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HomeMy WebLinkAbout12- Public Works CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACT . . IGINAL From: Nadeem Majaj, Director Subject: Resolution authorizing execution of Amendment No. 4 to Professional Services Dept: Public Works-Engineering Agreement with AECOM Technical Services, Inc. to provide Engineering Services for the Date: March 15,2011 Design of Old Waterman Canyon Bridge Repair(SS07-14). MCC Date: April 4,2011 Synopsis of Previous Council Action: 12/20/04 Adopted Reso. No. 2004-391 awarding a contract to Gwinco Construction and Engineering, Inc., for Old Waterman Canyon Road Bridge Replacement(SS05-11)in the amount of$141,991.76. 05/15/06 Adopted Reso.No. 2006-145 approving Agreement for Professional Services in the amount of$224,621.00 with LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement(SS07-14). 08/07/06 Adopted 5-Year CIP for FY 2006/11,which included funding for design and construction of Old Waterman Canyon Bridge Replacement(SS07-14) 11/06/06 Adopted Reso. No. 2006-376 approving Amendment No. 1 to Agreement with LAN Engineering for Services in the amount of$25,916.94 for additional environmental services for the Design of Old Waterman Canyon Bridge Replacement(SS07-14). 05/07/07 Adopted Reso. No. 2007-135 approving Amendment No. 2 to Agreement for Services in the amount of $8,000.00 for Initial Site Assessment (ISA) for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). 08/06/07 Adopted Reso.No.2007-316 approving Amendment No. 3 to Agreement in the amount of$3,650.00 for the Design of Old Waterman Canyon Bridge Replacement(SS07-14). Recommended Motion: Adopt Resolution. Signature Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Staff Report, Reso., Amendment to Supporting data attached: Agreement Ward: 4 FUNDING REQUIREMENTS: Amount: $ 160,793 Source: (Acct.No)242-160-5504-7671-0025 Acct.Description: Old Waterman Canyon Bridge Repair (SS07-14) Finance: Council Notes: Agenda Item No. 1612-� t�`1 d q CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing execution of Amendment No. 4 to Professional Services Agreement with AECOM Technical Services, Inc. to provide Engineering Services for the design of Old Waterman Canyon Bridge Repair(SS07-14). Background: On August 7, 2006, the FY 2006/11 5-Year Capital Improvement Program (CIP) was adopted, which included a project to replace Old Waterman Canyon Bridge (SS07-14). This bridge is located on Old Waterman Canyon Road, approximately one mile northerly of Waterman Avenue (State Route 18). The bridge was severely damaged in a flood that occurred on December 25, 2003. Funding for repair of the bridge was approved by the Federal Emergency Management Agency (FEMA) under disaster declaration FEMA-1498-DR; however, before repairs could be started, a second flood event occurred on January 10, 2005, and further damaged the structure. A federal disaster declaration (FEMA-1577-DR) was made for the San Bernardino area subsequent to the January 10, 2005 storm. FEMA reviewed the condition of the bridge and determined that repair of the bridge was not feasible and allocated funding for its replacement. Funding in the amount of$505,000 was allocated for the project, 75 percent of which was to be reimbursed by FEMA and the remaining 25 percent by the State Office of Emergency Services (OES), which is now known as the California Emergency Management Agency (Cal EMA). On May 15, 2006, an Agreement for Professional Services in the amount of $224,621 was approved with LAN Engineering Corporation (currently known as AECOM Technical Services, Inc.) to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). On November 6, 2006, Amendment No. 1 to the Agreement with AECOM Technical Services, Inc. for Professional Services in the amount of $25,916.94 was approved, authorizing Jones & Stokes, an environmental subconsultant to AECOM Technical Services, Inc., to proceed with focused surveys for six sensitive species that may inhabit the site. Five of the special-status species are plants and one is an animal (Merriam's Kangaroo Rat). During preparation of the biological, cultural and water quality technical reports, the need for a hazardous materials Initial Site Assessment (ISA) was identified by the environmental consultants. This assessment was not included in the initial scope of work with AECOM Technical Services, Inc., in the original Agreement or in Amendment No. 1. On May 7, 2007, Amendment No 2 in the amount of $8,000 was approved, authorizing AECOM Technical Services, Inc. to proceed with preparation of the ISA. Additionally, on August 6, 2007, Amendment No 3 was approved authorizing an additional $3,650 for the preparation of a hazardous material survey to determine if asbestos was present at the site in order to meet Air Quality Management requirements. No asbestos was found at the site. The estimated cost for the bridge replacement was $2,700,000, which is substantially higher than the $505,000 approved by FEMA. Staff presented this estimate to Cal EMA and FEMA and requested confirmation that the total cost would be reimbursable. FEMA denied the City's request to fund the full replacement, but admitted that the FEMA team that responded to the disaster in 2005 had made an error in the application of the"50-percent" rule, which provides € 2 i CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued that replacement funding can be approved if the repair cost exceeds more than 50 percent of the replacement cost. In this case, the FEMA team used an unrealistically low replacement cost estimate in determining that the bridge should be replaced. FEMA also declined a request for reimbursement of funds that the City had previously expended in preparing designs for the replacement bridge. See attached letters from Cal EMA, dated September 24, 2010, and FEMA, dated September 10, 2010, for more details. Although FEMA denied the City's request to reimburse the total replacement cost, they indicated that they approved a total of$500,001 toward the repair of the bridge. These repairs will consist of replacing a girder on the north side of the bridge damaged by rocks, replacing the bridge guardrails on both sides, repairing undermined downstream wingwalls and hardening of the downstream channel to reduce erosion. 1 The FEMA allocation should be sufficient to repair the bridge. After the repair has been completed, the bridge will be adequate for light traffic volumes, subject to load limits for trucks. AECOM Technical Services, Inc. was requested to submit a proposal to design the repairs caused by both disasters. The design will include updating environmental studies sufficient to obtain permits from the Army Corps of Engineers, State Department of Fish and Game and the Water Quality Control Board. The fee for the work is $160,793.44. Financial Impact: The breakdown of funding for the AECOM Technical Services, Inc. Agreement and Amendments is as follows: Description Amount Original Agreement $224,621.00 Amendment No. 1 $ 25,916.94 Amendment No. 2 $ 8,000.00 Amendment No. 3 $ 3,650.00 Amendment No. 4 $160,793.44 Total $422,981.38 Adequate funding to cover cost of this amendment in the amount of$160,793 is available in the FY 10/11 CIP budget for Project No. SS07-14 (Account No. 242-160-5504-7671-0025) "Design of Old Waterman Canyon Bridge Repair." The cost of the amendment will be reimbursed as follows: FEMA 75 percent and Cal EMA 25 percent. Account No. 242-160-5504-7671-0025 Account Budgeted Amount: $2,390,100 Balance as of. 04/04/2011: $2,359,653 Balance after approval of this item: $2,198,860 Please note this balance does not indicate available funding. This budgeted amount reflected the estimated cost for bridge replacement. Given that the funding agency changed the scope of the project from replacement to repair, this budgeted amount will be reduced in next year's Five Year Capital Improvement Program. 3 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued Recommendation: Adopt Resolution. Attachments: 1 —Letter from Cal EMA, dated September 24, 2010. 4 I ARNULI)SCHWARTI?NI:CiCit:R MAM1EW R. BETTE•NHAUSEN GOVf,RNOR Cal EMA SECRL•TAR}, CAL11ORNIA EMERGENCY MANAGEMENT AGENCY September 24, 2010 Mr. Charles E. McNeely City Manager City of San Bernardino 300 North"D" Street San Bernardino, California 92418 Subject: Rcsponse to First Appeal -- PW 2473 FEMA-1577-DR, 2005 January Winter Storms Cal EMA ID: 071-65000 FEMA ID: 071-65000-00 Subgrantee: City of San Bernardino Cal EMA Log: 496246.2 FEMA Log: 306255.1 Dear Mr. McNeely: On September 15, 2010, the California Emergency Management Agency (Cal EMA) received the enclosed letter dated September 10, 2010, from the Federal Emergency Management Agency (FEMA). The purpose of the letter is to inform the city of San Bernardino (city) that FEMA has partially approved the first appeal of Project Worksheet (PW) 2473. FEMA approved PW 2473 to fund bridge repairs to Waterman Canyon Bridge (bridge)and roadway for damage that occurred from both the FEMA-1498-DR and FEMA-1577-DR events. After discussions with FEMA and the city, Cal EMA supported the city's position to request reimbursement of its design costs for the estimated amount of$254,000, which was incurred as a result of FEMA's initial determination to apply the 50 percent rule to replace, not repair, the damaged bridge. Cal EMA agreed that the 50 percent rule would not apply in this circumstance due to the more accurate replacement cost of the bridge. However, the city has chosen to move forward with separating its contract work and costs under separate disasters; therefore, Cal