HomeMy WebLinkAbout05.CA- Public Works 5.CA
RESOLUTION (ID #2831) DOC ID: 2831 D
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Robert Eisenbeisz M/CC Meeting Date: 06/16/2014
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 1
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving an
Agreement for Services with Tetra Tech for Design of the Replacement of 2Nd Street Bridge at
Warm Creek, Federal Aid Project No. BRLS-5033(052), Capital Improvement Project No. SS13-
001,Bridge No. 54C-0411. (#2831)
Current Business Registration Certificate: Yes
Financial Impact:
BEFORE BUDGET ADJUSTMENT:
Account No. 129-160-5504-7841-0025
Account Description: 2nd Street Bridge Replacement at Warm Creek
Account Budgeted Amount: $100,000
Balance as o£ May 8,2014: $107,000
Budget Amount after Proposed Amendment: $175,000
Balance after Approval of this Item: $172,000
Account No. 242-160-5504-7841-0025
Account Description: 2nd Street Bridge Replacement at Warm Creek
Account Budgeted Amount: $0.00
Balance as of. May 8, 2014: $0.00
Budget Amount after Proposed Amendment: $374,760
Balance afer Approval of this Item: $374,760
Please note this balance does not indicate available funding. It does not include non-encumbered
reccurring expenses or expenses incurred,but not yet processed.
Motion: Adopt the Resolution.
Synopsis of Previous Council Action:
04-22-12 Approved Resolution No. 2013-76, adopting the City Budget for FY 2012-13 and
FY 2013-14.
Background:
In 2005, an inspection by the California Department of Transportation (Caltrans) Structures
Inspection Division revealed that one of the 20 wood columns supporting the 2nd Street Bridge
over Warm Creek was decayed and is no longer providing support for the structure. Although
the loss of support from the decayed column has not resulted in any apparent distress to the
Updated: 6/10/2014 by Jolena E.Grider D I Packet Pg.921
2831
bridge,the loss of support reduces the ability of the structure to resist earthquake loads.
On January 10, 2012, Caltrans approved the City's application for Federal Highway Bridge
Funds in the amount of$2,698,549 for replacement of the bridge, which included $374,760 for
Preliminary Engineering (Environmental Document) and Design of the replacement bridge (see
attached documents).
On December 18, 2012, Proposals for the design were received from the consulting firms of
Tetra Tech, ICF, and J. L. Patterson. Staff evaluated the proposals in accordance with the system
outlined in the Caltrans Local Assistance Programs Manual (LAPM). The firm of ICF was the
highest rated Proposer; however, subsequent negotiations with ICF did not result in an
acceptable Scope of Services and Fee. Therefore, negotiations with ICF were ended.
Staff invited the second highest rated Proposer, Tetra Tech, to submit a Scope of Services and
Fee for the work, which was determined to be acceptable. Tetra Tech submitted a Scope of
Services and Fee for the project that is broken into two phases. The first phase will consist of all
requirements that will definitely be needed to complete the environmental document and the
design of the Project. The fee for the first phase is $470,790. The second phase will consist of
several optional tasks (Project website, noise study, air quality study and USACE/USFWS
Section 7 Consultation) and construction support. The need for optional tasks will be determined
as the project moves through the environmental process. The additional fee for the second phase
is $93,600. If all tasks required by both phases are needed,the total cost will be$564,390.
.^ Tetra Tech's fee of $470,790.00 for the first phase exceeds the Federal funding obligation by
Kf $96,030. This amount is in addition to the required local match in the amount of$42,984.97 for
a total cost to the City of$139,014.97 for the first phase of design and environmental services.
Staff will submit to Caltrans an application to adjust the authorization for Preliminary
Engineering by an additional amount of$93,600.00 to cover the second phase of optional tasks.
If the additional authorization is approved, the City's share of the Phase 11 cost will be
$10,735.92.
The total amount of the City's local share for the entire Scope of Services (environmental
document and design engineering) (Phases I & II) will be $149,750.89. The federal share will be
$468,360.00 for a total cost of$564,390.00.
Staff recommends that the first phase in the amount of$470,750.89 be approved now and that
the "Optional Tasks" in the amount of$93,600.00 will come back for consideration if and when
the Federal Funding adjustment is authorized.
City Attorney Review:
Supporting Documents:
reso 2831 (PDF)
agrmt 2831 (PDF)
Attach 1 - Scope of Services (PDF)
Attach 2 - Fee Proposal (PDF)
Attach 3 -Preliminary Project Schedule (PDF)
Updated: 6/10/2014 by Jolena E.Grider D Packet Pg. 922
�"
2831
Location Map (PDF)
Fully Approved E-76 for PE 2nd St Bridge over Warm Ck (PDF)
Approved E-76 for PE 2nd St Bridge over Warm Ck (PDF)
Updated:6/10/2014 by Jolena E.Grider D Packet Pg. 923
5.CA.a
I RESOLUTION NO.
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING AN AGREEMENT FOR SERVICES WITH
3 TETRA TECH FOR DESIGN OF THE REPLACEMENT OF 2ND STREET BRIDGE
4 AT WARM CREEK, FEDERAL AID PROJECT NO. BRLS-5033(052), CAPITAL
IMPROVEMENT PROJECT NO. SS13-001, BRIDGE NO. 54C-0411.
d
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE v
6 CITY OF SAN BERNARDINO AS FOLLOWS:
7 SECTION 1. TETRA TECH, located at 301 E. Vanderbilt Way, Suite 450, San
a�
8
Bernardino, CA 92408, is a competent, experienced consulting engineering firm and has m`
9
provided the most advantageous and best proposal to provide consulting engineering services r
10 N
for the design of bridge replacement at 2,d Street and Warm Creek Federal Aid Project No. o
11
12 BRLS-5033(052), Capital Improvement Project No. SS13-001, Bridge No. 54C-0411. An o
r
13 Agreement in the not-to-exceed amount of$470,790.00, with said firm to perform said design, E
Q
14 is attached hereto as Exhibit "A" and made a part hereof Pursuant to this detennination, the CL
15 1X
Purchasing Manager is hereby authorized and directed to issue a Purchase Order for said
16
services to said firm, which references this Resolution. °
17
0
18 SECTION 2. The Director of Administrative Services is hereby authorized and
3
Q
19 directed to appropriate additional funds using previously unallocated Measure I (Fund 129)
20
funds and to change the adopted FY 2013/14 Budget to add $75,000 to Project SS13-001
21
co
(Account No. 129-160-5504-7841-0025) "2nd Street Bridge Replacement at Warm Creek" o
22
23 for a total amended budget of$172,000.
c
a
E
24 SECTION 3. The Director of Administrative Services is further authorized and
25 directed to amend the adopted FY 2013/14 Budget to create Account No. 242-160-5504- Q
26
27 7841-0025 "2nd Street Bridge Replacement at Warm Creek" and appropriate $374,760
28 representing the Federal Funding that will be reimbursed by Caltrans through the Federal
1
Packet Pg.924
I Highway Bridge Replacement Program.
2 SECTION 4. The City Manager is hereby authorized and directed to execute said
3 Agreement on behalf of the City.
4 SECTION 5. The authorization to execute the above-referenced Agreement is
5
rescinded, if it is not executed within ninety(90) days of the passage of this Resolution. �
6
7
8
m
9
10 Cn
11
12 0
13 E
14
15 ; ce
16
U
17 o
18
19
Cl)
co
20 N
21 M
co
N
22 Cn
Y/
23
E
24 s
w
25 a
26
27
28
2
Packet Pg.925
5.CA.a
I RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
2 OF SAN BERNARDINO APPROVING AN AGREEMENT FOR SERVICES WITH
TETRA TECH FOR DESIGN OF THE REPLACEMENT OF 2ND STREET BRIDGE
3 AT WARM CREEK, FEDERAL AID PROJECT NO. BRLS-5033(052), CAPITAL
4 IMPROVEMENT PROJECT NO. SS13-001,BRIDGE NO. 54C-0411.
5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
v
6 and Common Council of the City of San Bernardino at a meeting
7 thereof,held on the day of , 2014, by the following vote,to wit:
8
L
Council Members: AYES NAYS ABSTAIN ABSENT 0°
9
L
10 MARQUEZ in
c
11 BARRIOS
Cn
12 VALDIVIA 0
13
SHORETT d
14
NICKEL
15 r
16 JOHNSON
0
17 MUL,VIHILL v
0
18
3
19 a
Georgeann Hanna, City Clerk M
20 co
The foregoing resolution is hereby approved this day of ,2014. r
21 co
N
22
L
23 R. CAREY DAVIS, Mayor
City of San Bernardino
24
U
Approved as to form: 2
25 GARY D. SAENZ, City Attorney a
26
27 By ��� � �
28
3
Packet Pg. 926
'.CA.b
0 AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE
REPLACEMENT OF SECOND STREET BRIDGE AT WARM CREEK, FEDERAL
AID PROJECT NO. BRLS-5033(052), CAPITAL IMPROVEMENT PROJECT NO.
SS13-001, BRIDGE NO. 54C-0411.
THIS AGREEMENT is made and entered into this day of
2014 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city �
("City"), and TETRA'TECH ("Consultant"). v
E
L
WITNESSETH :
�a
A. WHEREAS, City proposes to have Consultant provide professional civil engineering
services for design of the replacement of Second Street Bridge at Warm Creek, Federal Aid
Project No. BRLS-5033(052), Capital Improvement Project No. SS13-001, Bridge No. 54C- T
0411 as described herein below; and L
Cn
B. WHEREAS, Consultant represents that it has that degree of specialized expertise o
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and N
w
O
C. WHEREAS, City and Consultant desire to contract for specific services in connection
with the project described below (the"Project") and desire to set forth their rights, duties and
' liabilities in connection with the services to be performed; and a
D. WHEREAS, no official or employee of City has a financial interest, within the
provisions of California Government Code, Sections 1090-1092, in the subject matter of this
Agreement. O
U
O
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows: 3
Q
1.0. SERVICES PROVIDED BY CONSULTANT M
co
rl
I.1. Scope of Services. Consultant shall provide professional civil engineering M
services for design of the replacement of Second Street Bridge at Warm Creek, Federal Aid co
Project No. BRLS-5033(052), Capital Improvement Project No. SS13-001, Bridge No. 54C- E
0411 in accordance with Consultant's Proposed Scope of Work dated May 7, 2014, attached
and incorporated herein as Attachment"1". W
a�
1.2. Professional Practices. All professional and contracting services to be U
provided by Consultant pursuant to this Agreement shall be provided by personnel
experienced in their respective fields and in a manner consistent with the standards of care, Q
diligence and skill ordinarily exercised by professional consultants in similar fields and
circumstances in accordance with sound professional practices. Consultant also warrants
that it is familiar with all laws that may affect its performance of this Agreement and shall
advise City of any changes in any laws that may affect Consultant's performance of this
Agreement.
E''�ttirt>�5�z`ntpinit0_}t0\l,):itl
SO_t6 ,5 c7;t} l},;:itt:17z:�. -irib��ri_ircliir.u'itti•�� r;��n?��!•r�hi�i!�cxst .<:i.I�,`.!_>. ::.�`
4Vf.7f '\Aftas'?it tt`.i t��id.nr.cluc
'I ;i
5.CA.b
1.3. Warrantv. Consultant warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages; occupational
health and safety; fair employment and employment practices; workers' compensation
insurance and safety in employment; and all other Federal, State and local laws and
ordinances applicable to the services required under this Agreement. Consultant shall
indemnify, defend, and hold harmless City from and against all claims, demands, payments,
suits, actions, proceedings, and judgments of every nature and description including E
attorneys' fees and costs, presented, brought, or recovered against City for, or on account of
any liability under any of the above-mentioned laws, which may be incurred by reason of
Consultant's performance under this Agreement. <D,
L
1.4. Non-discrimination. In performing this Agreement, Consultant shall not T
engage in, nor permit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition, marital status, sexual gender or sexual orientation, or any other category o
protected by law, except as permitted pursuant to Section 12940 of the Government Code. a
rn
Violation of this provision may result in the imposition of penalties referred to in Labor o
Code, Section 1735. .
E
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter into
agreements with other Consultants for services similar to the services that are subject to this a
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement.
L
1.6. Delegation and Assignment. This is a personal service contract, and the duties 0
U
set forth herein shall not be delegated or assigned to any person or entity without the prior o
written consent of City.
3
1.7. Business License: The Consultant shall obtain and maintain a valid City Q
Business Registration Certificate during the term of this Agreement. CO
00
N
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees M
that as the City's representative the Consultant shall maintain a fiduciary duty and a duty o€ N
loyalty to the City in performing Consultant's obligations under this Agreement. Consultant, E
in performing its obligations under this Agreement, is governed by California's conflict of
Cz
interest laws, Government Code Section 87100 et seq., and Title 2, California Code of r
Regulations Section 18700 et seq.
