING OF DEL DRIVE FROM 5TH STREET TO 6TH STREET AND DESIGN OF THE WIDENING OF DEL ROSH DRIVE BETWEEN C O N S U L T I N G UPPER WARM CREEK CHANNEL AND BASELINE STREET the existing northwest and northeast curb returns. The interim design will include striping, pavement markings, transitions extending north and south of the project limits as needed, relocation of existing signage to remain,new signage,and parking restrictions. 7. Loop Replacement Plans—Two or Three sheets at 1"=40 feet:Show replacement of loops where impacted by roadway work at 5th Street, 6th Street„ and Del Rosa Drive. If needed, repositioning of vehicle heads and other minor traffic signal work will be shown on loop replacement plans. It is assumed that the curb returns at 5th Street and 6th Street will not be impacted by this project, and that the only work done by this project at the Baseline Street curb returns will involve new curb ramps that will not impact existing traffic signal equipment (poles, pull boxes,conduit,etc.). Loop replacement plans will show existing striping and loop replacement only if unidentified work at any of the project intersections results in the need for traffic signal modification plans,additional scope and fee will be needed. 8. Interim Loop Replacement Plans—One sheet at 1"=40 feet:Show replacement of loops where impacted by roadway work at 5th Street and Baseline Street for interim conditions. If needed,repositioning of vehicle heads and other minor traffic signal work will be shown on interim loop replacement plans. It is assumed that the curb returns at 5th Street will not be impacted by this project, however, north/south left-turn pockets may be implemented which will require new loops and installation of DLC to the controller. 9. Drainage Plans: The results of the drainage study will establish the necessity, location, and size of storm drain improvements. Prior to the study, at this time it is only assumed with certainty that storm drain plans will consist one catch basin and a short lateral draining the west side of Del Rosa north of Upper Warm Creek bridge. This will consist on one sheet of plan and profile. 10. Street Light Plan One sheet at 1" = 40 feet: Extend the existing street light system south of Upper Warm Creek north to Baseline Street. Design will be prepared to City of San Bernardino requirements and will include research to determine the most appropriate electrical service location which could involve a new feed point, existing feed point or service cabinet, or extending the existing system if conductors and service is sized appropriately. 11. Street Light Layout Plan—One sheet at 1" =40': Prepared for the segment of Del Rosa Drive between 5th and 6th Streets in City of Highland jurisdiction. The street light layout plan will show location of street lights for approval by the City of Highland. Following approval,the street light layout plan by the City,the ACAD file will be submitted to SCE for design of the street light system. The SCE designed plan will become part of the bid set. This task includes coordination effort with SCE. It is assumed that all fees charged by SCE will be paid for directly by the City. 12. Median Irrigation and Detail Plans: The Irrigation Plan will define water wise irrigation design and equipment including water distribution devices, valves, lines, controllers and all components necessary to operate the irrigation systems. Details in concurrence with the City of San Bernardino standards will be provided. We will prepare the various required water use estimate calculations, peak demand calculations,watering window calculations and pressure loss calculations. 