EMA supported the city's decision to move forward with repairing the bridge and claiming its costs under FEMA-1498-DR and FEMA-1577-DR. Cal EMA also supported the city's request for a time extension to August 4, 2011, to complete the necessary repairs under PW 2473 (1577) and PW 981 (1498). After review of the city's first appeal, FEMA has denied the city's request for reimbursement of 5254,000 for the engineering and design of the new bridge. FEMA stated the city was advised and aware of the requirements of eligible work and cost under the PA program. In accordance with Title 44 of the Code o1*Federal Regulations (44 CFR), Section 206.223(a) and Section 206?26(2)(d) and(4)(1), it cannot be reasonably concluded that the subgrantee would continue }with design and engineering of a new bridge after realizing the cost of a replacement bridge equaled more than 500"0 of the cost of repair. Mr. Charles E. McNeely September 24, 2010 Page Two FEMA has approved the revised estimate of$500,001 for repairing the bridge and has obligated PW 2473-1 in the amount of 5145,677 to reflect its approval. The city's request to conduct closeout of this project under one disaster event is also approved. All project management and financial reconciliation activities will be conducted under FEMA-1577-DR. In telephone conferences with FEMA during the city during the week of August 23, 2010, the city stated that a time extension to October 15, 2011, would be more appropriate than the requested anticipated completion date of August 4, 2011. This would allow the city to complete the work at the end of its typical road construction season and would help assure that another time extension request would not be necessary. In accordance with 44 CFR, Section 206?04(d)(2), the city has demonstrated due diligence in pursuing completion of this project, while experiencing delays beyond its control. Therefore, FEMA has approved the time extension to October 15, 2011, for PW 2473. Please refer to the enclosed letter for additional information. If you do not agree with FEMA's determination, please be informed that in accordance with 44 CFR, Section 206.206, you have the right to appeal FEMA's decision. This second and final appeal must be submitted to Cal EMA within sixty (60) days from the date of this letter. Federal regulations also require that appeals contain documented justification to support your position including the monetary figure in dispute. Also, as a second appeal, you must provide additional or new information which documents why FEMA's first appeal decision was in conflict with federal laws, regulations, or policy. If you require additional information regarding this correspondence, please contact Mr. David Rogers, Disaster Assistance Program Specialist, at (916) 845-8235 or Ms. Pamela Rarick, Area Analyst, at (916) 845-8239. I Sincerely, MICHAEL BALDWIN State Public Assistance Officer Enclosure Pr U.S.Department of Homeland Security Region IX 1 111 Broadway,Suite 1200 Oakland,CA 946074052 ofrearys 1y FEMA \�ND SE'J SEP 10 2010 �GENCY Mr. Tom Maruyama RECEryD Governor's Authorized Representative SEP -+' Office of the Secretary 9r 1 5 2010 jCalifornia Emergency Management Agency y 3650 Schriever Avenue No Mather, California 95655 Reference: First Appeal—Project Worksheet 2473 FEMA-1577-DR-CA, P.A. ID: 071-65000-00 f Subgrantee: City of San Bernardino Cal EMA Log: 496246.1; FEMA Log: 306255.1 Dear Mr. Maruyama: This is in response to your letter dated July 9, 2010, forwarding and supporting a first appeal and time extension request from the City of San Bernardino (Subgrantee) for Project Worksheet(PW) 2473. On June 30, 2010,the Subgrantee appealed the denial by the U.S. Department of Homeland Security's Federal Emergency Management Agency (FEMA) for a time extension, and supplemental funding for the Waterman Canyon Bridge project as addressed with PW 2473. On July 5, 2005, FEMA approved PW 2473 for an estimated cost of$505,000 to fund replacement of the Waterman Canyon Bridge. Though damages from the 1577 event were estimated at $140,000, the bridge had been previously damaged by flooding and debris flows on December 25, 2003 (DR-1498-CA). On April 16, 2004, FEMA approved PW 981 under DR- 1498-CA with an estimate of'$185,000. Since damage from both the 1498 and 1577 events was F estimated at $325,000, 1n accordance with Title 44 Code of Federal Regulations (CFR) § 206.226(f) FEMA applied the "50% rule". Consequently PW 2473 was approved to replace rather than repair the bridge. On June 30, 2009, the Subgrantee requested a time extension and change in scope of work (SOW) and supplemental funding in the amount of$2,195,000, for a total cost of$2,700,000 to replace the bridge. FEMA denied the request with a letter dated March 3, 2010, stating that the cost for replacement now far exceeded the replacement threshold, therefore the request was denied. FEMA also noted that a time extension request would not be evaluated until the Subgrantee informs Cal EMA and FEMA which course of action they will take on this project. wwN.fema.gov Mr. Maruvama First Appeal-- PK'# 2473 FEMA-1577-DR-CA, P.A. ID: 071-05000-00 Page 2 of 3 The Subgrantee's most recent May 11, 2010, correspondence states their intention to repair rather than replace the bridge. The Subgrantee's appeal is for a time extension until August 4, 2011, and for supplemental funding in the amount of$254,000 to reimburse for funds spent on design and engineering a replacement bridge. Subsequent to their appeal,the Subgrantee provided a revised estimate to complete repair of the bridge in the amount of$500,001, resulting in a total supplemental funding request of$399,677. Currently$354,324 is obligated for this project. The Subgrantee also requested the opportunity to reconcile this project in one disaster event rather than two. As detailed in the attached analysis, and in accordance with Title 44 Code of Federal Regulations (CFR) § 206.202(d)(1) the Subgrantee's request that FEMA accept a revised estimate of$500,001 for repairing the bridge and obligate additional funding in the amount of $145,677 is approved. However in accordance with Title 44 CFR § 206.223(a) FEMA has idetermined that the Subgrantee was advised and aware of the requirements of eligible work and cost under the Public Assistance program. In accordance with Title 44 CFR § 206.226(2)(d) and (4)(f) it cannot be reasonably concluded that the Subgrantee would continue with design and engineering of a new bridge after realizing the cost of a replacement bridge equaled more than 500% of the cost of repair. The Subgrantee's request for supplemental funding in the amount of$254,000 to reimburse for design and engineering of a new bridge is denied. FEMA has prepared PW 2473 Version 1 for an additional $145,677 to reflect the obligation. The revised total estimated funding for this project is now$500,001. The Subgrantee's request to conduct closeout of this project under one disaster event is also approved. All project management and financial reconciliation activities will be conducted under DR-1577-CA. In telephone conferences with the Subgrantee during the week of August 23, 2010, the Subgrantee stated that a time extension for the project through October 15, 2011, would be more appropriate than August 4, 2011, as requested with their appeal. The additional 10 weeks would bring them through the end of their typical road construction season, and would help to assure that another TE request would not be necessary. In accordance with Title 44 CFR § 206.204(d)(2) the Subgrantee has demonstrated due diligence in pursuing completion of this project while experiencing delays beyond their ability to control. Therefore, FEMA approves additional time to complete this project in accordance with Title 44 Code of Federal Regulations § 206.204(d). The deadline to complete this project is now October 15, 2011. The Subgrantee may appeal any of these determinations to the Assistant Administrator, Recovery Directorate, at FEMA Headquarters. If the Subgrantee elects to appeal, the appeal must: 1) contain documented justification supporting the Subgrantee's position, 2) specify the monetary figure in dispute, and 3) cite the provisions in federal law, regulation, or policy with which the Subgrantee believes the initial action was inconsistent. A final appeal must be submitted to X10w office by the Subgrantee within 60 days of the Subgrantee's receipt of this Mr. Maruyama First Appeal-P # 2473 FEMA-1577-DR-CA, P.A. ID: 071-65000-00 Page 3 of 3 determination. Your evaluation of that appeal is required to be submitted through my office to FEMA's Assistant Administrator, Recovery Directorate, within 60 days of your receipt of the Subgrantee's letter. If you have any questions regarding this matter, please contact me at(510) 627-7100 or your staff may contact Terrie Zuiderhoek, Acting Director of our Recovery Division, at (510) 627- 7250. Sincerely, Karen E. Armes Deputy Regional Administrator FEMA Region IX Enclosure cc: Robert G. Eisenbeisz, P.E. City of San Bernardino Developmental Services Department 300 North D Street San Bernardino, CA 92418-0001 First Appeal Analysis Log 306255.1 City of San Bernardino FEMA-DRs 1498 & 1577-CA P.A. ID: 071-65000-00 Project Worksheets 981 (DR-1498); 2473 (DR-1577) Background: Heavy rains and flooding of West Twin Creek damaged the Waterman Canyon Bridge on December 25, 2003 (DR-1498-CA). Before permanent repairs could be made, the bridge was damaged again by severe storms and flooding that occurred between December 27, 2004 and January 11, 2005 (DR- 1577-CA). During both events debris flows