HomeMy WebLinkAboutR49-Economic Development Agency
CITY OF SAN BERNARDINO
ECONOMIC DEVELOPMENT AGENCY
FROM: Emil A. Marzullo
Interim Executive Director
SUBJECT:
Transtech Engineers, Inc. - Agreement for
Professional Services for Engineering and
Construction Management Services for the 19th
Street to 21" Street Project (Northwest
Redevelopment Project Area)
DATE:
June 9, 2011
----------------------------~---------------~----------------------------------------------------------------------------------------------------------------------------------------------------------------
SvnoDsis of Previous Commissiou/CounciVCommittee Action(s):
On June 9, 2011, Redevelopment Committee Members Johnson, Marquez, and Brinker unanimously voted to recommend that
the Community Development Commission consider this action for approval.
--------------------~----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Recommended Motion(s):
(Communitv Develonment Commission)
Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing
the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute
an Agreement for Professional Services by and between the Agency and Transtech Engineers, Inc., for Engineering
and Construction Management Services for the 19th Street to 21" Street Project (Northwest Redevelopment Project
Area)
------------------------------------------------------ ---------------------------------------- ----------------- ----------------------- ---~----------------------------------------------------------------------------.
Contact Person(s):
Kathleen Robles
Phone:
(909) 663-1044
Northwest
Ward(s):
6
Project Area(s):
Supporting Data Attached:
o Staff Report 0 Resolution(s) 0 Agreement(s)/Contract(s) 0 Map(s) 0 Letter(s)
FUNDING REQUIREMENTS:
Amount: $
$196,739
Source:
20 lIB Bond Proceed
Budget Authority:
Fiscal Year 2010-20 II Budget
Signature:
Emil A. Marzullo
,
)
Fiscal Review:
LoriP
----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------.
Commission/Council Notes:
-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
P:\Agendas\Comm Dev CommissionlCDC 2011106-20-1\ Transtech - PSA CDC SR.docx
COMMISSION MEETING AGENDA
Meeting Date: 06120/2011
Agenda Item Number: Jtlf'l
~AIA.U-~ f~
ECONOMIC DEVELOPMENT AGENCY
STAFF REPORT
TRANSTECH ENGINEERS, INC.
AGREEMENT FOR PROFESSIONAL SERVICES FOR ENGINEERING
AND CONSTRUCTION MANAGEMENT SERVICES FOR THE 19TH STREET TO 21ST STREET
PROJECT (NORTHWEST REDEVELOPMENT PROJECT AREA)
BACKGROUND:
On December 6, 2010, the Mayor and Common Council of the City of San Bernardino, the Community
Development Commission of the City of San Bernardino, and the San Bernardino Joint Powers Financing
Authority authorized the issuance of Tax Allocation Bonds Series B (the "Series 201lB Bonds") in the
amount not to exceed $6,000,000 for infrastructure improvements in the Northwest Redevelopment Project
Area. On February 9, 2011, the Series 201lB Bonds were issued for a principal amount of $3,220,000.
After the cost of issuance, the net sum of $2,701,557.27 was received to fund the Northwest
Redevelopment Project Area Project (the "Project") by the Redevelopment Agency of the City of San
Bernardino (the "Agency").
In order to prioritize what infrastructure was needed in the Northwest Redevelopment Project Area, the
Northwest Redevelopment Project Area Committee (PAC) was enlisted by Agency Staff in this effort. The
PAC canvassed the Northwest Project Area and identified approximately 30 streets and/or areas in need of
capital improvements ranging from curb and gutter replacement to sidewalk construction and street repair
to lighting and light pole replacement. From this list, Agency Staff analyzed each street/area for need and
proximity to like infrastructure needs. The area from 19th Street north to 21 st Street between North Mt.
Vernon Avenue and North Davidson Avenue was selected as shown in Exhibit "A."
CURRENT ISSUE:
In anticipation of funds from the Series 20 II B Bonds being received for the Project, along with other
infrastructure projects that will be forthcoming in the Downtown and Inland Center Drive/"E" Street
corridor areas, on January 13, 2011, the Agency released a Request for Qualifications (the "RFQ") for
Engineering and Construction Management Services. Of the eighteen (18) firms responding to the RFQ,
five (5) were subsequently shortlisted and are highlighted in the table below.
1.
i,::;~2,;:;1i
3.
4.
5.
Firms Responding to RFQ
AEI-CASC Consulting
!!"-""'>~"''''''"'''''>'''''''!:''''''!"''~:;; ,::::'i'S"~;;;;;:;')",,:,,'i:1:::-Td~---'-::::'::-:-':;-:';:;':
JO~~P.!1J';;'~<i'lllpi!ltilfi~~ A~$o\l .
David Evans Associates
Engineering Resources
Harris & Associates
l::;;-~:;}:i,--"
Location
Colton
i ~_aif13emaramo . .' .
Ontario
San Bernardino
Rancho
Ontario
Ontario
10. Parsons Brinkerhoff San Bernardino
II. Pfeiler & Associates Chino
------------------ -----------------------------------------------------------------------------
P:\AgendasIComrnDevCommis6ion\CDCZOll\06-20-1\ Transtech-PSACDC SR-docx COMMISSION MEETING AGENDA
Meeting Date: 06120/2011
Agenda Item Number: ~
Economic Development Agency Staff Report
Transtech Engineers, Inc. - Agreement for Professional Services
Page 2
]2. RBF Consulting
13. Rick Engineering
14. RKA Consulting
IS.
On April 29, 2011, a Request for Proposals (the "RFP") for Engineering and Construction Management
Services - 16th Street to 19th Street in the Northwest Redevelopment Project Area was sent to the five (5)
firms shortlisted. Four (4) firms responded to the RFP: Hernandez, Kroone & Associates, Ludwig
Engineering, Transtech Engineers, Inc., and Willdan Engineering.
Based on selection committee recommendations, the Redevelopment Committee has recommended
Transtech Engineers, Inc., with a local office in San Bernardino, to perform the engineering and
construction management services as set forth in the RFP.
ENVIRONMENTAL IMPACT:
None. This activity does not meet the definition of a "Project" under Section ]5378 of the California
Environmental Quality Act, which states that a "project" means the whole of an action, which has a
potential for resulting in either a direct physical change in the environment, or a reasonably foreseeable
indirect physical change in the environment.
Prior to the commencement of construction of the infrastructure improvements, the Agency will obtain the
environmental clearance necessary to proceed with said construction.
FISCAL IMPACT:
There will be no impact to the General Fund. The cost for the Transtech Engineers, Inc. Agreement for
engineering and construction management services is $]96,739. This Agreement will be funded through
the Series 20 II B Bonds.
RECOMMENDATION:
That the Community Development Commission adopt the attached Resolution.
Emil A. Marzullo, Ie'
ecutive Director
------------------------------------------------------------------
P\AgendaslComm l)ev CommissionlCDC 2011\06_20_11 Tnnstech - PSA COC SR.docx
COMMISSION MEETING AGENDA
Meeting Date: 06/20/2011
Agenda Item Number: jQ-LfCI
EXHIBIT "A"
1
2
3
4
5
6
7
8
RESOLUTION NO.