13. Median Planting and Detail Plans:The Planting Plan will specify all trees, shrubs, ground covers and vines. Details in concurrence with the City of San Bernardino standards will be provided. C. Project Management and Controls:The Project Management Approach,Project Control and Project Schedule, and Quality Control/Quality Assurance Plan as presented in the March 26, 2009 proposal remains in force in respect to the unique requirements of this project and the specified project team. SCOPE OF WORK I. Phase One—Preliminary Engineering A. Project Start-Up 1. Kick-Off Meeting • Meet with City of San Bernardino staff: Review the project and establish guidelines to ensure good coordination with the City. The meeting is expected to focus on the timing,coordination,and design approach concerning the construction at 6th Street, the status of IVDA's improvements at 5th Street and other considerations. Contact or meetings with other stake holders such as Flood Control and the City of Highland are conducted separately. • Traffic Engineering Kick-off: Discuss the City's operational preferences, such as RT overlaps, minimum LOS for the basis of design,etc.At this meeting receive built-out or project traffic signal volumes for all 3 intersections with Del Rosa Drive-Baseline Street,6th Street and 5th Street. 2. Research&Data Collection • Utility Coordination: Upon the submittal of a list of utilities and contacts of utility purveyors in the project area by the City, standard utility notices are sent to each owner with facilities in the project areas.They are requested to provide information regarding the location of existing utilities and any upcoming plans for future or improved facilities in the vicinity of the project sites. • Record Information: Collect any available record drawings, survey control maps, parcel and tract maps,etc from the City,IVDA,SBUSD,and Highland. (� CITY OF SAN BERNARDINO DESIGN OF WIDENING OF DEL ROSAGDRIVE FROM 5TH STREET TO 6TH STREET AND DESIGN OF THE WIDENING OF DEL ROSH DRIVE BETWEEN C O N S U L T I N G UPPER WARM CREEK CHANNEL AND BASELINE STREET B. Project Site Map Development 1. Cross Section and Topographic Surveying: Provide Cross Section Field Surveying at a maximum interval of 25 feet in the project limits and perform a topographic survey to collect the culture and existing features in the vicinity of the project sites. 2. Base Map Preparation:Right of Way information, based on record maps, tract maps, and other available data is added to the topographic map to provide a comprehensive base map for both projects. C. Geotechnical Investigations 'I. Background Review • Review of available data developed by the Cities of San Bernardino and Highland and any additional reports prepared by other consultants will also be reviewed,if provided. • Obtain a no fee permit from the City of San Bernardino. 2. Field Exploration • Traffic control will be provided by a subcontractor in general accordance with the Work Area Traffic Control Handbook. If a detailed traffic control plan is not anticipated, however, should one be required,it can be provided for an additional cost. • Conduct a visual survey of the surface conditions of the asphalt concrete pavement and adjacent areas throughout the project area during our marking of the boring locations for Underground Service Alert purposes. • A total of 4 cores,two within each segment, are proposed. • Repair all coring locations within the existing street areas with the keystone reinstatement method. 3. Laboratory Testing • Test selected samples of the subgrade/native soil to determine the R-value quality of these supporting soils.Sieve analysis and sand equivalent tests will be conducted for the subgrade soil samples from representative cores and will be used to assess the consistency of the materials obtained. • Evaluate all data developed and formulate cost effective geotechnical recommendations related the proposed roadway improvements incorporating the current traffic index requirements. • Report and Findings and prepare a detailed Pavement Structural Section Component Analysis report that presents our findings,conclusions,and