1.8.1 Prior to performing any services to City under this Agreement, Consultant U
shall provide the City Engineer a written list of the Assessor Parcel Numbers and general Q
location or address of any and all real property located in the City of San Bernardino in
which Consultant has any ownership interest, or which is the location of any pending project
that is a source of income for Consultant. Consultant shall keep this list current on a monthly
basis during the entire term of this Agreement.
f
t?t�ntl__he\L.Cn-
4t�ttiilr*ti\Trtn�Y\lli��i,telYa��'��:::YiYI>{v�uari i>.Y;�ci i�r.t!sank:�.>rr�aruiY+:x�.t�tia.IQ?�;?.c.,,TS\b`:'CxeA\r1 t t<iC.hlYYti.LYlS\%=28.�1){'
2 Packet Pg. 928
1.82 Consultant shall not work on any task that is related to any real property that
is located within 500 feet of any parcel in which Consultant has any ownership interest or
which is the location of any pending project that is a source of income for Consultant.
2.0. COMPENSATION AND BILLING
2.1. CoMpensation. Over the term of this Agreement, Consultant shall be paid for
such services an amount not to exceed $470,790 pursuant to Consultant's fee proposal dated U
April 29, 2014 in accordance with the Professional Proposal from Consultant attached and E
incorporated herein as Attachment"T'.
2.2. Additional Services. Consultant shall not receive compensation for any 0)
services provided outside the scope of services specified in this Agreement unless the City or :2
its Project Manager for this Project, prior to Consultant performing the additional services, T
approves such additional services in writing. It is specifically understood that oral requests
and/or approvals of such additional services or additional compensation shall be barred and co
are unenforceable.
0
(n
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager 4--
0
for approval on a progress basis, but no more often than monthly. Said invoice shall be —
based on the total of all Consultant's services which have been completed to City's sole
E
satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date
City receives said invoice. Each invoice shall describe in detail, the services performed and
the associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as "Additional Services" and shall identify
the number of the authorized change order, where applicable, on all invoices.
0
2.4. Records and Audits. Records of Consultant's services relating to this
0
Agreement shall be maintained in accordance with generally recognized accounting "a
co
principles and shall be made available to City or its Project Manager and/or audit at mutually
convenient times for a period of three(3)years from the Effective Date.
co
3.0. TIME OF PERFORMANCE
3.1. Commencement and Completion of Work. The obligation to perform the co
professional and contracting services pursuant to this Agreement shall commence within five E
(5) days from the Effective Date of this Agreement. Said services shall be performed in strict
compliance with the Consultant's Project Schedule attached and incorporated herein as
Attachment 3. Failure to commence work in a timely manner and/or diligently pursue work
E
to completion may be grounds for termination of this Agreement.
3.2. Excusable DelUs, Neither party shall be responsible for delays or lack of <
performance resulting from acts beyond the reasonable control of the party or parties. Such
acts shall include, but -not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or any other conditions beyond the
reasonable control of a party.
':V1kX:u1.V-w11b.,ard Sefibl'p\fnfil!
7428.doc
3
1 Packet Pg. 929
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and continue
until the professional civil engineering services for design of the replacement of Second
Street Bridge at Warm Creek, Federal Aid Project No. BRLS-5033(052), Capital
Improvement Project No. SS13-001, Bridge No 54C-0411 are completed or June 30, 2017
whichever is sooner, unless previously terminated as provided herein or as otherwise agreed
to in writing by the parties.
E
L
4.2. Notice of Termination. The City reserves and has the right and privilege of y
canceling, suspending or abandoning the execution of all or any part of the work
contemplated by this Agreement, with or without cause, at any time, by providing written
notice to Consultant. The termination of this Agreement shall be deemed effective upon
receipt of the notice of termination. In the event of such termination, Consultant shall m
immediately stop rendering services under this Agreement unless directed otherwise by the
City.
c
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional and contracting services satisfactorily performed to
up to and including the date of City's written notice of termination. Compensation for work °
in progress shall be prorated as to the percentage of work completed as of the effective date 0
of termination in accordance with the fees set forth herein. In ascertaining the professional Q
and contracting services actually rendered hereunder up to the effective date of termination Q
of this Agreement, consideration shall be given to both completed work and work in
progress, to complete and incomplete drawings, and to other documents pertaining to the
services contemplated herein whether delivered to the City or in the possession of the
Consultant. 0
L)
0
4.4 Documents. In the event of termination of this Agreement, all documents 20
CU
prepared by Consultant in its performance of this Agreement including, but not limited to,
finished or unfinished design, development and construction documents, data studies, a
drawings, maps and reports, shall be delivered to the City within ten(10) days of delivery of M
termination notice to Consultant, at no cost to City. Any use of uncompleted documents co
without specific written authorization from Consultant shall be at City's sole risk and without
liability or legal expense to Consultant. co
Y
E
5.0. INSURANCE
Y
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
Y
Y
(a) Comprehensive general liability, including premises-operations, Q
products/completed operations, broad form property damage, blanket
contractual liability, independent Consultants, personal injury with a
policy limit of not less than One Million Dollars ($1,000,000.00),
combined single limits,per occurrence and aggregate.
!.oc'unitnits mid itin 5\em}m.ru_li�\i.ixxal
it tin, r,xit,,cct=� ari'r,.. rtr�r�iilicX'ihe+i.fQ SZ.c:c:r.\E4`ork\.�tie�c?7nicrits\? 18.ic?:
4
Packet Pg. 930
(b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers` compensation insurance as required by the State of
California.
L
V
(d) Professional errors and omissions ("E&O") liability insurance with E
policy limits of not less than One Million Dollars ($1,000,000.00),
combined single limits, per occurrence and aggregate. Consultant a
shall obtain and maintain, said E&O liability insurance during the life a)
of this Agreement and for three years after completion of the work
hereunder. m
L
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions: o
U
w
(a) Additional insureds: "The City of San Bernardino and its elected and 4-
appointed boards, officers, agents, and employees are additional °
i=
insureds with respect to this subject project and contract with City." CD
a)
U
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor a
the coverage reduced,until thirty(30) days after written notice is given
to City."
r
(c) Other insurance: "Any other insurance maintained by the City of San o
Bernardino shall be excess and not contributing with the insurance o
provided by this policy." 20
5.3. Certificates of Insurance. Consultant shall provide to City certificates of Q
insurance showing the insurance coverages and required endorsements described above, in a M
form and content approved by City,prior to performing any services under this Agreement. co
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
6.0. GENERAL PROVISIONS
6.1. Entire Agreement. This Agreement constitutes the entire Agreement between y
the parties with respect to any matter referenced herein and supersedes any and all other prior Q
writings and oral negotiations. This Agreement may be modified only in writing, and signed
by the parties in interest at the time of such modification. The terns of this Agreement shall
prevail over any inconsistent provision in any other contract document appurtenant hereto,
` including exhibits to this Agreement.
C:�:,C,)cxu n..0 i.iiti ar:d�.(f ini;y�cmp�iw.,,iie\I_t.ka s
'^4:tti:i};s\iciztip\\ti:Sul,:7'��sc�\s.:tnlx.rii�rdi�ux.i!)cam`s��i'^�r��:�r<ti�i+.a�i.}'ca.l(.�*�.t',e,-,m\4Vark\r\tta�uiiE:i.rts\ �:?ti.dvc_
5
Packet Pg. 931
6.2. Representatives. The Public Works Director or his designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on behalf a
of Consultant called for by this Agreement, except as otherwise expressly provided in this 0
Agreement. g
M
6.3. Project Managers. City shall designate a Project Manager to work directly
with Consultant in the performance of this Agreement.
Consultant shall designate a Project Manager who shall represent it and be its m
agent in all consultations with City during the term of this Agreement. Consultant's Project
Manager shall attend and assist in all coordination meetings called by City. N
6.4. Notices. Any notices, documents, correspondence or other communications U
concerning this Agreement or the work hereunder may be provided by personal delivery,
facsimile or mail and shall be addressed as set forth below. Such communication shall be °
deemed served or delivered: a) at the time of delivery if such communication is sent by
personal delivery; b) at the time of transmission if such communication is sent by facsimile;
and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if Q
such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Molly Mell,P.E. Tony Frossard o
TETRA TECH Director of Public Works -
301 E. Vanderbilt Way,Suite 450 300 North"D" Street 20
San Bernardino, CA 92408 San Bernardino, Ca 92418 3
Tel: (909) 381-1674 Tel: 909-384-5140 Q
Fax: (909) 889-1391 Fax: 909-384-5190
N-
6.5. Attorneys' Fees. In the event that litigation is brought by any party in r,
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the E
prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement
of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the
City Attorney and members of his office in enforcing this contract on behalf of the City shall
be considered as"attorneys' fees" for the purposes of this paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed under Q
the laws of the State of California without giving effect to that body of laws pertaining to
conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the
parties hereto agree that the sole and exclusive venue shall be a court of competent
jurisdiction located in San Bernardino County, California.
:x'ttTtl�,ti\'4'��rnEt`i�3�.qutc:Trac.�\5itil�?C.t'ilctt'(�l`1(�::I.t1`Ct7j i'scl21�R.�:ir4Til.lfl(?:;'1(Y�1.�(,,?>'�?.CCTT!\Yi`DC1C�,i�tt,;ii:�7TYtt:1}t5\!=i;,?k.i.�<'i'
6
Packet Pg.932
5.CA.b
6.7. Assifnment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release
Consultant of Consultant's obligation to perform all other obligations to be performed by
Consultant hereunder for the term of this Agreement.
U
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, E
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage to
property or injuries to or death of any person or persons or damages of any nature including,
but not by way of limitation, all civil claims or workers' compensation claims, arising out of CO
or in any way connected with the intentional or negligent acts, errors or omissions of
Consultant, its employees, agents or subcontractors in the performance of this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an o
independent Contractor and not as an employee of City. Consultant shall secure, at its a
expense, and be responsible for any and all payment of Income Tax, Social Security, State o
Disability Insurance Compensation, Unemployment Compensation, and other payroll _
deductions for Consultant and its officers, agents, and employees, and all business licenses, if E
any are required, in connection with the services to be performed hereunder. v
C.
6.10 Ownership of Documents. All findings,reports, documents, information and
data including, but not limited to, computer tapes or discs,files and tapes furnished or
prepared by Consultant or any of its subcontractors in the course of performance of this
Agreement, shall be and remain the sole property of City. Consultant agrees that any such 0
documents or information shall not be made available to any individual or organization o
without the prior consent of City. Any use of such documents for other projects not
contemplated by this Agreement, and any use of incomplete documents, shall be at the sole Q
risk of City and without liability or legal exposure to Consultant. City shall indemnify and
hold harmless Consultant from all claims, damages, losses, and expenses, including
attorneys' fees, arising out of or resulting from City's use of such documents for other N
projects not contemplated by this Agreement or use of incomplete documents furnished by M
Consultant. Consultant shall deliver to City any findings,reports, documents,information, CO
data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any E
other Project related items as requested by City or its authorized representative, at no
additional cost to the City.
a�
6.11 Public Records Act Disclosure. Consultant has been advised and is aware that
all reports, documents, information and data including, but not limited to, computer tapes, r
discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided Q
to City may be subject to public disclosure as required by the California Public Records Act
(California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be
those documents or information that qualify as trade secrets, as that term is defined in the
California Government Code Section 6254.7, and of which Consultant informs City of such
trade secret. The City will endeavor to maintain as confidential all information obtained by it
C":\t:.kx•t:ut�c�itts;at�:i`>E:ttit-t};`,\cm},c�ri<,_}tc\icx.�i
'_it"tt7[t f!i\tClll},\.�ttilUtt'fray\smttxr�ui;•ctinrx:tty�xin.=..:�4,;rta;>nYRi�dirt;xit}'<.:<,.i:�h3?.GC?tt.�\�4 nrk\it t;3t:t��i!c�;�t<�\7i2Z;.�.1cx-
7
Packet Pg. 933
that is designated as a trade secret. The City shall not, in any way, be liable or responsible for
the disclosure of any trade secret including, without limitation, those records so marked if
disclosure is deemed to be required by law or by order of the Court.
6.12. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification and/or Y
explanation as may be required by the City's representative, regarding any services rendered d
under this Agreement at no additional cost to City. In the event that an error or omission 0
attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all E
necessary design drawings, estimates and other professional or contracting services necessary
j to rectify and correct the matter to the sole satisfaction of City and to participate in any
meeting required with regard to the correction. a�
L
6.13, Prohibited Employment. Consultant will not employ any regular employee of 0°
City while this Agreement is in effect.
6.14. Order of Precedence. In the event of an inconsistency or conflict in this o
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this
Agreement shall prevail. o
c
6.15. Costs. Each party shall bear its own costs and fees incurred in the preparation
and negotiation of this Agreement and in the performance of its obligations hereunder except
as expressly provided herein. c.
6.16. No Third Party Beneficiary Rights. This Agreement is entered into for the
sole benefit of City and Consultant and no other parties are intended to be direct or incidental
beneficiaries of this Agreement and no third party shall have any right in, under or to this o
0
Agreement. o
L
6.17. Headings. Paragraphs and subparagraph headings contained in this 3
Agreement are included solely for convenience and are not intended to modify, explain or to Q
be a full or accurate description of the content thereof and shall not in any way affect the M
00
meaning or interpretation of this Agreement. N
M
6.18. Construction. The parties have participated jointly in the negotiation and co
drafting of this Agreement. In the event an ambiguity or question of intent or interpretation E
arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly
by the parties and in accordance with its fair meaning. There shall be no presumption or
burden of proof favoring or disfavoring any party by virtue of the authorship of any of the E
provisions of this Agreement.