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE AN AGREEMENT FOR PROFESSIONAL
SERVICES BY AND BETWEEN THE AGENCY AND TRANSTECH
ENGINEERS, INC., FOR ENGINEERING AND CONSTRUCTION
MANAGEMENT SERVICES FOR THE 19TH STREET TO 21ST STREET
PROJECT (NORTHWEST REDEVELOPMENT PROJECT AREA)
WHEREAS, the Redevelopment Agency of the City of San Bernardino (the "Agency") is a
9 public body, corporate and politic existing under the laws of the State of California, California
10 Community Redevelopment Law, Health and Safety Code Section 33000, et seq., and is charged
11 with the mission of redeveloping blighted and underutilized land; and
12 WHEREAS, the Community Development Commission of the City of San Bernardino (the
13 "Commission") is the governing body for the Agency; and
14 WHEREAS, on December 6, 2010, the Mayor and Common Council of the City of San
15 Bernardino, the Community Development Commission of the City of San Bernardino, and the San
16 Bernardino Joint Powers Financing Authority authorized the issuance of Tax Allocation Bonds
17 Series B (the "Series 2011B Bonds") in the amount not to exceed $6,000,000 for infrastructure
18 improvements in the Northwest Redevelopment Project Area; and
19 WHEREAS, the Northwest Redevelopment Project Area Committee was enlisted by
20 Agency Staff to assist in identifYing and prioritizing streets within the Northwest Redevelopment
21 Project Area in need of infrastructure improvements; and
22 WHEREAS, in April 2011, the Agency Staff released a Request for Proposal for engineering
23 and construction management services for the 191h Street north to 2151 Street between North Mt.
24 Vernon Avenue and North Davidson Avenue area (the "Selected Area"); and
25 WHEREAS, on June 9, 2011, Agency Staff recommended to the Redevelopment Committee
26 that an agreement for professional services (the "Agreement") be entered into with Transtech
27 Engineers, Inc. (the "Consultant"), to perform the engineering and construction management
',8 services for the Selected Area; and
I
P:\Agendas\ResolutionslResolutions\2011\06-20-11 Transtech - PSA CDC RCiIO.docx
1 WHEREAS, the Agency Staff recommends to the Commission approval and authorization
2 for the Interim Executive Director of the Agency to sign said Agreement in the amount of $196,739,
3 attached hereto as Exhibit "A."
4 NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF THE
5 CITY OF SAN BERNARDINO DOES HEREBY RESOLVE, DETERMINE AND ORDER, AS
6 FOLLOWS:
7 Section 1. The information set forth in the above recitals of this Resolution is true and
8 correct.
9 Section 2. The Commission hereby approves and hereby authorizes the Interim
10 Executive Director of the Agency to execute the Agreement with the Consultant, on behalf of the
11 Agency together with such technical and conforming changes as may be recommended by the
12 Interim Executive Director and approved by the Agency Counsel and the City Attorney. The
13 Interim Executive Director of the Agency or such other designated representative of the Agency is
14 further authorized to do any and all things and take any and all actions as may be deemed necessary
15 or advisable to effectuate the purposes of the Agreement, including making non-substantive
16 modifications to the Agreement.
17 Section 3. This Resolution shall take effect from and after its date of adoption by this
18 Commission.
19 /1/
20 /1/
21 /1/
22 /1/
23 /1/
24 /1/
25 /1/
26 /1/
27 //1
',8 /1/
2
P:\AgendasIResolutionslResolutions\201l\06_20_11 Translech _ PSA CDC Reso,docx
1
2
3
4
5
6
7
RESOLUTION OF THE COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO APPROVING AND
AUTHORIZING THE INTERIM EXECUTIVE DIRECTOR OF THE
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
("AGENCY") TO EXECUTE AN AGREEMENT FOR PROFESSIONAL
SERVICES BY AND BETWEEN THE AGENCY AND TRANSTECH
ENGINEERS, INC., FOR ENGINEERING AND CONSTRUCTION
MANAGEMENT SERVICES FOR THE 19111 STREET TO 21ST STREET
PROJECT (NORTHWEST REDEVELOPMENT PROJECT AREA)
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Community
8 Development Commission of the City of San Bernardino at a
, 20 II, by the following vote to wit:
20 The foregoing Resolution is hereby approved this
21
22
23
24
Approved as to Form:
25
Abstain
Absent
Secretary
day of
,2011.
Patrick J. Morris, Chairperson
Community Development Commission
of the City of San Bernardino
:: By: \~~~
28
3
P:\Agendas\Resolutions\Resolutions\2011\D6.-20-11 Transtech - PSA CDC Reso_docx
EXHIBIT "A"
REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO
AGREEMENT FOR PROFESSIONAL SERVICES
TRANSTECH ENGINEERING, INC.
This AGREEMENT FOR PROFESSIONAL SERVICES (this "Agreement") is made and entered
into as of June 20, 201 I by and between the REDEVELOPMENT AGENCY OF THE CITY OF SAN
BERNARDINO (the "Agency"), a public body, corporate and politic, and TRANSTECH
ENGINEERING, INC. (the "Consultant").
NOW, THEREFORE, IN CONSIDERATION OF THE COVENANTS AND MUTUAL
PROMISES CONTAINED HEREIN AND FOR SUCH OTHER GOOD AND VALUABLE
CONSIDERATION, THE RECEIPT OF WHICH IS HEREBY ACKNOWLEDGED, THE PARTIES
HERETO AGREE AS FOLLOWS:
I. SUPERVISION OF CONSULTANT. The Agency Staff designated in Exhibit "A" shall be
responsible for the direction of any work to be performed by the Consultant and any other
consultants or sub-consultants to the Agency under this Agreement. The Consultant shall not
undertake any work under the terms of this Agreement, unless instructed to do so by one of the
designated staff members. No other staff member is authorized by the Agency to request services
from the Consultant.
2. TERM OF AGREEMENT. The term of this Agreement shall commence on the date first
appearing in this Agreement and will terminate upon the completion of the services described in
the Scope of Services as referenced in Section 3, unless earlier terminated as provided in this
Agreement. The Agency reserves the right through the actions of the Interim Executive Director
to terminate this Agreement at anytime either with or without cause and at the sole convenience of
the Agency upon delivery of notice of termination to the Consultant; provided, however, that upon
the effective date of any such termination, the Agency shall be responsible to pay and/or reimburse
the Consultant for all services, materials and supplies as may have been furnished to the Agency in
accordance with the Scope of Services as referenced in Section 3.
3. SCOPE OF CONSULTANT SERVICES. The Agency hereby retains the Consultant to provide
the professional consulting services set forth in the Scope of Services attached hereto as Exhibit
"B" and incorporated herein by this reference. The Consultant hereby agrees to perform the work
set forth in the Scope of Services, in accordance with the terms of this Agreement. The Consultant
shall perform the services as set forth on said Scope of Services within the time periods to be
identified by the appropriate Agency representative.
