HomeMy WebLinkAbout08..C- Public Works 8.0
DOC ID: 1479 E
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Report/Information
From: Nadeem Majaj M/CC Meeting Date: 02/06/2012
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 1 & 3
Subject:
Request to Confirm Consultant Selection and Authorize the Director of Public Works or
Designee to Negotiate with the Top Rated Consultants for Preparation of Plans, Specifications,
and Estimates (PS&E) and Right-Of-Way Acquisition for Mount Vernon Avenue Overhead
Replacement Project, CIP Project No. SSO4-012, Bridge No. 54C-0066, Federal Aid Project No.
BRLS-5033 (042).
Financial Impact:
This request will have no financial impact to the City.
Motion 1: Confirm AECOM as top rated Consultant and authorize the Director of Public
Works or Designee to negotiate Scope of Services and Fee with said Consultant
for preparation of Plans, Specifications, and Estimates (PS&E) and Right-of-Way
Acquisition for Mount Vernon Avenue Overhead Replacement Project, CIP
Project No. SSO4-012, Bridge No. 54C-0066, Federal Aid Project No. BRLS-
5033 (042); OR
Motion 2: Authorize the Director of Public Works or Designee to negotiate Scope of
Services and Fee with one of the three highest rated Consultants as identified by
the Common Council for preparation of Plans, Specifications, and Estimates
(PS&E) and Right-of-Way Acquisition for Mount Vernon Avenue Overhead
Replacement Project, CIP Project No. SSO4-012,Bridge No. 54C-0066, Federal
Aid Project No. BRLS-5033 (042); OR
Motion 3: Reject all Proposals and direct staff to re-advertise for Proposals.
Synopsis of Previous Council Actions:
2003 - 2011 - Various Council actions were taken approving hiring of Consultants for the
preparation of an Environmental Document for replacement of the Mount
Vernon Avenue Bridge over the BNSF Railway. The Environmental Document
was approved in June of 2011.
07/05/11 - The Mayor and Common Council adopted FY 2011-12 to FY 2015-16 Capital
Improvement Program(5-Year CIP).
Background:
Updated:2/2/2012 by Mayra Ochiqui E
Packet Pg. 606
1479
The Mount Vernon Avenue Bridge is located between 2nd and 5th Streets on Mount Vernon
Avenue in the City of San Bernardino. The bridge spans over 17 active tracks owned by
Burlington Northern Santa Fe (BNSF), Southern California Regional Rail Authority (SCRRA or
Metrolink) and AMTRAK. It is a vital link along the Mount Vernon Avenue corridor and carries
approximately 17,000 vehicles a day. The bridge was constructed in 1934 and is 1,016 feet long
and 49 feet wide. It carries four traffic lanes, two in each direction with a raised sidewalk
adjacent to traffic lanes on each side. The lane widths and sidewalk widths are substandard. The
bridge has been rated by the Caltrans Division of Structure Maintenance & Investigations as
"Structurally Deficient" and "Functionally Obsolete." In 2004, Caltrans established the
Sufficiency Rating (SR) for the bridge as 2.0 (maximum SR equals 100) after cracks were found
in the main steel girders supporting the bridge. A bridge is normally programmed for
replacement when its SR drops below 50. The bridge was closed by the City for 6 months while
timber shoring supports were installed to carry loads in the vicinity of the cracks. Subsequently,
in 2008, additional cracks were found in the main steel girders by Caltrans Inspectors and more
shoring had to be installed to keep the bridge open, and the City enacted an Ordinance
prohibiting commercial trucks from using the bridge.
The bridge has been listed since the late 1990's for replacement to improve seismic performance,
provide standard vertical clearances over the rail tracks and comply with AASHTO roadway
cross section standards. An environmental document under the National Environmental Policy
[ Act (NEPA) was developed and included geometrics for replacement of the bridge and both
approaches. In June 2011, Caltrans and FHWA approved the environmental document and issued
a Finding of No Significant Impact(FONSI).
The City s obtained a funding obligation in the amount of$2,708,234, of which $2,397,599
h' g g
will be reimbursed from the Federal Highway Bridge Program (HBP), for the preparation of
Plans, Specifications, and Estimates (PS&E) and Right-of-Way Acquisition. The balance in the
'1 amount of $310,635 is the City's matching amount and will come from local funds that are
included in the FY 2011/12 City Budget.
On September 8, 2011, the City issued a Request for Proposals (RFP), conforming to the
requirement of the Caltrans Local Assistant Programs Manual (LAPM), to bridge design firms
for the development of Plans, Specifications, and Estimates (PS&E) and acquisition of right-of-
way for the replacement of the Mount Vernon Avenue Overhead Bridge at the Burlington
Northern Santa Fe Railway (BNSF) Intermodal Yard, Southern California Regional Rail
Authority(SCRRA or Metrolink), and AMTRAK. Copies of the RFP were sent to forty-two (42)
consultants. Notification of its availability and backup documents were posted on the City's web
site.