�a
i.+
6.19 Amendments. Only a writing executed by the parties hereto or their respective Q
successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No
L'iil,11 is Pd``^ ttiI);;:\on FY'tttl...1.
tic`I'tt 11 gS\ ,-.m1J?\NMi,it, i ta!d 7-4 d:+i
8
Packet Pg.934
waiver of any provision of this Agreement shall be effective unless in writing and signed by a
duly authorized representative of the party against whom enforcement of a waiver is sought.
The waiver of any right or remedy with respect to any occurrence or event shall not be
deemed a waiver of any right or remedy with respect to any other occurrence or event, nor
shall any waiver constitute a continuing waiver.
Y
6.21. Severability. If any provision of this Agreement is determined by a court of
L
competent jurisdiction to be unenforceable in any circumstance, such determination shall not U
affect the validity or enforceability of the remaining terms and provisions hereof or of the E
offending provision in any other circumstance.
6.22. Counterparts. This Agreement may be executed in one or more counterparts,
each of which shall be deemed an original. All counterparts shall be construed together and m
shall constitute one agreement.
ai
L
t+
6.23. Corporate Authority. The persons executing this Agreement on behalf of the N
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of o
said parties and that by doing so, the parties hereto are formally bound to the provisions of in
this Agreement. o
c
6.24 Damages. The Parties agree to waive any rights to incidental or consequential
and punitive damages arising out of performance under this Agreement whether in torts or in
contracts or in law or in equity. a
aL
L
O
U
I// o
-a
L
3
a
M
CO
N
r
M
CO
N
r
E
L
.i+
C�C
C
s
U
r
Q
(.�:\C -.:'i t',U'1.�t`• ,1'at�c.f:�li]. 1,\l'!?F?t'R�i..}i,l l,r k•�ti
got tings\Tong\"v°.imitcl•raq\saiAK°t'7 ilc.!li4\.+?h.1ik'
9
AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE
REPLACEMENT OF SECOND STREET BRIDGE AT WARM CREEK,FEDERAL
AID PROJECT NO. BRLS-5033(052), CAPITAL IMPROVEMENT PROJECT NO.
SS13-001,BRIDGE NO. 54C-0411.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed Y
by and through their respective authorized officers, as of the date first above written.
U
CITY OF SAN BERNARDINO, CONSULTANT
A Municipal Corporation TETRA TECH
�L
By m
Allen J. Parker, City Manager Signature
rn
c
0
U
Name and Title 4-
0
c
CD
E
m
U
CL
Approved as to form:
0
Gary D. Saenz, o
City Attorney U
.~
0
By: , Q
M
00
N
r
M
00
N
r
E
L
07
RS
r
G
d
E
s
c�
Y
Q
':\i'ctCU.m:nts r:itul`.et.tittr s\c.r.;ti:n„_I}ls\f..lM'Al�
� ��:�t;°>\1�•:nn"t .ttt+tc'`t ,����.:s*ll�� t.riiist±ktiEt•«��jt"�astuc:r:t�tri�:��,��tt',l:a.Et,?�#?�t�tt4.`.,41�c,rF:\;�thcl�titcz=�tS� �E?t�.ti{x
10
ATTACHMENT 1
U
E
SCOPE OF SERVICES
FOR 2
'L
m
T
d
d
i
r
AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE
REPLACEMENT OF SECOND STREET BRIDGE AT WARM CREEK,FEDERAL AID o
PROJECT NO. BRLS-5033 (052), CAPITAL IMPROVEMENT PROJECT NO. SS13-001, in
BRIDGE NO 54C-0411.
O
a�
E
U
_R
O
ar
U
lC
L
_
O
U
4-
O
L
3
Q
r
M
co
N
N
O
V
O
r-
O
d
a
O
U
t
V
f6
a+
w
Q
r.i
_
O
E
V
fC
Q
Packet Pg.937
5CA.c
to
m
D. SCOPE OF WORK— REVISED 5/7/14 necessary, to reflect an accurate and up-to-date v
schedule. E
Tetra Tech proposes to complete the scope of
work as outlined in the RFP, dated November When re-planning, our Project Manager will
13, 2012. In ordeSecondr to further define the assess:
R
methodology and various elements of work work to be completed;
•required to complete the design analysis, the
•
following detailed scope of work is provided. work remaining; c
• effort required to complete remaining work m
Task 1 Project Management and when that effort is needed;and
r
This task includes project management and • calendar days needed to complete the to
administration, agency and sub-consultant remaining work. o
coordination, scheduling, budgeting, progress L)
reporting, and invoicing. Tetra Tech will If it becomes apparent that additional resources in
develop and prepare a will be needed to complete o
work plan for overall ' work tasks to comply with the
I schedule, a recovery plan can
conduct, coordination, be prepared and implemented. °
and completion of
services. Proiec#Status Report
n
CPM Schedule _ Tetra Tech will prepare brief
monthly progress reports to
A draft preliminary a record ongoing progress of the
project schedule has _ _
been included in Project, and to support °
invoices provided to the City. v
Section H. Through Reports will include an °
coordination with the explanation of tasks
City and affected accomplished for the month completed and 3
regulatory agencies, Tetra Tech will prepare an Q
updated schedule after execution of the contract. submitted deliverables, anticipated tasks for the
upcoming coming, any pending issues and M
The project team will meet at the project schedule completion target dates. N
initiation to collectively determine the work Risk Management N
sub-tasks to complete the major work activities. d
A sequencing plan of these work sub-tasks, Tetra Tech will mitigate risks to the project L
using precedence format, will be developed through the use of a Risk Management d
Cn
which will be incorporated in the overall Log/Action Item List. The objective of risk o
schedule. management is to identify risk events and assign a
The series of work tasks and resulting schedule actions to monitor or resolve issues throughout °
will be diagrammatically illustrated on a critical the project duration. Project success will in
path method (CPM) flow chart. This flow chart, benefit from the ongoing focus on issues that
which highlights the critical path, will be used may affect the project outcome. The Project
to base our determination of the intermediate Manager will monitor resolution of identified w
project milestones. It is critical that this part of items per the assigned due dates and at each Q
the project management system is flexible and monthly PDT meeting.
a�
able to accommodate scheduling adjustments Quality Assurance/Quality Control E
that may occur. Tetra Tech's system allows the The objective of quality assurance is to ensure Y
Project Manager to re-plan the project, as that quality control activities are carried out Q
routinely and thoroughly by establishing
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek. 5
Packet Pg.938
Y
CD
procedures, assigning responsibilities, and the project team. Representatives from other v
providing supervision and oversight. The entities may be added as needed. Tetra Tech's E
Project Manager and QA/QC Manager will project manager and the PDT communicate
deliver a QA/QC Plan for review and agreement project decisions and commitments throughout
by the City San Bernardino upon award of the the life of the project. The PDT's aim is clear
contract. and frequent communication across the group to
maintain the project schedule and drive a •L
The establishment of written standard QA/QC m
successful project.
procedures is a responsibility of Mr. Howard 4)
Arnold, the QA/QC Manager. The guide should The project will be initiated with a PDT kick-off P
be considered a living document to be updated meeting to present and agree on the final details
and supplemented as the project changes. All of a schedule and work plan. The purpose of c
changes in scope, schedule, or budget to these meetings will be to review project status m
individual task orders and/or projects will be to ensure that the contract objectives and cn
captured, distributed, and maintained for the milestones are being achieved. To supplement o
duration of the program and reported to the City these meetings, we will maintain on-going m
during the Project/Client meeting. communications with the City and agencies E
identified in this scope. A detailed schedule, U
All project team members are dedicated to action item list and decision log will be n
providing our clients with a quality advantage developed, maintained, and updated for control
through a continuous process of quality
advancement. Commitment to quality will of the project. P
P
begin at the highest management level of our Progress meetings will be held at monthly r
team and be passed down to every level of the intervals to meet with the City's staff and 0
organization, including subcontractors and sub affected utility companies. This scope assumes o
consultants. The foundation for ensuring that Tetra Tech's project manager will attend a total "c-
all data, analyses, and reports meet the highest of thirty-six(36)PDT meetings including a kick 3
standards for technical quality for all off meeting. Q
deliverables will be provided by incorporating products:
our Quality Management System (QMS) into 1. Tetra Tech will attend up to thirty six N
the QA/QC Plan that we will prepare upon (36)monthly and ten (10) other
receipt of contract award. meetings (Caltrans, regulatory
Products: agencies, and property owners); .0
1. Project Management/Project 2. BTSR and PS&E(90%Complete) (n
Coordination Presentations; and 4-
2. Initial Project Schedule and Monthly 3. Agendas,Meeting Minutes,Action
Updates Items, and Decision Logs o
3. Monthly Project Status Report and Task 3 Project Website[Optional Task] N
invoices
4. Risk Management Log A key component of our management approach U
is our project website. For project team
S. Three (3) copies of QA/QC Plan members and approved stakeholders we will Q
Task 2 Project Meetings develop a collaborative internet based tool so
At the start of the project, Tetra Tech will team members can access information and d
easily communicate with the project team. s
establish a multidisciplinary Project Information on the website will allow for better
Development Team (PDT) comprised of the communication, guaranteeing all parties Q
0 City Project Manager, City representatives, and engaged have access to the same information
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 6
Packet Pg.939
5.CA.c
a
m
m
without having to use outdated information. scour, sediment transport analysis, and
Tetra Tech has successfully implemented geotechnical evaluation. E
L
project website on projects ranging in size and This step of bridge type selection shall be 1°
complexity. For example Tetra Tech currently completed before extensive bridge design work
manages a project website for the Port of Long
for final desi g n is p erformed. The 30%o bride
g ca
Beach Fiber Optic Network. The website allows
for project team members to easily access type selection design shall include a bridge -a
general plan, a foundation plan, detailed cost op
project photos, meeting minutes, calendar estimates and other pertinent information
information, announcements, etc. This tool has needed to determine the proper structure type.
proven to be a success. to
Utility Research and Coordination -a
Products: C
for
1. Tetra Tech will establish a Project Web Tetra Tech researched wevw dialert orb
Site for the duration of the Project utility companies reporting facilities within the vn
site. Below is a list of utilities from available o
Task 4 Bridge Type Selection Report through digalert.
We will work with the project stakeholders to AT&T Distribution E
evaluate the most feasible and cost-effective v
structure alternatives to replace the Second '� Transmission
C
East Valley Water CL
Street Bridge. The structure alternatives shall MCI(Verizon Business)
accommodate the high water elevation and the San Bernardino Co.Information Services
required freeboard based on the results of the
hydraulic analysis and the county flood control San Bernardino VLY MWD o
standards. The structural evaluation shall San Bernardino Water U
include coordination with the roadway designer San Bernardino PBL Service o
to determine the profile grades and their Transmission Eastern T/S DIV
feasibilities; and with the geotechnical engineer ATT Transmission TCG Q
to determine the foundation type. The SC Gas—San Bernardino
preliminary structure alternatives and cost Terradex Inc `o
estimates shall be presented to the City to select
the preferred alternative. TW Telecom—Inland Empire l
Based on the final approved roadway geometric Utilitquest for SCE Dist.—Redlands
design for the preferred alternative, our team Utilitquest for Verizon
will prepare preliminary bridge design in 30% Utilitquest for C/of Riverside—Water cn
level including performing preliminary I Utilitquest for Time Warner Cable—ONT a0i
structural design and seismic analyses in Utilitquest for Verizon—Victorville o
accordance with the State bridge design V
standards. The preliminary structure study will Using the above list and the City's utility
be summarized in a Bridge Type Selection contact list for this project, Tetra Tech will
Report (BTSR). In addition to the structure- contact utility companies to determine which
related discussion, the BTSR shall include companies have facilities within the project w
summary of studies of various disciplines limits. Tetra Tech will continue coordination a
including bridge aesthetics, utility relocation, with these companies. A matrix will be
stage construction, constructability-related developed listing each utility company, their E
topics, environmental mitigation ad permitting point of contact, and correspondence during the 0
requirements, channel hydraulics and bridge planning and PS&E phase. We will support the a
City in coordinating relocations of existing
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 7
Packet Pg.940
}
Y
FAN
d
underground and/or overhead utilities. We will 2. Two (2)copies of Bridge Site Data
report utility coordination progress to the City Submittal Form and Attachments U
E
and, when requested by the City, review 3. Three (3)copies of Preliminary
schedules,cost estimates,and plans provided by Geotechnical Investigation Memo S
utility companies. Tetra Tech will prepare and 4. Three (3)copies of Draft Hydraulic
distribute the following correspondence with the Report a>
utility companies: 5. Three (3)copies of Final Bridge Type m
• Utility "A" letter and preliminary plans Section Report, with Review Meeting
(GAD Submittal Plans) which outline the Summary
proposed right of way and existing utilities.