P:\Agendas\Agenda Attachments\Exhibits\20111OO-2O-1 1 Transtech - EXHIBIT A to CDC Reso.docx
4. PAYMENT BY AGENCY FOR WORK PERFORMED BY CONSULTANT.
A. The Agency shall compensate the Consultant on a time and materials basis not to exceed
$196,739 for completion of the services described in the Scope of Services set forth in
Exhibit "B" billed monthly to the Agency on a time and materials basis for the services as
actually rendered for each monthly period not to exceed in the aggregate the Total Fee for
the performance of the work and the delivery of the final work product.
B. The compensation designated in subsection 4. A. shall be the not to exceed Total Fee for
the performance of the work on a monthly invoiced time and material basis and the
delivery of the final work product materials, as set forth in the Scope of Services. The
Total Fee shall include, but not be limited to, the salaries of all sub-consultants retained by
the Consultant and all employees of the Consultant to perform work pursuant to this
Agreement and shall be inclusive of all costs and expenses incurred for mileage, travel,
graphics, telephone, printing, fax transmission, postage, copies and such other expenses
related to completion of the work set forth in the Scope of Services.
C. The Consultant shall invoice the Agency for work performed by the Consultant under this
Agreement each calendar month during the term of this Agreement.
D. The Consultant shall submit invoices under this Agreement to:
Redevelopment Agency ofthe City of San Bernardino
Attention: Kathleen Robles, Project Manager
20 I North "E" Street, Suite 30 I
San Bernardino, California 9240 I
E. Each invoice of the Consultant shall set forth the time and expenses of the Consultant
incurred in performance of the Scope of Services, during the period of time for which the
invoice is issued. Each invoice of the Consultant shall clearly set forth the names of the
individual personnel of the Consultant and any individual sub-consultants utilized by the
Consultant, during the time period covered by the invoice, a description of the professional
services rendered on a daily basis by each named individual during such time period, the
respective hourly rates of each named individual and the actual time expended by each
named individual. Each invoice of the Consultant shall be accompanied by copies of all
third party invoices for other direct costs incurred and paid by the Consultant during such
time period. The Agency shall pay all amounts set forth on the invoices of the Consultant
and approved by the authorized Agency Staff personnel who requested the services, within
thirty (30) days after such approval.
5. RECORDS RETENTION. Records, maps, field notes and supporting documents and all other
records pertaining to the use of funds paid to the Consultant hereunder shall be retained by the
Consultant and available to the Agency for examination and for purposes of performing an audit
for a period of five (5) years from the date of expiration or termination of this Agreement or for a
longer period, as required by law. Such records shall be available to the Agency and to
appropriate county, state or federal agencies and officials for inspection during the regular
business hours of the Consultant. If the Consultant does not maintain regular business hours, then
such records shall be available for inspection between the hours of 9 a.m. and 4 p.m. Monday
2
P:'Agendas\A.genda Attachments\Exhibits\2011\OO-20-11 Transtech - EXHIBIT A to CDC Rasa,doC)(
through Friday, excluding federal and state government holidays. In the event of litigation or an
audit relating to this Agreement or funds paid to the Consultant by the Agency under this
Agreement, such records shall be retained by the Consultant until all such litigation or audit has
been resolved.
6. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the Agency, its
officers, employees, representatives, and agents from and against any and all actions, suits,
proceedings, claims, demands, losses, costs and expenses, including legal costs and attorneys fees,
for injury or damage of any type claimed as a result of the negligent acts or omissions of the
Consultant, its officers, employees, sub-consultants and agents, to the extent arising from or
related to negligent performance by the Consultant ofthe work required under this Agreement.
7. INSURANCE. The Consultant shall maintain insurance, as set forth in Exhibit "C" to this
Agreement, throughout the term of this Agreement. The Consultant shall remain liable to the
Agency pursuant to Section 6. above to the extent the Consultant is not covered by applicable
insurance for all losses and damages incurred by the Agency that are caused directly or indirectly
through the actions or inactions, willful misconduct or negligence of the Consultant in the
performance of the duties incurred by the Consultant pursuant to this Agreement.
8. OWNERSHIP AND REUSE OF DOCUMENTS AND OTHER MATERIALS AND
INFORMATION. All maps, photographs, data, information, reports, drawings, specifications,
computations, notes, renderings, designs, inventions, photographs, modifications, adoptions,
utilizations, correspondence or other documents generated by or on behalf of the Consultant for
performance of the work (collectively, the "Work Products") set forth in the Scope of Services
shall upon payment for those services embodying the particular element of the Work Products,
become the sole property of the Agency, and the Work Products shall thereafter be delivered to the
Agency upon written request from the Agency to the Consultant. The Consultant shall not make
use of any maps, photographs, data, information, reports, drawings, specifications, computations,
notes, renderings, designs, inventions, photographs, modifications, adoptions, utilizations,
correspondence or other documents and other materials whether for marketing purposes or for use
with other clients when such have become the property of the Agency without the prior express
written consent of the Agency except to the extent that such maps, photographs, data, information,
reports, drawings, specifications, computations, notes, renderings, designs, inventions,
photographs, modifications, adoptions, utilizations, correspondence or other documents are readily
available to the general public as public records pursuant to State law; provided, however, that the
Consultant may retain copies of any such items for their business records.
The Consultant shall execute, acknowledge and perform any and all acts which shall be reasonably
required in order for the Agency to establish unequivocal ownership of the maps, photographs,
data, information, reports, drawings, specifications, computations, notes, renderings, designs,
inventions, photographs, modifications, adoptions, utilizations, correspondence or other
documents and record, register and procure an issuance in or to the Agency's rights, title and/or
interest. Any reuse without written verification or adaptation by the Consultant for the specific
purpose intended will be at the Agency's sole risk and without liability or legal exposure to the
Consultant.
3
P:\Agendas\Agenda Attachments\Exhib~s\2011106-20-11 Transtech - EXHIBIT A to CDC Raso,doC)(
9. PRESS RELEASES. Press or news releases, including photographs or public announcements, or
confirmation of the same related to the work to be performed by the Consultant under this
Agreement shall only be made by the Consultant with the prior written consent of the Agency.
10. CONFIDENTIALITY OF MATERIALS AND INFORMATION. The Consultant shall keep
confidential all reports, survey notes and observations, information, and data acquired or generated
in performance of the work set forth in the Scope of Services, which the Agency designates
confidential. None of such designated confidential materials or information may be made
available to any person or entity, public or private, without the prior written consent of the
Agency.
II. DEFAULT AND REMEDIES.
A. Failure or delay by any party to this Agreement to perform any material term or provision
of this Agreement shall constitute a default under this Agreement; provided, however, that
if the party who is otherwise claimed to be in default by the other party commences to
cure, correct or remedy the alleged default within seven (7) calendar days after receipt of
written notice specifYing such default and shall diligently complete such cure, correction or
remedy, such party shall not be deemed to be in default hereunder.
B. The party which may claim that a default has occurred shall give written notice of default
to the party in default, specifYing the alleged default. Delay in giving such notice shall not
constitute a waiver of any default nor shall it change the time of default; provided,
however, the injured party shall have no right to exercise any remedy for a default
hereunder without delivering the written default notice, as specified herein.
