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HomeMy WebLinkAbout24- Public Works ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Robert G. Eisenbeisz, City Engineer Subject: Resolution Amending Resolution No. 2009-356 approving a Cooperative Dept: Public Works Agreement with the County of San Bernardino and the City of Highland for Date: May 27, 2010 rehabilitation of the pavement on Pacific Street from Perris Hill Park Road to File: Victoria Avenue (SS08-28). MCC Date: July 6, 2010 Synopsis of Previous Council Action: 11/16/09 Resolution No. 2009-356 adopted approving a Cooperative Agreement with the County of San Bernardino and the City of Highland for rehabilitation of the pavement on Pacific Street from Perris Hill Park Road to Victoria Avenue (SS08-28). 06/23/09 Mayor and Common Council adopted Capital Improvement Program for FY 2009-2010 through 2013-2014. Recommended Motion: Adopt Resolution. Robert G. Eisenbiesz Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report& Resolution Ward(s): 2 & 7 FUNDING REQUIREMENTS: Amount: None Source: (Acct.No.) Acct. Description: Finance: Council Notes: so o2o/D -=2 3G Agenda Item No. t 716110 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution Amending Resolution No. 2009-356 approving a Cooperative Agreement with the County of San Bernardino and the City of Highland for rehabilitation of the pavement on Pacific Street from Perris Hill Park Road to Victoria Avenue(SS08-28). Background: On November 16, 2009, the Mayor and Common Council adopted Resolution No. 2009-356, authorizing the execution of a Cooperative Agreement with the County of San Bernardino and the City of Highland for Rehabilitation of Pacific Street from Perris Hill Park Road to Victoria Avenue. A copy of said Resolution is attached hereto. Section 2 of the Resolution required that the Cooperative Agreement be executed by the other parties within 90 days of the date of approval of the resolution or the approval would be null and void. Both the City of San Bernardino and the City of Highland have approved the agreement but the County Board of Supervisors didn't consider the item until February 23, 2010, which exceeded the 90 days. Contributing to the delay in executing the Cooperative Agreement was a disagreement between the County and San Bernardino regarding the responsibility for the cost of rehabilitating several reaches of Pacific Street through areas under consideration for annexation to the City of San Bernardino. That disagreement was recently resolved by an action of the County Board requiring the County to continue responsibility for those portions of Pacific Street even after annexation. Approval of this Cooperative Agreement is in the best interest of all the parties. Therefore, staff is recommending that the Resolution be amended to allow a total of three-hundred-sixty-five (365) days from the date of approval of the original resolution, which was November 16, 2009, for execution of the Agreement by the other parties. Financial Impact: There is no financial impact from the approval of this Resolution. Recommendation: Adopt Resolution. Attachments: 1 —Resolution No. 2009-356. 2 1 RESOLUTION NO. C © P� 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AMENDING 3 SOLUTION NO. 2009-356 AUTHORIZING EXECUTION OF A COOPERATIVE GREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF 4 IGHLAND FOR REHABILITATION OF PACIFIC STREET, FROM PERRIS HILL 5 ARK ROAD TO VICTORIA AVENUE (SS08-28). 6 WHEREAS, on November 16, 2009, the Mayor and Common Council adopted 7 esolution No. 2009-356 authorizing the execution of a Cooperative Agreement with the County 8 f San Bernardino and the City of Highland for Rehabilitation of Pacific Street from Perris Hill 9 ark Road to Victoria Avenue (SS08-28). 10 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 11 AN BERNARDINO AS FOLLOWS: 12 SECTION 1: Section 2 of Resolution No. 2009-356 is hereby amended to read as 13 follows: "The authorization to execute the above-referenced agreement is rescinded if the parties 14 to the agreement fail to execute it within three-hundred-sixty-five (365) days of the passage of 15 16 Resolution No. 2009-356". 17 /// 18 19 20 21 22 23 24 25 26aZ� 27 28 11 1 I 1 SOLUTION ... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT 2 ITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR HABILITATION OF PACIFIC STREET, FROM PERRIS HILL PARK ROAD TO 3 VICTORIA AVENUE (SS08-28). 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 5 ommon Council of the City of San Bernardino at a meeting thereof, held on the 6 day of , 2010, by the following vote,to wit: 7 ouncil Members: AYES NAYS ABSTAIN ABSENT 8 9 ARQUEZ 10 ESJARDINS 11 RINKER 12 SHORETT 13 KELLEY _ C 14 JOHNSON 15 16 MC CAMMACK - 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of 2010. 20 21 Patrick J. Moms, Mayor 22 City of San Bernardino 23 Approved as to form: 24 JAMES F. PENMAN, City ttorney 25 26 l 27 2s - z - I RESOLUTION NO. 2009-356 2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING 3 EXECUTION OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR REHABILITATION OF 4 PACIFIC STREET, FROM PERRIS HILL PARK ROAD TO VICTORIA AVENUE 5 (SS08-28). BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF 6 SAN BERNARDINO AS FOLLOWS: 7 8 SECTION 1. The City Manager of the City of San Bernardino is hereby authorized and 9 directed to execute on behalf of said City, a Cooperative Agreement between the County of San 10 Bernardino, the City of Highland and the City of San Bernardino for rehabilitation of Pacific 11 Street, from Perris Hill Park Road to Victoria Avenue (SS08-28) as shown in said Agreement. A 12 copy of said Cooperative Agreement is attached as Attachment "A"and made a part hereof 13 SECTION 2. The authorization to execute the above-referenced agreement is rescinded 14 15 if the parties to the agreement fail to execute it within ninety (90) days of the passage of this resolution. 16 17 18 19 20 21 22 23 4 24 25 26 27 28 - 1 - 2009-356 1 RESOLUTION ... AUTHORIZING EXECUTION OF A COOPERATIVE AGREEMENT WITH THE COUNTY OF SAN BERNARDINO AND THE CITY OF HIGHLAND FOR 2 REHABILITATION OF PACIFIC STREET, FROM PERRIS HILL PARK ROAD TO 3 VICTORIA AVENUE (SS08-28). 4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and joint 5 Common Council of the City of San Bernardino at a reeular meeting thereof, held on the 6 16th day f November Y . 2009, by the following vote, to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 ESTRADA x 9 — 10 BAXTER x I1 BRINKER x 12 SHORETT x 13 KELLEY x Q14 JOHNSON x 15 MC CAMMACK x 16 17 Ct4-4- h 18 City Clerk Te. 19 The foregoing resolution is hereby approved this��_day of November 2009. 20 21 tric J. Moms, 22 Ci f San Bernardino Approved as to form: 23 JAMES F. PENMAN, 24 City AttorneX 25 26 By: 27 28 - 2 - ATTACHMENT "A" FOR COUNTY USE ONLY ® New Vendor Coda Deft. Contract Number Change o Cancel SC TRA A 'COONt County Department Dept. Orgn, Contractors License No SAN 8E Ri4RDIN Public Works –Trans ortation TRA TRA County Department Contract Representative Telephone Total Contract Amount Brendon Biggs 909387-8166 $830,045 ""'�• Contract Type ❑ Revenue ® Encumbered ❑ Unencumbered ❑ Other: If not encumbered or revenue contract type, provide reason: rer Commodity Code Contract Start Date Contract End Date Original Amount This Amendment COUNTY OF SAN BERNARDINO Fund Dept. Organization Appr. ObyRev Source GRC/PROJ/JOB No. Ong.Amount SAA TRA TRA 200 2445 14HAO224 830 045 FAS Fund Dept. Organization Appr. Obj/Rev Source GRC/PROJ/JOB No. Ong.Amount STANDARD CONTRACT Fund Dept. Organization Appr. Obj/Rev Source GRC/PROD/JOB No. Ong.Amount Project Name Estimated Payment Total by Fiscal Year Pacific Street FY Amount uD FY Amount uD Improvements 09/10 $830.045 1 Contract Type - Special — — (Risk Management Approved) — THIS CONTRACT is entered into in the State of California by and between the County of San Bernardino, hereinafter called the COUNTY, and Name Address CITY OF HIGHLAND herelnafterw0ed: HIGHLAND 27215 BASE LINE STREET HIGHLAND CA 92346 Telephone(909) 864-6861 Federal ID No.or Social Secur4y No and Name Address CITY OF SAN BERNARDINO hereinaftercalao: SAN BERNARDINO 300 NORTH D STREET SAN BERNARDINO CA 92418 Telephone(909) 384-5179 Federal 10 No.or Social Secunry No. IT IS HEREBY AGREED AS FOLLOWS: WITNESSETH WHEREAS, the COUNTY OF SAN BERNARDINO (COUNTY), the CITY OF HIGHLAND (HIGHLAND), and the CITY OF SAN BERNARDINO (SAN BERNARDINO) desire to cooperate and jointly participate in a project to rehabilitate Pacific Street, from Perris Hill Park Road to Victoria Avenue (hereinafter referred to as PROJECT); and .i O Contncl Dahbasa ❑FAS In Date Keyed By Page 1 of 8 WHEREAS, the PROJECT scope of work is defined in the proposal submitted by Engineering Resources of Southern California, Inc. to the City of Highland, as set forth in Exhibit "C", attached