6 Ten(10)copies of Updated General a
• Utility "B" letter and plans (65% Submittal Plan and Foundation Plan o
Plans) which outline potential utility
conflicts and approximate relocation 7. Two (2) copes of General Plan Estimate cn
�-
schedules. 8. Topographic Survey in ulocad 2009 °
A
• Utility "C" letter and plans (95% Submittal format and ASCI text file. Q
Plans) which include final plans and
proposed utility relocations. 9. One(1) copy of each round of
correspondence("A", B", and "C')
It is assumed all water sewer, gas, telephone, utility letters will be provided to the
electric, oil and other relocations will be City
prepared by the appropriate company or agency. 10. Utility matrix, utility "A"letter and
Utility relocation plans and specifications for plans, utility "B"letter and plans, and o
existing facilities are not included in this scope utility "C"letter and plans v
of work. o
Surveying Surv@ying and M"lppinq Task 5 Geotechnical/Foundation Reports 0
TASK 5.1 -PRELIMINARY GEOTECHNICAL
The Tetra Tech Project Team will identify and MEMORANDUM `l
collect data along the perimeter of the proposed
improvements for the purpose of verifying the Group Delta Consultants will perform a site N
design edge and join conditions reconnaissance and a review of the existing as-
built plans and LOTBs for the site, as well as
Topographic survey will include any man made available topographic and geologic maps, aerial 2
improvements,trees over six inches in diameter, photos,and geotechnical reports.On the basis of
oak trees and any visible utility markings and a review of the existing data, we will first
their appurtenances. provide preliminary recommendations in a o
We will perform a cross-section survey along Preliminary Geotechnical Investigation o
Second Street, on 25-foot stations and any Memorandum prior to field investigation. The U
changes in grade or direction, 100-feet past both memorandum will be equivalent to Caltrans ,
limits of the project, from the center median to Preliminary Foundation Report and provide
right-of-way. The cross-section will include preliminary information for bridge structure U
curb and gutter,striping,joins, culture(any man type selection based on existing information, L
made improvements), oak trees and any visible including:
r
utility markings and their appurtenances. • d
Site Location, Geology, Subsurface E
Products: Conditions,and Groundwater
1. Six(6)copies of Draft Bridge Type • Review of As-Built Plans and Logs of Test
Selection Report Borings(LOTBs) Q
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 8
Packet Pg. 941
S.CA.c
�Ilt
a�
• As-Built Foundation Types,Sizes,Capacities representative soil layers will be obtained at v
• Preliminary Seismic (Controlling Fault, Mw, appropriate depth intervals. Borings will be E
Distance, PGA, Soil Profile Type, ARS backfilled with soil cuttings above groundwater M
Curve) and grout below groundwater. Relatively
• Liquefaction and Scour Potential undisturbed and bulk samples of representative a
soil layers will be obtained at appropriate depth M
• Corrosion Potential intervals(typically 5 feet).
• Preliminary Foundation Recommendations m
Our laboratory-testing program will be aimed at
• Comments on grading, pavement design, evaluating the physical, geotechnical, and P
slope stability, retaining and soundwall chemical (corrosion) properties of the site soils.
foundations The exact scope of the laboratory program will c
• Recommended Scope of Additional Field depend on the soil conditions encountered m
Exploration and Laboratory Testing during our field exploration. However, for vn
TASK 5.2 FIELD INVESTIGATION AND planning purposes, we have considered the o
LABORATORY TESTING following types of tests:
Prior to field explorations we will prepare a • In Situ Moisture Content and Density; U
proposed boring location and traffic control plan • Grain Size Distribution/Percent passing No. ca
for review and approval by the City and obtain 200 sieve; Q
an encroachment permit. We are experienced in • Direct Shear;
working with City Public Works Departments in M
• Consolidation;
obtaining the necessary permits for the field c
exploration program. The field program will be • Atterberg Limits; v
carefully planned and coordinated with City • Soluble Sulfate Content, Chlorides, pH, o
agencies and Caltrans to maintain proper safety resistivity; and a
precautions. • R-Value. 3
Our work generally will be performed in TASK 5.3 GEOTECHNICAUFOUNDATION Q
accordance with Caltrans and City of San REPORT M
Bernardino requirements. Our field program N
would consist of two days of drilling. Three Utilizing the data obtained in the subsurface
borings will be drilled for bridge design to at investigation we will prepare draft and final
Geotechnical Design / 2
least 20 feet below pile tE Foundation Report in
tip elevation, or to accordance with Caltrans Cn
refusal, whichever t d
h 4-first note that Guidelines for
occurs
( Geotechnical Design a
the RFP requires p �_ Reports (GDR) and in
borings to 90 feet depth; Foundation Reports (FR).
however, depending on The RFP allows a
the pile design this combined report covering
depth may not be M
required). One both. If Caltrans review is
re Q
O
q ) required, our experience is
additional boring will
� that two separate reports
be drilled to a depth of 5
p may be required. E
to 10 feet for roadway
design. Relatively undisturbed, Standard The Foundation Report will provide final design r
Penetration Test, and bulk samples of recommendations for the bridge foundations, Q
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 9
Packet Pg.942
5.CA.c
m
P
and will include the same components as PFR, • Material Sources and Disposal P
plus: • Construction Considerations E
• Data from Site Specific Field and Laboratory • Recommendations and Specifications
Investigation • Attachments: a
• Updated Geology, Subsurface Conditions, — Vicinity Map M
and Groundwater — Topographic Geologic Map with Boring m
• Recommended Geotechnical Engineering Locations+Profile Grade
Design Parameters(Soil, Rock, Groundwater _ Geotechnical/Geologic Cross-Sections
Level) — Field and Laboratory Data Cn
• Final Seismic Criteria (Design ARS Curve
— References Photos,Calculations, o
and Pseudo-static Coefficient Kh) U
Correspondence a>
• Quantitative Liquefaction and Scour to
Evaluation and Mitigation Recommendations TASK 5.4 PAVEMENT DESIGN o
• Site Corrosivity and Mitigation MEIU►gRANdUMIREPC3RT
Recommendations Utilizing the data obtained in the subsurface
• Final Foundation Recommendations (type, investigation we will prepare draft and final
size,capacity,etc.) Pavement Design Memorandum/Report in a
general accordance with Caltrans requirements
• Construction Considerations (excavation, for Pavement/Materials Reports, and will
dewatering,shoring, etc.) include:
• Analyses and Calculations o
• Site Soil and Rock Materials U
The purpose of the geotechnical design report is pavement Design (Existing Pavements, TI, c
to document geotechnical site conditions and R-Value,New Section Recommendations) a
make final geotechnical recommendations for • Soil Corrosivity + Selection of Culvert 3
design and construction of roadway and Materials Q
Standard Plan retaining walls and sound walls
and will include: Products:
N
• Existing Facilities and Proposed 1. ield Investigation Plan,
F
2. One (1)copy of Preliminary
Improvements Geotechnical Investigation
• Pertinent Reports and Investigations Memorandum, d
• Physical Setting of Site (Climate, 3. One (1) copy each of the draft and final
Topography, Drainage, Natural and Man- Geotechnical/Foundation Report;and o
Made Features, Regional Geology and 4. One (1) copy each of the draft and final a
Seismicity, Surficial Soils) Pavement Investigation Report o
U
• Surface and Subsurface Exploration and Task 6 Hydrology and Hydraulics Study N
Testing Report
• Geology, oil Rock, Surface Water, and
Groundwater Conditions Tetra Tech will prepare a hydrology , and ;a
hydraulics report for the proposed bridge Q
• Site Seismicity and Pseudo-Static Coefficient crossing based on the requirements of the San
for Design Bernardino County Flood Control District
E
• Cuts,Excavations,and Embankments Hydrology Manual (Hydrology Manual). Our
• Earth Retaining Systems, Culverts, and hydrology team will prepare the necessary w
Soundwall Foundations reports and calculations based on our ample Q
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 10
Packed Pg.943
5.CA.c
1�pI
m
P
experience in modeling watersheds of all sizes analysis for the 100-year event based on the U
within the San Bernardino County Flood requirements of the Hydrology Manual. E
L
Control District. Products: 1°
TASK 6.1 REVIEW AND RESEARCH 1. Five (5) copies of Draft Hydrology
Tetra Tech will review available hydrology .Study report
reports for the Warm Creek watershed with both TASK 63 PROPOSED HYDRAULICS L
the City of San Bernardino and County Flood m
A hydraulic model of the existing and proposed �
Control. Our project team will prepare an initial bridge cross-sections will be created. The d
watershed boundary based on the review of existing condition model will be used as the un
available hydrology reports, aerial image, and "a
base-line for analyzing and net increase in 100 r_
available topographic survey information. We o
year water surface elevation increases. Tetra
will perform a field walk with City personnel to Tech will utilize the Army Corps of Engineers cih
verify the limits of the HEC-RAS modeling software c
watershed and to also gain to analyze the existing and
valuable maintenance issues proposed conditions. This
with the current bridge. Our model will be extended
team will perform a detailed : upstream and downstream
CL
site assessment of the current approximately 500' of the
bridge and log any hydraulic bridge crossing in order to Ce
issues with the existing and provide accurate results of P
proposed bridge flow within the creek. The c
configurations. We will goal of the hydraulic v
interview maintenance staff to modeling will be to assist in o
gain an understanding of type selection of the bridge to
issues with debris, assist in reducing overall f°
sedimentation, scour and water surface elevations in Q
overall bridge hydraulic the creek and to provide
performance. We will use the adequate free-board N
information gathered to help underneath the bridge
alleviate these issues with the structure.
proposed bridge hydraulics.
TASK 6.4 SCOUR ANALYSIS L
TASK 6.2 HYDROLOGY
Utilizing the HEC-RAS model created in the cn
Based on the watershed limits determined o
analysis of the existing and proposed hydraulics
through the Review and Research task above, task, we will perform a scour analysis of the o
Tetra Tech will complete a Complex Watershed proposed bridge layout. The scour analysis will
Hydrograph analysis of the Warm Creek be performed in accordance with the Army
watershed.The overall watershed will be broken
Corps of Engineers requirements. The scour =
down into subarea runoff hydrographs and then analysis will help determine the geometry and
linked together through routing software. Tetra �-
depth of any structures to be located within the
Tech will utilize the Advanced Engineering Q
channel.
Software (AES 20120) Engineering Hydrologic
Software Solutions to create the subarea Products:
hydrographs and provide the linked subarea 1. Five (5)copies of Preliminary Bridge
watershed modeling. We will provide the Hydraulics Report(Draft):Submitted ;g
Q
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 11
Packet,Pg.944
5.CA.c
m
as part of Section V/Task 1; and Section TASK 7.3: BIOLOGICAL STUDIES
V/Task 5 GPA will conduct the required biological E
2. Five (5)copies of Bridge Hydraulics
analyses for the project. All technical reports
and Hydrology Report (Final); will be prepared in accordance with Caltrans'
Submitted as part of Section V/Task 13 SER guidelines and Chapter 6 of Caltrans'
a�
Task 7 Environmental Documents LAPM. Warm Creek was historically a natural -a
TASK 7.1 PROJECT MANAGEMENT AND drainage originating in the San Bernardino m
MEETINGS Mountains. The Creek currently is a well-
0)
defined, unimproved, natural channel upstream P
Throughout the environmental process, GPA of the 2nd Street Bridge, and is lined with
will maintain a clear line of communication concrete downstream of the bridge. c
with the City, and will conduct regular status Downstream of the bridge the Creek flows south
checks to ensure all tasks are on schedule and and joins the Santa Ana River approximately 3 cn
within budget. The Environmental Task miles southwest of the project site. o
Manager from our subconsultant, Galvin c
Preservation Associates (GPA), will attend Based on initial studies, the Creek appears to
carry sufficient flows throughout the year to m
meetings throughout the environmental process, support a moderate amount of vegetation both 0
including one kick-off meeting, one field review
meeting, and up to twelve regular project upstream and downstream of the bridge. In m
meetings during the project development addition, there are ornamental trees, including
process. GPA will also maintain both electronic California sycamore trees (Platanus racemosa), P
lining both sides of 2nd Street. According to a r
and hard copies of the complete environmental =
record, and will provide the City with a copy of report by ICF International, the bridge structure V
all documentation. previously provided potential habitat for o
roosting bats; however, bat exclusion devices a
TASK 7.2: PROJECT ENVIRONMENTAL have been installed to prevent bats from using
STUDIES(PES) this structure.
Q
GPA will work with the project team to prepare To describe the existing biological resources on M
a detailed project description, including project the project site, identify potential project co
components, purpose and need, environmental impacts, and develop appropriate avoidance, F1'
study limits (ESL), and timing of construction. minimization, and mitigation measures, a 0
In addition, GPA will perform a site visit and Natural Environment Study (NES) will be
review any existing information and analysis prepared to support the CEQA and NEPA in
related to the project and gather any additional documentation. o
reference information needed.