recommendations. D. Preliminary Drainage Engineering Services • Between Fifth and Sixth Streets: A detailed drainage investigation of the project area will be performed to validate the desired direction of flow collected between 5th street and 6th street, establish a drainage concept that will work with drainage improvements proposed for IVDA storm drain improvements and for SBUSD's drainage improvements (if any) on 6th Street. The investigation includes review of any available studies and designs prepared by the IVDA's engineer for 5th Street Improvements, developer's engineer, and SBUSD's engineer for the high school site, and review of MDP reports and plans, drainage patterns, and existing drainage facilities. This scope includes a hydrology study based on the current City MDP. Additionally, this scope will include preliminary construction cost estimates in support of the drainage alternatives. • South of Baseline Road: Prepare a simple roadway drainage capacity calculation for San Bernardino County Flood Control District in support of the proposed catch basin on the west side of Del Rosa, north of the channel crossing. E. 35 Percent Conceptual Plan Layout 1. Conceptual Median Landscape Plans:The Landscape Architecture team will visit Del Rosa from 5th Street to 6th Street to view existing conditions and recent development in the immediate vicinity and review any concepts available from the proposed school grounds for the possibility of establishing or maintaining a theme. The first step in the landscape drawing development process will be the preparation of preliminary landscape plans. The preliminary plans are developed in black and white format. The plan will identify types of plants to be used in all planting areas. Color photographs of all plants proposed will also be provided. 2. Conceptual Street Improvement Plans: The Preliminary 35% complete plan consists of the Title Sheet, Typical Section Sheet,Street Improvement Plan and Profiles, Cross Sections,Signing and Striping Plans and Median Landscape Plan as described in the Project Understanding. Drainage Plans and Street Lighting will be prepared at the 65%level. 3. Lane Configurations & Geometrics Investigation: The volumes received at the kick-off meeting will be reviewed for reasonableness and used to derive the lane configurations, including left-turn pockets and length for all intersections using the Highway Capacity Manaul methodology. The analysis will use the • HCM software (latest version) and the minimum LOS as specified by the City of San Bernardino to derive lane configurations and left-turn pockets. The results will be presented to the City for review comments and approval, and one additional analysis will be made to incorporate any comments by the City. Effort to complete this task is based on the following assumptions: No model runs to predict trips-these will be provided by the City or other entity to TES in a usable format;one future lane-configuration scenario will be • CITY OF SAN BERNARDINO AEI C A TH DESIGN OF WIDENING DEL DRIVE FROM 5TH STREET TO 6TH • STREET AND DESIGN OF THE WIDENING OF DEL ROSH DRIVE BETWEEN C O N S U L T I N G UPPER WARM CREEK CHANNEL AND BASELINE STREET used(e.g.built-out);new traffic counts are not needed;No Synchro run required. 4. Right of Way Investigations: Existing Right of Way is confirmed based on research information and any needed right of way as a result of the proposed improvements is identified and included in the 35% Conceptual Layout. 5. Cost Estimate: Preliminary Quantities are calculated and an Estimate of Probable Construction Cost is prepared to assure that the proposed improvements are within the City's anticipated construction budget. 