hereto and incorporated herein by reference; and WHEREAS, for the purposes of PROJECT construction, the PROJECT is partially (34%) within the unincorporated area of the COUNTY and partially (23.3°/x) within the incorporated area of HIGHLAND, and partially (42.7%) within the incorporated area of SAN BERNARDINO, and will be of mutual benefit to the COUNTY, HIGHLAND, and SAN BERNARDINO; and WHEREAS, the PROJECT development costs, which include design and environmental processing, will be shared proportionately by the parties, based upon the PROJECT jurisdictional area percentages identified in Exhibit "A", and the PROJECT construction costs shall be paid by the parties, based on where the work occurs (therefore, for PROJECT construction costs, each party is only required to pay for construction work that occurs within its jurisdiction); and WHEREAS, the total PROJECT cost, which includes PROJECT development and construction costs, is estimated to be $2,467,230. The COUNTY's share of PROJECT cost is estimated at $830,045 and HIGHLAND's share of PROJECT cost is estimated at $581,397 and SAN BERNARDINO's share of PROJECT cost is estimated at $1,055,788 , as more particularly set forth in Exhibit "A", attached hereto and incorporated herein by reference; and WHEREAS, it is anticipated that the funding for the construction phase of the PROJECT will be from anticipated COUNTY Proposition 42 funds, HIGHLAND Proposition 1B and local funds, and SAN BERNARDINO Proposition 18 and Proposition 42 funds; and WHEREAS, COUNTY, HIGHLAND and SAN BERNARDINO desire to set forth responsibilities and obligations of each as they pertain to the design, construction, and funding of the proposed PROJECT. NOW, THEREFORE, IT IS MUTUALLY AGREED as follows: 1.0 HIGHLAND AGREES TO: 1.1 Act as the Lead Agency in the design and construction of the PROJECT. 1.2 Provide plans, specifications, construction engineering, and an itemized cost estimate for the PROJECT for COUNTY and SAN BERNARDINO's prior review and approval. The itemized PROJECT cost estimates shall be listed for each Agency. 1.3 Construct the PROJECT by contract in accordance with the plans and specifications of HIGHLAND, which have been reviewed and approved by COUNTY and SAN BERNARDINO, and the Caltrans Design Manual, 20 year design life (COUNTY) and 15-year design life (HIGHLAND and SAN BERNARDINO), to the satisfaction of and subject to concurrence of the COUNTY and SAN BERNARDINO. 1.4 Construction by HIGHLAND of improvements referred to herein which lie within COUNTY and SAN BERNARDINO rights-of-way or affect COUNTY and SAN BERNARDINO facilities, shall not be commenced until HIGHLAND's original contract plans involving such work and plan for utility relocation have been reviewed and approved in writing by COUNTY and SAN BERNARDINO personnel and until such an encroachment permit to HIGHLAND authorizing such work has been issued by the COUNTY and SAN BERNARDINO. 1.5 Arrange for relocation of all utilities which interfere with construction of the PROJECT within the entire PROJECT limits. 1.6 Obtain a no-cost permit from COUNTY and / or SAN BERNARDINO for work within the COUNTY and/or SAN BERNARDINO's right-of-way. 1.7 Advertise, award, administer, and initially fund the construction of the PROJECT, in accordance with the Califomia Public Contract Code applicable to counties and require, as well as enforce, HIGHLAND's contractors to comply with all applicable laws and regulations, including Labor Code sections 1720 et seq. and 1770 et seq. that concern the payment of prevailing wages. HIGHLAND shall indemnify, defend (with counsel reasonably approved by COUNTY and SAN BERNARDINO), Coop Agreement—PacRc Street HA0224 Page 2 of 8 and hold harmless COUNTY and SAN BERNARDINO and their officers, employees, volunteers, and agents from any and all claims, actions, losses, damages, and/or liability arising out of HIGHLAND's obligations set forth in the paragraph. 1.8 HIGHLAND shall require all contractors and vendors working on the PROJECT to have appropriate and adequate insurance coverage for the mutual protection and benefit of the parties. 1.9 Provide adequate inspection of all items of work performed under the construction contract(s) with HIGHLAND's contractors or subcontractors for the PROJECT and maintain adequate records of inspection and materials testing for review by COUNTY and SAN BERNARDINO. HIGHLAND shall provide copies of any records of inspection and materials testing to COUNTY and SAN BERNARDINO within ten (10) days of HIGHLAND's receipt of written demand from COUNTY and/or SAN BERNARDINO for such records. This shall be included as a PROJECT cost. 1.10 Pay its share of PROJECT costs. The PROJECT costs shall include the cost of PROJECT design, construction and construction engineering. HIGHLAND's share of the PROJECT costs is estimated at $581,397. HIGHLAND shall be responsible for the sum of $581,397, plus its proportionate share of any PROJECT cost increases pursuant to paragraph 4.7 below. For purposes of this paragraph and paragraphs 2.1 and 3.1, PROJECT costs shall be shared as follows: PROJECT development costs, which include design and environmental processing cost, will be shared proportionately by the parties based upon the PROJECT jurisdictional area percentages identified in Exhibit "A", and the PROJECT construction costs shall be paid by the parties, based on where the actual work occurs (therefore, for PROJECT construction costs, each party is only required to pay for construction work that occurs within its jurisdiction). 1.11 Submit to the COUNTY and SAN BERNARDINO an itemized accounting of actual PROJECT costs incurred by HIGHLAND to date and which have not already been paid by the COUNTY and SAN BERNARDINO, and a statement for COUNTY and SAN BERNARDINO's proportionate share of the PROJECT costs as provided herein. Costs shall be amended following COUNTY, HIGHLAND and SAN BERNARDINO acceptance of the final construction cost accounting. 1.12 Include compliance with any applicable requirements of the California Environmental Quality Act (CEQA), California Public Resources Code section 21000 et. seq, as well as completing the required CEQA documentation. 1.13 HIGHLAND shall accept all payments from COUNTY via electronic funds transfer (EFT) directly deposited into the HIGHLAND's designated checking or other banking account. HIGHLAND shall promptly comply with directions and accurately complete forms provided by COUNTY required to process EFT payments. 1.14 Operate and maintain those portions of the PROJECT within the incorporated area of HIGHLAND, in accordance with HIGHLAND's regulations, policies and procedures after COUNTY's, SAN BERNARDINO's and HIGHLAND's acceptance of the construction contract work. 2.0 SAN BERNARDINO AGREES TO 2.1 Pay its share of the PROJECT costs to HIGHLAND. The PROJECT costs shall include the cost of PROJECT design, construction and construction engineering. SAN BERNARDINO's share of the PROJECT costs is estimated at$1,055,788. 2.2 Reimburse HIGHLAND for SAN BERNARDINO's share of PROJECT costs, including SAN BERNARDINO's proportionate share of any PROJECT increases pursuant to paragraph 4.7 below, within thirty (30) days after receipt of an itemized statement, as set forth in paragraph 1.11 of this Agreement, setting forth all actual PROJECT costs incurred by HIGHLAND to date and which have not already been paid by SAN BERNARDINO or COUNTY, together with adequate documentation of said expenditures. 2.3 Pay for that portion of the COUNTY's PROJECT costs related to PROJECT area that was located in the unincorporated region of COUNTY on the effective date of this Agreement, but later annexed to SAN BERNARDINO during the term of this Agreement. 2.4 Provide a no-cost permit to HIGHLAND for its work within SAN BERNARDINO's right-of-way. 2.5 Operate and maintain those portions of the PROJECT within the incorporated area of SAN BERNARDINO, in accordance with SAN BERNARDINO's regulations, policies and procedures after HIGHLAND's, SAN BERNARDINO's and COUNTY's acceptance of the construction contract work. Coop Agreement-Pacific street HA0224 Page 3 of 8 3.0 COUNTY AGREES TO 3.1 Pay its share of the PROJECT costs to HIGHLAND, except as noted in paragraph 2.3. The PROJECT costs shall include the cost of PROJECT design, construction and construction engineering. COUNTY's share of the PROJECT costs is estimated at$830,045. 3.2 Reimburse HIGHLAND for COUNTY's share of PROJECT costs, including COUNTY's proportionate share of any PROJECT increases pursuant to paragraph 4.7 below, within thirty(30) days after receipt of an itemized statement, as set forth in paragraph 1.11 of this Agreement, setting forth all actual PROJECT costs incurred by HIGHLAND to date and which have not already been paid by COUNTY or SAN BERNARDINO, together with adequate documentation of said expenditures. 