Task 7.3.1: Natural Environmental Study a
Once all of the project information is gathered, (NES) 0
GPA will prepare the Draft PES. The PES will va
be completed pursuant to Caltrans' SER and Background Research and Delineation of
LAPM, and will include a reasoned explanation Biological Study Area{BSA) U
for all checklist answers. GPA will submit the GPA will review available data on biological
Draft PES to the City for review and approval. resources recorded on and in the geographic
_ Once the Draft PES has been approved by the vicinity of the project site. This review will
City, GPA will finalize the revisions,submit the include conducting searches in databases such °'
PES to Caltrans, and coordinate as needed for as the California Natural Diversity Database
review and approval of the document. (CNDDB) and the National Wetlands Inventory
(NWI). Additionally, a list of protected species Q
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 12
Packet Pg. 945
i
m
with the potential to be present on the project results of these studies in an NES report. The v
site will be requested from the U.S Fish and NES will include a discussion of the existing E
Wildlife Service (USFWS). Existing studies biological resources in the BSA, potential
completed near the project site will also be project impacts, and proposed avoidance,
referenced, including applicable planning minimization, and mitigation measures. The
documents. GPA will utilize the background NES discussion will include the results of -aa
data and project design plans to delineate the aquatic habitat surveys, and any completed or L
Biological Study Area (BSA), which will be future consultation that may be required with m
used as the boundary for field surveys and other agencies to obtain project approvals and
project analysis. environmental permits. GPA will submit the
cn
draft NES and will coordinate with the project •a
Site Investigations r_
team and Caltrans as needed for review and 0
GPA biologists will systematically survey the approval of the report. m
entire BSA to identify and record existing Task 7.3.2: Jurisdictional Delineation o
vegetation communities in the area, including .,
wetlands. Botanical surveys will be conducted The project would include replacing the existing d
during the blooming period for special-status bridge structure and pile foundations. Although E
plants with potential to occur in the area(May). much of the work would be accomplished from
GPA will also conduct an aquatic habitat survey above, some in-channel work would likely be w
of the portion of the Creek in the BSA;however required to remove the bridge piles currently
it is not anticipated that a full aquatic report placed in the creek bed. The new bridge would
would be necessary. GPA will survey the entire be a wider structure; therefore, both temporary r
BSA for potential wildlife species, their signs, and permanent impacts on the Creek are Lo
and/or their habitat. GPA will inventory all anticipated. GPA will conduct a jurisdictional ,-
botanical, aquatic, and wildlife resources delineation in accordance with the U.S. Army °a
observed in the BSA. The limits of potential Corps of Engineer (USACE) 2008 Regional 3
jurisdictional areas, including wetlands, other Supplement to the Corps of Engineers Wetland Q
waters of the U.S., and waters of the State will Delineation Manual: Arid West Region and its
be identified based on the location of the active 1987 Corps of Engineers Wetlands Manual.
streambed, bank, ordinary high water mark Field Delineation
(OHWM), and riparian vegetation, where N
applicable. GPA will conduct a delineation of jurisdictional
wetlands and other waters of the U.S., as >
The existing site is in an urban location and has defined by the USACE. To identify the
been substantially disturbed by channelization boundaries of waters of the U.S.,
S., the OHWM
of the creek, bridge construction, and will be identified for the portion of the stream a.
surrounding development. Creek flow appears channel in the BSA. The actual presence or 0
to be seasonal and/or fed by effluent discharge, absence of wetlands in the BSA will be verified N
and existing vegetation is marginal and isolated through an analysis of hydrologic conditions,
by the surrounding urban environment. For
hydrophytic vegetation, and hydric soils, as
these reasons, the potential for special-status r
required by the USACE. The spatial limits of
species to be in the BSA is expected to be low all wetlands and/or other waters of the U.S. will Q
and the need for focused surveys or Endangered be mapped according to USACE minimum
Species Act consultation is not anticipated. mapping standards.
NES Documentation
a
Following completion of background research Q
and field surveys, GPA will summarize the
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 13
Packet Pg.946 "
5.CA.c
XII!
W
Wetiand Delineation Report environmental conditions and traffic noise L
U
GPA will prepare a delineation report to levels. Up to twenty short-term (i.e., 10-60 E
summarize the wetlands and other waters of the minute) noise measurement surveys will be
U.S. on the project site. The report will include conducted. Noise monitoring will include
p p locations near residential dwellings located
a discussion of the existing wetlands, an d
along Countess Drive. Ambient traffic noise 0
analysis of potential project impacts, and -a
recommended avoidance, minimization, and levels will be monitored during peak-hour •L
periods for purposes of calibrating the traffic °0
mitigation measures. The report would be used noise model and for determination of the
to assist the design team in avoiding impacts to m
jurisdictional areas, provide the jurisdictional noisiest traffic hour. Relevant background N
information, including noise fundamentals, �
information necessary for the supporting project C
descriptors, and applicable federal, state, and o
environmental documentation, and support the V
applications for USACE regulatory permit local regulatory framework,will be described. to
authorizations. GPA will submit the report to To assess potential construction noise impacts, o
the USACE for verification and will coordinate sensitive receptors and their relative exposure to m
as needed to obtain a jurisdictional verification the proposed project area (considering E
letter from the USACE. topographic barriers and distance) will be L)
TASK 7.3.3 AND 7.3.4: NOISE&AIR QUALITY identified. Noise levels of specific construction Q.
STUDIES[OPTIONAL TASKS] equipment will be summarized in included in (1)
the report. Predicted construction-generated
^' The project would not result in changes to noise levels at nearby receptors will be
roadway configuration, alignment, or traffic calculated using the Federal Highway o
volumes; however, construction of the project Administration's (FHWA) Roadway U
would likely result in short-term noise Construction Noise Model(version 1.0). Short- o
generating activities, including demolition and term groundborne vibration impacts will also E
removal of the existing bridge structure and assessed. Groundborne vibration levels 3
construction of the replacement bridge. Air typically associated with construction activities Q
quality and noise impacts would be primarily will be discussed, based on information to be M
associated with short-term construction derived from Caltrans-recommended guidance co
activities; it is assumed that these impacts would documents, and predicted groundborne vibration
be discussed in the environmental document. levels at nearby sensitive receptors will be
TASK 7.3.3 NOISE ASSESSMENT[OPTIONAL quantified and included in the report. i
TASK] Long-term operational impacts attributable to to
Preparation of a Noise Technical Memorandum the proposed project will be assessed utilizing o
(NTM) is anticipated to be sufficient to address Caltrans-recommended screening procedures. Q,
noise and groundborne vibration impacts For purposes of this scope of work, it is U
associated with the proposed project. The assumed that the screening procedures would be
technical memorandum will include a sufficient to demonstrate that a detailed
description of the existing noise environment, assessment of noise abatement would not be 0
based on existing environmental documentation necessary. The findings of the screening Q
and a review of site reconnaissance data. In procedure will be included in the report. Traffic
accordance with Caltrans-recommended noise modeling will be conducted utilizing the
methodologies,AMBIENT Air Quality&Noise FHWA Traffic Noise Model,version 2.5. TNM E
Consulting will conduct ambient noise modeling will be conducted to determine future
monitoring at various locations in the vicinity of predicted noise levels at nearby receptor a
the project site to document existing locations, in accordance with NEPA/CEQA
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 14
Packet Pg.947
5.CA.c
m: k
1�
CD
requirements. The TNM model will be provided. Because the proposed project is not v
calibrated based on the monitoring data anticipated to result in changes in long-term E
obtained during the site reconnaissance surveys. operational conditions, quantification of
Predicted average-hourly traffic noise levels (in operational emissions is not anticipated to be
Leq) will be calculated at nearby existing required for this project. The AQSR will also
receptors for comparison to Caltrans- address the project's conformity with regional a�
I recommended noise standards. For CEQA and project-level air quality attainment efforts.
purposes, average-daily noise levels (in The project's contribution to localized m
CNEL/Ldn) will also be calculated for concentrations of mobile-source carbon °'
d
comparison to applicable City noise standards. monoxide,particulate matter, and mobile-source N
It is anticipated that this analysis will air toxics are anticipated to be minor and will be a
demonstrate that the proposed project will not qualitatively assessed in accordance with u
warrant mitigation during the operation of the FHWA/Caltrans-recommended screening N
project, therefore, a noise mitigation analysis is methodologies and protocols. —
not included in this scope of work. If mitigation
is determined to be necessary, additional scope The project area will also be reviewed to m
determine if the proposed improvements would E
will be required to evaluate these effects. be located within an area of known or suspected
The significance of noise-related impacts will naturally occurring asbestos. Based on a a
be determined in comparison to applicable preliminary review, the project area does not m
FHWA/Caltrans noise abatement criteria; as appear to be located in an area of naturally
well as, applicable City noise standards. occurring asbestos. However, if deemed P
Mitigation measures will be included to address necessary, efforts of local jurisdictions and the o
short-term construction impacts. The Air Resources Board for the control of asbestos- U
effectiveness of proposed mitigation measures containing material and recommended control o
will be discussed. measures will be summarized and included in
the report.
TASK 7.3.4 AIR QUALITY CONFORMITY
Q
[OPTIONAL TASK] Evaluation of GHG emissions will include a
Although detailed quantification of long-term discussion of existing climate change conditions N
operational emissions is not anticipated to be and applicable regulatory framework. In
required for this project, an Air Quality Study accordance with Caltrans-recommended m
Report(AQSR)will be prepared to address both guidance, construction-generated GHG
emissions will also be quantified. Measures for
NEPA and CEQA requirements. To the extent m
possible, the AQSR will rely upon the control of construction and long-term uh
existing/previously prepared environment operational emissions will be discussed. This d
documentation. The AQSR will include a discussion will address Caltrans-recommended o
description of regional and local air quality, control practices, as well as, applicable rules
applicable air quality regulatory framework, and regulations required by the South Coast Air
standards, attainment status, and significance Quality Management District.
thresholds. Field monitoring of meteorology Air Quality Canforrnity r
and pollutant emissions is not anticipated to be
p p AMBIENT Air Quality&Noise Consulting will Q
required for this project and is not included in prepare an Air Quality Conformity Assessment
this scope of work. (AQCA) for the proposed project. The AQCA E
Short-term emissions of criteria air pollutants will be prepared, based on information
will be quantified based on project-specific contained in the AQSR and in accordance with
w
construction information and schedules, to be FHWA/Caltrans-recommended methodologies Q
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 15
Packet Pg.948
fat
a�
ar
and guidance. To the extent necessary, Background Research L)
AMBIENT Air Quality&Noise Consulting will E
Background research will involve records L
assist in obtaining required conformity searches at the SBAIC at the San Bernardino f°
determinations for the proposed project. This County Museum to identify all known cultural
includes preparation of forms and supporting
resources previously recorded in the area
4)
documentation for obtaining an interagency and surrounding half-mile. It will also involve :a
conformity determination for the proposed brief archival research related to the history of op
project. This scope of work assumes that the area. This research will be limited to online d
proposed improvements would be consistent sources and existing literature. Several
with the regional transportation/transportation important cultural resource studies documenting in
improvement plans and would not result in a the history of downtown San Bernardino related o
substantial increase in traffic volumes. to the demolition of the former Caltrans District a0i
TASK 7.4: CULTURAL.RESOURCES 8 headquarters building located near the 2nd cn
Cultural resource study for the bridge Street Bridge have been conducted within the o
replacement will involve the preparation of last 15 years;these can be used for much of the
historical background required for the ASR. E
three key documents: a Historical Property The background research will be used to help 0
Survey Report (HPSR), an Area of Potential is
Effects (APE) map, and an Archaeological identify cultural resources in the study area and a
Survey Report (ASR). It is assumed that a
determine the sensitivity of the project area for
��. Historical Resources Evaluation Report or buried archaeological resources.
formal paleontological report will not be Fieldwork =
required, and no evaluation of archaeological or Fieldwork will involve intensive survey of the U
architectural resources will be needed. The project area and recording of all identified o
following tasks will be performed to complete o
cultural resources. The project area is located in L
the cultural study. a highly developed area, and surface visibility is 3
Native American and Historical-Society expected to be very poor. Fieldwork will Q
Coordination Efforts involve inspecting any exposed ground surface M
in the project area for evidence of
Statistical Research, Inc. (SRI) will conduct N
archaeological deposits and survey of the built
Native American coordination as part of the ,n
areas for historic structural resources. If m
information-gathering process. SRI will contact U
the Native American Heritage Commission archaeological sites are found, site recording i
(NAHC) for a list of traditional-use areas or
will involve GPS mapping of site boundaries, cn
surface features, and a sample of surface
sacred sites within and near the project area,and artifacts. A narrative site description will be 0
for a list of specific Native American groups or a
individuals who may have knowledge of Native prepared to characterize the appearance, U
American resources in the study area. SRI will integrity,and boundaries of each property. rn
follow up in writing and by telephone to each Report Preparation
entity named by the NAHC. Formal
Report preparation will be completed after the
government-to-government consultation, if
required by the project, will take place between tasks listed above, and will involve preparing an a
the two lead agencies and affected tribes. SRI ASR following the Caltrans SER format. As
will also coordinate with the City of San specified in SER, Volume 2, Exhibit 5.1, the
Bernardino Historical and Pioneer Society to
B report will include the following elements: U
identify known or potential historical-period
resources in the project area. Q
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 16
Packet Pg.949
d
• Introduction, including vicinity map, Draft IS (with MND) for to circulate the
location map, study coverage map, and staff document to the public for the 30-day public E
qualifications; review period. GPA staff will also prepare a
Project Location and Description; Notice of Availability. GPA will deliver hard
• copies of the document to area libraries, and
• Sources Consulted, including record will maintain a file of any comments received
p searches, Native American coordination and during the circulation period for use in m
historical society coordination; preparing the final document. It is assumed that
• Background; the City will be responsible for any additional v
local postings. Cnn
• Field Methods; -0 7.7: FINAL INITIAL STUDY
I
• Study Findings and Conclusions; Following circulation of the Draft IS (with in
• Completed DPR forms as a confidential MND), GPA will coordinate with the City to 0
appendix; prepare responses to any public comments =
Documentation of Native American received (as appropriate) and incorporate the a)
responses and any required revisions into the 0)
letters and phone calls as an appendix;and 0
document. GPA will then prepare a Final 1S co
• Documentation of Historical Society and submit it to the City for review. GPA will
letters and phone calls as an appendix. coordinate as needed to make further revisions
Once the ASR has been completed, GPA will and obtain approval to finalize the document. P
prepare an HPSR which will summarize the Upon completion of the Final 1S, GPA will C
findings in the ASR and Records Search, and coordinate with the City to obtain a Notice of U
will include a copy of the APE map, Determination for the project from the City 4-
a
correspondence with the Native American within five days of approval. �
Heritage Commission, and any DPR 523 forms, ASSUMPTIONS 3
as appropriate. This scope has been prepared based on the a
TASK 7.5: ADMINISTRATIVE DRAFT following assumptions: c i
INITIAL STUDY N
• An IS/MND will be the appropriate
Following completion of the appropriate level of CEQA documentation, and a U
technical analysis, GPA will reference the Categorical Exclusion will be the appropriate
results of these studies, as well as other level of NEPA documentation. If the project
Cn
background research, to prepare an description changes or if currently unknown —
Administrative Draft IS, consistent with CEQA circumstances arise in a manner that would
m
Guidelines Appendix G (as revised December result in greater environmental impacts, the o
30, 2009). The document will include all of the environmental scope may need to be revised. t j
required sections for an IS and will address on-
site and off-site impacts of the project. GPA Ahigh-resolution aerial map with the
will then submit the Administrative Draft IS to project boundaries will be provided by the
for GPA use in ESL, BSA, and APE ineer
the City for review and will coordinate, as engineer a
needed, for review and approval of the maps.
document. All pertinent information, including d
TASK 7.6: DRAFT INITIAL STUDY project design information, background E
documentation, and technical information, will
Once the Administrative Draft IS has been be provided to GPA as needed to complete the Q
approved by the City, GPA will prepare the technical analysis and IS/MND.