6. City Submittal: Present the 35% Complete Plans, and Cost Estimate for input from the City before proceeding with the 65% Complete Plans. The delivery of the Geotechnical Investigation and Drainage Report are submitted separately. F. Preliminary Engineering Meetings and Coordination: AEI-CASC will provide up to 20 hours of meeting and coordination time with San Bernardino, other consultant team members in support of the Preliminary Engineering.Time is to be billed only as incurred.Additional time will be billed on a time and material basis in accordance with our standard hourly fee rate schedule. G. Preliminary Engineering Reimbursable Expenses: AEI-CASC will bill San Bernardino for reimbursable costs associated with Phase I. The cost will be billed only as incurred.An initial budget of$700 is provided. Additional costs will be billed on a time and materials basis in accordance with our standard hourly fee rate schedule and as authorized by San Bernardino. 11. Phase Two—Design Engineering A. Non-Destructive Utility Potholing: Based on the locations of underground utilities provided by record drawings, surveys,and the responses of the first utility notices,the locations for a maximum of six potholes will be identified on a Pothole Exhibit for QA/QC review prior to engaging the Pothole company SafeProbe, Inc. Safeprobe provides a report of their findings and a survey crew collects finished surface elevations to complete the findings. B. 65% Complete Plans: 65% Complete Construction Plans are prepared as described in the Project Approach Section of this proposal. All of the elements of work and project limits are include in the 65% submittal, however, various work generally consisting of details, notes, and other data may not be part of the 65% submittal. 1. Street Improvement Plans:Are generally a progress update of 35%complete plan submittal. 2. Traffic Plans:Interim and Ultimate Signing and Striping Plans,Interim and Ultimate Loop Replacement Plans, and Street Light Plans are prepared as described in the Project Approach. 3. Storm Drain Plans:The Storm Drain plans are based on the findings of the approved Drainage Report. 4. Median Landscape Plans: Irrigation Plans and Details and Planting Plans and Details are prepared as described in the Project Approach. C. 65%Complete Quantities and Cost Estimate 1. Quantities: Construction and removal quantities are calculated and documented and reviewed by the project manager. 2. Cost Estimate: An Opinion Of Probable Construction Cost is prepared using the itemized estimated quantities and,estimated cost per unit,and a 15%contingency. D. In-House Quality Review: An independent review of the contract documents assures San Bernardino and Highland a package that is bid-able and build-able. E. 65%Complete Plan and Estimate Submittal:AEI-CASC submits the 65%plans and estimate to San Bernardino for review. It is understood that the accuracy and completeness of the package is the responsibility of AEI-CASC. F. Right of Way Support 1. Title Report Review:Title Reports of the affected parcels,provided by the City are reviewed.This Task may be performed in the Preliminary Engineering Phase. 2. Legal Descriptions and Plats: Prepare One legal description and plat for the parcels requiring right-of-way acquisition, slope easements and construction easements. The Legal Description and Plat is signed and sealed by a Licensed Land Surveyor prior to being submitted to the City. G. 2nd Utility Notifications:Send a second notice with the 65%complete plans to the utility owners with facilities in the project area requesting verification of the utility's locations and identifying and possible conflicts, and necessary connections for irrigation and lighting services. H. 95% Plans: All Plan Sheets receive a general progress update and addresses comments from the 65% Complete Plan review.Plans are complete and considered complete and ready for bid. I. 95%Complete Cost Estimates:The Construction Cost receives a general progress update and are presented in a Bid Schedule format. A s CITY OF SAN BERNARDINO