3.3 Provide a no-cost permit to HIGHLAND for its work with COUNTY's right-of-way. 3.4 Operate and maintain those portions of the PROJECT within the unincorporated area of the COUNTY, in accordance with COUNTY regulations, policies and procedures after HIGHLAND's, SAN BERNARDINO's and COUNTY's acceptance of the construction contract work. 4.0 IT IS MUTUALLY AGREED: 4.1 COUNTY agrees to indemnify, defend (with counsel approved by HIGHLAND and/or SAN BERNARDINO) and hold harmless HIGHLAND and SAN BERNARDINO, their officers, agents, volunteers from any and all claims, actions or losses, damages, and/or liability resulting from the COUNTY's negligent acts or omissions which arise from COUNTY's performance of its obligations under the Agreement. 4.2 HIGHLAND agrees to indemnify, defend (with counsel approved by COUNTY and/or SAN BERNARDINO) and hold harmless COUNTY and SAN BERNARDINO, their officers, agents, volunteers from any and all claims, actions or losses, damages, and/or liability resulting from HIGHLAND's negligent acts or omissions which arise from HIGHLAND's performance of its obligations under the Agreement. 4.3 SAN BERNARDINO agrees to indemnify, defend (with counsel approved by COUNTY and/or HIGHLAND) and hold harmless COUNTY and HIGHLAND, their officers, agents, volunteers from any and all claims, actions or losses, damages, and/or liability resulting from SAN BERNARDINO's negligent acts or omissions which arise from SAN BERNARDINO's performance of its obligations under the Agreement. 4.4 In the event the COUNTY and/or HIGHLAND and/or SAN BERNARDINO is found to be comparatively at fault for any claim, action, loss or damage which results from their respective obligations under the Agreement, COUNTY and/or HIGHLAND and/or SAN BERNARDINO shall indemnify the other to the extent of its comparative fault. This shall have no application to any pending suit that may exist at the time of the execution of this Agreement. Furthermore, if the COUNTY or HIGHLAND or SAN BERNARDINO attempts to seek recovery from the other for Workers' Compensation benefits paid to an employee, the COUNTY or HIGHLAND or SAN BERNARDINO agree that any alleged negligence of the employee shall not be construed against the employer of that employee. 4.5 In the event of litigation arising from this Agreement, each Party to the Agreement shall bear its own costs, including attorneys' fees. This paragraph does not apply to costs or attorneys' fees relative to paragraphs 4.1, 4.2, 4.3 and 4.4 relating to indemnification. 4.6 The COUNTY, HIGHLAND and SAN BERNARDINO are wholly or partially self-insured public entities for purposes of Professional Liability, Automobile Liability, General Liability, and Workers' Compensation and warrant that through their programs of self-insurance, they have adequate coverage or resources to protect against liabilities arising out of COUNTY, HIGHLAND and SAN BERNARDINO's performance of this Agreement. 4.7 The Parties acknowledge that final PROJECT costs may ultimately exceed current estimates of PROJECT costs. Any additional PROJECT costs resulting from increased bid prices, change orders, or arising from unforeseen site conditions, including Utility relocation (but not from requested additional work by HIGHLAND, SAN BERNARDINO or COUNTY, which is addressed in paragraph 4.8 below) over the estimated total of PROJECT cost of $2,467,230 (which is the sum of $830,045 from COUNTY, $581,397 from HIGHLAND, and $1,055,788 from SAN Coop Agreement—Pacific Street HA0224 Page 4 of 8 BERNARDINO), shall be borne by each Party in proportion to where the work actually lies (based on jurisdiction), as part of the Parties' respective obligations to pay the cost for the PROJECT. 4.8 If COUNTY, HIGHLAND or SAN BERNARDINO requests additional work that is beyond the scope of the original PROJECT, said work will be paid solely by the agency requesting the work at the construction contract unit costs. 4.9 HIGHLAND shall notify SAN BERNARDINO and COUNTY of the bids received and the amounts thereof. Within ten (10) days thereafter, COUNTY, HIGHLAND and SAN BERNARDINO shall determine the cost of the PROJECT. In the event that either Party intends to cancel this Agreement based upon the bids or amount thereof, said Party shall notify the other Parties prior to the awarding of a contract so as to avoid detrimental reliance by any potential contractor. 4.10 If, upon opening of bids, it is found that a cost overrun exceeding 25% of the estimated PROJECT costs will occur, HIGHLAND shall not award any contracts for the PROJECT. Rather the COUNTY, HIGHLAND and SAN BERNARDINO shall endeavor to agree upon an alternative course of action, including re-bidding of the PROJECT. If, after thirty (30) days, an alternative course of action is not mutually agreed upon in writing, this Agreement shall be deemed to be terminated by mutual consent. 4.11 The COUNTY, HIGHLAND and SAN BERNARDINO shall provide a qualified representative, who shall have the authority to discuss and resolve issues concerning the PROJECT. Said representative must be able to resolve issues in a timely manner. In the event that change orders are required during the course of the PROJECT, said change orders must be in form and substance as set forth in attached Exhibit "B" of this Agreement and approved by all Parties. Contract Change Order forms will be delivered by fax and must be returned within two (2) working days. 4.12 COUNTY, HIGHLAND and SAN BERNARDINO shall comply with the following provisions related to the American Recovery and Reinvestment Act of 2009: Use of ARRA Funds and Requirements - This Contract may be funded in whole or in part with funds provided by the American Recovery and Reinvestment Act of 2009 ("ARRA"), signed into law on February 17, 2009. Section 1605 of ARRA prohibits the use of recovery to funds for a project for the construction, alteration, maintenance or repair of a public building or public work (both as defined in 2 CFR 176.140) unless all of the iron, steel and manufactured goods (as defined in 2 CFR 176.140) used in the project are produced in the United States. A waiver is available under three limited circumstances: (i) Iron, steel or relevant manufactured goods are not produced in the United States in sufficient and reasonable quantities and of a satisfactory quality; (ii) Inclusion of iron, steel or manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent; or (iii) Applying the domestic preference would be inconsistent with the public interest. This is referred to as the "Buy American" requirement. Request for a waiver must be made to the County for an appropriate determination. Section 1606 of ARRA requires that laborers and mechanics employed by contractors and subcontractors on projects funded directly by or assisted in whole or in part by and through the Federal Government pursuant to ARRA shall be paid wages at rates not less than those prevailing on projects of a character similar in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act (40 U.S.C. 31). This is referred to as the "Wage rate"requirement. The above described provisions constitute notice under ARRA of the Buy American and wage rate requirements. Contractor must contact the County contact if it has any questions regarding the applicability or implementation of the ARRA Buy American and wage rate requirements. Contractor will also be required to provide detailed information regarding compliance with the Buy American requirements, expenditure of funds and wages paid to employees so that the County may fulfill any reporting requirements it has under ARRA. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. Coop Agreement—Pacfic Street HA0224 Page 5 of 8 a Contractor may also be required to register in the Central Contractor Registration (CCR) database at httix1/www.ccr go v and may be required to have its subcontractors also register in the same database. Contractor must contact the County with any questions regarding registration requirements. Schedule of Expenditure of Federal Awards - In addition to the requirements described in "Use of ARRA Funds and Requirements," proper accounting and reporting of ARRA expenditures in single audits is required. Contractor agrees to separately identify the expenditures for each grant award funded under ARRA on the Schedule of Expenditures of Federal Awards (SEFA) and the Data Collection Form (SF-SAC) required by the Office of Management and Budget Circular A-133, "Audits of States, Local Governments, and Nonprofit Organizations." This identification on the SEFA and SF-SAC shall include the Federal award number, the Catalog of Federal Domestic Assistance (CFDA) number, and amount such that separate accountability and disclosure is provided for ARRA funds by Federal award number consistent with the recipient reports required by ARRA Section 1512 (c). In addition, Contractor agrees to separately identify to each subcontractor and document at the time of sub-contract and at the time of disbursement of funds, the Federal award number, any special CFDA number assigned for ARRA purposes, and amount of ARRA funds. Contractor may be required to provide detailed information regarding expenditures so that the County may fulfill any reporting requirements under ARRA described in this section. The information may be required as frequently as monthly or quarterly. Contractor agrees to fully cooperate in providing information or documents as requested by the County pursuant to this provision. Failure to do so will be deemed a default and may result in the withholding of payments and termination of this Contract. 