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 17
Packet,Pg.950
5.CA.c
W
• A complete project description and 35 2. One (1) electronic copy and one (1) v
percent plans plan will be provided prior to hard copy of the Natural Environmental E
initiating the biological studies and early Study M
enough to allow for field surveys to be 3. One(1) electronic copy and one (1)
conducted at the appropriate time of year(May). co
hard copy of the jurisdictional wetland a)
■ Any rights of entry required to conduct delineation report and jurisdictional -0
field surveys will be provided to allow for verification letter from USACE co
surveys to be conducted at the appropriate time 4)
4. One (1) electronic copy and one (1)
of year. hard copy of the AQSRIAQCA,
En
The engineering team will provide a [optional task] _
base map, including ahigh-resolution aerial S. One (1) electronic copy and one (1) m
N with the project study limits overlaid, for use in hard copy of the NTM[optional task] en
preparing the ESL Map and APE Map. w-
6. One (1) electronic copy and one (1)
• Section 7 Consultation will not be hard copy of the HPSRIASR W
required due to lack of habitat. E
7. One (1) electronic copy of the °'
• The records search boundary for (tea
cultural resources will include a half-mile Administr ative Draft IS a
d
bigger around the project site. 8. One (1) electronic copy and ten (10)
hard copies of the Draft IS
■ No archeological sites will be found
during cultural surveying. If sites are found, a 9. Three (3)electronic copies and ten (I q) o
separate scope and cost will be provided to hard copies of'the Final IS. Obtain CE U
complete the additional fieldwork and report from Caltrans and an NOD front the o
preparation necessary. City. -E
(a
• No meetings will require the attendance 10. One (1) electronic copy and one (1) Q
of cultural resource specialists. Any required hard copy of the BA; Letter of
meetings will be billed on a time and materials Concurrence or BO for FESA Section 7 M
basis. Consultation; and/or Letter of N
Concurrence, Consistency (n
• Air Quality and Noise studies will not a)
be required for NEPA. The project is not a type Determination, or Incidental Take 0
1 project (no additional lanes or Permit for CESA Consultation
[OPTIONAL TASK) to
horizontal/vertical realignments). Construction o
noise will be addressed in the IS/MND Task 8 Regulatory Services [OPTIONAL d
TASK] Q-
• If additional studies or permits are
required from Caltrans the City or the resource The project would include construction in
agencies GPA will provide a scope and cost for activities in the Creek channel, and would
these studies. require permanent placement of structures
(widened bridge) in the Creek, which would f6
Products: result in temporary and permanent impacts on Q
1. One(1) electronic copy and one (1) the Creek channel bed and banks. As a result,
hard copy of the Project Description, E
ESL Ma , and PES Form the need for the following permits and
p agreements is anticipated for the project:
ca
• USACE Section 404 Construction a
0 Authorization(Nationwide Permit 14);
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 18
Packet Pg.951
5.CA.c
r6=
Y
CD
• Amend the Regional Water Quality project. The plans, specifications,and estimates v
Control Board (RWQCB) Section 401 Water (PS&E) will be prepared to satisfy the E
Quality Certification; and requirements of the City, County, RWQCB,
• California Department of Fish and AASHTO, Manual on Uniform Traffic Control
p Devices (MUTCD), California Building Code
Game Section 1602 Streambed Alteration m
(CBC), and the Standard Specifications
Agreement (consult with CA DFW to continue for a
-
Public Works Construction (SSPWC). The L
the Operation of Law finding for the project).
PS&E will be prepared to satisfy the City m
's
GPA will coordinate with the project team to Final Conditions of Approval. Based on the P
obtain an appropriate level of design (typically scope of work presented in this proposal, the N
35 percent plans to submit applications and 65 footprint of the project and the anticipated scale
percent to obtain permits) needed to complete of each plan sheet type, we have prepared a list 0
the application/notification package for each of of anticipated plan sheets.
U)
the above permits. GPA will compile the #of o
necessary information to amend the existing Sheets
permits from the previous rehabilitation project. 1 Title{not to scale}
As part of the permitting process,GPA will U
organize and attend a permitting pre-application 1 Street Plan and Profiles(20 Scale a
(404)meeting with the City and the relevant 1 Street Details
resource agencies to discuss potential permitting 2 Grading Plan(20 Scale)
issues that may arise during the application 1 Channel Paving(40 Scale)
process,which will avoid delays in permit 1 Channel Paving Detail o
approvals. 1 Utility Plan(40 Scale) v
1 Signing and Striping(40 Scale)
Products: 1 Traffic Control Title Sheet
1. One (1) electronic copy and one (1) Q
4 Traffic Control Plan(40 Scale,
hard copy of the U.S.Army Corps of Assume 2 Stage)
Engineers (404 Permit Application)
NEW
M
2. One (1) electronic copy and one (1) 1 General Plan N
hard copy of the California Department 1 Deck Grades N
of Fish and Game (1602 Permit 1 Foundation Plan
Application) 6 Abutment Layout and Details
3. One (1) electronic copy and one (1)
3 Girder Layout and Details— to
hard copy of the amended Santa Ana 1 Barrier Rail Details o
Regional Water Quality Control Board d
1 Slope Paving Details a
(Section 401 Water Quality o
Certification) 1 Lo of Test Borings in
Task 9 Plans,Special Provisions,& Estimates
(PS&E)(65%Complete) Structure PS&E
Tetra Tech will develop the geometric design CNS shall perform final bridge design and prepare
and structure type selection preferred alternative Prepare 65% unchecked details in accordance
into plans, specifications and estimates for the with Caltrans-amended LRFD bridge design
City to advertise the construction contract. specifications and detailing standards. The final E
bridge design shall include aesthetic U
Tetra Tech is experienced and knowledgeable is
requirements. The structure plans shall be
with the codes and design criteria that will Q
govern the concept and final design for the prepared in AutoCAD per City standards.
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 19
Packet Pg.952
5.CA.c
Rat
m
Bridge Calculations 0
Caltrans 2010 Standard Plans will be used to the Lj
maximum extent possible. The bridge calculations will be provided to the E
CNS shall use Microsoft Word to prepare and City in 3-ring binders. R
edit Caltrans 2010 Standard Special Provisions Independent Check a
(SSP) for structural work. CNS shall prepare a
list of Caltrans standard bridge pay items for The structure PS&E shall be updated per City
bridge construction. Design quantity and agencies' review comments. The bridge m
calculations shall be performed using standard plans shall be independently checked by a 0
Caltrans and City forms and marginal estimate separate licensed bridge engineer from The m
summary sheets. Item unit prices shall be Morcos Group who has not been involved with un
adjusted using Contract Cost Data Book preparation of the 65%bridge design and plans. o
published by Caltrans. CNS is expected to A separate set of design check calculations, U
attend up to 3 project meetings for this task, including quantity calculations, shall be y
prepared in accordance with Caltrans bridge o
Products: design practice. The checker shall review the
1. Six(6) copies g1'65%Complete Plans plans for completeness, consistency, correctness
(11x17) of references. The bridge designer shall revise
2. Two(2) copies of 65%Complete Plans the design and plans to mitigate checker's
(22x34) review comments. The checker shall perform m
3. Two (2) copies of 65%Draft Special back check to concur that the comments have
Provisions (hidden text shown) been adequately addressed. All comments and L
4. Two (2) copies of 65%Draft Special responses shall be documented in the project o
Provisions (no hidden text shown) files. U
5. One(1) copy of 65%Draft Special 4-
0
Provisions, electronic on CD(Word -o
L
format) 0
6. Three (3)copies of Draft Bridge 3
Q
Foundation Report
7. Three(3) copies of'Draft Materials
Report/Memorandutn
8. Four(4) copies of Draft Cost Estimate
0
Task 10 Plans,Special Provisions,& k
Estimates(PS&E)(90% Complete) �` d
Cn
We will incorporate comments from the 65% o
PS&E submittal and prepare a response to Q.
comments log. �0
Letter to the RE QA/QC Statement
CNS will prepare Resident Engineer (RE) In addition, a Quality Assurance and
Pending Files to include the bridge items Quality Control (QA/QC) Plan and r
required per OSFP Information and Procedure Statement will be prepared and submitted. Q
Guide Section 4.9. Products: a=i
1. Six(6) copies of 90%Complete Plans E
(I lx]7)Two (2)copies of 90%
Complete Plans (22x34) Q
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 20
Packet;Pg.953
m
air
m
2. Two(2)copies of 90%Draft Special 7. Two (2) copies of Final Quantity j
Provisions(hidden text shown) Calculations E
3. Two (2) copies of 90%Draft Special 8. Four(4)copies of Final Engineers
Provisions (no hidden text shown) Estimate _
4. One(1) copy of 90%Draft Special 1°
Task 12 Right-of-Way Assessment d
Provisions, electronic on CD(Word [OPTIONAL TASK]
j format) `-
5. Three (3)copies of Final Bridge Using the final design layout for the bridge and m
Foundation Report Tetra Tech's background knowledge of bridge CD
6. Three (3)copies of Final Materials construction projects we will develop a Color in
i Report/Memorandum Parcel Map showing the bridge construction,
7. Three (3)copies of Final Hydraulics permanent right of way, temporary construction U
Report easements, slope easements and right-of-entry in
8. Two (2) copies of 90%Bridge Design access easements for construction. The right of o
and Check Calculations way and easements will be overlayed on the
9. Two(2)copies of 90%Quantity existing right of way and existing parcel cu
Calculations boundaries to show properties that are affected 0)
10. Four(4)copies of 90%Cost Estimate during construction and permanently by the
proposed bridge.
"Task 11 Plans,Special Provisions,
Estimates(PS&E)(Final) Bender Rosenthal, Inc. will prepare the
acquisitions parcel list for each of the four P
We will incorporate comments from the 90% affected properties. The information will o
PS&E submittal and prepare a response to include the owner, APN, present use, type of U
comments log. acquisition, approximate area of acquisition and o
Bridge Deck Contour Plan the estimated cost to acquire the right of way or a
ca
A "4-Scale" Bridge Deck Contour Plan will be easement. a
included in the Final submittal. Products:
1. Two (2)copies of Color Parcel Map of' r>
Construction Package/Pending File w
Project Impact Area y
A Construction Package will be provided to
2. Three (3)copies of Acquisition Parcel d
identify project procedures, documents, and 0
issues for the field personnel during
List
construction. Task 13 Construction Support Services
Products: TASK 13.1 CONTRACT CHANGE ORDERS °
m
1. Six(6) copies of Final Plans (11x17) We will assist the City's Project Manager in 0
2. Three(3)copies of'Final Plans (22x34) review and making recommendations to v�
3. One (1) copy of Final Plans (22x34 contractor Contract Change Orders (CCOs) on
Mylar) an as-needed basis. When requested by the
4. Three (3) copies of Final Special City, we will prepare a cost estimate for cost
Provisions analysis of the CCO work. Q
5. One(1) copy of Final Special
Provisions, electronic on CD (Word This scope includes a total of 58 hours of review
format) time by our civil engineer. t
6. Two (2) copies of Final Bridge Design TASK 13.2 CONTRACTOR SUBMITTALS Y
and Check Calculations a
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 21
Packet Pg. 954
5.CA.c
la
Y
d
d
Tetra Tech engineers will review contractor Our team will perform up to four (4) site visits V
submittals and baseline schedules, as requested during the construction as requested by the City. E
by the City. Shop drawings will be reviewed ,_ �+
for general conformance with the plans and
specifications. Each submittal or shop drawing
will be reviewed and returned to the City, a)
stamped with our shop drawing stamp and L
marked accordingly. This scope includes a total m
of 56 hours of review time by our team r f
m
consisting of our civil engineer and structural in
engineer. c
0
Note: Our construction support will exclude U
review of contractor submittals related to Cn
construction means and methods including, but 0
not limited to falsework and shoring submittals.