On October 25, 2011, Proposals were received from five (5) Consultants. The Consultants
submitting Proposals are as follows:
Parsons Brinkerhoff, Inc. of San Bernardino
URS of Santa Ana
STV of Irvine
Updated: 2/2/2012 by Mayra Ochiqui E
Packet Pg. 607
1479
AECOM of Ontario
Biggs Cardosa of Orange
The Proposals were evaluated by a selection committee of four raters consisting of senior staff
from BNSF, Caltrans and the City. The five Proposals were rated by the selection committee and
all five were determined to be in compliance with the RFP. On December 13, 2011, the five
Consultants appeared before the selection committee to present their Proposals and respond to
Questions. The Consultants were rated by the selection committee based on a rating system
approved by Caltrans and contained in the Local Assistance Procedures Manual (LAPM).
Separate rating sheets were completed for the Review of Proposals and the Evaluation of
Interviews. After combining and averaging the ratings from all four raters, the top three firms in
order of highest rating were determined to be as follows:
FIRM AVERAGE RATING
1. AECOM 92.000
2. Biggs Cardosa 89.625
3. Parsons Brinkerhoff, Inc. 82.375
While the selection committee concurred that each of the five proposing firms is fully qualified
and capable of satisfactorily performing the work, the committee recommended AECOM as the
superior candidate firm to provide these services to the City.
The RFP states that after completion of the performance based phases (review of proposals and
evaluation of interviews) of the selection process, the Consultant with the highest rating will be
invited to submit a fee Proposal Schedule and final scope of work. In the event that a mutually
acceptable Compensation Package (negotiated fee proposal and final scope of work) cannot be
established, the City reserves the right to end negotiations and invite the Consultant with the
second highest rating to submit a proposal as described above. This proposal will also be subject
to negotiation and the process may continue down the list of proposers until a final scope and fee
acceptable to both parties is achieved. This process is consistent with the requirements of the
LAPM.
Therefore, staff is requesting that the Mayor and Common Council authorize the Director of
Public Works or designee to negotiate a fee and Scope of Services with AECOM for preparation
of Plans, Specifications, and Estimates (PS&E) and Right-of-Way Acquisition for Mount Vernon
Avenue Overhead Replacement Project, CIP Project No. SSO4-012, Bridge No. 54C-0066,
Federal Aid Project No. BRLS-5033 (042) subject to the provision that, in the event that a
mutually acceptable scope and fee cannot be determined, the Director of Public Works or
designee is directed to end negotiations and invite the consultant with the second highest rating
to submit a Proposal as described above. This proposal (fee Proposal and Scope of Work) will
also be subject to negotiation and the process may continue down the list of Proposers until a
mutually acceptable scope and fee are determined.
It should be noted that, although staff is recommending that the Mayor and Common Council
authorize the Driector of Public Works or designee to negotiate with AECOM, the Mayor and
Updated:2/2/2012 by Mayra Ochiqui E
Packet Pg. 608
8.0
1479
Common Council,under terms of the RFP, have the authority to direct staff to begin negotiations
with any of the three top rated firms, or to reject all Proposals and direct staff to send out a new
RFP.
After completion of negotiations,the final agreement will be returned to the Mayor and Common
Council for final approval and award.
If authority to negotiate with the Consultant's is approved, staff anticipates the following
schedule for the work:
Select design engineering firm Feb 2012
Council award of contract for PS&E&R/W Apr 2012
acquisition
Start Plans, Specifications&Estimate(PS&E) May 2012
Start Right-of-Way acquisition Jun 2012
Application for regulatory permits Nov 2012
Completion of PS&E May 2013
Right-of-Way Acquisition estimated May 2013
completion date
Council approval of CEQA May 2013
Receipt of all regulatory permits Nov 2013
Construction Funding Obligation and Dec 2013
authorization to advertise for bids
Bid opening Jan 2014
Council award of construction contract Mar 2014
End Construction Mar 2016
Project Close-out Sep 2016
Supporting Documents:
RFP Mt Vernon Bridge PS&E and R-W (PDF)
Addendum No. 1 Mt Vernon Br BRLS-5033 042 (PDF)
Addendum No 2 Mt Vernon Bridge BRLS-5033 042 (PDF)
Addendum No 3 Mt Vernon Bridge BRLS-5033 042 (PDF)
Updated:2/2/2012 by Mayra Ochiqui E
Packet Pg. 609
i
CITY OF SAN BERNARDINO Nadeem Majaj P.E.—DIREM
PUBLIC WORKS DEPARTMENT North IV"Street
San Bernardino,CA 92418-0001
909.384.5140
M0
September 8, 2011 =
2
r
as
co
c
w
Re: Request for Proposal (RFP) to provide Consultant Services for Plans, Specifications,
and Estimates (PS&E) and Right-Of-Way Acquisition for Mount Vernon Avenue c°0
Overhead Replacement Project Bridge No. 54C-0066 CIP Project No. SSO4-012
i Federal aid Project No. BRLS-5033 (042).