4.13 This Agreement may be cancelled upon thirty (30) days written notice of any Party, provided however, none of the Parties may cancel this Agreement after HIGHLAND awards a contract to ® construct the PROJECT. In the event of cancellation as provided herein, all PROJECT costs required to be paid by the Parties prior to the effective date of cancellation shall be paid by the Parties based on actual work performed within each Party's jurisdiction. 4.14 Except with respect to the Parties' operation, maintenance and indemnification obligations contained herein, this Agreement shall terminate upon completion of the PROJECT and payment of final billing by the SAN BERNARDINO and COUNTY for their share of the PROJECT. 4.15 This Agreement contains the entire agreement of the Parties with respect to subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by all Parties. 4.16 This Agreement shall be governed by the laws of the State of California. Any action or proceeding between the COUNTY, SAN BERNARDINO and HIGHLAND concerning the interpretation or enforcement of this Agreement, or which arises out of or is in any way connected with this Agreement or the PROJECT, shall be instituted and tried in the appropriate state court in the County of San Bernardino, California. 4.17 Time is of the essence for each and every provision of this Agreement. 4.18 Since the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for any or against any Party. Any term referencing time, days or period for performance shall be deemed work days. The captions of the various articles and paragraphs are for convenience and ease or reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 4.19 No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 4.20 If a court of competent jurisdiction declares any portion of this Agreement invalid, illegal, or otherwise unenforceable, the remaining provisions shall continue in full force and effect, unless the purpose of this Agreement is frustrated. Coop Agreement—Pacific Street HAO224 Page 6 of 8 4.21 This Agreement may be signed in counterparts, each of which shall constitute an original. 4.22 This Agreement will be effective on the date it is signed by all parties. HIS AGREEMENT shall inure to the benefit of and be binding upon the successors and assigns of all Parties. Coop AgmwraM—Awift Sk" lIUM Pwe 7`011`10 >:. /ITNESS WHEREOF, the Parties to these presents have hereunto set their hands. COUNTY OF SAN BERNARDINO CITY OF HIGHLAND (Pnot ortype name or corporation,company,contractor, etc.) ► By 11.Gary C. Ovitt, Chairman, Board of Supervisors Penny Lllbum, Mayor-(sign in blue ink) Dated: Name SIGNED AND CERTIFIED THAT A COPY OF THIS (Print or type name or person signing contract) DOCUMENT HAS BEEN DELIVERED TO THE Title CHAIRMAN OF THE BOARD (Print or Type) Laura H. Welch Clerk of the Board of Supervisors Dated: of the County of San Bernardino. By Address Deputy 9M OF SAN BERNARDINO ® (Print or type name or corporation,company,contractor,etc.) By ► (Authorized signature-sign in blue ink) Name ' E McNeely (Pont or type name or person signing contract) Title City Manager Dated: Address 300 N. "D"Street San Bernardino CA 92418 Approved as to form: James F. Penman, City of San Bernardino City Attorney Approved as to Legal Form Reviewetl by Contract Compliance Presented to BOS for Signature County Counsel Department Head Date Date I Coop Agreement-Pack Street HAO224 Page 8 of 8 EXHIBIT A ESTIMATE OF PROJECT COSTS FOR COUNTY OF SAN BERNARDINO/CITY OF HIGHLAND/CITY OF SAN BERNARDINO FOR PACIFIC STREET IN THE HIGHLAND AND SAN BERNARDINO AREAS DESCRIPTION PHASE OF TOTAL COUNTY OF %OF CITY OF SAN % CITY OF t WORK COST OF SAN PROJECT BERNARDINO PROJECT HIGHLAND PROJECT BERNARDINO COUNTY SAN SHARE BERNARIONO PAVEMENT DESIGN 1183,730 $16,421 22% $38,616 46X 1128,783 REHABILITATION CONSTRUCTION $2,274,900 $774,700 34X $870,900 127% f529,100 PACIFIC STREET FROM PERRIS HILL PARK RD TO CONSTRUCTION $108,600 $16,924 34X 1148.372 d2.7% 26,304 VICTORIA ENGINEERING . AVENUE TOTAL $2,487,230 11830,046 33.6% 111,055,788 424% 11881,3117 23.6% PROJECT costs may be increased or decreased b2(^'on accepted contractors bid. svr.,. EXHIBIT B CONTRACT CHANGE ORDER REVIEW/APPROVAL PROJECT: PACIFIC STREET COUNTY OF SAN BERNARDINO CONTRACT# File: HA0224 Proposed Contract Change Order No. has been reviewed in accordance with the existing agreements with the City of Highland, City of San Bernardino and County of San Bernardino for the above project and the following shall apply: DATE OF COUNTY OF SAN BERNARDINO ACTION: ❑APPROVED for Implementation with 100% Participation by COUNTY OF SAN BERNARDINO ❑APPROVED Subject to Comments/Revisions Accompanying This Document ❑APPROVED With Limited Funding Participation by COUNTY OF SAN BERNARDINO ❑ % of Actual Cost to be funded by COUNTY OF SAN BERNARDINO ❑ COUNTY OF SAN BERNARDINO Participation Not to Exceed $ ❑ DISAPPROVED-Not Acceptable to COUNTY OF SAN BERNARDINO DATE OF CITY OF SAN BERNARDINO ACTION: ❑ APPROVED for Implementation with 100% Participation by CITY OF SAN BERNARDINO ❑ APPROVED Subject to Comments/Revisions Accompanying This Document ❑ APPROVED With Limited Funding Participation by CITY OF SAN BERNARDINO ❑ % of Actual Cost to be funded by CITY OF SAN BERNARDINO ❑ CITY OF SAN BERNARDINO Participation Not to Exceed $ ❑ DISAPPROVED -Not Acceptable to CITY OF SAN BERNARDINO Note: Approval under any of the above conditions shall in no case be construed as agreement to increase the total financial participation beyond that prescribed in the existing CITY OF HIGHLAND, COUNTY OF SAN BERNARDINO and CITY OF SAN BERNARDINO agreement without separate amendment to said agreements. Net increases in costs deriving from this and previously approved Contract Change Orders shall not cause the total construction costs to exceed the sum of the authorized contract total and contingency amounts. Comments, as follows and/or attached, are conditions of the above action? ❑ YES ❑ NO SIGNED: TITI E: Dia. .,lion: Sgned Original Returned to Resident Engineer(FAX#909-862-3180) Signed Original for CITY OF SAN BERNARDINO AND COUNTY OF SAN BERNARDINO File Signed Original for CITY OF HIGHLAND File EXHIBIT C Engineering Resources of Southern California, Inc. Proposal (see attachment) 4- NGINEERING EXHIBIT "c" ESOURCES OF EOF MFIM CADFCINI14 INC. 03017159 December 9, 2008 Dennis Barton,Assistant Public Works Director City of Highland 27215 Base Line Highland,CA 92346 SUBJECT: PACIFIC STREET PAVEMENT REHABILITATION, PROJECT NO. ola09001 - REVISED FINAL PROPOSAL Dear Dennis: In response to the City's request,Engineering Resources ojSouthern California, Inc., © (ERSQ hereby submits our revised and final proposal for engineering services concerning the City's proposed Pacific Street Pavement Rehabilitation Project. Project being undertaken by the City involves pavement rehabilitation anticipated to include pulverization, AC removal and replacement, cold planing and inlay, cold planing at pavement edges, and overlay for Pacific Street from Church Avenue in the City of Highland to Perris Hill Park Road in the City of San Bernardino, a distance of approximately 18,500 linear feet or 3.5 miles. Handicap ramps will be constructed where needed at existing sidewalks and badly cracked curb and gutter replaced. The street crosses two additional jurisdictional boundaries, that of the County of San Bernardino and the City of San Bernardino. The City of Highland has been designated and will act as the lead for the project, however. I Pacific Street is bounded by standard curb and gutter from Perris Hill Park Road to Orange Street in the City of Highland. From Orange to Church Avenue, the street is largely without standard curb and gutter, edged with high or low curb or AC berm, only, or neither. Preliminary budget estimate for the entire project is$1,756,000 including contingencies. Funding for the work will be provided by the City as well as the County of San Bernardino and City of San Bernardino for the portion of work within their respective jurisdictions. Deflection measurements, coring and lab analyses, and resulting pavement rehabilitation recommendations have been received from the County. 