plugged the bridges 10 feet high by 20 feet wide j concrete box culvert forcing water and debris to overtop the bridge deck. i r The first event resulted in damage to the girders supporting the deck,erosion and undercutting of the abutments, loss of all guardrails, and significant damage to the 10 feet high by 20 feet long grouted rock wing wall on the southeast side of the structure. The second event exacerbated these damages as well as eroding the remaining wing walls, and washing out 150 feet lineal by 31 feet wide of asphaltic roadway and approaches. After each event, the City of San Bernardino (Subgrantee) requested Public Assistance reimbursement from the U.S. Department of Homeland Security's Federal Emergency Management Agency(FEMA) to address repair of the facility. On April 16, 2004, FEMA approved Project Worksheet (PW)981 under Disaster 1498 as a category C PW for an estimated cost of$185,000 to effect repairs by clearing debris, back-filling erosion, j repairing and recasting damaged girders, and replacing the guardrails. On July 5, 2005, FEMA approved PW 2473 under Disaster 1577 as a category C PW inclusive of both the damages and scopes of work (SOW) from the 1498 and the 1577 events. The total combined estimated cost to repair the bridge from both events was $325,000. At the time it was believed that the bridge could be replaced by using two railroad flat cars as a deck while providing for a larger capacity culvert thus mitigating future flood damage for a total cost of$505,000. For this reason, FEMA staff made a decision to apply the "50% Rule" in accordance with Title 44 Code of Federal Regulations (CFR) § 206.226 (f). Consequently, PW 2473 was approved to replace rather than repair the bridge, for a total estimated cost of$505,000. On June 30, 2009, the Subgrantee sent a letter to the California Emergency Management Agency (Cal EMA) requesting a change in the SOW and supplemental funding for PW 2473. The Subgrantee stated the revised SOW was based on locally adopted codes and standards as well as the requirements of regulatory agencies including the California Department of Transportation. The Subgrantee requested an additional $2,195,000 for a revised total estimate of$2,700,000 to implement the new SOW. They also requested a time extension (TE) due to the lengthy environmental compliance review process for the project. On October 27, 2009, Cal EMA forwarded the request to FEMA with their full support. On March 3, 2010, FEMA denied the request for a change in SOW and supplemental funding stating that in accordance with Title 44 CFR § 206.226 (f)(1), a facility is eligible for replacement only 1 of 3 when the damages exceed 50% of the cost of replacement. The requested cost of$2,700,000 far exceeded the replacement threshold, therefore the request was denied. FEMA also determined that the request for additional time to complete the project would be addressed after the Subgrantee communicated their decision to either repair or replace the facility. On May 11, 2010, the Subgrantee sent a letter to Cal EMA stating their intent to repair rather than replace the facility. The Subgrantee reiterated their previous request for a TE through August 4, 2011. They also requested supplemental funding in the amount of$399,677, including$254,000 to reimburse for expenses incurred for engineering and design of a new bridge. The Subgrantee stated that they would not have incurred these costs if FEMA had not told them that they could replace the bridge. On July 9, 2010, Cal EMA forwarded the Subgrantee's request to FEMA with their support. The Subgrantee also requested the opportunity to reconcile this project in one disaster event rather than two. As the Subgrantee explained,the work will be completed at one time, under one contract, and separating the repair cost between disasters may not be possible. Change in SOW Analysis: The Subgrantee is now proposing to repair rather than replace the bridge. They are requesting an additional $145,677 for their proposed repairs. In accordance with Title 44 CFR § 206.202(d)(1) the Subgrantee provided a revised estimate of the costs to repair the bridge. The estimate addresses damages from both events and is inclusive of all items necessary to address code requirements and material costs that were unknown at the time the original estimates were prepared. The Subgrantee requests that FEMA incorporate the updated estimate into the project file and obligate the additional funding necessary to match the revised estimate. FEMA has determined in accordance with Title 44 CFR § 206.226(d) that the proposed repairs are eligible. The Subgrantee is also requesting supplemental funding in the amount of$254,000 to reimburse for funds spent on design and engineering a replacement bridge. In accordance with Title 44 CFR § 206.223 (a) the Subgrantee was advised and fully aware of the requirements of eligible work and costs. In accordance with Title 44 CFR § 206.226(2)(d) and (4)(f), it cannot be reasonably concluded that the Subgrantee would continue with design and engineering of a new bridge after realizing the cost of replacement equaled more than 500% of repair costs. Time Extension Analysis: When granting time extensions, FEMA considers extenuating circumstances beyond the control of the Subgrantee. The Subgrantee required additional time to re-engineer a repair rather than replacement of the bridge based on FEMA's determination that the 50%n Rule did not apply to this facility. Therefore FEMA has determined in accordance with Title 44 CFR § 206.204 (d)(2) that the Subgrantee has demonstrated due diligence in pursuing completion of this project while experiencing delays beyond their ability to control. During a telephone conversation with the Subgrantee on August 24, 2010, the Subgrantee stated that a TE through October 15, 2011, would be more appropriate then August 4, 2011, as requested in their first appeal. The additional 10 weeks 2 of3 would bring them through what is typically the end of their road construction season and would help to assure that another TE will not be necessary. i Conclusion: i I FEMA has determined that the Subgrantee's request for the obligation of additional funding for the approved SOW in the amount of$145,677 is approved. However FEMA has also determined that the Subgrantee's request for funding in the amount of$254,000 to reimburse for engineering and design of a new bridge is denied. The total amount of obligated funding for this project is now$500,001. FEMA has deobligated PW 981 under Disaster 1498 and prepared PW 2473 Version 2 under Disaster 1577 to reflect the revised estimate. Closeout and final reconciliation of this project will be addressed under DR-1577-CA. FEMA has determined the information submitted with the Subgrantee's request for additional time sufficiently documents an extenuating circumstance beyond their control. Therefore FEMA approves additional time to complete this project in accordance with Title 44 Code of Federal Regulations § 206.204(d). The Subgrantee anticipates the project to be completed by October 15, 2011. The deadline to complete this project is now October 15, 2011. 1 i 3of3 r; 6 1 RESOLUTION NO. Corr, 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 3 AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH AECOM TECHNICAL SERVICES, INC. TO PROVIDE ENGINEERING SERVICES 4 FOR THE DESIGN OF OLD WATERMAN CANYON BRIDGE REPAIR(SS07-14). 5 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL 6 OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the City Manager is authorized to execute Amendment No. 4 to the 8 Agreement with AECOM Technical Services, Inc. to provide Professional Engineering Services 9 for the Design of Old Waterman Canyon Bridge Repair (SS07-14) (attached and incorporated 10 herein as Exhibit"A"). 11 SECTION 2. This Amendment No. 4 shall not take effect or become operative until 12 13 fully signed and executed by the parties and no party shall be obligated hereunder until the time 14 of such full execution. No oral agreements, amendments, modifications or waivers are intended 15 or authorized and shall not be implied from any act or course of conduct of any party. 16 17 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 18 within sixty(60)days of passage of the resolution. 19 20 21 22 23 24 25 26 27 28 2A - 1 - 1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 2 AMENDMENT NO. 4 TO AGREEMENT FOR, PROFESSIONAL SERVICES WITH AECOM TECHNICAL SERVICES, INC. TO PROVIDE ENGINEERING SERVICES 3 FOR THE DESIGN OF OLD WATERMAN CANYON BRIDGE REPAIR(SS07-14). 4 5 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2011, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ 10 VACANT 11 BRINKER 12 13 SHORETT 14 KELLEY 15 JOHNSON 16 MC CAMMACK 17 18 City Clerk 19 20 The foregoing resolution is hereby approved this day of , 2011. 