A E DESIGN OF WIDENING OF DEL ROSH DRIVE FROM 5TH STREET TO 6TH STREET AND DESIGN OF THE WIDENING OF DEL ROSH DRIVE BETWEEN C O N S U L T I N G UPPER WARM CREEK CHANNEL AND BASELINE STREET J. 95%Complete Construction Specifications:AEI-CASC will prepare special provisions,using the Green Book and City's Furnished boilerplate materials. Each item of work includes a method of measurement and payment. AEI-CASC will create Bid Document using City's pro forma specifications, including bid schedule, technical provisions,and special provisions. K. 95%PS&E Submittal:AEI-CASC E submits the 100%plans,specifications,and estimate to City of San Bernardino for review. L. Permit Processing:AEI-CASC will provide plan processing and project coordination with San Bernardino County Flood Control for improvements concerning drainage and access to Upper Warm Springs Channel.The project plans,applicable studies,and specifications will be submitted for construction approval and permits. M. Final PS&E Submittal: Upon revising any of the PS&E package as the result of the 95%review, the package is complete, signed and ready for bid. Revisions from the City are incorporated into the bid package and the appropriate submittals are made to San Bernardino. N. Final Utility Notice:Signed plans are submitted to utility companies that are required to prepare designs for the removal or relocation of their facilities as part of these improvements. Coordination for water and electrical service remains as on-going activity. O. Final Engineering Meetings and Coordination: AEI-CASC will provide up to 38 hours of meeting and coordination time with San Bernardino and other consultant team members in support of the Final Engineering Phase . Time is to be billed only as incurred. Additional time will be billed on a time and material basis in accordance with our standard hourly fee rate schedule. P. Final Engineering Reimbursable Expenses: AEI-CASC will bill the City for reimbursable costs associated with Phase II. The cost will be billed only as incurred.An initial budget of$1,625 is provided. Additional costs will be billed on a time and materials basis in accordance with our standard hourly fee rate schedule and as authorized by the City. PROJECT SCHEDULE The attached Time Chart shows how the many tasks and events are coordinated in order for a timely delivery in accordance with the Request of Proposal with Notice to Proceed on July 12 and the project ready to bid by November 10.The Time Chart is formatted by Phases and Tasks described in the Scope of Work. The cross hatched bars in the timeline represent the estimated review times for the various submittals. Two weeks have been given for reviews of the Preliminary Engineering and the 65% Plan and Estimate Review. Remaining reviews are shorter to show that cursory reviews can be performed as the project progresses. PROJECT TEAM The personnel in the Organization Chart presented in the March 26, 2009 proposal remains in force including Project Management, Project Administration, Survey and Mapping, Construction Management, and Quality Assurance. The following abbreviated Design Team and Technical Support has been customized to suit the needs of the Del Rosa Drive improvements. DESIGN Ruel Ituralde PE, Lead Roadway Engineer: With over 20 years of experience with a background in Transportation and Public service,Ruel supervises the staff of designers and technicians. Mark Swanson, PE, Lead Drainage Engineer: Under the guidance of Ceazar Aguilar, Mark will be responsible for the drainage report and any storm drain design. He is currently providing Storm Drain design support on a roadway, bridge, and channel improvement project in Cathedral City. Glen Pedersen, P.E., Lead Traffic Engineer: Vice President of Transportation and Energy Solutions, has exclusively been providing Traffic Engineering Design and Study Services to AEI-CASC for over