1820 COMMnCFNTH(Ani Sex Mown,CA 92408-3430 (909)890-1255 (909)890-0995FAr i 03017159 Dennis Barton,Assistant Public Works Director December 9, 2008 Page 2 Area of Pacific Street within County jurisdiction extends from Perris Hill Park Road to Sterling Avenue, but for the most part only to one-half the street. It has been indicated that the County desires to pulverize the AC pavement and,either use as base and pave over with hot mix asphalt(HMA), or to pave upon native material with HMA and overlay with rubberized HMA (RHMA). The County's Pavement Management Section has proposed alternative construction methods and sections for the portion within their control. Pulverization and construction per the County's proposed methods will,therefore, be considered as an alternative method for the entire portion. It is assumed that in areas pulverized, new pavement is to be constructed to a cross slope of 1.5 to 2.0 percent. Existing cross slope is unknown, but likely varies from the desired section and, in any case, upon pulverization and stockpiling of AC and excavation and removal of native material, the cross slope will be disturbed. However, the subgrade can with relative ease then be regraded to the desired cross section with the Contractor or the City responsible to set control. Thus for design, it is assumed that no cross sectioning survey will be required as the desired paved section in areas to be pulverized can be achieved as described above. SCOPE OF SERVICES Engineering services will be undertaken by a team led by ERSC for conduct of field investigation and measurements followed by preparation of documents required for bidding and construction, that is, plans,specifications, and estimates. Services proposed to be completed, then, are as follows. 1. Conduct scoping and planning meetings with the three agencies at the preliminary design stage to review preliminary findings, and observations, proposed approach and to receive guidance regarding rehabilitation strategies and criteria. 2. Notify utility companies and seek,review, and utilize utility records submitted to ERSC as a result of ERSC's notification. Procure record street improvement plans from all three agencies. 3. Compile assessors maps for the route and input street address numbers on each lot for use by pavement inspector(s) in locating and defining specific rehabilitation needs. Addresses are also useful in identifying exact location for remarking at time of construction. 03017159 Dennis Barton, Assistant Public Works Director December 9, 2008 Page 3 4. Prepare base plan sheets for Pacific Street, t four sheets anticipated at a scale of 1" =60' or perhaps I" =40'for areas without curb and gutter. County GIMS digital file,record street improvement plans, and aerial photo obtained from the City of San Bernardino Municipal Water Department will be used in preparation of the base sheets with accuracy limited to the information shown on those sheets. Availability and use of the City's aerial photo has the advantage of showing existing pavement limits, curb and gutter, and striping. To the base sheets will be added parcel addresses and right-of-way lines,as well as valve covers and visible utility features. 5. Retain and utilize a subconsultant, CAL-WEST Consultants,to 1)field review and determine pavement conditions, and 2)mark areas for asphaltic concrete removal and replacement,and indicate on ERSC-prepared assessors maps or base sheets,the AC R&R locations and measurements which will be referenced by street address. CAL-WEST staff will measure length and width of the street at various locations which will provide the basis for street pavement area calculations. CAL-WEST will also identify and recommend methods to resolve high quarter crown and/or low centerline crown areas. Identification to be accomplished by field observation supplemented with limited cross-section survey. It is anticipated that corrective measures may include cold milling, additional AC pavement thickness or a combination of measures. 1 CAL-WEST will also obtain asphaltic concrete cores,conduct lab analyses, and recommend structural section for R&R areas. 6. CAL-WEST Consultants will also evaluate a minimum of two alternative pavement rehabilitation techniques,e.g, conventional and rubberized asphaltic concrete, and make recommendations for the work and submit and summarize in a letter report. Analysis by CAL-WEST will include comparative cost estimates for each alternate. CAL-WEST will utilize deflection test results completed by the City and sampling, lab analyses, and preliminary recommendations by the County for the portion from Perris Hill Park Road to Sterling Avenue in deriving and evaluating alternative rehabilitation techniques. 03017159 Dennis Barton, Assistant Public Works Director December 9, 2008 Page 4 It is our understanding that each Agency will provide the traffic index for their portion of the pavement rehabilitation. Pavement design is to be for a 10-year or 20-year design life. 7. ERSC staff will inspect and determine prospective locations at which handicap ramps (HCR) are needed in existing sidewalks, limited to locations where none exist, that is, no upgrade of existing substandard. Candidate sites will be submitted for final decision. Sketches will be prepared of field conditions from which detail plans will be prepared on 8%z" x 11" sheets for each site, four preliminarily identified,two in the City of Highland, southeast comers of Cole Avenue and Palm Avenue, and two in the City of San Bernardino, southwest comers of Central Avenue and Valaria Drive. Standard to be used will be as identified by the controlling jurisdiction. 8. It appears that right-of-way acquisition will likely be required for the two HCRs in Highland. Right-of-way plats and legal descriptions will be prepared for the right-of-way acquisition at the two locations in Highland for use by the City in acquisition. Legal descriptions will be prepared without the use of title reports as is Highland's practice. 9. It is noted that at the Central Avenue HCR site in the City of San Bernardino, there is an underwalk drain which will need to be rerouted. Field survey will be conducted to gather needed information, if required. 10. ERSC field inspector will, as needed, also locate or verify utility valve covers, manhole covers, vaults,striping and marking,and signal detector loops. Inspector and/or engineer will identify and measure failed curb and gutter for replacement. During this field inspection, gutter-to-gutter width will be spot- checked to verify record plan information. 11. ERSC staff will utilize the alternative rehabilitation methods/recommendations suggested by CAL-WEST and the comparative costs presented to develop preliminary construction cost estimates for the alternatives segregated by jurisdiction, which will be compared to budget amount for each agency. Findings will be submitted in a letter report to the agencies and a meeting convened to review and finalize rehabilitation techniques to be used for final design documents. 12. With information obtained from the CAL-WEST field inspection, their letter report of findings and recommendations, input and guidance from the three 03017159 Dennis Barton,Assistant Public Works Director December 9, 2008 Page 5 agencies, and ERSC field inspections,ERSC staff will then prepare final plan sheets, multiple plan strips per sheet, at a scale of 1" =60', or larger in some areas. On the plan sheets will be shown areas of AC pulverization, AC removal and replacement as identified by CAL-WEST,cold plane, cold plane and inlay, and overlay by type, curb and gutter replacement, valve and manhole covers, vaults,raised pavement markers,marking and striping replacements, and detector loop replacements required. Area in square feet of AC removal and replacement, and cold plane and inlay, will be identified at each location on the plan sheet. Areas and methods to address and resolve high quarter crown and/or low centerline crown areas will be identified and quantified, if possible, on the plans. 13. Prepare cover sheet and general sheet to include street location map, jurisdictional boundaries, general construction notes, legend, and sheet index. 14. Prepare quantity and cost estimates for the various pavement and street rehabilitation improvement treatments,segregated byjurisdiction,that is the City of Highland, City of San Bernardino, and County of San Bernardino. Quantities and cost estimates will be checked for accuracy and provided to each agency for review. 15. Prepare specification document which will include General Conditions, contract documents,Special Provisions, insurance requirements of the City and County of San Bernardino, as well as detailed bid schedule in a format previously used for similar projects in the City. 16. Submit second and final notices to utility companies to inform them of the locations of the work and schedules, and incorporate any utility requirements into the bid documents. Utility companies will be alerted of the need to identify buried facilities with shallow cover in areas of AC R&R and where pulverization is proposed. 