21 22 Patrick J. Morris, Mayor City of San Bernardino 23 24 Approved as to form: 25 JAMES F. PENMAN, City Attorney 26 27 By: 28 �� �►� - 2 - Exhibit"A" AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO 4 TO AGREEMENT FOR PROFESSIONAL SERVICES is entered into this day of , 2011, AECOM Technical Services, Inc. ("Consultant") and the City of San Bernardino ("City)." WITNESSETH: A. WHEREAS, on May 15, 2006, Resolution No. 2006-145 was adopted approving Agreement for Professional Services with LAN Engineering Corporation, now known as AECOM Technical Services, Inc., to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement(SS07-14), and B. WHEREAS, on November 6, 2006, Resolution No. 2006-376 was adopted approving Amendment No. 1 to Agreement for Professional Services for additional environmental services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14), and C. WHEREAS, on May 7, 2007, Resolution No. 2007-135 was adopted approving Amendment No. 2 to Agreement for Professional Services authorizing an Initial Site Assessment(ISA) for Old Waterman Canyon Bridge Replacement(SS07-14), and D. WHEREAS, on August 6, 2007, Resolution No. 2007-316 was adopted approving Amendment No. 3 to Agreement for Professional Services authorizing an asbestos survey for Old Waterman Canyon Bridge Replacement (SS07-14), and E. WHEREAS, at City's request, Consultant has submitted a proposal, dated February 24, 2011, to provide Professional Services for the design of the repair of Old Waterman Canyon Bridge (SS07-14), and F. WHEREAS, Consultant's proposed fee is fair and reasonable for the work contemplated. NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 of said Agreement for Professional Services is amended to add that the Consultant shall provide professional services for design of the repair of Old Waterman Exhibit"A" Amendment No.4 to Agreement for Professional Services—AECOM Technical Services,Inc. Page 2 of 3 Canyon Bridge in accordance with Scope of Work proposal, dated February 24, 2011, (attached and incorporated herein as Attachment"I"). 2. Section 5(A) of said Agreement for Professional Services is amended to add the following paragraph: The City shall also reimburse the Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in the performance of work involved in designing the repair of Old Waterman Canyon Bridge as identified in Attachment 2, dated February 24, 2011, in an amount not to exceed $160,793.44. The following is a summary of the costs authorized to date for this project: Description Amount Original Agreement $224,621.00 Amendment No. 1 $25,916.94 Amendment No. 2 $8,000.00 Amendment No. 3 $3,650.00 Amendment No. 4 this request) $160,793.44 Totals $422,981.38 3. All other terms and conditions of said Agreement for Professional Services, Amendment No. 1, Amendment No. 2 and Amendment No. 3 as approved by Resolution Nos. 2006- 145, 2006-376, 2007-135 and 2007-316 shall remain unchanged. Exhibit"A" Amendment No.4 to Agreement for Professional Services—AECOM Technical Services,Inc. f�. Page 3 of 3 AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. AECOM Technical Services, Inc. Date: by: Signature Print Name/Title CITY OF SAN BERNARDINO Date: by: Charles E. McNeely City Manager ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City Attorney By: AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO 4 TO AGREEMENT FOR PROFESSIONAL SERVICES is entered into this day of , 2011, AECOM Technical Services, Inc. ("Consultant") and the City of San Bernardino ("City)." WITNESSETH: A. WHEREAS, on May 15, 2006, Resolution No. 2006-145 was adopted approving Agreement for Professional Services with LAN Engineering Corporation, now known as AECOM Technical Services, Inc., to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement(SS07-14), and B. WHEREAS, on November 6, 2006, Resolution No. 2006-376 was adopted approving Amendment No. 1 to Agreement for Professional Services for additional environmental services for the Design of Old Waterman Canyon Bridge Replacement(SS07-14), and C. WHEREAS, on May 7, 2007, Resolution No. 2007-135 was adopted approving Amendment No. 2 to Agreement for Professional Services authorizing an Initial Site Assessment(ISA) for Old Waterman Canyon Bridge Replacement(SS07-14), and D. WHEREAS, on August 6, 2007, Resolution No. 2007-316 was adopted approving Amendment No. 3 to Agreement for Professional Services authorizing an asbestos survey for Old Waterman Canyon Bridge Replacement (SS07-14), and E. WHEREAS, at City's request, Consultant has submitted a proposal, dated February 24, 2011, to provide Professional Services for the design of the repair of Old Waterman Canyon Bridge(SS07-14), and F. WHEREAS, Consultant's proposed fee is fair and reasonable for the work contemplated. NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 of said Agreement for Professional Services is amended to add that the Consultant shall provide professional services for design of the repair of Old Waterman Amendment No.4 to Agreement for Professional Services—AECOM Technical Services,Inc. Page 2 of 3 Canyon Bridge in accordance with Scope of Work proposal, dated February 24, 2011, (attached and incorporated herein as Attachment"1"). 2. Section 5(A) of said Agreement for Professional Services is amended to add the following paragraph: The City shall also reimburse the Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in the performance of work involved in designing the repair of Old Waterman Canyon Bridge as identified in Attachment 2, dated February 24, 2011, in an amount not to exceed $160,793.44. The following is a summary of the costs authorized to date for this project: Description Amount -Original Agreement $224,621.00 Amendment No. 1 $25,916.94 Amendment No. 2 $8,000.00 Amendment No. 3 $3,650.00 Amendment No. 4 this request) $160,793.44 Totals $422,981.38 3. All other terms and conditions of said Agreement for Professional Services, Amendment No. 1, Amendment No. 2 and Amendment No. 3 as approved by Resolution Nos. 2006- 145, 2006-376, 2007-135 and 2007-316 shall remain unchanged. Amendment No.4 to Agreement for Professional Services—AECOM Technical Services, Inc. Page 3 of 3 AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. AECOM Technical Services, Inc. Date: by: Signature Print Name/Title CITY OF SAN BERNARDINO Date: by: Charles E. McNeely City Manager ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City Attorney By: ��%v,�✓1� ATTACHMENT "1" SCOPE OF WORK For CONSULTING SERVICES TO PROVIDE PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) FOR OLD WATERMAN CANYON ROAD BRIDGE OVER WEST TWIN CREEK BRIDGE REHABILITATION PROJECT February 24, 2011 1.0 PROJECT DESCRIPTION 1.1 Background Structure: The bridge is located at approximately 340 11' 29" north latitude, and 1170 16' 26" west longitude within the San Bernardino National Forest on Old Waterman Canyon Road between the City of San Bernardino and Crestline. The bridge is a single span CIP reinforced concrete T Beam structure, which carries two lanes of traffic (one lane in each direction) over West Twin Creek. The bridge has a total length of approximately 22'-4". The bridge is approximately 26'-1.25" in width, and provides approximately 23'-9" of travelled way. The bridge deck is approximately 1'-3.625"thick. The bridge was constructed in two stages. The first stage was constructed with a depth of approximately 3'-0", and provided for a width of approximately 20'-6". A subsequent widening on the downstream edge of the original construction was constructed with a depth of approximately 3'-3.625", and added an additional width of approximately 5'-7.25". The widening construction included the year of construction cast into the downstream edge of the bridge (1929). Substructures are skewed to the centerline of Old Waterman Canyon Road by approximately 22 degrees. The centerline of Old Waterman Canyon Road is on tangent where it crosses over the bridge. The vertical clearance below the bridge is approximately 8 feet. The superstructure is cast monolithically with the abutments. The construction of the abutments is uncertain since there are no as built plans available. Wingwalls were constructed on each corner of the bridge, and extend approximately 7 feet from the bridge, and are placed at approximately 45 degrees from the bridge alignment. The left wingwall at the end of the bridge (at the northwest corner rt 1 of the bridge) has been exte nded usin g rock and mortar construction, approximately 16 feet on tangent with the original wingwall construction. The invert of West Twin Creek has been lined with concrete at the downstream edge of the bridge. When first observed in 2004, erosion from flowing water had created a waterfall approximately six feet in height at the downstream edge of the bridge. Protect History: On December 25 2003, heavy rains caused the creek in Waterman Canyon to overflow its banks. Flooding waters uprooted fire damaged trees, and carried mud and rocks up to four feet in diameter downstream. The floodwaters and debris plugged the 8 ft high and 20 foot wide opening of the Old Waterman Canyon Bridge. Water and debris overtopped the bridge approximately six feet deep. In 2004 the City contacted LAN Engineering (now a part of AECOM) to perform a field review of the bridge. The flow of water in West Twin Creek had done significant damage to the structure. Both barrier railings and approach guardrails on all four corners of the bridge were completely removed by the storm flows, the upstream edge of the bridge deck, including the exterior girder, was demolished, the girder soffits on the downstream edge of the bridge were damaged, a portion of the face of abutment 2 (north abutment) had been undercut and damaged by flowing water and debris and required repair, and the RH wingwall at abutment 1 (southeast corner of bridge), had been undermined and the roadway embankment washed away by water flowing over the top of the roadway. Plans, specifications and estimates were prepared for the bridge repair, the project was bid and awarded and work was under way in 2005 when another storm added new damages to the bridge and approach embankments. At that time the repair project was cancelled. Based on the FEMA Project Worksheet Report dated June 3, 2005, the roadway surfacing (asphalt pavement) was washed away for a distance of approximately 70 feet on either end of the bridge, the footing for the wingwall at the RH side of abutment 1 was damaged, the rock and mortar wingwall extension on the LH side of abutment 2 was damaged, approximately 50 CY of rock and compacted fill were scoured away from the downstream side of the bridge, a trench approximately 4 feet deep by 4 feet wide and approximately 80 feet in length was cut into the invert of West Twin Creek underneath the bridge, and extending downstream of the bridge, girders underneath the bridge were further damaged,and undercut the RH side of abutment 2. In 2006 it appeared that federal funds would be made available to support the replacement of the bridge. The City requested proposals, and LAN was able to prevail in the competition for the project. PS&E for the replacement project was completed in April, 2008. At that time, the Environmental Document had not been approved, and the project was placed on hold. Prior to the project being advertised, the City was notified by FEMA that the bridge replacement would not be funded. After exhausting the appeal process, the City has resorted to repairing the bridge and approach roadways in lieu of the bridge replacement. 