� m
Gentlemen: °_
L
0
The City of San Bernardino is soliciting proposals from qualified firms to provide professional Services for
Consultant Services for Plans, Specifications, and Estimates (PS&E) and Right-Of-Way
Acquisition for Mount Vernon Avenue Overhead Replacement Project Bridge No. 54C-
0066.
Proposals must be submitted to: W
W
_
Robert Eisenbeisz, City Engineer w
City of San Bernardino 06
Development Services Department a
d
300 North"D" Street a'
San Bernardino, CA 92418-0001 m
Proposals must be received by the Office of the City Engineer no later than 4:00 p.m. on c
Tuesday,October 11,2011, in order to be considered in the selection process. >
w
Please review the requirements on the attached RFP and submit your proposal accordingly. If
you have any questions, please contact Michael Grubbs at (909) 384-5179 or the undersigned at
(909) 384-5203.
E
s
Sincerely, y
w
a
Robert Eisenbeisz
City Engineer
KM:MG:ow
Enclosure
Packet Pg.610
8.C.a`m
CITY OF SAN BERNARDINO Na deem Majaj P.E.-DIRECTOR
PUBLIC WORKS DEPARTMENT North "D"Street
go San Bernardino,CA 92418-0001
909.384.5140
San Bernu 1110
REQUEST FOR PROPOSAL
0
TO PROVIDE
cn
CONSULTANT SERVICES FOR w
PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) AND N
0
RIGHT—OF—WAY ACQUISITION
FOR
MOUNT VERNON AVENUE OVERHEAD REPLACEMENT m
PROJECT
BRIDGE NO. 54C-0066 >
CIP PROJECT NO. SSO4-012
FEDERAL AID PROJECT NO. BRLS-5033 (042)
DEPARTMENT OF PUBLIC WORKS �
W
a.
d
AML
W
O
L
>
a.
w
ARN
c
�a
DATE RELEASED: SEPTEMBER 8, 2011
DUE DATE: TUESDAY, OCTOBER 11, 2011 AT 4:00 PM
Packet Pg.611
INDEX
DESCRIPTION PAGE NO.
PROPOSER'S CERTIFICATION AND ACKNOWLEDGEMENT OF ADDENDA 4
SECTION 1.0 - GENERAL INFORMATION AND INSTRUCTIONS TO PROPOSERS
A. Job Walk 6
B. Examination of Documents 6
C. Addenda 6
D. Clarifications a�
E. Submission of Proposals 7 in
F. Recommended Qualifications of Proposers 9
G. Pre-Contractual Expenses 10 =
H. Selection Process 10
I. Agreement Award 11 °
U
J. Acceptance of Agreement and Purchase Order 11
K. Time of Performance 11
L. Web Site Address for Back-up and Reference Material 12 m
M. Pre-Award Audit 12 c°
N. Underutilized Disadvantaged Business Enterprise(UDBE)Requirements 12
O. UDBE Information Good Faith Effort 12 .:
P. Disadvantaged Business Enterprise (DBE) 13
Q. Standard Agreement for Subcontractor/DBE Participation 13
R. Non-lobbying Certification For Federal-Aid Contracts 13
S. Disclosure of Lobbying Activities 13
T. Current Project Status 13
c
SECTION 3.0—DRAFT SCOPE OF WORK W
3.1 Project Description 14 a
3.2 Standards 16
3.3 Design Criteria 18 m`
SECTION 4.0—GENERAL CONDITIONS AND REQUIREMENTS c
a
4.1 Project General Conditions and Requirements 21
a
U_
SECTION 4.0—STATEMENT OF WORK
c
4.1 Task 1 —Project Management/Coordination/Administration 25 E
4.2 Task 2—Environmental Document Verification and Supplemental
Environmental Document Support 30 a
4.3 Task 3 —Site Investigation/Utilities/Mapping/Reports 31
4.4 Task 4—Protection of the Santa Fe Smokestack(Deletable Task) 34
4.5 Task 5 —30%PS&E Submittal 35
4.6 Task 6—60%PS&E Submittal 39
4.7 Task 7— 100%PS&E Submittal 47
4.8 Task 8—Construction Bidding Phase 51
4.9 Task 9—Construction Support Phase 52
Page 2 of 55
Packet Pg. 612
INDEX(Continued)
DESCRIPTION PAGE NO.