17. Conduct project management throughout the design and the document preparation process which will include coordination with the City of Highland. Coordination will also include review and/or presentation meetings to the City of San Bernardino and County of San Bernardino representatives as scheduled and arranged by the City of Highland. 03017159 Dennis Barton,Assistant Public Works Director December 9, 2008 Page 6 18. Conduct bid period assistance which will consist of reproduction of 25 copies of plans and specifications,placement of advertisement in trade journals, responding to questions during the bid period,preparation of addenda as required, attendance at bid opening, and bid review and tabulation. PROPOSED FEES ERSC will complete the services described in Task Nos. 1 through 18 to result in completion of contract documents suitable for approval, bidding,and construction of the pavement rehabilitation project for Pacific Street for a not-to-exceed fee of$83,730. Included in this fee are amounts for geotechnical,and limited field survey services. Included within this total is an amount of$2,764 allocated to survey and design for HCR's within the City of San Bernardino. Reimbursement for ERSC's services will be in accordance with the current hourly rate schedule. Spreadsheet detailing the breakdown and composition of our estimate and tasks for proposed work accompanies this letter as well as a copy of the proposal from CAL-WEST Consultants. Fee for survey is an estimate by ERSC. The firm of Precision Surveyors will be used if required. PROJECTSCHEDULE Preliminary schedule accompanies, with approximately six months shown to be required for conduct of the project from date of authorization to readiness for bid, including time for meetings and review of submittals to receive input of the several agencies involved. This completion projection will allow bidding in mid-2009 as desired by the City. Should there be any questions conceming our proposal,please contact me. Very truly yours, nn G. Egan,P.E. cipal Engineer )GE:ma enc. 5:\Highland,City oft03017159\prop05a1-remcd.wpd Page 1 of 1 John Egan From: RONALD CARDUCCI [rcarducci @cal-west.com] Sent: Tuesday, December 09, 2008 2:24 PM To: John G. Egan Subject: Pacific Street Cost Estimate John: After reviewing our Estimate for Pacific St. and the county recommendations, all we could save is to reduce the number of cores we would take. However, to perform an analysis similar to the county's, it would probably be best to obtain a similar number of sampling locations on the rest of the project. So I think that we should leave the estimate unchanged. The county had 19 sampling locations on about half the project and we will have only 10 locations on the other half. However we have experience with the soils in Highland. Ron Carducci ]?/9/2008 Q m Construction Materials Engineers NAFT Testing & Inspection A Division ojMedall,Arasdn Geoleckuical, Inc. C A L T F O R N I A • N E V A D A July I, 2008 J N 2451 11,1 Engineering Resources of Southern California, Inc., 1820 Commercenter Circle San Bernardino, CA 92408 ATTN: Mr.John G. Egan, N.G. RE: Pacific Street Rehabilitation Project (Cities of Highland and San Bernardino, County of San Bernardino) Proposal to Prepare Pavement Rehabilitation Recommendations QDear John: In accordance with the proposal information received from your office, we are pleased to submit this proposal to perform a pavement evaluation and prepare rehabilitation recommendations for Pacific Street, from Perris Hill Park Road in the City of San Bernardino to Church Avenue in the City of Highland. We have reviewed the project site. It is proposed to rehabilitate approximately 17,800 lineal feet or 3.37 miles. We have been requested to provide recommendations for a ten year design and a twenty year design with rehabilitation alternates for conventional AC (HMA) and rubberized Asphalt (RAC). On a project of this magnitude, the Caltrans Rehabilitation procedure with deflection testing is a highly desirable approach. A deflection criterion gives a more scientific approach to design. An alternative approach using the Asphalt Institute Method relies on more subjective data and less field data. Rehabilitation projects generally are designed on a ten year basis. To extend a ten year design to twenty years usually ends up as a complete,reconstruction of the road. This is because the additional traffic loading of the second ten years increases the design Traffic Index. © Riverside County: 16801 van Buren Boulevard•Riverside,CA 92504•Telephone(951)776-0345 Fax(951)776-0395 Affiliates In Most Major Cities Engineering Resources of Southern California, Inc. �.; July 1, 2008 Page 2 Our scope of services would be to perform a field review of Pacific Sheet, identifying the number and extent of pavement deficiencies, and marking on the pavement in white paint the areas of R&R. We would measure the length of the project and measure the road width at various locations and identify possible locations of cores for existing structural section thicknesses. Final core locations would involve a review of the deflection data. The length would be measured with a roller tape. n While in the field, we would sketch the locations of each of our field markings and record the measurements. The physical location of each of the R&R areas would be tied into an adjacent lot either by house number or other identification, which will match up with the assessor's maps that you give us. In our office, we would sketch on maps you provide to us an outline of each repair area,-the recommended dimensions and its relationship to either curb or'street centerline, These maps would be included in our report. We would also provide a tabulation of the repair areas giving the physical street address and the dimensions and square footage. In turn, you would put on your plans the location and dimensions of the repair area. ©' We would evaluate the deflection test results using Caltrans criteria and design the structural section based on Structural Requirements, thickness to reduce reflective cracking and rideability. In our lab, we would measure the cores, evaluate subgrade soils with Sand . Equivalent Tests and select representative samples for R-Value tests. We will consider it minimum 0.10' standard overlay. Any additional thickness of f overlay would be based upon our field review and/or deflection test results. For the structural section of R&R areas, we would consider a minimum 3" of asphalt concrete on 4" of aggregate base. Our recommendation would be based on the actual Traffic Index and R-Value of the underlying soils. Consideration would be given to crack repair and sealing, header cuts, grind and inlay 0.10' AC, and bump grinding. We will identify one or two areas where there is either a quarter crown or a low centerline crown. We will draw cross sections and use them to develop a recommendation. We will prepare a preliminary evaluation including comparative construction cost estimates for two alternatives. This construction cost estimate is.not a complete CAL-WEST CONSULTANTS Engineering Resources of Southem California, Inc. July 1, 2008 Page 3 cost estimate. We will only include the items directly related to pavement rehabilitation. In preparing our cost estimate we will secure recent prices from local contractors and use these prices as the basis for determining the cost to use in our construction cost. evaluation. We do not regularly compute quantities for bidding on projects. The quantities we will use will be based on our evaluation of the site_and is not to be considered accurate for bidding purposes, but will be used as the basic quantity for the alternatives in order that we can make a comparison. These quantities will include computer-generated data and will not necessarily be Based upon field measurements. Our construction cost estimate is not a complete cost estimate. When our preliminary evaluation is completed, we would have a meeting with all parties to the design to discuss rehabilitation alternatives. Finally, we would review the proposed plans and specifications for the project and provide our comments back to your office. Our cost estimate to provide services on this project is $24,490. A copy of that estimate is attached as Exhibit 1. ® We can start our work upon receipt of your authorization and of the assessor's maps from your office. We estimate it will take 13 weeks from the time we start the work to the completion of our report. This could be affected by scheduling of. Deflection Testing and Team meetings and review times. If you have any questions,please do not hesitate to contact this office. Very fly yes ' Ronald F. Carducci,P.E. Materials Engineer- ' RFC: bel?.49.J61 PRP H,ghlu Pstlic p,,, Attachments CAL-WEST CONSULTANTS r I I I y 1 m I I p p p p p p p ✓1 ; JI p p p p p p Ill ; YI p p 00 a.. 1 I.1 1 1 !1 ^I ••I 1.1 .y N ,-1 rf .4 ; q n U IV 1 I I N I 1 1 1 N W I O I 1 1 I I 1 I 1 J I S I I I n I L 0 1 I NO gYI 1 1 Ol VI I 1 I O I ly O T i i y I 1 O -M G I .f Ip G 1 N 1 U q I U U Yl ; u1 G O YI W U T N •� 0 V Z O O U Y U b a I . q °y Y (> G v l O D U £ ; ; 0 e O O Q bI > w u a O YF O U M mier I '� 1 "1 1 F I ZO I q d t Yl NONgO 4 Ol b y •4 1 d N n yy ; H. ; a ; > 1 I O 100 I W T .? 