TASK 13.3 FALSEWORK DRAWINGS TASK 13.5 RECORD DRAWINGS
CNS will review falsework drawing submittals Upon completion of the construction contract, Q
.
for conformance with the contract plans and Tetra Tech will prepare record drawings by m
specifications and make recommendations for updating the original project "as-advertised"
acceptance,denial or re-submittal. plan sheets showing changes that occurred
during construction. Record drawings will be
TASK 13.4 REVIEW DESIGN CHANGE 0
REQUESTS AND PREPARE NEW DESIGNS prepared by transferring the updates from red- V
marked plans received from the City. The o
When requested in writing by the City, we will record drawings will be completed in the as- -a
review design change requests and prepare advertised project CADD Autocad files. 0
3
design revisions on an as-needed basis. "Record Drawing" cells will be included on Q
t
Changes in to the contract plans will be overlaid each plan sheet and updates will be clouded to
on contract plans with changes will be clouded, provide distinction from the original design. N
noted with a delta and description of the change. Revisions will be solely based on as-built --
redline information provided by the Contractor
This scope includes a total of 40 hours of review and the City.
time by our team consisting of our civil s'
engineer and structural engineer. Products: Cn
1. One (I) set of mylar plates with as-built c
revisions 4)
CL
0
U
r
U
R
r
w
Q
r
C
E
M
V
l4
r
Q
CITY OF SAN BERNARDINO PUBLIC WORKS DEPARTMENT TETRA TECH
Consultant Services for Second Street Bridge Replacement Over Warm Creek 22
Packet Pg.955
ATTACHMENT 2
L
U
FEE PROPOSAL €
r
FOR
�L
m
AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE
REPLACEMENT OF SECOND STREET BRIDGE AT WARM CREEK, FEDERAL AID
PROJECT NO. BRLS-5033 (052), CAPITAL IMPROVEMENT PROJECT NO. SS13-001, o
BRIDGE NO 54C-0411. in
4-
0
c
m
E
m
CL
d
p �
o
O
m
L
3
a
M
co
N
O
N
O
a-
0
L
a
a�
d
N
s
0
Q
d
E
v
ca
a
Packet Pg.956
(jaajo wieM le oBppq laajlg puoaaS to luawaoeiday 43eJ3u03 10 pJIRMV:Kgz) lesodad aaj-Z 4*L%V:Waw4oegy N
m
m
a
Y
V
c �
a p•
`za T,a - � ae�� +m ��mxi� s§ RE "s
u ° mo
cc 7
•
w I`
N
i
M i
i
c
u t '
N � ,
A ! }
O
3
CL
if
m x i
Tilt, .1,
1,aaui8u3» � I!
,aau®u3 ualsa0 1
� I _
a , •'• •�•
2
i
2
S E Svc 3
$ 1$S Q I
� ♦+ _ m � j m
d w
0 �
O V W m i H
u m v
C v a f fffl ® S Sx,S E r C _Y E`S Yic E'p� LZ�z
C z m '°' ya�S',ac Y� Y'55� S• bYe °d3i�� a8 °s2'ss� ss�
0
i �
a�
m
L
v
E
L
2�
7
ATTACHMENT 3
.L
W
PRELIMINARY PROJECT SCHEDULE
L
r
cn
FOR o
U
cn
AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE o
REPLACEMENT OF SECOND STREET BRIDGE AT WARM CREEK, FEDERAL AID
PROJECT NO. BRLS-5033 (052),CAPITAL IMPROVEMENT PROJECT NO. SS13-001, d
BRIDGE NO. 54C-0411.
a
a�
r
U
L
r
G
O
U
O
L
lC
3
a
T
M
co
N
N
3
d
L
V
r
u
)
O
L
a
c
E
L
a
M
t
V
f6
r
r
Q
a-�
C
d
t
V
a
Packet Pg.958
(§aajo wieM le o6ppe jaw}S puooaS;o}uawaoeldeN laelluoo;o plemV:�£SZ) alnpaipS laafoAd 6aeulw!laJd-£4aeRV 4uawLI3LUV
m
Cb
a
! w
Y
i v
CL
o $
O
a
o jy
{ �I
3
{{ �e
O ( y
I€
O 9 € 4
i 1 •
€ • 6
III
! • A 3n
`D
IF
'm
i
Oj
'aa�aa'a'�aiccSaa =5 za`-^ a og.
M� ' �r��S�SSaS��+a��'�saaa-S'a=cge�-S,
{
aea�a^saob: e^=ooaaa�� a obi-,sseoaa:ao mare aa95b$aa3aaaa'aoeeaaaaabaaa�'"€
°s R.
� •°8�8���oA^°R�°=^S�$° ..�a�R°oh°g°�°°R:°...z°t.>. ...- - _- -
5 j
fi S E .E E W E_¢€V� � U • �'n a E E U W U C<a a Y a° L';x
HE `M E �5z3= . W a6� e�:� �86xa�=
® "..R�saxxsss_';aaas_asa 4 :x ::sM axs� msezas .';e'r .R�� �ae ss as sssea
d
d
L
U
E
c�
m
AML
W
d
PROJECT
LOCATION
L
V/
O
V
VI
4-.
O
Y
E
Ar
V
Q
II
C
u O
U
r—
O
L
3
a
M
co
N
LOCATION MAP
SECOND STREET BRIDGE OVER WARM CREEK o
BRIDGE REPLACEMENT PROJECT
O
J
C
d
E
Aw
t
V
t0
r
Q
Packet Pg.960
STATE OF CALIFORNIA.BUSINESS,TRANSPORTATION AND HOUSING AGENCY EDMUND G.BROWN Jr GovemOr
_
DEPARTMENT OF TRANSPORTATION E
Division of Local Assistance
1120 N STREET
P.O. BOX 942874, MS#1
Sacramento,CA 94274-0001 °'
TTY 711
L
(916)654-3151 File: 08-SBD-0-SBD m
Fax(916)653-7621 •'
BRLS-5033(052) ai
L
August 8, 2012 West Second Street over Historic N
Warm Creek east of Arrowhead -0
Avenue, Br. No.54C-0411 =
0
m
Mr. Jim Smith 4-
Interim Director of Public Works °
City of San Bernardino =
v
300 North "D" Street E
a�
San Bernardino, CA 92418-0001
CL
Attn: Mr. Robert Eisenbeisz 0
r
c�
Dear Mr. Smith: L
Enclosed is your fully executed copy of Program Supplement Agreement No. 029-N to Administering Agency-State 0 0
Agreement No. 08-5033R and an approved Finance Letter. Please retain the signed Finance Letter for your records. o
L
In accordance to Government Code 16304, Federal and State funds appropriated by the State budget are available fo
disbursement for limited periods of time. The attached Finance Letter shows the deadlines for liquidation as "Reversior Q
Dates". Please ensure that your invoices are submitted at least 60 days prior to the Reversion Date to avoid any IapSE
of funds. If your agency is unable to seek reimbursement by this date, you may request an extension through � w
Cooperative Work Agreement (CWA). A CWA is subject to the final approval of the State Department of Finance. I
approved, the CWA may extend the deadline for up to one year to federal funds and up to three years for State funds. v
E
Please note that Government Code 16304 does not supersede any other more restrictive expenditure deadlines.
L
Sincerely, o
0
CD
BARRY LEAMING, Chief r
! Office of Project Implementation -South N
Division of Local Assistance
N
W
a
Enclosure o
4-
c: DLA AE Project Files to
r`
(08) DLAE-Savat Khamphou u;
d
0
L
Q.
Q
Q
75
LL
V
d
V
.V
.V
Q
Packet Pg.961
PROGRAM SUPPLEMENT NO. N029 Adv Project ID Date: June 30,2012
to 0812000242 Location: 08-SBD-0-SBD
ADMINISTERING AGENCY-STATE AGREEMENT Project Number: BRLS-5033(052)
v
FOR FEDERAL-AID PROJECTS NO 08-5033 E.A. Number:
Locode: 5033 m
m
This Program Supplement hereby adopts and incorporates the Administering Agency-State Agreement for Federal Aid N
which was entered into between the Administering Agency and the State on 03/12/07 and is subject to all the terms and
conditions thereof.This Program Supplement Is executed in accordance with Article I of the aforementioned Master o
Agreement under authority of Resolution No. 0/o -2 3 approved by the Administering Agency on Vz/0/1/0 - ow
m
(See copy attached). N
0
The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from c
Q
sources noted below obligated to this PROJECT,the Administering Agency accepts and will comply with the special E
covenants or remarks set forth on the following pages. U
Q.
PROJECT LOCATION: tY
West Second Street over Historic Warm Creek east of Arrowhead Avenue, Br. No. 54C-0411
L
a+
TYPE OF WORK: Bridge replacement LENGTH: 0.1(MILES) v
0
Estimated Cost Federal Funds
Matching Funds _
L10E $331,775.00 LOCAL OTHER 3
a
$374,760.00 $42,985.0 $0.00
M
00
Y
U
_ E
L
CITY OF SAN BERNARDINO
STATE OF CALIFORNIA td
Department of Transpoytation
/ { >
By _ _......�'��.. _.... J..L�1 _�µ�� By r 0
Chief, Office of Pro ect Implementation 0
Title _ t N►G-t�+r� IDSYL 6►� Pwbl'�c �f 0Vk_j �
Division of Local Assistance m
Date �i (n
Attest
Date
a
Attest -
N
W
I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: a
0
J Dated �L-- $331.775.00 �
Accounting O ^�r -.-t ------- -
w
Chapter Statutes Item Year Program ( BC Category Fund Source AMOUNT d
0
L
Q-
CL
Q
1
V
Program Supplement 08-5033-N029-ISTEA Page 1 of 3 a
Packet Pg. 962
S.CA.g
STATE OF CALIFORNIA.DEPARTMENT OF TRANSPORTATION
PROGRAM SUPPLMENT AND CERTIFICATION FORM
PSCF(kEV.01/2010) Page 1 of t E
TO: STATE CONTROLLER'S OFFICE DATE PREPARED: PROJECT NUMBER: �y
Claims Audits 5/30/2012 0812000242 M
3301 "C"Street,Rm 404 REQUISITION NUMBER/CONTRACT NUMBER:
Sacramento,CA 95816 RQS 081200000821
L
FROM: m
Department of Transportation d
w
SUBJECT: *-
Encumbrance Document
v
VENDOR! LOCAL AGENCY: C
O
CITY OF SAN BERNARDINO
W
4-
$ 331,775.00 °
PROCUREMENT TYPE:
+y
Local Assistance E
a�
U
CHAPTER STATUTES ITEM YEAR PEC/PECT TASK/SUBTASK AMOUNT ra
33 2011 2660-102-890 2012 2030010300 262042 3 331,775.0
r
U
R
L
t+
O
U
O
L
Q
r
M
00
N
Y
U
E
L
L
Q�
O
AML
W
(n''i^+
N
W
0.
L
O
Lu
O
L
ADA NOtll For individuals with sensory disabilities,this document is available in alternate formats.For information,call(915)654-6410 of TDD(916)-3880 or write Q
Records and Forms Management,1120 N.Street,MS-89,Sacramento,CA 95814. Q
_T
u-
C
d
s
U
(C
r-+
a
Packet Pg. 963
08-SBD-0-SBD 06130/201
BRLS-5033(052)
SPECIAL COVENANTS OR REMARKS
E
1. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for M
specific phase(s) with an "Authorization to Proceed" and will not proceed with future
phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE
for that phase(s) unless no further State or Federal funds are needed for those future
phase(s). m
T
d
d
2. Any State and Federal funds that may have been encumbered for this project are n
available for disbursement for limited periods of time. For each fund encumbrance the =
limited period is from the start of the fiscal year that the specific fund was appropriated 0
within the State Budget Act to the applicable fund Reversion Date shown on the State in
approved project finance letter. Per Government Code Section 16304, all project funds o
not liquidated within these periods will revert unless an executed Cooperative Work
Agreement extending these dates is requested by the ADMINISTERING AGENCY and E
approved by the California Department of Finance. o
CL
d
ADMINISTERING AGENCY should ensure that invoices are submitted to the District
Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to L
avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's c
Office and the Department of Finance; in order for payment to be made, the last date the
District Local Assistance Engineer can forward an invoice for payment to the o
Department's Local Programs Accounting Office for reimbursable work for funds that are
going to revert at the end of a particular fiscal year is May 15th of the particular fiscal a
year. Notwithstanding the unliquidated sums of project specific State and Federal funding
remaining and available to fund project work, any invoice for reimbursement involving N
applicable funds that is not received by the Department's Local Programs Accounting —�
Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. U
These unexpended funds will be irrevocably reverted by the Department's Division of E
Accounting on the applicable fund Reversion Date.
L
d
3. The ADMINISTERING AGENCY will advertise, award and administer this project in >o
accordance with the current published Local Assistance Procedures Manual.