C. Any failure or delay by a party in asserting any of its rights or remedies as to any default
shall not operate as a waiver of any default or of any rights or remedies associated with a
default. Except with respect to rights and remedies expressly declared to be exclusive in
this Agreement, the rights and remedies of the parties under this Agreement are cumulative
and the exercise by any party of one or more of such rights or remedies shall not preclude
the exercise by it, at the same or different times, of any other rights or remedies for the
same default or any other default by the other party.
D. In the event that a default of any party to this Agreement may remain uncured for more
than seven (7) calendar days following written notice, as provided above, a "breach" shall
be deemed to have occurred. In the event of a breach, the injured party shall be entitled to
seek any appropriate remedy or damages by initiating legal proceedings.
12. TERMINATION.
A. This Agreement may be terminated by either party for any reason by giving the other party
fifteen (15) calendar days' prior written notice. The Agency shall pay the Consultant for
all work authorized by the Agency and completed, prior to the effective termination date.
B. In the event ofa termination of this Agreement under this Section 12, the Consultant shall
provide all documents, notes, maps, reports, data or other work product developed in
4
P:\Age:ndaslAgenda Altachments\ExhibRs\2011\06-20-11 Transtech - EXHIBIT A to CDC Resodoc.x
performance of the Scope of Services of this Agreement to the Agency, within ten (10)
calendar days of such termination and without additional charge to the Agency.
13. NOTICES. All notices given hereunder shall be in writing. Notices shall be presented in person
or by certified or registered United States Mail, return receipt requested, postage prepaid or by
overnight delivery by a nationally recognized delivery service to the addresses set forth below.
Notice presented by United States Mail shall be deemed effective on the third business day
following the deposit of such Notice with the United States Postal Service. This Section 13 shall
not prevent the parties hereto from giving notice by personal service or telephonically verified fax
transmission, which shall be deemed effective upon actual receipt of such personal service or
telephonic verification. Either party may change their address for receipt of written notice by
notifYing the other party in writing of a new address for delivering notice to such party.
CONSULTANT:
Transtecb Engineering, Inc.
Attention: David Mlynarski
413 MacKay Drive
San Bernardino, CA 92408
AGENCY:
Redevelopment Agency of tbe City of San Bernardino
Attention: Emil A. Marzullo, Interim Executive Director
201 North "E" Street, Suite 301
San Bernardino, California 9240 I
14. COMPLIANCE WITH LAW. The Consultant shall comply with all local, state, and federal laws,
including, but not limited to, environmental acts, rules and regulations applicable to tbe work to be
performed by the Consultant under this Agreement. The Consultant shall maintain all necessary
licenses, including a City of San Bernardino Business License, and registrations for the lawful
performance of the work required of the Consultant under this Agreement.
15. NONDISCRIMINATION. The Consultant shall not discriminate against any person on the basis
of race, color, creed, religion, natural origin, ancestry, sex, marital status or physical handicap in
the performance of the Scope of Services of this Agreement. Without limitation, the Consultant
hereby certifies that it will not discriminate against any employee or applicant for employment
because of race, color, religion, sex, marital status of national origin. Further, the Consultant shall
promote affirmative action in its hiring practices and employee policies for minorities and other
designated classes in accordance with federal, state and local laws. Such action shall include, but
not be limited to, the following: recruitment and recruitment advertising, employment, upgrading
and promotion. In addition, the Consultant shall not exclude from participation under this
Agreement any employee or applicant for employment on the basis of age, handicap or religion in
compliance with State and Federal laws.
16. CONSULTANT AND EACH SUB-CONSULTANT ARE INDEPENDENT CONTRACTORS.
The Consultant shall at all times during the performance of any work described in the Scope of
Services be deemed to be an independent contractor. Neither the Consultant nor any of its sub-
consultants shall at any time or in any manner represent that it or any of its employees are
employees of the Agency or any member agency of the Agency. The Agency shall not be
requested or ordered to assume any liability or expense for the direct payment of any salary, wage
or benefit to any person employed by the Consultant or its sub-consultants to perform any item of
5
P:\A.gendaslAgenda Atlactvnents\Exhibits\2011\06-20-11 Transtech - EXHIBIT A to CDC Reso,docx
work described in the Scope of Services. The Consultant is entirely responsible for the immediate
payment of all sub-consultant liens.
17. SEVERABILITY. Each and every section of this Agreement shall be construed as a separate and
independent covenant and agreement. If any term or provision of this Agreement or the
application thereof to certain circumstances shall be declared invalid or unenforceable, the
remainder of this Agreement, or the application of such term or provision to circumstances other
than those to which it is declared invalid or unenforceable, shall not be affected thereby, and each
term and provision of this Agreement shall be valid and enforceable to the fullest extent permitted
bylaw.
18. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties.
This Agreement supersedes all prior negotiation, discussions and agreements between the parties
concerning the subject matters covered herein. The parties intend this Agreement to be the final
expression of their agreement with respect to the subjects covered herein and a complete and
exclusive statement of such terms.
19. AMENDMENT OR MODIFICATION. This Agreement may only be modified or amended by
written instrument duly approved and executed by each of the parties hereto. Any such
modification or amendment shall be valid, binding and legally enforceable only if in written form
and executed by each of the parties hereto, following all necessary approvals and authorizations
for such execution.
20. GOVERNING LAW. This Agreement shall be governed by the laws of the State of California.
Any legal action arising from or related to this Agreement shall be brought in the Superior Court
of the State of California in and for the County of San Bernardino.
21. NON- WAIVER. Failure of either party to enforce any provision of this Agreement shall not
constitute a waiver of the right to compel enforcement of the same provision or any remaining
provisions of this Agreement.
22. ASSIGNMENT. This Agreement may not be assigned by the Consultant without the prior written
consent ofthe Agency.
23. REPRESENTATIONS OF PERSONS EXECUTING AGREEMENT. The persons executing this
Agreement warrant that they are duly authorized to execute this Agreement on behalf of and bind
the parties each purports to represent.
24. EXECUTION IN COUNTERPARTS. This Agreement may be executed in one (1) or more
counterparts, each of which will constitute an original.
25. EFFECTIVENESS OF AGREEMENT AS TO THE AGENCY. This Agreement shall not be
binding on the Agency until signed by an authorized representative ofthe Consultant, approved by
the government board of the Agency and executed by the Interim Executive Director or his
designee.
26. CONFLICTS OF INTEREST. The Consultant hereby represents that it has no interests adverse to
the Agency or the City at the time of execution of this Agreement except as previously disclosed
6
P:\AgendaslAgenda Attachments\Exhib~s\2011\06-2Q..11 Translech - EXHIBIT A to CDC Reso,docx
to the Agency Staff and in particular with respect to other work being performed by the Consultant
for i) Arden and Guthrie, H) 2nd and "G" Street, Hi) 2nd, Arrowhead, and 3'd, and iv) "F" Street
Parking between 4th and 5th. The Consultant hereby agrees that, during the term of this
Agreement, the Consultant shall not enter into any agreement or acquire any interests detrimental
or adverse to the Agency or the City. Additionally, the Consultant hereby represents and warrants
to the Agency that the Consultant and any partnerships, individual persons or any other party or
parties comprising the Consultant, together with each sub-consultant who may hereafter be
designated to perform services pursuant to this Agreement, do not have and, during the term of
this Agreement, shall not acquire any property ownership interest, business interests, professional
employment relationships, contractual relationships of any nature or any other financial
arrangements relating to the Agency, property over which the Agency has jurisdiction or any
members or staff of the Agency that have not been previously disclosed in writing to the Agency,
and that any such property ownership interests, business interests, professional employment
relationships, contractual relationships or any nature or any other financial arrangements will not
adversely affect the ability of the Consultant to perform the services to the Agency as set forth in
this Agreement.