2 Current Bridge Rehabilitation Proiect: The repair work required will include the work to repair damages suffered in 2003, 2005,and 2010. The details that were prepared for the damages suffered in 2003 may have to be modified, and additional work will be required to repair damages caused by the storm flows that occurred during the winter of 2005. Although the majority of the storm damage related to the 2005 event may be focused on additional erosion under the wingwalls and substantial downstream erosion due to the outfall effect at the end of the existing apron, our review of the FEMA Project Worksheet Report leads us to the conclusion that substantial revisions to the existing plan set developed in 2003 may be needed to address the current condition of the bridge. 1.2 STANDARDS Latest Editions AECOM will perform all services under the Agreement in conformance and in compliance with the latest City of San Bernardino Standard Drawings and Specifications, AASHTO Standards, Caltrans Standards, the Standard Specifications for Public Works Construction (SSPWC),and other applicable Standards. Conflicts In case of conflict, ambiguities, discrepancies, errors, or omissions among the reference materials obtained by AECOM from other agencies, AECOM shall submit the matter to the City for clarification. Any work affected by such conflicts, ambiguities, discrepancies, errors or omissions which is performed by AECOM prior to clarification by City shall be at AECOM's risk and expense. In event that any non-standard features become necessary during the initial design, AECOM will prepare the necessary design exceptions following Caltrans guidelines. AECOM will certify the project including PS&E in accordance with Caltrans Local Assistance Procedures. Plans Specifications and Estimates(PS&E) PS&E will be prepared in English units and in conformance with the latest editions of applicable standards. As part of the work involved in the preparation of the PS&E, AECOM will prepare Special Provisions pertaining to items of work included in the plans that are not addressed in the latest editions of applicable standards AECOM will furnish and compile Special Provisions to include the City's contract administration requirements. Reference Materials AECOM will utilize the following references. AECOM will be responsible for ensuring that the most recent version of all reference materials are used, including any addenda and errata. • Manual of Uniform Traffic Control Devices (MUTCD) • MUTCD California Supplement • Standard Specifications for Public Works Construction (SSPWC) 3 • City Standard Drawings and Specifications • Applicable Local Codes and Manuals • Construction Best Management Practices (BMPs) 1.3 DESIGN CRITERIA The following is a general listing of specific design criteria, which will be adhered to. This list is not comprehensive and other standards may apply. AECOM will adhere to all criteria applicable to the project as a matter of standard of practice. Drafting Roadway,Structure and related plans will be prepared on standard plan sheets acceptable to the City. AECOM will submit all final plans on CD ROM using AutoCad file format in accordance with Caltrans' standards. All electronic files will include the engineer's electronic signature and seal. Roadway AECOM will adhere to City of San Bernardino design standards. Design Surveys It is assumed that the City will perform any required design surveys including mapping, necessary to complete a constructible PS&E. This includes horizontal and vertical control, drainage surveys, topographical surveys,cross sections,grid grades, and required documentation. Utilities Conflicts with utilities have been addressed in 2004, for the original bridge repair project, and again in 2006 for the bridge replacement project. AECOM will update the utility information at the project site. In the event that a new utility is identified, and could present a potential conflict, AECOM will be responsible to provide subsurface utility location services to determine horizontal and vertical underground utility positions of the potential conflict. AECOM will have the ability to obtain necessary pothole information including exploration for such information. A potholing subcontractor has not been added to the project development team because the need for such services is considered unlikely. However, supplemental costs have been included in the proposal to cover the costs of this work, should it be needed. 2.0 GENERAL CONDITIONS AND REQUIREMENTS AECOM will carry out the instructions as received from the City's Project Manager and will cooperate with other agencies,which might be stakeholders on the project. In those instances where AECOM believes a better design or solution to a problem is possible, AECOM will promptly notify the City's Project Manager of these concerns,together with the reasons therefore. 4 AECOM will be responsible for the accuracy and completeness of the reports, plans, specifications, estimates, and related material prepared for the project. AECOM will independently check and identify the engineer and checker for all such material prior to any submittal. The plans, concepts, reports, and documentation will be reviewed by the City, and/or the City's designee for conformity to constructability and overall project consistency. Reviews by the City, and/or the City's designee, or other agencies are understood will not include a detailed review or check of design of major j components and related details,or the accuracy with which such designs are depicted on the plans. AECOM will not incorporate materials, or equipment of single or sole source origin without prior written approval of the City. The plans, specifications, estimates, calculations, reports, and other documents furnished under this Scope of Work will be of a quality acceptable to the City and other reviewing agencies. The minimum criteria for acceptance will be a product of neat appearance that is well organized, technically and grammatically correct, and thoroughly checked. The appearance, organization and content of the drawings will be to applicable standards. AECOM will be responsible to bring work up to the quality required for acceptance of the work by the City and other stakeholders. The page identifying preparers of engineering reports, the title for specifications and each sheet of plans, will bear the professional seal, certificate number and expiration date, registration classification, and the signature of the California Registered Professional Engineer(s) responsible for their preparation. AECOM will maintain an organized set of project files that are indexed in accordance with our established filing system. Files will be maintained over the course of project development electronically. The City may audit project files as needed. AECOM will submit all final plans on CD ROM using AutoCad file format. All electronic files will include the engineer's electronic signature and seal. To assist in understanding contract objectives and requirements, AECOM will hold regular meetings with the City and stakeholders as applicable, as-needed and concurred to by the City. The primary purpose of these meetings is to discuss work objectives, AECOM's work schedule, the terms of the contract and other related issues. In addition, the meetings will serve as a forum for resolving any issues related to the PS&E development. AECOM may establish direct contact with governmental regulatory and resource agencies and others in order to obtain information, expertise, and assistance in developing baseline data and resource inventories. AECOM will maintain a record of such contacts and will transmit copies of those records to the City on a regular basis. AECOM will comply with OSHA regulations regarding safety equipment and procedures. While working on the job site, AECOM's personnel will wear hard hats, rubber soled shoes, and appropriate safety vests. 5 Where this Scope of Work requires AECOM to prepare and submit studies, reports, plans, etc., to the City or other agencies, these materials will be submitted in draft as scheduled, and the opportunity provided for reviewing agencies to request revisions, prior to final submission. Throughout the design of this project, AECOM will consider least cost alternatives analysis for major project components, where appropriate. The City's Project Manager will administer the AECOM contract and provide general direction to AECOM. AECOM is responsible for providing a Quality Assurance Program. 