L
m
4. Award information shall be submitted by the ADMINISTERING AGENCY to the District N
Local Assistance Engineer within 60 days of project contract award and prior to the
submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. N
w
a
Failure to do so will cause a delay in the State processing invoices for the construction ,o
phase. Please refer to Section 15.7 "Award Package" of the Local Assistance ;
08-SBD-0-SBD 06/30/201
BRLS-5033(052)
SPECIAL COVENANTS OR REMARKS
PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month
period.
If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY
agrees to submit for each phase a written explanation of the absence of PROJECT m
activity along with target billing date and target billing amount.
L
i..
ADMINISTERING AGENCY agrees to submit the final report documents that collectively
constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT 0
completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of
Expenditures" within 180 days of PROJECT completion will result in STATE imposing o
sanctions upon ADMINISTERING AGENCY in accordance with the current Local
Assistance Procedures Manual. E
U
f0
Q
N
6. The Administering Agency shall not discriminate on the basis of race, religion, age,
disability, color, national origin, or sex in the award and performance of any Federal- L
assisted contract or in the administration of its DBE Program Implementation Agreement. o
The Administering Agency shall take all necessary and reasonable steps under 49 CFR
Part 26 to ensure nondiscrimination in the award and administration of Federal-assisted o
contracts. The Administering Agency's DBE Implementation Agreement is incorporated
by reference in this Agreement. Implementation of the DBE Implementation Agreement, a
including but not limited to timely reporting of DBE commitments and utilization, is a legal
Cn
obligation and failure to carry out its terms shall be treated as a violation of this
Agreement. Upon notification to the Administering Agency of its failure to carry out its
DBE Implementation Agreement, the State may impose sanctions as provided for under
49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 E
U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et
seq.).
0
7. As a condition for receiving federal-aid highway funds for the PROJECT, the
Administering Agency certifies that NO members of the elected board, council, or other m
key decision makers are on the Federal Government Excluded Parties List System N
(EPLS). _
N
8. In the event that right of way acquisition for or construction of this project of the initial a
federal authorization for preliminary engineering is not started by the close of the tenth o
fiscal year following the fiscal year in which the project is authorized, the ti
ADMINISTERING AGENCY shall repay the Federal Highway Administration through w
Caltrans the sum of Federal funds paid under the terms of this agreement.
0
L
Q
Q
21
U.
Q
E
V
Program Supplement 08-5033-N029-ISTEA Page 3 of 3 Q
Packet Pg.965"
w
a
E
L
1 RESOLUTION NO. 2010-23
a
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE c`
m
3 CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL PROGRAM (D
SUPPLEMENTS TO THE MASTER AGREEMENT FOR FEDERAL-AID PROJECTS
Cn
4 NO.97-114 AND REPEALING RESOLUTION NO.2001-331.
0
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:' o
7 WHEREAS, the Congress of the United States in 2005 enacted the Safe, Accountable,
_
0
U
8 flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU) to fund Q
d
9 programs which include, but are not limited to, the Surface Transportation Program (STP), the
L
10 Congestion Mitigation and Air Quality Improvement Program (CMAQ), the Transportation
11 ro-
Enhancement Activities Program (TEA), the Bridge Replacement and Rehabilitation Program 0
L
12
13 (HBRR), and various other federal funded sources which originate with the Federal Highway Q
14 Administration (FHWA)and are channeled to local Agencies through the California Department N
Y
15 of Transportation(Caltrans).
E
L
16 WHEREAS, the Mayor and Council approves each project and allocated funding with
L
Q�
17 the Capital Improvement Program budget each year. >
0
m
rn
18 WHEREAS,to receive the reimbursement of federal allocated funds the City is required
19 m Cn
to execute the Administering Agency-State Agreement No. 97-114 and the Program Supplement
20 N
r21 Agreement for each specific project and phase thereof;and a
0
22 WHEREAS, On November 7, 2001, the Mayor and Common Council approved
ti
23 Resolution No. 2001-331 authorizing the City Administrator or his designee to execute all 0
24 gram Supplements to the Master Agreement for Federal-Aid Projects No. 97-114;and Q
Q
25 WHEREAS, Caltrans is requiring that the approval of the City Manager to execute said 2,
3
26
Program Supplements be updated. C
27
28 Y
a
1
Packet Pg.966
5CA.g
2010-23
E
co
I RESOLUTION...AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
EXECUTE ALL PROGRAM SUPPLEMENTS TO THE MASTER AGREEMENT FOR a
2 FEDERAL-AID PROJECTS NO.97-114 AND REPEALING RESOLUTION NO.2001-331. •,
m
3 NOW THEREFORE,BE IT RESOLVED that:
L
4 SECTION 1. The City Manager or his/her designee is delegated the authority to execute all
c
0
5 Program Supplements to the Master Agreement Administering Agency--State Agreement for U
U)
6 Federal-Aid Projects,and this resolution shall take effect immediately upon its adoption;and, o
7 SECTION 2. Resolution No. 2001-331 is hereby repealed. E
U
8 /// Q,
d
9
10 Ill
0
U
11 fli o
12 3
Q
13
T
M
14 co
N
15 U
E
L
16 M
L
17 0
18 .�
•L
19 00
20
N
W
21 n.
0
22
ti
23
24 °
CL
CL
25 a
26 U.
27
E
s
28 y
Q
SDE/e&Resolutions(lnsuranceoverloadstaffing.Resol 2
Packet Pg.967°
Nor,
2010-23 E
.r
1 RESOLUTION ... AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
2 TO EXECUTE ALL PROGRAM SUPPLEMENTS TO THE MASTER AGREEMENT
FOR FEDERAL-AID PROJECTS NO. 97-114 AND REPEALING RESOLUTION NO. m`
g 2001-331.
Cn
w
4 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
joint o
5 Common Council of the City of San Bernardino at a regular meeting thereof,held an the
w
6 °
1st day of February ,2010,by the following vote,to wit:
d
7 E
Council Members: AYES NAYS ABSTAIN ABSENT U
M
8 CL
ESTRADA x
�.
10 BA)CfER x__ __
0
U
11 BRINKER __ X o
12 sxORETT x 3
a
13 KELLY x __ .___ co
00
14 JOHNSON x
15
MC CAMMACK x M
16
L
17 �__ .�,, . � o
18 City Ierk
L
19 The foregoing resolution is hereby approved this ,day of
February m Cn
2010. a
20 N
w
21
0
22 Patric J. Morris, Mayor ti
San Bernardino w
23 Approved as to form: d
0
24 JAMES F. PENMAN, a
25 City A orney
26 By: 143"� LL
27 E
28
a
3
Packet Pg.968
5.GA g
d
O ti
o jM E
` m
C)
ry �+
t0
d
•L
� m
C
O o G>
O Q1
� L
� � N
N M
a m a 64 v
U C
d
c9 0 N v
m o LL O
0O O o C
o a) rn U
my o,�o
Lo O °d, i0� G 4=- J � m O s U�
p M 0)
C°.)p u) W m a
CO m W N _, V
L9
C)U) O o N -- C u O
O� ` N 6
vi N
rn °- Lx U Dzz o Z
10 m W N O d O +0 L L0'LL a` � a) ~ Q
c w > d R CL
> O
w -0 a Q
O
CD U) a
z co
J
C N
U �
€0 Z U
uj
Z C R
~ N v = O
J a- c Q O Q O
>
cc V c O
a C.)N
LL U N Q LO
M
O
L
o c10i m m LY m
C
cc
m D w f0
O m l C
0 `rw' w N ° N E .O. w
m
CL
,Q 3 v a c u01i L
O �, v a LL �O
LL
co Q ) ti
J t w
= c a) U O m "�
a C -) O
Z a�i m m C7 o LL O >
O o)
FL
:: °c OL
lL N v 0 ai ui u•) ate+ M L2
H Z C V �^ N F N = HI O w N Q
`B w m in Z
!(0 C C >�
�C9 j E a E I-° •u5 m d o
mZO Q) z w O LL
ZOO m 'a tl 0 N
Q Z O C
Q N U c O Q C
U- O N O C
OVQ rn o
Z�C9 U I� o O ^ N
woo
�Za c N ; N Q
r
<
a. < o
.O
� a E Q
O Q (D LY
J -
LL g69
m
5.CA.h
c U m v
Z Co N'o o
O m R'6
c a
= u�
rn
_ z° Eo =
va) 3 Q -0
C o
H w o m a) fa
O y a.a
Z C
F o a)
.� CL L
CL m ca m
m C
N O
N i+
Q I=- a)o E (D
LL E N `a
p °c raw Cf)
P 6
F oOo 000 000 0 m > V C
m o 0 0 0 0 o O o 0 o Q)(n 3
0 W o X609 oq 609 Ge4°s mw Lly U') m E O N V
LL
Q o d m a m fn
U w o m E O
C7 U aa) O @
U
I
2 O c Eo°>
w
Cx
O
C w a Q
> .O #
a_ ui Oa U0 d
a s U m �0 L
cc aa) mEn V
3 C au
d
> E m =
0 o Q N
F o 0 0 0 0 0 0 0 00 c ? U
C) Of Q N 000 000 000 0 o a�
Lo m m U 0LoLo o 0 o 0 L6 6 6 H o w
o (if Of U 69 ^ 69 6a 6a v9(a 69 a m a O
z » fox a
!q� M M M _ m w L
m w vMi sM» � E to u) U
0 O Of J
w a W
w O C Q
,� C Y
Uzz a°)i u) rn V-
< € °' o0
�_ 9
Ir 3� a 0� C q N Fu
W U_ w Co w 2 ro n a Y
o E U
Cr F z N o ? 0-3 OF Q tdn S n`� M�
Q w W S ao c0 C Co
Cn W d F 000 000 000 0 o M J X o `o
M w Z N o O o 0 0 0 0 0 0 0 0 � a) L
tq > > Q W O 000 0 o a 00o o mo Umm o E ° d
F O O > U 69 ro CO v9 69 6> 6a v>09 (D 0 O O O? E L° >
w W ~ U ti m a J v a c O
z d o Fn v a:
W OZW w o0 O (a� _ c n.E
W F- W F U 0 fn W w d N
Q <ZYg `_LDeo >- a a o J ac m
000 W � ciiM Cn 0 0 0 L, LO
U(50wO O Lii as LL n c� :3 n- m= m
Q �Fw V' aU �(q � � T a) LLc+�cn C E E C
N OW aoo00 > > C70 E OMM m R N
p a � � mLLaaw � ? mw Q o N u-`fl"'w ' o f W
Z, Urn m a
~ w c E c= s.
0 a .� m rn'3 O
Q } c V O 0 C rn w
F>- Orn � rL -to W
r - �%a z z z W E o44 cm,
°� � � ~
¢ Q W Co Lb LL��
6-c � m E� a � 'O�
Oz J7 J7 J7J •E (C r: 0
zo mCy mCy Coo N N m inOO � C y L-
a) O OwF 0w0 0w a � y � mm > > - O.
m N a0 z C� () () a' () C �` Q–0O O E Q
> F > F > F O O cy0 V t m .-. C
a• z C? W WNm WLn m WDm t� ti N Q
o N NOW 0 �- z o Cr27 a' 2 � a' 2 � Na C OMM N a) a n
O mo o wm 00 d .� - 0- CO CL V) a F N N m 3 f 69 9{ 7� E a
mNch N ON LO O �"-.
O .6wo aoQ U�o v m E� pCr y Nmn y
O O m In o Cn (n N 'LO U N.- m Q
LL O _ on o o = = m rMi U
Q 0 O(/j w w d Fao FF ov9 W w_
QJ U F a } d W z O Co = d 0 N N N - Q
CLi F N N N
J lnFQo
OW
okwzwo
C/)U) 0 U LLI
Z a Q N O o CJ
W [.0 [.0 w F (7 0 n- x D F v in i0 w
LL 0aafnW a' F om a J LL m o O O LL
Packet Pg. 970
(o 015
Cq w§§0 M
U- Z
C,4 N N N
Vw
12
M . Cn
Cn.o o
z Z Z Z Z
00000 0
Co
0 4--
E
CD
u
Z CL
r
0 >- Z
:5 F —Z
w 0 Z
> ::i -I =)
\j§ \\ 0
0
M Co im m w -0
(A Q) (0 w 0 6.
013002 m
UL U-
z:z z z z
3&000:3:w w w w
0000
22 rn>
LU CO 0 Co
> W M
W Co 0 CL
C14
0
CL 'y W
a.
E
0
z N N z 0
a — 0
z 0 C)
w
w
>- Z z
9 �s�, Z-a
w CD C. 0
0
W LU a
w fl�1 C14
a- IL
U-i LU
Pia a a-
U) 0 C9
W LL Cn
0
W Z (0
w w
cc
0
0 0 0
Lij 0 (if >
UJ (1) 0
w z T 0 m
d m w LU M
w ) \ 5
- P o w
OWZ 5
0 Lu 2
0 0 m U- 3:z
<
Lu 0
U- z Z to D Z au
z
0
0 E
z 0: w
z w w
0 m< Cl) z w
0 U) w CD
m w ;t 2 2 —<
D� U- o LL D
0 0
0 < CD 0
2: z m X:
o
U- LL 0
Pe§g94 971