27. NON-EXCLUSIVITY. This Agreement shall not create an exclusive relationship between the
Agency and the Consultant for the services set forth in Exhibit "B" or any similar or related
services. The Agency may, during the term of this Agreement, Agreement with other consultants
for the performance of the same, similar or related services as those that may be performed by the
Consultant under this Agreement. The Agency reserves the discretion and the right to determine
the amount of services to be performed by the Consultant for the Agency under this Agreement,
including not requesting any services at all. This Agreement only sets forth the terms upon which
any such services will be provided to the Agency by the Consultant, if such services are requested
by the Agency, as set forth in this Agreement.
28. CONSEOUENTIAL DAMAGES & LIMITATION OF LIABILITY. The Agency and Consultant
agree that except as otherwise provided in this Section 28, in no event will either be liable to the
other under this Agreement for any damages including but not limited to, special damages, loss of
revenue, loss of profit, operating costs or business interruption losses, regardless of cause,
including breach of Agreement, negligence, strict liability or otherwise. The limitations and
exclusions of liability set forth in this Section 28 shall apply regardless of fault, breach of
Agreement, tort, strict liability or otherwise of the Consultant and the Agency, their employees or
sub-consultants.
29. BUSINESS REGISTRATION CERTIFICATE. The Consultant warrants that it possesses, or shall
obtain immediately after the execution and delivery of this Agreement, and maintain during the
period of time that this Agreement is in effect, a business registration certificate pursuant to Title 5
of the City of San Bernardino Municipal Code, together with any and all other licenses, permits,
qualifications, insurance and approvals of whatever nature that are legally required to be
maintained by the Consultant to conduct its business activities within the City.
7
P:\A.gendas\Agenda Attachments\Exhibits\2011\06-20-11 Transtech - EXHIBIT A to COC Reso.oocx
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date
indicated next to the authorized signatures ofthe officers of each of them as appear below.
Dated:
Approved as to Form and Legal Content:
By: NOT FOR SIGNATURE
Agency Counsel
Dated:
AGENCY
Redevelopment Agency of the City of San Bernardino,
a public body, corporate and politic
By: NOT FOR SIGNATURE
Emil A. Marzullo, Interim Executive Director
CONSULTANT
Transtech Engineering, Inc.
By: NOT FOR SIGNATURE
Name:
Title:
8
P:\Agendas'Agenda Attachments\Exhibits\2011\06-20-11 Transtech - EXHIBIT A to CDC Rasa,docx
EXHIBIT "A"
SUPERVISORY STAFF PERSONNEL
Agencv Staff:
Emil Marzullo, Interim Executive Director
Kathleen Robles, Project Manager
Jeffrey Smith, Senior Urban Planner
EXlDBIT "B"
SCOPE OF SERVICES
4. Proposal Description
Page 30 of 68
Work for fences, utilities, etc. that are in the ultimate right of way and that signing and striping
.........." J...... in.-!. .............. ...... ...........+ ...~ +h... c:............. ,.,.of \A/.........
PART 2~ ESTIMATED F!ES 1""!i.,g'It'.;'(lIT~!r~ "i."""I2'"
.>,,~k1!J::]J]2 . '_1';~"'-_ J_-;~, ','. ,{",",,;,;~,-: i,L... !M...:W,
L I'IlOlIa DEVnOPM[f,Ir $21;;00
.. UIliINEE~II\IG D~1in iii IlIIJ OOCUMII'ir.i $50,lJS5
II. 81lllllNG MSlSTANCI SERYll>> $i,!ilIl
IV. OON5TROCIIDN'MANAGlMlNT SlRVIffi $61,l13!J
0......11 Pro;..ct~JkFmI"'-dr..tloo Inlfeoo..dina&n,~nd OCfQJJ., Ownlpt $:15'-
Geotet~oICl1llioy HR!tJJop {IfJllJot~Hl<<em:necenllry. $ee HI"~{Jp proponl on neKI pasel $eMS
TOTAL ESTIMATED fEES lbu.d on tIw ~b(t.... ~...umpticn51 $1196,139
"ClII:::llt::\.11 I::'" "y T1F~, IVI ~lll;> I-'IVJ~ """
worked with the Agency and the City for many years and has developed a relationship of
consulting expertise and service. We are confident that our service quality and responsiveness
will outperform our competition.
Explanation of Assumptians and Constraints
Transtech is aware of the budget and time constraints associated with this project and the
desire to address the needs of the neighborhood, be responsive to the community, and to
initiate upgrades to portions of the 6th Ward on the west side of San Bernardino. We are
aware of the surface drainage issues, the existing pavement conditions, the desire for improved
street lighting, sidewalks, and ADA accommodations.
It is assumed that the order of priority for infrastructure improvements is roadway surface
pavement rehabilitation/reconstruction, curb and gutter repair/installation for proper storm
water conveyance, installation of missing street lights, ADA compliance on existing sidewalks,
and additional sidewalk and ramp installations. It is acknowledged that project completion
timeline and funding limitations are of the utmost importance. We have discussed the
assumptions and constraints at length in the narrative portion of this proposal. Please refer to
narrative discussion of the scope of work for additional verbiage on the subject.
Transtech's Plan to Fulfill Agency Needs
DESIGN PHASE SERVICES
. Project Scoping Meeting and Progress Meeting: Transtech wili begin this project by meeting
with the Agency staff to discuss the scope of each element of the project and to coordinate
all aspects of the project. Project progress meetings will be held periodically throughout
the project duration.
.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
g
r.u..",.
4. Proposal Description
Page 31 af 68
. Research: Transtech will collect record data from the Agency, City of San Bernardino,
County of San Bernardino, and other Agencies as necessary.
. Visual Survey: A visual field inspection and review of each project site will be conducted by
the project staff, and video and pictures will be taken to document existing conditions.
. Operations and Facilities Inspection: Transtech's will field inspect operations in the project
area to develop an efficient control approach that will be used during the construction of
the proposed improvements. Recommendations will be prepared for consideration in the
design approach, and will be incorporated in the PS&E package to maintain public
convenience and safety.
. Engineering Anolysis: After review of office data, and field investigation surveys, we will
discuss our findings and preliminary approach with Agency staff. The required design
parameters will be agreed on and alternative materials and methods to achieve the goals
will be analyzed.
. Field Surveying: Aerial and field design survey of the project area will be performed.
. Plans, Specifications and Cost Estimates: Plans, specifications and estimates (PS&E) will be
prepared, using design standards designated, and finishing the project within the time
period specified by the agreement.