3.0-STATEMENT OF WORK 3.1 PROJECT MANAGEMENT/COORDINATION/ADMINISTRATION This task covers project management services including the requirements for meetings, schedules, progress reports, invoicing,and administration of AECOM's work. Coordination and Meetings Meetings will be held to discuss issues pertinent to analysis, design, and effects of the Project. During these meetings, the City, may provide direction for development of the PS&E. AECOM will participate in regular Project Development Team (PDT) Meetings with the City. PDT meetings will be held as needed to confirm preferred rehabilitation design strategies. AECOM Meetinp,Deliverables Following are the meeting materials that AECOM will be responsible for preparing and providing: • Agenda • Decision Log • Handouts • Minutes • Action Item List • Progress plans Administration Following are administrative duties, which shall be performed by AECOM: • Apply for and obtain approvals as required. • Prepare, circulate, and file correspondence and memoranda as appropriate. • Maintain Project files using AECOM's standard filing system. 6 Schedule AECOM will submit an initial Project Schedule within 10 working days following Notice to Proceed. Upon approval by City, this schedule will become the Project Baseline Schedule. Deviations from the approved Project Baseline Schedule will be identified on subsequent Project Schedule updates. The following elements will be included by AECOM in the Schedule: • Work items and deliverables identified in accordance with a Work Breakdown Structure (WBS) developed by AECOM and approved by the City • Work items of other third parties that may affect or be affected by AECOM's activities • All reviews per submittal, number of reviews and duration expected by AECOM based on AECOM'S experience • The Project Schedule shall include all data necessary to represent the total Project and the critical path shall be clearly identified • The order, sequence, and interdependence of significant work items shall be reflected on the Project Schedule • The following list of major tasks shall be used to develop the Project Schedule: Task 1: Project Management/Coordination/Administration Task 2: Environmental Document Verification/Supplemental Environmental technical Studies/Regulatory Permitting Task 3: Site Investigations/Utilities/Mapping/Surveying/Reports Task 4: 65% PS&E Submittal (unchecked details) Task 5: 100% PS&E Submittal (checked details) &Camera Ready PS&E Submittal Task 6: RE Pending File, Final Engineer's Estimate and Final Working Day Schedule Task 7: Construction Bid Support Task 8: Construction Support Task 9: Project Closeout Schedule updates will be part of the Progress Reports. Progress Reports AECOM will report the progress of the work on a monthly basis. Progress shall be based on percent complete such as number of drawings or deliverables completed or estimated progress toward completion. AECOM will submit one copy of a monthly Progress Report to the City Project Manager consisting of a written narrative and an updated bar chart format of the Project Schedule. The narrative portion of the 7 t monthly Progress Report shall describe overall progress of the work, discuss significant issues and present proposed corrective action. Quality Assurance/Quality Control (QA/QC) Plan AECOM will maintain a Quality Assurance/Quality Control Plan throughout the performance of services under this Agreement. The QA/QC Plan is intended to ensure that reports, plans, studies, estimates, and other documents submitted under the Agreement are complete, accurate, checked, conform to standards, and are proofread to meet professional engineering practices in effect at the time of execution of the Agreement, and of a quality acceptable to the City. The following quality control elements will be implimented by AECOM throughout the preparation of PS&E for the project. 1. Independent checking and verification of all calculations including adherence to Caltrans Bridge Independent Check requirements and documentation. 2. Independent checking, correction, and back checking for all plans. Plans will be marked clearly as being checked, signifying that the preparation of the material followed the QA /QC Plan established for the project. 3. The QA / QC Plan will include a procedure where each deliverable is certified by the Quality Manager or Project Manager as being prepared and checked in accordance with the approved CIA/QC Plan. 4. Each deliverable will be certified by the Quality Manager or Project Manager as being prepared and checked in accordance with the approved QA/QC Plan. 5. AECOM's Project Manager or Quality Manager will be qualified and certified to implement the Quality Control and Quality Assurance program. 3.2 ENVIRONMENTAL DOCUMENT SUPPORT The City will develop the Environmental Document needed for construction. It is expected that no additional effort will be needed to support the conclusions or preparation of the final Environmental Document. However, there is a risk that permitting resource agencies may require portions of the existing technical studies to be updated for permitting purposes. In order to provide for this possibility, supplemental funds have been added to the proposal in order to cover the costs of this effort. If needed, AECOM will prepare technical studies to support the environmental clearance and environmental permitting efforts. A detailed scope of work for this effort is included as an attachment to this proposal. The scope of work developed for this task includes effort needed to update technical studies. It is understood that the City will select the work to be performed. The fees required to cover this work have been itemized by task, and are included in the attached proposal as supplemental work. 8 3.3 SITE INVESTIGATIONS/UTILITIES/MAPPING/REPORTS Site Investigations AECOM will conduct a thorough, field investigation of the project site to identifying existing site conditions and physical constraints of the project areas including utilities and all required investigations to prepare PS&E. Design Surveys The City will perform any needed design surveys during this phase. AECOM will identify any survey information needed to complete the PS&E, and will submit a formal request for survey information to the City's Project Manager. Survey will be performed under an existing on-call contract. I The City will provide all survey record information, including documentation and field identification of any benchmarks or monuments that exist at the project site. i f The City will establish centerline control of existing Old Waterman Canyon Road and West Twin Creek. 3.4 65%PS&E SUBMITTAL z AECOM will meet with City staff to review the project, including field review with the City to establish the required scope of rehabilitation required. This review will be the first order of business, and will form the basis for the development of the 65%submittal. AECOM will prepare and submit to the City a Design Standards Exception report for non-standard design features. Deviation from design standards will be reviewed and subject to approval by the City. AECOM will prepare layout plans and structural details for the bridge rehabilitation construction. AECOM will also prepare draft technical special provisions for the bridge rehabilitation. Bridge rehabilitation design will be in accordance with specified criteria per Caltrans, and City Standards. Details and construction specifications will be prepared in accordance with City and Caltrans Standard Plans, Standard Specifications, and Standard Special Provisions. AECOM will develop a marginal estimate of construction costs. Erosion Control and Water Quality Treatment AECOM will develop the required Water Quality Management Plan (WQMP) and incorporate its recommendations into the project's PS&E. An erosion control plan will be prepared to identify the construction Best Management Practices (BMP's)for the project. It is assumed that no long term water quality treatment BMP's will be required for the project, and that the current version (effective March 2011) of the San Bernardino County WQMP template will be in effect. 9 3.5 100%PS&E SUBMITTAL AECOM will incorporate City comments into the bridge rehabilitation plans and estimates as a result of the 65% PS&E review. Where it is not possible or desirable to incorporate certain comments, AECOM will provide a written explanation and meet with appropriate City staff as required in order to resolve differences. AECOM will independently review the unchecked plans, draft special provisions, quantities, and construction cost estimate for the Bridge rehabilitation. AECOM's independent review team will analyze the structure elements, verify member capacities, review the special provisions, and prepare independent quantity calculations. All issues raised by the checkers will be resolved with the structural designers. The final design will reflect agreement among the designers and independent checkers. Prepare a working day construction schedule in consultation with the City, based on the estimated required effort for project construction. AECOM will provide the following information for the City's Project Manager file: • Surveying Notes • Cross Sections As-Needed • Relevant correspondence and memoranda • Engineering calculations • Water Quality Management Plan 3.6 CONSTRUCTION BIDDING PHASE j Bidding procedures will be the responsibility of the City. In addition,the City will: Advise AECOM of bids solicited. Inform AECOM of all issues and inquiries and responses to those inquiries. Provide AECOM with bid results and summary sheets for their review. In the event that items requiring interpretation of the drawings or specifications are discovered during the bidding period, the City will inform AECOM. Any necessary corrective action will either be in the form of an addendum prepared by AECOM and issued by the City or via a covering change order after the award of the construction contract. AECOM will attend a pre-bid meeting. AECOM will draft responses to bidders' inquiries as requested by the City. All such responses will be routed through the City's Project Manager or his/her designee. 