six years. TECHNICAL SUPPORT John Leuer, GE, RCE, President of LOR Geotechnical Group: LOR Geotechnical has essentially exclusively provided geotechnical engineering and support services to AEI-CASC's Public Works projects over the last ten years. Doug Grove, RLA, LEED-AP, Principal of RHA: Mr. Grove will be responsible for overseeing the development of the efficient Planting and Irrigation design of the medians. • .L _ d c C w U V to L2! -Ili'64211L * I 011 1 ►d. = J. _il 4 3 - 3 E E C N N - 5-0 ,--• CD V a" CO O.O E C4 d �. E L d in a` 0 ai a c i a e e c e --,. ,L o a • o a• ,'- 1= 3 r r r 3 3 ; r 3 3 3 a 3 �€ 3 a u a s ^ d a • M �, a M Fl - :o , < 5 < < c 6 a o ° _ LL LL 5 2 LL LL _ LL ,f N A - 3 r r r 3153 3 3 3 3 3 a 3 3 ~ ; -- N 17 - • T o o N• ,. o < 0 ' 17 17 - - o N o o N o N H o 0 g .A, o .— 0 z ° ti z 3 . 1 1 r w° c2 E Z g aaa E g 33a. a E g Z in ro vii ' a c t g I a E a ' c n ii 3 - a E E c W E u e > o 0 3 Am a n w 1 i g a a $ a a `E Q o c Z e a ° a : rc . F ... ; ,E., -.5 m E E a e a m 0 C_ K a c 9 0. : ,, c a= 1 ` a ¢ ° ¢ Z —U' c_° a cm a v' uh m °o g m M , S z 4-'. ° v Z °u o f .§ a G n T a i c W -° m A g S a S 8 o �' ° E W d a b 3 £ m t Ig 8 E ra a •_ t•g $ 2 2 0 m E J o E ?"- E ° 5 a c ; z S 9 a h 'S a d ; E K n W N n 5 C g a V W . 'S Q a O C 3 , a.' V1 O = a W 'C) a O C E o „;11 -8. u a a a 58 c S °c -5, 1 -1 o a z :4' n la N N u at ° m -r „c« m m X e b € o r e m g,--;^ " K e s rc '' 0 m « e S. u 3 9 a u a S LL '9, _ m = e a _ (j a - u o rc' 4 Z 2. <�_ m V O W W Q m I _-r _' —_j i —__ CO o ' In ' __w r im ' : ,.- 1 n. "VI r I^ .1 Pn In 1 t', �', 10. Ir, a 7 a 8 F"■ ATTACHMENT "B" • • A E irA cAsc CON S U LT I N G July 8, 2010 Development Services Department Michael, W. Grubbs, P.E. 300 North"D" Street San Bernardino, CA 92418 SUBJECT: PRELIMINARY DESIGN SERVICES FOR WIDENING DEL ROSA DRIVE FROM 5TH STREET TO 6TH STREET AND PRELIMINARY DESIGN OF DEL ROSA DRIVE BETWEEN UPEER WARM CREEK CHANNEL AND BASELINE STREET Dear Mr. Grubbs, AEI-CASC Engineering is pleased that the City of San Bernardino is considering entering into a contract with our firm to perform the design engineering services for the above mentioned project as presented in our May 3, 2010 proposal. The scope of services included Preliminary Engineering and Design Engineering. It is understood that this project is funded through IVDA and following our meeting on June 1, 2010 our fee was presented to IVDA for approval. As you mentioned by telephone recently, IVDA desires to move forward with Phase One - Preliminary Engineering only at this time. This phase is described in the proposal's Scope of Work and generally consists of field investigations, research, survey, geotechnical studies, and a conceptual layout of the plans at a 35% level of completion. The fee for Phase One as stated in the May 3 proposal is $36,514.00. Though we do look forward to continuing the project though final design in the near future, AEI-CASC and its subconsultants are agreeable to providing only Phase One - Preliminary Engineering services as described in the Scope of Work for $36,514.00. Again, we look forward to working with you and providing the City with outstanding services on this project. If you have any questions or desire any further information, please contact me at (909) 783- 0101 ext. 5390. Sincerely, Steve Hosford, P.E. Project Manager CIVIL ENGINEERING PLANNING SURVEYING ENVIRONMENTAL ENGINEERING 937 S. Via Lata, Suite 500 • Colton CA 92324 • 909.783.0101 • 909.783.0108 FAX www.aei-casc.com City of San Bernardino Del Rosa Drive Widening Fee Estimate From 5th St to 6th St and Upper Warm Creek Channel to Baseline Street AEI-CASC Engineering. , __ Sub AEI-CASC Trans 6 Energy Solutions T.E.S._ Pdndpal Project Sr. Cale Des Deagner Word Sury Sury Consult re Misc Sr.T Trans 1I Trans Misc Task Description Mgr Eng Eng : Eng i Prot Man Crew(2) Exp. TOTAL Eng I Eng I Analyst Exp Total 1-PRELIMINARY ENGINEERING 4_ 2 $50 ...