4 14 Y nl 1 1 a 1 4 4 H 4 H y�1 4 yy 4 4 b d W C fo 1 I F 1 x S S S S S S S S S O w > I d 0 dN 1 I I P. V hl I I U q 0 >IL o U q00 qq0 'ti I W U hN l a l i HtVWOUC .] 0 c C C C c •+ H W F W to W W W V .> ->1 i z U IZ-1 i ~ ; o op O� r1 nQ ppp Does O' Blp I H 1 Va . 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I H I « I 1 «' U I �j W I F 2 I i ; F A O p I I Z 1 A r 1 u a � i i I I F F r F 1 1 1 r ZO 0 M U I y I I .f H ' ® 1 a 2 V I 1 1 0 J V 1 KOO Ems ME min 0 u nail I I III 111 111111 IIN II'MIMIIMIMI NINE ISO loss MEMO I EISEN 1111111111 1 11111111 111101111111 30W-IiNGINEERING ESOURCES OF SOUTHERN WHIM INC. 03017159 (#12) June 17,2009 Mr. Dennis Barton,Assistant Public Works Director City of Highland 27215 Base Line Highland, CA 92346 SUBJECT: PACIFIC STREET PAVEMENT REHABILITATION PROJECT, PROJECT NO. ola0900I,CONSTRUCTION SERVICES PROPOSAL Dear Dennis: Engineering Resources of Southern California, Inc., (ERSQ, hereby submits our proposal for construction management and inspection services concerning the Pacific Street Pavement Rehabilitation Project, Project No. ola09001, Phase 1,as requested by the City. To assist ERSC in the inspection efforts, we will utilize personnel from the firm of CAL-WEST Consultants, a Division of Aragon Geotechnical, Inc. PROJECT DESCRIPTION Project for which our construction services proposal is being made is that designated and described as Phase I of the Pacific Street Pavement Rehabilitation Project,and extends from Perris Hill Park Road in the City of San Bernardino,easterly to Victoria Avenue,a distance of approximately 12,000 linear feet. The street right-of-way passes through three jurisdictions, that of the City of San Bernardino,the County of San Bernardino,and the City of Highland. City of Highland, we understand will be the lead agency for the project. Work as designed has been divided into three areas with differing construction techniques. Area Nos. I and 2, Perris Hill Park Road to Sterling Avenue, will involve pulverization of existing pavement, grading and compaction of subgrade, and repaving with hot-mix asphalt (HMA)and rubberized hot-mix asphalt (RHMA). Area No. 3, extending from Sterling Avenue to Victoria Avenue will entail construction by header cut cold planing, cold-in-place recycling(CBR),some AC R&R, and overlay with RHMA.There will also be limited amounts of concrete removal and replacement throughout the work. Asphaltic concrete quantity is estimated at about 13,000 tons. to 1820(owauuru Cwu SAN RINAIDINO,(A 92408.3430 (909)890-1255 (909)890-0995 In 03017159 (412) Mr. Dennis Barton,Assistant Public Works Director June 17, 2009 Page 2 Estimated cost for the project is $2,268,000 including a 15 percent contingency allowance. An allowance of 50 working days is anticipated for the construction period. Of this, 40 days are anticipated for actual pavement construction, the balance for striping, installation of traffic loops and other miscellaneous work. SCOPE OFSERVICES Proposed construction services will involve contract administration and field inspection. Contract administration will include award services, scheduling and conduct of pre- construction meeting, preparation of weekly statement of days, and preparation of pay estimates and contract change orders. Services will also include clarification and response to contractor's request for information, attendance at meetings, site visits by the construction services manager, review of contractor payroll submittals, and post construction services including final pay estimate and recommendation for acceptance, and preparation of record drawings. Project Manager will be the undersigned; Construction Services Manager for the project will be Ms. Etta Pulce who served as project engineer during the design. Inspection services for Area Nos. 1 and 2 will involve observation and monitoring of traffic control measures, pulverization of the existing asphaltic concrete pavement, grading, and compaction of the subgrade, construction of pulverized base in Area 2, and observation and monitoring of the HMA and RHMA pavements, as well as miscellaneous concrete removal and replacements. Inspection services for Area 3 will involve observation and monitoring of traffic control measures, AC removal and replacement, cold planing, CIR mix design and sample area construction, final CIR process and RHMA overlay, as well as miscellaneous concrete removal and replacements. Mr. George Herold,ERSC s Public Works Inspector for the City will be responsible for observation and monitoring of traffic control measures, grading and compacting of subgrade, construction of pulverized base, construction of asphaltic concrete pavement and overlay, pavement striping, traffic loops reconstruction, and miscellaneous concrete construction. Mr. Herold will also be responsible for assisting the Construction Services Manager in measurement and preparation of quantity estimates for use in preparing progress pay estimates. In developing staffing requirements for the construction services, we have estimated the need of about two hours per day.for Project Manager and/or Construction Services Manager,plus miscellaneous tasks and administrative/clerical. For field inspection, we estimate an average of six hours per day plus miscellaneous tasks of±20 hours. 03017159(#12) Mr.Dennis Barton,Assistant Public Works Director June 17,2009 Page 3 CAL-WEST Consultants will be responsible for review of contractor's submittals,the r CIR/AC mix design, Contractor CIR test and measurement test reports, field inspection/ monitoring of AC pulverization and gradation quality control,header cut cold planing,AC R&R, and CIR construction. Also, the firm will conduct material sampling and compaction testing of the subgrade, base materials, AC and CIR, and conduct any needed plant monitoring of rubberized hot-mix asphaltic concrete preparation. CAL-WEST will also re- mark the AC R&R areas in Area 3. Specifics of CAL-WEST's services and estimated fee of $51,028 are contained in that firm's proposal,copy enclosed. Their effort is allocated for the anticipated 40-day pavement construction period. It also contains an allowance of 80 hours for batch plant inspection. We do not anticipate the need nor have we proposed to conduct any field survey. It is our understanding that the County will provide a list of centerline monuments to be encountered, will tie-out those at risk and will reset and prepare the required documentation. Contractor will be required to set centerline control to achieve the cross slope specified. Proposed tasks,staffing requirements,and efforts required are indicated on the accompanying spreadsheet. With this, estimated fee for the construction services proposed is $108,600. Allocation of this estimate amount the three participants would be: 42.7%,or$46,372 for the City of San Bernardino 34%,or$36,924 for the County of San Bernardino and 23.3%,or$25,304 for the City of Highland We thank you for the opportunity of submitting ERSC's proposal for the services required to complete the project. Should there bd any questions,please contact the undersigned. Very truly yours, John G. Egan,P.E. Principal Engineer JGE:ma enc. S:Viigh1wd,City of\03017159\const mgmt services proposal.wpd ZAL= Construction Materials Engineers Testing & Inspection A Division of Meda(t,Arngdn Gedireciinicdi,.lite. ! CALIFORNIA 1 NEVADA June 16, 2009 J'N,.25ge.`IM,PR? EngineeringResources of Southern Califomia, .Inc. ; 1920 Commercenter Circle San Bernatdina, CA 92408, ATTN: Mr. John G. Egan, P.E. RE: Proposal for Public- Works Inspection, Materials Inspection, 'Testing.and Engineering for Phase I PacifcSt. PavementRehabilitation Project Number ola09001, Job Number 3017.151 City of Highland, California F ©: Dear John In accordance with your. Request for Proposal of June 12, 2009, 'we have prepared this proposal to perform the work required in your RFP. " l't is out understanding, that your inspector will "perform all the basic inspections for this public works project. Out inspectors will perform Public Works Inspection for the Cold-In Place-Recycling (CIR), Header Cuts, and AC Pulverization. This includes monitoring the Contractors operations on :the specific Item, keeping track of quantities, and checking with the engineer to resolve questions on the plans & specs: This does not include inspecting; any other of the contractor's concurrent 4 operations. The attached cost estimate is based on a review . of the plans and t specifications and our best estimate of the time need to perform the services requested. # Rlverslde County: 16801 Van Buren Boulevard •Riverside.CA 92504 •Telephone.