. Utifity Coordination: Existing utilities identified from available as-built plans will be shown
in the work areas Pians will be sent to each utility company for notification and review
during the preliminary design stage. Direct discussions with utility authorities may be
necessary in the eventuality that it becomes difficult to obtain adequate or reliable utility
information in a timely manner. A copy of all utility notification letters will be sent to the
Agency, as well as a log of any direct discussions conducted between Transtech and the
utility authority.
. As Built Plan Preparation: The plans will be revised to reflect as-built conditions per the
Agency Inspector's records. The electronic file will be updated with the information in a
drawing layer identified as "as built". Additionally, new mylars will be prepared refiecting
the as-built information.
. All designs will be prepared and submitted in a manner that ensures a complete design
approved by the City Engineer.
. Transtech will be proactive and apply our extensive knowledge of the design,
environmental, and funding requirements of the project.
. Transtech will ensure our work is in compliance with the funding requirements.
. Transtech will act as an advisor and advocate, and produce a product with the best interest
intended for the City within the required schedule and project budget.
. We will set up, notice, coordinate, and conduct meetings as necessary.
. All work will be done in conformance with applicable City, State and Federal laws, City
Design Manuals, City Standard Plans, Caltrans Manuals and Policies, State Standard Plans
and Specifications (for traffic signal and striping work and all work within State right-of-way,
APWA Standard Specifications for Public Works Constructions "Greenbook"). Manual of
Uniform Control Devices, and other applicable standards to the specific project.
. Transtech will prepare necessary design plans for storm drain and drainage, streets, signing
and striping, and conduct existing utility research and coordinate relocations, prepare storm
.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
g
1.........&
4. Proposal Description
Page 32 of 68
water pollution prevention plan requirements; prepare technical specifications; prepare
engineer's cost estimates and quantity take-offs.
o Transtech will prepare design work in AutoCAD (or equivalent) format using City standard
CAD symbology and layer naming conventions.
o Transtech will coordinate design and approvals with other agencies.
. For survey, materials testing, and inspection work, Transtech will require subcontractors
abide by the Caiifornia labor Code ~ 1770-1781, et seq. regarding prevailing wage rates.
Design Management
Our approach is to provide proactive management and identify potential issues in advance and
take immediate corrective actions.
o Schedule Control and Management: Schedule control and management is a critical
element in each project. Our project manager conducts weekly in-house meetings with
staff to review work progress, discuss any potential issues, and adjust staff resources as
necessary to keep the project on schedule.
o Third Party Coordination Public and Regulatory Agencies: One of the most common
schedule delays occurs during the review and approval process with the public and
regulatory agencies. Our approach is to initiate communications with agency staffs early in
the project development. Meeting with agency staff during design development and in
order to gain a clear understanding of their specific requirements and standards, is key to
avoiding any major revisions or conflicts in later project phases that may result in costly
scope revisions. This early communication also establishes an understanding of the project
schedule, when the plans will be submitted, so that the local approval agencies can plan
ahead to review and approve the project plans in a timely manner.
o Methodology for communication to inform the Agency of work progress: Project Design
meetings will be at least once a month, or more frequently depending upon the complexity
of the project and City's staff's requirements. We will prepare meeting agendas, minutes,
and presentation materials. A Critical Path Method (CPM) network, based on activities to
support all project milestones and subtasks will be prepared. The information will be in the
form of a bar chart and show a deiiverables schedule and other relevant data needed for
the control of work, for City review of the work status and accompiishments occurring each
month. Monthly updates will be furnished to the Agency's Project Manager. Key project
team members will attend regularly-scheduled project status meetings with the Agency and
other involved agencies throughout the project's duration. We will keep a detailed record
of communication that will include directions given by Agency staff and actions taken by our
team.
Design QC/QA
The main objective of the Quality Control process for design projects is to provide a mechanism
by which the construction plans are subject to a systematic and consistent review. This
process's outcome is the production of design plans and construction documents that
accurately reflect the Agency's scope, schedule, and budget expectations for the project.
.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
g
T~n-d..
4. Proposal Description
Page 33 oj 68
A secondary goal of the Quality Control process is to provide for a thorough documentation of
the project's design process. A properly documented project file is a by-product of the quality
control process. This will enable the Agency to substantiate its position from properly
documented project files if any legal, political, or procedurai issues arise regarding the project.
The Quality Control process includes comprehensive project planning, providing clear decisions
and directions, constant supervision, immediate review of completed activities for accuracy and
completeness, and documenting all decisions, assumptions and recommendations. Quality
Control does not solely consist of a review after a product Is completed. It Is an approach and a
realization that a product's ultimate quality is based on the quality of its production process.
Quality Control will be consistently and thoroughiy applied throughout project's duration.
Assigned QA/QC staff will be technically qualified to conduct the appropriate level of oversight,
and demonstrate a concerted and sustained commitment to provide a high quality product.
. Design Reviews: Our multi-disciplinary team of design professionals with extensive
professional experience in similar projects. The documents are reviewed to validate design
team approach to the project program requirements and identify code element,
constructability items for consideration, adjustment and/or incorporated by the Design
Team.
. Constructability Reviews: Our constructability reviews follow a similar process to design
support review with a different focus. We prefer to do both reviews concurrently for
efficiency, with early phase focus on design support issues moving to predominantly
constructability, and coordination in later phases.
. Value Engineering: We approach value engineering as a continuous and evolving function
throughout the entire preliminary and design phases. Value engineering is treated as an
integral part of developing design criteria and ultimate incorporation into the project plans,
specifications and estimates. Integrating value engineering throughout the project
significantly reduces the chance of a major design alternative being identified by a "value
engineering team" after the project is designed, which would cause a tremendous redesign
effort and considerable time delays.
CONSTRUCTION PHASE SERVICES
. We manage tax-exempt Tax Allocation Bond funded projects in conformance with the bond
covenant requirements.
. Upon bid opening of construction bids by the Agency, conducting a bid analysis, and
assisting Agency staff in reviewing all bids received, including bid evaluation, background
check, and compliance check.
. Assisting Agency staff in determining and awarding the contract to the lowest responsive
and responsible bidder in compliance with the funding requirements.
. Providing necessary eM, RE, inspection, management and administrative support staff to
manage construction.
. Providing necessary services, including inspection during construction for compliance with
applicable codes, and review and approval of all RFI's, during construction.
.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
6-
.....",.
4. Proposal Description
Page 34 of 68
. Providing all necessary services, including inspection during construction for compliance
with all applicable codes, and review and approval of all shop drawings during construction.
o Providing "Specialty Inspection and Testing" for pavement/materials, including batch plant
inspection.
o Employing and managing independent certified laboratories for all required materials
testing.
o Developing a master construction schedule, and monitoring and updating construction
schedule.
o Reviewing contractor's submitted Storm Water Pollution Prevention Program and providing
review comments and an acceptance or rejection determination. Inspecting erosion control
measures and storm water pollution prevention program work on a regular basis and cause
the Contractor to immediately correct any deficiencies and document any changes to the
SWPPP until project completion.
o Conducting weekly construction meeting with the contractor, Agency, and other involved
parties. Preparation and distribution of meeting minutes.
o Preparing and distributing all required notices, and responding to compiaints and resolving
problems as necessary.