3.7 CONSTRUCTION SUPPORT PHASE 10 Construction of the project will be the responsibility of the City's Contractor. During the construction phase, AECOM will work closely with the Project Manager within the budget allotted to assist and provide advice on issues in order to minimize construction conflicts and to expedite project completion. AECOM will attend the pre-construction meeting. AECOM will review all submittals and shop drawings. The review of shop drawings will include bridge working drawing submittals, construction contractor's submittals for substitutions, construction contractor's alternative construction details, steel layout for structures, independent check of construction contractor's falsework submittal and others as requested by the City's Project Manager. If requested by the City, AECOM will prepare additional drawings and change order-supporting documents. Any such additional drawings constitute extra work;therefore, prior approval from the City is required. Any such additional engineering services, drawings, or change order documentation prepared prior to receiving the required approval will beat AECOM's risk and expense. AECOM will visit the job site as requested by the City. AECOM will draft responses to contractor inquiries and RFIs as requested by the City's Project Manager. AECOM will review proposed change orders, draft change order language, and make recommendations as requested by the City's Project Manager. The City will: Inform AECOM of all field changes and Contract Change Orders(CCOs) Prepare and maintain as-built mark-ups in the field In the case of errors and/or omissions,AECOM will furnish additional and/or revised drawings necessary for corrections and change orders. The City will provide a written request for such drawings and AECOM will provide said drawings at no additional cost to the City. AECOM will also provide contract wording for related change orders to the City at no additional cost. AECOM will be responsible for incorporating as-built revisions into the project plans. 3.8 PROJECT CLOSEOUT The City is responsible for maintaining field as-built plans. These marked up plans will form the basis for the development of the Final record drawings. In developing the Final record drawings, AECOM will follow all requirements as specified and submit to the City no later than 60 days after construction contract acceptance by the City. 11 Ali i 3.9 PROJECT SCHEDULE Activity Proposed Date Notice to Proceed April 5,2011 A. Begin Work April 5, 2011 B. Submit 65%PS&E May 3, 2011 C. Submit 100% PS&E to the City May 31, 2011 D. Advertise June 28, 2011 E. Award July 27, 2011 F. Begin Construction August 10, 2011 G. Completion of Construction January 3, 2012 * Dates to be discussed with City staff. Please note that the schedule shown does not anticipate the performance of technical studies in support of the Environmental Document or environmental permitting. If it is determined that it is necessary to update biological technical studies, the schedule must be amended to include time to conduct and report the results of those studies. 12 ATTACHMENT "2" II CITY OF SAN BERNARDINO PROFESSIONAL DESIGN SERVICES FOR DESIGN OF BRIDGE REHABILITATION AT OLD WATERMAN CANYON ROAD OVER WEST TWIN CREEK FEE PROPOSAL FOR BRIDGE REHABILITATION Rev.2 24-Feb-11 AECOM 901 Via Piemonte, 5th Floor Ontario, CA 91764 (909) 579-3050 0 0 a I o �; ko J � 00 M 1- Ln W 0 LD f-4 W O O O O O F" O O F ll� O LAJ -j V N 00 m 00 00 O w m O LD O �D _ 1- N -4 M Ol U V M 00 N M Z Q Vl h N 1D Z 00 00 lD L6 06 Vn tD tn r1l 11 1-4 14 W O. F N O j kA V1 Q J � W 3 0 0 W 3 O O O O W O 0 V N N N O VT (V to m • An 0 a' O O c W Z • Z v O > z cc w Q H U 00 00 00 00 00 00 a O a O O N O N Z z i c m N O N 00 00 � O1 M m (Y1 W Q N 00 m C n V1 Z co ZA C9 0 W N N -4 -4 tn � t/T tR LO Vf Vn to N H a 3 • LL z 0 O O • _ W O LL U O OLL z a z O O Q F= oc Q �- � N � J z W m p � Q D Z a ~^ a OWC Z Q v u w F K z N O z 0 w cc o w N LU LL C z N O W LU z z w F O W O a (7 Q a W z rj 6L F- V Q W N F 06 � 0 O� p J H o7S }O Z G Q w Na Ln w j FF- Q z N 1- CW N o J N Z z Q Z J G • J O * O J p O W H F= ui Z o O 00 V O a a • {J -j O co H W d V J Q C (A • CL H or o a Exhibit Page 1 City of San Bernardino FEE PROPOSAL Project:WATERMAN CANYON BRIDGE REHABILITATION Rev.2-February 24,2011 Client: City of San Bernardino Consultant: AECOM Engineering Corp. Development Services Department 901 Via Piemonte, 5th Floor Public Works/Engineering Ontario, CA 91764 300 North "D" Street San Bernardino, CA 92418-0001 ATTN: Mr. Michael Grubbs ATTN: M. Char Element: Old Waterman Canyon Road Bridge Project No. Bridge Rehabilitation Prepared by: TWD Date: 2/24/2011 Proposed Services: Develop final design,plans, special provisions and final documents for project construction. 0 Manhour Estimate: Man Salary Hours Rate Cost 1 Project Manager 189 150.00 28,350 2 Senior Engineer 218 135.00 29,430 3 Professional Engineer 140 120.00 16,800 4 Associate Engineer 14 90.00 1,260 5 Administrative 32 60.00 1,920 6 Principal/QC/QA 26 210.00 5,460 7 Bridge CAD 106 80.00 8,480 Total Cost+Fee $91,700 Other Direct Costs: Other Direct Costs (Billed at actual cost with receipts) 1 Reproduction $0 2 Copying $141 3 Plotting $356 4 Trans portation/Travel $102 5 Special Deliveries $125 6 Computer Costs $0 Subtotal -In - House ODC $724 Fee (Profit) 0% $0 7 Supplemental Costs $68,369 Subtotal- ODC $69,093 Total Proposed Fee Total Amount $160,793 Exhibit_ Page 2 City of San Bernardino FEE PROPOSAL Project:WATERMAN CANYON BRIDGE REHABILITATION Rev.2-February 24,2011 Client: City of San Bernardino Date:2/24/2011 Element: Old Waterman Canyon Road Bride Pro': Labor Hours by Classification No of 1 2 3 4 5 1 6 7 Total Sheets PM Sr.E PE Assoc Admin QC/QA CAD Subs Hours Subtotal TASKS 00 Project Management and Administration 1 Meetings -$ _$- . .16 32 $2,880 2 Pr'ect Correspondence and Record Keepin 16 16 960 3 Field Visit Subtotal 14 14 32 60 $5,280.00 01 65%SPSBE _1 .—Update Util� r Information--- ----- 4 - 8 _ - --- -- - —12. . _.__$1 560 2 Layout and Detail Plan Sheets 24 56 _ 80 160_ $17,560 3 Technical.Provisions— --_----- -- --- ._...___24 _—__—.-- —__24 -_ $%600- 4 Design Quantities and Cost Estimate 4 10 14 _ $1,950 5 QA/QC 12 12 $2,520 Subtotal 56 66 140 12 80 222 $27,190.00 02 100%SPSBE 1 Peer Review _ _-- 40 ____$4,800 2 Update-Plans and Respond toComments 8 8 40 Pre are Final Estimate 4 4 12 $1,620 4 Incorporate_Final Revisions to SSP's 12 _—. __— __—_.___.1_�_._._.-.._._._.-.51-800 5 PreR4re RE Pending_File.and Calculations— 2 8,. _._._ --- _____ 10 ._----------51y380. 6 QA/QC 6 6 $1,260 Subtotal 26 20 52 6 16 120 $15,380.00 --03___CI_v_ILEngineerin9.------------------------------ ---- _ —4 $--- - - --- _-- -----—12 - — $1,560 _2 Channel GradingandRestoration— _ 16 —40 __--_- _—_ _ _—__--._-56 $7200_. 3 Construction Details 8 32 _ 40 $5,040 _4Technical Prov_isions_.. ---------- —-------- ------ --8 — ---- --- -- -................. ... -4 ............----$1120.0. 5 Quantifies and Estimate 4 4 8_ ___$1,140 6 QA/QC I 1 1 4 4 -___ $840 Subtotal 40 4 80 4 1 128 $16,980.00 04 Bid Support 1 Attend Pre-Bid Meeting 4 4 600 2 _Response to_Bid Inquiries-. .--------__-- _-- 12_ - --___-- -- -- -- _ ___-,-- 12.............._.t-AQ- 3 Pre are Addendum As-Needed 1 8 24 4 10 46 $6,080 Subtotal 24 24 4 10 62 $8,480.00 05 Construction Support 1 Review Concrete Mix Designs ........ _.-.. -- 5 16 _..2 --Review Shop_Drawings_. ._-----__.-----_.--- . _ 8 40 ___--_ - — — — ._.._48 $6,600 2 _Respond,to Contractors BFI's 8 40 __.48 $6,600. 2 Field Review Work As-Needed 8 8 16 $2 280_ Subtotal 29 104 133 $18,390.00 Total 189 218 140 14 1 32 1 725 $91,700.00 t. Exhibit Page 3 City of San Bernardino FEE PROPOSAL Project:WATERMAN CANYON BRIDGE REHABILITATION Rev.2-February 24,2011 Client: City of San Bernardino Date: 2/24/2011 Element: Old Waterman Canyon Road Bridge Proj: 0 Bridge Rehabilitation Ref# Description Unit Amount Cost/Unit Total 1 Reproduction/Plotting Number of Drawings 15 Ea Size of Drawings(Half Size) 1.5 Sq Ft Size of Drawings Full Size 6 Sq Ft Bluelines(Full Size) 0 Sets 0 Sq Ft 0.15 /Sq Ft $0 Xerox(Full Size) 0 Sets 0 Sq Ft 0.50/Sq Ft $0 Sepia transparency(Full Size) 0 Sets 0 Sq Ft 0.80 /Sq Ft $0 Contact Mylars(Full Size) 0 Sets 0 Sq Ft 1.90 /Sq Ft $0 Vellums Full Size 0 Sets 0 Sq Ft 0.95 /Sq Ft 0 Subtotal(1) $0 2 Copying/Binding Reports 0 Sets 100 Sheets 0.08 /Sheet 8 Calculations 2 Sets 200 Sheets 0.08 /Sheet 32 Specifications 3 Sets 200 Sheets 0.08 /Sheet 48 Half Size Drawings 12 Sets 180 Sheets 0.25 /Sheet 45 Bindin (Reports) 5 Ea 5 Tot 1.5 Ea 8 Subtotal(2) $140.50 3 Plotting Plotting(Half Size) 3 Sets 45 Sheets 5.75 /Sheet 259 Plotting Full Size 1 Sets 15 Sheets 6.50 /Sheet 98 Subtotal(3) $356.25 4 Transportation/Travel Flight 0 Ea 0 200 0 Rental Car 0 Days 0 50 0 Hotel/Per Diem 0 Days 0 70 0 Personal Car(Mileage) 100 Miles 2 Trips 0.51 102 Subtotal(4) $102.00 5 Special Deliveries Express Mail 5 Total 1 Ea 25 125 Special Delivery 0 Ea 0 Ea 55 0 Subtotal(5) $125.00 