(951)776-0345•Fax(951) 776-0395 Affiliates in Most Major Cities Engineering Resources of Southern Califomia, ln'e; .tune,16,2009 Naga 2 t 1 Our cost estimate to provide the above described services on this project # is M 10 A copy of that estimate is attached as.Exhibit 1, E We can start our wor$,upon receipt of your authortzation, { If you have any questions, please do not hesitate to contact this office. Very,truly yours, konald F. Carducci, P.E. Materials Engineer ® RFCW2546.i61 PNYkwk Stn M venwht Rehahihmtinn Yrytxt Attachment I A t. t t CAL-WEST CQN$U TANTS pq p M � DJ O D N W I H F V ' 1 o � IP I , — � l a a I I U D I o e m r �V V C O•Q O W w O O 6 � 0 h m Z 15 7y •�• F E O SS SS �y O's je d °a o 0 0 o rNONN I ' 4 • � Z LL O {q til O � � .Vu .ua y I u r�i� 2-3 o � �h .,;g Sj4 x a�> 8 Cpp8 Vpp�mpm _ 8 Qpp fYV -HVN � HHy»�.m(N P y[Ni1 y�GNN�y i Q � I I I I I i g- i � i �Fy I S_ Na° Oe I 8ryg� r L I �v I N � NNNN � NHNN a 000 M > t y U I M 0 m L V y w` Ga pp ppF pF f NOO C ZI v N a i 3 ii7 l a o_ri_ C Q N p C C L.� � � N � � � O � O O I.rl 9 •C r 13z" O x ° � sFF y �u3 ry o 61 _`o u � N F. NF n NNafh � < QvIOF.(IIQ Q.S. a4Y p , " N N a oIn I I y r 5 0 a . V m O N I N 1/� I I I I O N • — m JJ' 9 P 11 N C C C n T {pp�7 •G ( •C �jP1 q � I �t� I �" � � o - a I u _ - 14 CY at N_ C3 � 1 1 y F o 3 z y o �. W u asj ._.at�at•r FEE SCHEDULE MEDALL.ARAG6N.dEOTECHNICAL,INC.(MAG).B CAL-WEST CONSULTANTS CCWC)provides consulfing services in the fields of soils and fi)undoliab engmeeriftg, engineeriog geology, earthquake engineering,, fault studies., material testing, groundwater geology and environmental studies. Compensation for services will be based on the following fee schedule: LABORATORY TESTING PROFESSIONAL AND TECHNICAL STAFF Soil B Aggregate, Principal Engineer .... ..... .. ... 140.00mr. Compaction Tests di0meler mold)ASTMD1557 MOmodC,... $144,00 Principal Geologist ,. ,,,,,.. , . ... .'$140 001h,Compaction Test 14'dlam.mold!ASTM D15S7,MaNOdAASB' ... 610200 Senior Engineer ..................... .. .: 5719001hr. Consolidation Test-ASTM D2435-.Melnod.A; .. $200.00 Senior Geologisl ,-.•.... ..... .... ... $41900/hr.. . . Tme:Consolidation Test.fialincremsrlq .. .: .. 5' 36.06 Project Engineer ::..:. ..... ... .... ..... S105601hr Direct Shear Testfdrive-tube sample). ............ .. . S160.00 Project Geologist...... ....... .. .. ..... .... .. .. $105 00/h,. Direct Shear Tesl'0emoldedsample) - •-• 519000 Slag Engineer ................ ... .. $ 35 O"r NmaShear Test(resipual) ... ,. ...:.„............. :.:. $21)1 Slag Geologist .....,..... ...... -... S 8500mr. Expansion lndex:TOst-ASTM D4829 .. ...,....., $150`00 Project Manager/Supuvising Tbc. hnicim . . .. $ 85'00)hr. Hydrometer Anal ysrs(Excluding'Sievd) ASTM D 422 ...,.z,:,. 5200.00 Senior Techniclail(Prevailing Wage) . .•...,. S 85.ODrhr Relative Density-.CA Test 21.6 1­ . ... ....... '$756.08 Senior Technician(SgIOConcrete/Stsey . ;...... .. S f5 OOMr Liquid.Limit LL)B Plastic LIM114PLj-ASTM D-434$ $120.00 Laboratory Tedhnician..... ...... ... .........$ 75.00/hi.. Sieve Analysis(Fine,B Caesar)-ASTM C 138 ............... 5120.00 Draftspersm ......,.... .... -. „......._ $ •75.00/h, Moisture Cantwloem(mipahm-,ASTM:D22,16.....,,..._.,,. $ 11.00 Geoteahnical Assistant ... ......... ..... ... .... 5 45001hr_ Moisture-Density Test-ASTM D 293 ............. ........ S 16:00 Technical Word Processing ...... .....-$ 45 00br. R Value Test gip1maled)-CA Test 301 or ASTM 2844 ,.. .. $250 60 Forensic Consuli ng(4 hrs,minimum).........., _ $250 OM,. R:Value-Test(treated)-CA Test 301 or ASTM-2844. ... .. $260.00 Public Works Inspector ....... . ., ..... S 65 001hr. ..... Saab E4Graity Ads GA Test-Fine :........... $ 86.60' Public is Testing,or(Prevailing Wagt) - ,,,- „ ., It 85 OO/hr. Specific Gravity 8 Absorption-Fine-ASTM C Us:1 ..... S $000 UlliasoiVic Testing„.. ... ...., $ 85 OlVhr. SRecific'Grdvity,d.,Ab�rptign-Coarse--AST)dC 727 , . ._, S 8000 Shcfate Cori Test ,,... .. $ 6000 Overtime for technical Personnel.wllbe charged al the base rate times 46 Par Wash Sieve Arrwysus(200sieveonId $ 60100 hour for eme'in excessof 8 hours,but less than 12 hours, Poreay,Saturdays, Absolute,Specific GmVlty Finer bA Te91205 .... ......... ' S 8000 Sundays and holidays.. Time over 12 hours per day will be charged-at me Lightweight Piecevof Aggregate.-ASTMCJ23 ........ ...'..,.. $200.00 baseratetimes2. Them;his minimum charge of 4.hours, Clay LUMPS&Friable Panicles-ASTMC 142 ............ . $ 90;00 taltor Elongated Panicles•ASTM 04294 .:, _ . .... $130.00' LIMIT OF PROPOSAL VALIDITY Percent Cmsfied Pprvdes:-CA Te5t205 ,,,.. $130;00 This proposal is valid for 60 days. MAG 8'CWC reseives the right to Soundness(5-Cyc.Sodium SUINIO)per siOm ASTM 088 $ 90.00 renegotiate the feeabd completion date lfaulhonzabon is not fecaived within Orgamc Imputhl in Sand-ASTMC 40 .. .. -.. $.400.00 60 days. burabdily Test-CA TesL228' .., ... $ 95;00 . Cleanness Value-CA Test227' . - sikoo EXPENSES LA Raider 000'Rev) ASTMC 331 AC S34 ................ 5175.00 .Project related expenseewill be invoiced as follows. Dry Plodded Unit Weigh[ ASTM C29 ....,, S 9000 (1) Out-pt-pocket expenses, telephone,aerial pholegmphs,s •''••• ' pedal Permeabdity Test­ASTM ......x Quote •• . ... --• Pomp plus 20 supplie;,.ezpendahle items)and subcontractors at Coaxial Compression Test: ... . ........... ......... „.. . Duotb cost plus'20%. . Corrosion Test .. ..... .. .. ..... .......- 5100:00 {2) Reproduction:$0,30 per page:$TO.00 Per blue Prl postage at cost. Pock potnt-ComTe01 ,,. ................. S 5000 Facsimile Transmission:$756(up to 10 pages) Unporigned-Camp{ession Test ,.. ................ $27000 (3) Travel time:a(the hood rate 5hownabove,portal Ie portal Cehftmia Bearing Ratio Test - ,_r,.,,. $300.00 y p p Specific Gfavity-ASTM 0854 .y•,: . - � sa0o gg (4) Fw vork which requires ovemight lodging away from home,a Per diem charge will be marls appropriate to the area,based on,aduaf costs plus Omar Special Tests , -..._.,-..r.:.._..., S75.001hr, 20%. rciderele 8 Masonry (5! Charges for use of field vehicles,stdnd'ew sampling tools,and routine GOncrele Compressfes Strengihx(Fesled.or Hold) ASTMC39 :... $ 4..00 field testing.requipmenb SalOo/day, or$0.55 W,mile, vrhicheVer is Mortar Comp.SOenglh'(Lesled S Holtl):-080 STd.24-22' ...._. $ 25.00 greater. Mileage rate Is subject to change if gasoline costs increase Grbutcomp.Strengm•(Tested-&Hnld).UgC•STO.24-28 ._..-.. # 25.00 slgnifiwnuyr Spegipc Gravjtyof Core.ASTM 9042 .. ..... .. S 15.06 (6) Cabo ratpty samples will be stored for 30 days at no charge IPton er Concrete.Cefe(Indudinglnmmirg)riSTM442 $ 4'5.00 storageis required,a storage fee volt be charged. 9 Concrete Flex..Sbenglh•(eactlyASTM 0788 C 493 ........ $ 90.00 (7) Iitclinometer Usage.At-cost plus,l5%,Seismograph usage-$15oog/day Concrete Shrinkage Bars*(561 of 3)ASnfC TU........... .. $350.00 Concrete Tnal 6alco-ASTM C 192 . ....... ........ . .... . Quote INVOICING' Asphalt Invoices will be issued triweekly, or monthly and are Ex$ae{ibrtB.Gradation-ASTM DbS0Y8D9144 ........ ..... $250.00 payable upon lung n Oven Correcti on Factor-AST.M'D¢907 ......... $200.00 preefent, In of Invoice of 10-or.in r month v41h me leans of the ganhad if Unit Weight($SDy-ASTM'D 2726 . � � different Interest of 1%%per rtionm,but not exceeding the maximum rate r •• 5 2500 all by law,will be payable on any amounts not paid in accordance with UnilweighijParaf6n Coaled)'ASTMO2726 ..... ......:.„- $ 35,00 the bdlmg terms. Payments thereafter will be applied fist to the ac,Med Air Void 4efe'rmmation ASTMb3203 :... .......... .It WOO interest and then to'ihe pnnopal unpaid amoont. Ahy attomeysfeesoromec Marshall SlabilityS unit eight(Set of 3y ASTM ...... ...... j200.00 cosh loaned in cgllecting any delmquenlamount shall be Rice SPeGfiC Gravity-ASTMD2041 ,. $120.00 paid by the tlknL • Terislle Strength FPdU6-ASTM 44869 $60000 EFFECTIVE; Centnfuge•Kerosene Equtvalenf,C:A TEST 300,. ,...., $600.00 S:Value-CA Test 304 .::... ... $225 00 July 1.2008(changes commensurate to labor me(may be made without Swi%KTOaI•(drive-to "am a)- Yeal30$ ..... .. $180.00 orifice). MVS Test=CA,Test 307 ,. ..I— �.. $240.00 ICAsyh'aWCbhcrete Mix Design-MAB$HAL or'MVEEM Quote ore Measurements.ASTM D 3549(Erich) $ 15.00 -'Dries-botjnpude SPeumen'Fatinoatlon. All WAS,ere IOC samples and/or spOOMsdelivered to our laboraloty. Medall,:Aragori Geotechncat, Inc. & Cal-West Consultants