. Reviewing contractor change order requests, and preparing necessary documentation for
submittal and approval or denial by the Agency.
o Reviewing contractor pay requests and preparing necessary documentation for submittal
and approval by the Agency.
o Maintaining safety. Federal, State and Local laws have established occupational safety and
health standards with which all employers must comply. These laws basically require an
employer to provide a safe place of employment; i.e., one that is reasonably free from
danger to life, or health. We will require the contractor to comply with safety rules and
regulations.
o Managing construction activities and project controls.
o Managing contract cost accounting system.
o Maintaining Certified Payroll records in compliance with prevailing wage requirements.
o Conducting project waik-through(s) and preparing punch list(s).
o Ensuring the project is implemented per the approved set of plans, and preparing as-built
drawings at the completion of construction.
o Maintaining proper project files and documentation. The project file wili contain all data
pertinent to the work and to the requirements of the specifications. The file will be
compiete, available at a single location, and organized and maintained in a manner that
permits inspection during process reviews or random checks.
o Coordinating close out of the project.
o Delivering a final completed project to the Agency, which is in compliance with the PS&E
package, and all applicable codes, standards and requirements.
o Presenting to the Agency a complete project close out fiie.
o Preparing all required reports and paperwork as necessary to satisfy all Caltrans
requirements for the project.
.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
fl
r~WtI.l
4. Proposol Description
Page 35 of 68
The followine is a detailed descriDtion of Construction Manaeement tasks to be Drovided:
Pre-Construction Meeting
Conduct a pre-construction meeting. The meeting will be attended by representatives of the
local agency and contractor. Invite other affected agencies. local authorities (police, fire, etc.),
and public utilities personnel to attend. Where Caltrans has jurisdiction, extend an invitation to
Caltrans. If necessary, we will hold additional meetings to cover specific areas, such as labor
compliance, Equal Employment Opportunity (EEO), record keeping, etc. We will explain the
various forms, reports, as well as sanctions for noncompliance with local, state, and federal
requirements. Discussion will include requirements for Equal Employment Opportunity, state
and federal safety, labor compliance and DBE. Potential utility and traffic safety problems will
also be discussed. A written record of attendance and items discussed will be prepared and
distributed to all attendees.
Contract Time Monitoring
We will review working days, contract time requirements, and document time extensions
according to the requirements set forth in the bid specifications. Any contract time extension
approvals will only be made if the justification demonstrates a delay to the controlling item of
work in the contractor's schedule. We will maintain a written record of project progress. This
record will indicate factors which may affect the work, such as weather conditions, utility
delays, strikes or labor disputes, and material shortages. Based on these factors a record of
working days will be maintained. We use documentation similar to Caltrans/LAPM Exhibit 16-A,
"Weekly Statement of Working Days," Form CEM-2701 (Old HC-146) for the record of project
progress.
Engineer's Daily Reports
We will keep daily reports to record work in progress. When the report is used to determine
compliance with the iabor provisions of the contract, the following additional information will
be included:
. The names or identification numbers of the contractor's personnel
. The respective classifications of the work being performed
. The number of hours worked on the date covered by the report
Reporting for labor compliance will be done on a random spot-check basis only. One report per
week on the project will be used as an initial guide. The frequency may be reduced after a high
degree of compliance has been verified. We use daily report forms similar to Caltrans/LAPM
Exhibit 16-C.
Project Files
The project file will contain all data pertinent to the work and to the requirements of the
specifications. In general, project files will support:
. adequacy of filed control
. conformance to contract specifications, and
. contract payments to the contractor
.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
g
ru",1:IKI.!
4. Proposol Description
poge 36 of 68
The file will be complete, available at a single location, organized and maintained in a manner
that permits inspection by the Agency and funding personnel during process reviews or random
checks.
Organization of Files
Project files will be organized to include the information indicated below:
1. Project Personnel
2. Correspondence
3. Weekly record of working days
4. Materials Data
5. Engineer's Daily Reports
6. Contract Item Pay Quantity Documents
7. Contract Change Orders
8. Extra Work Reports
9. Progress Pay Estimates and Status of Funds
10. labor Compliance and EEO records
11. Contractor's Payrolls
12. Final Report
13. Materials Certificate
14. DBE Records
Construction Records and Accounting Procedures
The essential elements of the system are as follows:
1. It must contain a file of source documents supporting payments made to contractors.
Source documents will clearly record:
. To what specified portion of work it applies;
. The necessary measurements and/or calculations by which the quantity is determined;
and
. The name of the individual who made the determination.
2. The calculations on source documents will be checked in accordance with good engineering
practice.
3. Weighmaster certificates are source documents and must be validated at the point of
delivery.
4. It will contain a separate item sheet for each contract item and each other appropriate
accounting category such as; adjustments of compensation; extra work payments;
payments for materials not yet incorporated into the work; and deductions.
5. It will contain a contingency balance and anticipated changes sheet, on which the current
estimated probable final cost of the work is recorded.
Safety Provisions
Federal and State laws have established occupational safety and health standards with which all
employers must comply. These laws basically require an employer to provide a safe place of
employment; i.e., one that is reasonably free from danger to life, or health. We will require the
.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
g
TRWOrrdI
4. Proposal Description
Page 37 of 68
contractor under the contract specifications to comply with safety rules and regulations. The
"Construction Safety Orders" of the California Division of Industrial Safety apply to all federal-
aid contracts. In administering this part of the contract, the engineer is required to see that the
contractor properly provides for the safety of the workmen.
labor Compliance
Reporting for labor compliance wili be done on a random spot-check basis as required by
federal funding program. One report per week on the project will be used as an initial guide.
The frequency may be reduced after a high degree of compliance has been verified.
Equal Employment Opportunity
Equal Employment Opportunity (EED) requirements apply to all federal-aid construction
contracts and all related subcontracts of $10,000 or more. A proactive approach to ensure
compliance is to discuss the requirements of the contract at the pre-construction conference.
Quality Assurance Program
A Quality Assurance Program (QAP) is a sampling and testing program that will provide
assurance that the materials and workmanship incorporated in each highway construction
project are in conformance with the contract specifications. The main elements of a Quality
Assurance Program are acceptance testing and independent assurance sampling and testing.
For federal-aid projects off the National Highway System, local agencies may adopt their own
Quality Assurance Program used for transportation projects not utilizing federal-aid funds, or
adopt the Caltrans OAP described in this section. Caltrans will not process a Request for
Authorization for Construction without verification of an adopted QAP.
Project Management
Our approach is to provide proactive management to identify potential issues and problems in
advance and take corrective actions before they become problems. This requires extensive
hands-on knowledge, experience and management skills of the people involved in managing
and inspecting the project. Our team members have extensive experience and proven track
record in managing such complex projects and bringing them to a completion on time and
within budget. Our staff members have a strong educational background and are licensed and
certified as engineers and inspectors.
Construction Phase Quality Control and Quality Assurance (QC/OA) Program
For the Construction, we prepare and implement a Quality Assurance Program (QAP). The OAP
is a sampling and testing program that provides assurance that the materials and workmanship
incorporated in the construction project are in conformance with the contract plans and
specifications. The main elements of a OAP are acceptance testing and independent assurance
sampling and testing. The QAP sets the expected standards and test methods, and takes out
any personal preference and guess work as to what the acceptable levei of work product is to
the Owner, Architect and Construction Staff.