6 Computer Costs Engineering Design 0 Hr 8 0 CAD 0 Hr 24 0 Subtotal(6) $0.00 7 Supplemental Costs Utility Potholing 1,500.00 Environmental SuRport 66,869.44 Subtotal( upp emen a Costs) Total (1 through 7) $67,593.19 SUPPLEMENTAL SERVICES Waterman Canyon Road Bridge Rehabilitation Environmental Scope of Work It is our understanding that the City of San Bernardino(City) is pursuing a rehabilitation project for the Waterman Canyon Road Bridge project. ICF previously prepared biological resources,cultural resources, and water quality reports for use by the City in preparing the CEQA document. As requested, ICF has prepared the below scope and cost related updating the jurisdictional delineation and obtaining the 401 Water Quality Certification, Section 1602 Streambed Alteration Agreement, and Section 404 Permit for the proposed project. It is assumed that the City will continue to be responsible for all other CEQA documentation(including the CEQA document)that is not specified in this scope of work. Only the items specifically included in this scope of work apply. No other effort is assumed or implied. If any other documentation or surveys are required by the City of any of the reviewing agencies then a separate scope and cost will be submitted for approval before c6mmencing with this effort. Project Management and Meetings This task includes management of the environmental effort by the ICF Project Manager and attendance at up to three project meetings by the ICF Project Manager. It is assumed that AECOM would be responsible for preparing the minutes for these meetings with input from ICF. Deliverables: • Project Management(assumes six months) • Attendance by ICF Project Manager at up to three(3)meetings. Biological Resources Task 1. Jurisdictional Delineation and Report A qualified biologist will examine all relevant portions of the site and perform a routine-level preliminary delineation of the extent of potentially jurisdictional waters under both state and federal regulations. Evaluation for federal wetlands will follow the applicable methods in the 1987 manual from the Corps of Engineers and 2008 Arid West supplement from the Corps of Engineers, along with subsequent supporting materials and applicable regulations, policy, and case law. The study area for this work will include the proposed project footprint along with a 200-foot buffer(study area). Evaluation of existing functions and values for jurisdictional areas will be addressed at a qualitative level. Mapping will be performed to reflect the delineated boundaries of any jurisdictional waters and wetlands present. Photographs representative of relevant site conditions will be taken. As part of this task a separate jurisdictional delineation report will be prepared that includes background information, delineation methods, and the results of this delineation in text,tabular, and graphical formats. The report will meet the standard requirements for a delineation report in the applicable regions of the Corps of Engineers, California Department of Fish and Game, and Regional Water Quality Control Board. The field determination with the Corps of Engineers and Department of Fish and Game is included. Agency coordination will occur soon after the initial field work has been conducted to ensure that all agency concerns are addressed. Up to three (3) copies of the draft and five(5) copies of the final report will be provided to the client. It is assumed that the City will review the draft report and provide one set of integrated comments and that a final report will then be provided. Deliverables: • Draft(3 hard copies)and Final(5 hard copies and one cd)Jurisdictional Delineation Report Permitting Task]: Management, Meetings, and Coordination Communication and coordination will be facilitated through progress meetings and project conference calls. The ICF Permitting Lead will attend up to two (2) project related meetings with the City. Meetings beyond this amount would be charged on a time and materials basis. This task also includes the coordination and management efforts by the ICF Permitting Lead. Task 2: Review of Project Information and Applicable Literature Readily available,potentially relevant project,regulatory, and biological resource information will be reviewed prior to any fieldwork. It is assumed that no revisions to the Jurisdictional Delineation Report prepared for the proposed project(as described previously)will be required by the permitting agencies. No additional biological analyses, reporting, or delineation work is assumed or included in this scope of work beyond what is done as part of the Biological Resources scope of work provided above. Task 3: Preparation of a U.S. Army Corps of Engineers 404 Authorization Application This scope and cost assumes that the project would be processed under the USACE Nationwide Permit (NWP)Program. Although not expected, if the District Engineer determines that the project would result in a significant adverse impact to the aquatic environment or if the impacts to wetlands or waters of the U.S. exceed NWP thresholds,then an Individual Permit(IP)would be required. The preparation and processing of an IP has not been included in this scope of work and budget; however, if an IP is required then a scope and budget for performing these services would be provided to AECOM and the City for approval prior to conducting this work. A written request for Authorization under the 404 NWP program will be prepared and submitted to AECOM and the City for review and submittal to the USACE. Any fees associated with the application are assumed to be the responsibility of the City and are not included in the attached cost estimate. The request for a NWP generally includes: 1. Detailed description of the proposed project, including grading plans provided by the Applicant. 2. Detailed description of the jurisdictional areas to be impacted by the proposed project. 3. Discussion of approvals and certifications being obtained from other federal, state, or local agencies. 4. Conceptual Restoration plan. The conceptual plan involves identification of available mitigation(i.e., local mitigation banks, onsite restoration, etc.) and a brief description of the mitigation proposal in the permit applications. This task does not include preparation of a Habitat Mitigation and Monitoring Plan(HMMP)which would be required prior to construction for on-or off-site habitat restoration or creation, if required. 5. The Streambed Alteration Notification package submitted to the CDFG. 6. The request to the RWQCB for water quality certification(or a waiver thereof). 7. The request to the State Historical Preservation Office(SHPO) for information regarding the potential presence of historical properties and the cultural resource report submitted to the Applicant in response. Task 4: Preparation of a Regional Water Quality Control Board 401 Water Quality Certification Notification A written request for 401 water quality certification will be prepared and submitted to the RWQCB for processing. The request will include a completed application form, detailed project description, a description of proposed impacts, a water quality plan identifying project-specific Best Management Practices(BMPs) (assumed to be provided by AECOM),the approved CEQA Document, and a conceptual mitigation plan. It is assumed that the conceptual mitigation plan that is prepared for the proposed project will not require more than 60 hours for preparation. If additional time is required then this will be communicated to the City and AECOM and a scope and cost for any additional efforts will be provided. This task assumes that permit application fees will be provided by the City. These fees are not included in the cost estimate that is attached. Task 5: Preparation of a California Department of Fish and Game 1602 Streambed Alteration Agreement Notification A Section 1602 Streambed Alteration Agreement Notification will be prepared and submitted to the CDFG for processing. The request will include a completed application form, detailed project description, a description of proposed impacts,the CEQA Notice of Determination, and a conceptual mitigation plan. It is assumed that the conceptual mitigation plan described under Task 4 will be sufficient for use under this task and that no additional plan will be required. This task assumes that permit application fees will be provided by the City. These fees are not included in the cost estimate that is attached. Task 6: Local, State and Federal Regulatory Agency Coordination ICF will coordinate with the applicant(City) and the resource agencies (RWQCB, CDFG, and USACE)throughout the permit processing period. Based upon previous experience, the permit process described above is expected to require 90 days from the time of submittal, but may take longer if interagency coordination is required (e.g. Section 7 consultation with the U.S. Fish and Wildlife Service (USFWS)). This scope of work includes up to 50 hours of agency coordination time, which may include the following activities: formally responding to comments on permit applications, informal telephone correspondence to address any questions and ensure rapid processing, and potentially 1 (one) site visit or meeting with regulatory agency staff. As the extent of agency comments can be unpredictable, coordination required above the 50 hours will be billed on a time and materials basis. Other coordination activities may be required depending on the extent of Project impacts and/or unforeseen legislative changes. 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