$704 NREFI A Project Start-Up 100 $580 ... 1.Kick-Off meeting 4 4.. . ' 1 _.2 , $1,374 4; . _... _ $0 2.Research I Data Gathering 2 4 � 2 $826. ._ _.....SO 3.1st Utikty 2 Notification I, 2 $250 - B Project Site Mapping ' ; $0 $0 4 16 $3,124 ._._... L Topo&Cross Sectioning ... . ; ....... _ _ $O 2.Base Map 8 41 _ $1,164 21 $4,580 $4,992 $0 C !.Geotechnical Investigations SO Eng 16•',... 5L__.. $6,092 _ ..... 9 2 D Prelim.Drainage En Services 13 16, $0 E 35%Concept Layout - 16 $150 $3,490 1.Conceptual Street Plan 4 8 I ; SO �{850 $3,850 $0 2.Conceptual Landscaping , ' 3.Lane Configurations&Geometnw .. _ _.. . $0 10 8, 8 $2,390 i4.Right of Way Investigation 2 4 4 $956 5.Cost Estimate 2 4: I $564 2 $240 ';6.Finding and Recommendations 4 4 _._ _! 4 _-$250 $1,562 2 4 =51,050 $50 $3,536 4 100 $580 F (Preliminary Eng.Mtgs 6 Gourd 16 - $0 1 ." y 321 10 4 16 $9,480 $500 $32,484 22 8■ 8 200 $4,030 HOURLY LABOR RATE $180.0, LABOR COST $3,060, $4,794 $4,148 $7 081 $3,040 2,085 ,$450 $1484 $2,560 $840: ,_$8001 $90, 2 SUBTOTAL Phssal 17 34 34 16 38 _. • , .52,080 5450 $564 $2,580 $9,480 $500 $32,484 $2,640. $800 .$390: $200 $4,030 PHASE ONE TOTAL FEE $36,514 $0 II -FINAL P.S.&E. 41 $0 A Six Non-Destmctive Potholing _. 2 ... .. 2 4 `:$9,000... $10,426 _.. B 05%Complete Plans $0 1.Street Improvement Plans ! $250 $250 $0 a.Title,Typical Section 8 Details 2' 5564 • b.Roadway Plan and Profiles • 4 8 161 12: , $3,800 ____ $0 c.Roadway Cross Sections _._ 2 -.. 16 24 $3,084 $0 _ 2.Traffic Plans $0 $0 a.Final Signing and Striping Plans 1 1 _ $0 2 6 4 $1,100 $0 2 4 2 $770 b.Interim Striping Plans N/0 5th Sheet _ ,.. c.Loop Replacement Plans 1 $0 4 24 6 $3,270 d.Interim Loop Replacement Plans '. % $0 2 4 2 $770 e.Street Light Plans _.. $0 8, 26 6 $3,950 4 $2,032 $0 3.Storm Drain Plans 4 � 4.Median Irrigation and Planting Plans 6 4 1 1'$8,'150 $6,150 $0 C 65%Complete Quantities&Est. 2 _..-4 ..-_ $564 2 2 -_"..4 _.....$700 D In-House Quality Review 4 2 _.. _., $850 __.. $0 E 65%Submittal .4. 2 8 $250 $1,578 1 2 50 $370 F Right of Way Support $2$0 0 1.Title Report Review -.. _. 2 _. _. -....... _ ___ $0 2.One Legal Descrption and Plat 6'' 2 $808 G 2nd Utility Notification -. 2. 2 2 $50 $544 : __... _ $0$0 H 95%Roadway Plans _ __ _.-_ _._._ $0 ___. $2,190 $0 1.Street Improvement Plans 2 4._ 8 12 , ... 50 4 8 4 $1,540 2 Traffic Plans $0 3.Storm Dram Plans 2 ' , 2 1! $1,054 Irrigation and Planbn Plans .;$2,600 _,. $2,800 .._.. $0 2 4 4.Median lrrig g .._. ..._.. - - _- I 95%Quantities and Cost 2 ■ 21 $404 2 1 2 $370 J 95%Specifications 24 , 4 $250 $3,814 5 $600 4 2 8 50 $370 $0 2 K 95%P36E Submittal __. , . _.__ _._ -__._._ $0 §1,328 L 100%P36E _._. Vii._. 1.100%Plans 2 4 8 12� $250 $2,440 2 6 2 150 $1,120 2 100%Specs 8 _ 1 -I 4 1 $1,308 2 $240 3.100%EaOmate __.... - 2--- 2' $4 i. -._._ _. 1t4 1 _.. $220 M Permit Processing 4 16 12 $4,620 N Final Utility Notice-to relocate 2 $50 $704 $0 30 1 8 $3,500 $75 $8,165 8 200 $1,160 O Meetings 6 Coordination ' --- - -- - - $0 4 2 HOURLY SUBTOTAL II $18141 941 681 81 741 901 241 21 4 321,250 $1,175 $59,707 46!. 85 32 $450:$16,550 SUBTOTALII 141 $141.0 $122.0. $113.01 $80.0 $85.0' $45.0 $141.0 $160.0 $1201. $1001 $65 TOTAL LABOR COST $2,520'513,254 88,832 $904 $5,020 $5,850, $1,0801 $282 $840 $21,250 $1,175 $59,707 $5,520' $8,500 52,0801. $450$16,550 PHASE TWO TOTAL FEE $76,257 TOTAL LABOR HOURS 311 1281 901 241 1121 1221 341 61 20 30730 1675 92191 68 93 381 650 20580 HOURLY LABOR RATE $180.0 $141.0 $122.0 $113 0� $80.0i, $65.01 $45.01,$141.0 $160.0 $120, $100(„ $65 ..,0 1 ._. Ir TOTAL LABOR COST '$5,580.518,048 310,9801 $2,7121 $8.980 $7,930' $1,530 .3818 $3,200 $30,730 $1,875 $92,191 58,160'. $9,300 $2,470 $650$20,580 TOTAL FEE $112,771 AEI-CASC $61,481 Transportation&Energy Solu0ons $20,580 RHA Landscape Architects $17156 LOR Geotechnical $4,580 Safe Probe $9,000 AEI-CASC Engineering 10128!2010