Site logistics
[I]
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
8
Tlf.WiIKII
4. Proposal Description
Page 38 of 68
...._---,---~_.._,.._._----,.,..-._-_._,....------_.-
We analyze the project site to develop an efficient and safe control of the site, including
construction staging and lay-down areas, concrete trucks and pump staging during concrete
pours, site ingress/egress, vehicular and construction traffic flow and control, pedestrian flow
and control, parking for construction workers, alternatives for displaced parking, construction
office, and various other related items.
Safety and Security
We hold meetings with the contractor to review and discuss safety and security requirements,
OSHA conformance, emergency security and safety procedures, and enforce security and safety
responsibilities.
Management of Documents
We use an electronic file management system. All construction forms, daily dairies, weekly
statement of working days, etc. are stored in our electronic file system, and are per Caltrans
documentation system. We provide these documents at the end of the project to the client in
organized files as well as pdf files.
Closeout
We recognize that closeout is an important part of the construction process. It signifies that the
new facility is ready to use. We methodically handle all closeout tasks to ensure a smooth
transition from construction to occupancy.
Funding Closeout
We prepare necessary closeout documentation required by the funding agencies, submit final
reimbursement documentation, follow-up on the reimbursements, and final funds balance
report.
Approach to Cost Control and Change Orders
Two feasible methods exist for practical control of publicly funded construction costs. One is
proactive and the other is reactive.
. Proactive cost control is achieved by putting sufficient effort into the plan and specification
preparation to minimize potential change orders.
. Reactive cost control occurs during the review of change order requests submitted by the
contractor. A variety of techniques are employed when reviewing submitted change order
requests.
We evaluate monthly costs/expenditures based on an actual field review and documentation.
The documentation is used as both criteria for evaluating the accuracy of costs/expenditures,
and as input for review of the cost-loaded monthly progress schedule. An accurate schedule of
values and baseline schedule are fundamental to this analysis. Base contract work, as well as
changes to the work, is also progressed and quantified. Any differences between the original
estimates and actual costs/expenditures are identified. We evaluate project costs and develop
feasible mitigation measures to minimize additional costs. We work as a team to solve
.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
8'
""""'"
4. Proposal Description
Page 39 af 68
problems or make modifications in the field to address unforeseen conditions or owner
generated changes in a cost effective manner.
Approach to Scheduling and Timely Completion of Project and Schedule Recovery
Understanding how the component pieces of a Project and the necessary sequencing are
critical to the successfui completion of the Project. We use various project management
software depending on the nature of the Project to ensure proper schedule development,
document control, including RFI's, submittals and plan review. The regular maintenance and
updating of the schedule quickly identifies areas that can be accelerated, and those items that
may need additional attention and oversight. We ensure that the contractor's construction
baseline schedule has properly identified the project scope, critical path, project milestones,
target dates, phases, and sequences of work, activity durations, activity float and relationships
between activities. Interrelationships with various projects phases, and interfaces with Owner
activities are verified to ensure proper coordination with the existing operations. We ensure
that the baseline schedule considers access coordination; staging and lay-down areas and
seamless transition and interfaces between the new and existing facilities, and any operation to
be maintained on-site. When significant activities show that they are slipping from the
baseline, we work with the contractor to develop "recovery plans" and verify that the plans are
achievable and are impiemented to have the desired effect. We incorporate progress
information recorded on the Inspector's Reports to verify actual progress in the monthly
schedule. These reports clearly identify and document if any delays occurred and what caused
the delays. This approach enables all involved parties to anticipate potential delays early in
order to proactively manage the schedule.
Promote participation in the bidding by local subcontractors and vendors
Often, on large and complex projects, small local subcontractors and vendors do not participate
in the bidding. We work with local Chamber of Commerce and organizations and conduct
outreach to promote participation of local businesses in the bidding process as subcontractors
and vendors, so that some project funds can be kept in local economy, resulting in the creation
of more local jobs.
Contractor prequalifying
If desired by the Agency, we can conduct a contractor pre-qualifying process. Public Contract
Code section 20101 authorizes local public agencies to prequalify contractors before allowing
them to bid for public works projects. The key points are:
. A public agency may require contractors to submit standardized questionnaires which seek
information necessary to determine whether the contractors have met prequalifying
standards. Uniform subjective rating systems must be used to determine the minimum
requirements permitted for qualification to bid.
. Agency must have procedures in place which allow contractors to appeal decisions that they
are not qualified to bid, which will result in review and conclusion prior to the submission of
bids.
.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
8-
TIWIo~'n:1.I
.
4. Proposal Description
Page 40 of 68
Methodology for Communication to Inform Agency on Work Progress
Key project team members will attend periodic project progress meetings with Agency staff
throughout the project duration. We will keep track of all directions given and commitments
made. Transtech will provide project status reports which updates, at a minimum, the status
on the schedule, budget, and pending issues requiring attention. Throughout the project, you
will receive project updates from us by telephone and by written progress reports. You will be
aware of what is going on at all times.
TECHNICAL PROPOSAL, Engineering and Construction Management Services
19th Street to 21st Street in the NWRPA
g
JliI,"'!iIfC~
EXHIBIT "C"
INSURANCE REQUIREMENTS
The Consultant shall maintain insurance policies issued by an insurance company or companies
authorized to do business in the State of California and that maintain during the term of the policy a
"General Policyholders Rating" of at least A(v), as set forth in the then most current edition of "Bests
Insurance Guide," as follows:
(1) Comorehensive General Liability Insurance. The Consultant shall maintain
comprehensive general liability insurance of not less than Two Million Dollars
($2,000,000.00) combined single limit, per occurrence.
(2) Automobile Insurance. The Consultant and each of its sub-consultants shall
maintain comprehensive automobile liability insurance of not less than One
Million Dollars ($1,000,000.00) combined single limit per occurrence for each
vehicle leased or owned by the Consultant or its sub-consultants and used in
performing work under this Agreement.
(3) Worker's Comoensation Insurance. The Consultant and each of its sub-consultants
shall maintain worker's compensation coverage in accordance with California
workers' compensation laws for all workers under the Consultant's and/or sub-
consultant's employment performing work under this Agreement.
(4) Errors and Omissions Coverage. The Consultant shall maintain an insurance policy
covering liability for errors and omissions of the Consultant in performing the
Scope of Services of this Agreement in an amount of not less than One Million
Dollars ($1,000,000.00).
Concurrent with the execution of this Agreement and prior to the commencement of any work by
the Consultant, the Consultant shall deliver to the Agency, copies of policies or certificates evidencing the
existence of the insurance coverage required herein, which coverage shall remain in full force and effect
continuously throughout the term ofthis Agreement. Each policy of insurance that Consultant purchases
in satisfaction of the insurance requirements of this Agreement shall name the Agency as an additional
insured and shall provide that the policy may not be cancelled, terminated or modified, except upon thirty
(30) days prior written notice to the Agency.