4.10 Task 10—Project Closeout 54
4.11 Task 11 —Contingency 55
Attachments—Draft City Standard Agreement for Services.
Caltrans LAPM Exhibit 10-I Notice to Proposers DBE Information.
Caltrans LAPM Exhibit 104 Standard Agreement for Subcontractor/DBE E
Participation. 2
Caltrans LAPM Exhibit 10-01 Local Agency Proposer UDBE a
Commitment. W
Caltrans LAPM Exhibit 10-02 Local Agency Proposer DBE Information.
Caltrans LAPM Exhibit 10-P Nonlobbying Certification for Federal-Aid
Contracts. c
Caltrans LAPM Exhibit 10-Q Disclosure of Lobbying Activities. L)
Caltrans LAPM Exhibit 15-H UDBE Information-Good Faith Effort.
L
Documents posted on the web site at m
F htt ://www.ci.san-bernardino.ca.us/serviceslre nest for bids! ublic works
L
/Caltrans Forms and Instructions/
Caltrans LAPM Exhibit 10-I Notice to Proposers DBE Information.doc
Caltrans LAPM Exhibit 104 Standard Agreement for Subcontractor/DBE
Participation.pdf
Caltrans LAPM Exhibit 10-01 Local Agency Proposer UDBE
r�
Commitment.doc
Caltrans LAPM Exhibit 10-02 Local Agency Proper DBE W
Information.doc
Caltrans LAPM Exhibit 10-P Nonlobbying Certification for Federal-Aid UJ
Contracts.pdf a
Caltrans LAPM Exhibit 10-Q Disclosure of Lobbying Activities.doc a)
Caltrans LAPM Exhibit 15-H UDBE Information-Good Faith Effort.doc
/Mount Vernon Bridge Environmental Documents 2011/ m`
Mt Vernon Ave Bridge Executed MOA.PDF o
Mt Vernon Ave Bridge Environmental Assessment BRLS-5033-042.pdf
/Mt Vernon Bridge Plans 1933/
High Resolution-Mt Vernon Bridge 54CO066 1933 Plans-Approx. 45
a
sheets in Tiff format. U_
Low Resolution -As Built_54c0066 from Caltrans Bridge Inspection
Records Information System.pdf
/Approved E-76/ _
Approved E-76 Final Design BRLS-5033 042 Mt Vernon Br 08-16-11.pdf
/Value Analysis/ a
Mt Vernon Avenue Bridge Replacement-Final Value Analysis.pdf
/Concept Plans/
Mt Vernon Bridge Project Area Impact Map.pdf
Mt Vernon Bridge Plan&Profile.pdf
Mt Vernon Bridge Artist Rendition.pdf
Mt Vernon Bridge 2010 Aerial Parcels.pdf
Mt Vernon Bridge Typical Cross-Sections.pdf
Page 3 of 55
Packet Pg.613
PROPOSER'S CERTIFICATION AND ACKNOWLEDGMENT OF
ADDENDA FOR
MOUNT VERNON AVENUE OVERHEAD REPLACEMENT PROJECT
CIP PROJECT NO. SSO4-012 (BR. 54C0066)
The undersigned hereby certifies that I am an officer of the firm submitting the attached Proposal
and that I am authorized to submit said Proposal on behalf of my firm. I hereby bind my Firm to 0
r
this Proposal and state the following(if submitting a Proposal): a
a�
Cn
This offer shall remain valid for a minimum of 180 days from the RFP close date; and =
Y
All terms and conditions as set forth in this RFP shall apply to this offer; and
0
In signing this offer, I warrant that all certifications and documents requested herein are attached
and properly completed and signed; and
m
I certify that my Firm and the subcontractors identified in the Proposal are all experienced and o
qualified to perform this work with full consideration given to the complexities of Federal Aid
processing and these complexities have been fully considered in the preparation of my Firm's
Proposal; and
I certify that I have received all addenda as indicated below and have incorporated the addenda in
the attached Proposal; and 3:
I certify that, if offered an Agreement for the proposed work, my Firm will execute the City's
standard consultant agreement, a draft copy of which is attached hereto.
Verification of Addenda Received n.
d
a�
Addendum No: Received on: m
r-
0
Addendum No: Received on: L
Addendum No: Received on:
a
LL
AUTHORIZED SIGNATURE:
c
PRINT SIGNER'S NAME AND TITLE: E
0
Y
Y
a
DATE SIGNED:
COMPANY NAME:
Page 4 of 55
Packet Pg.614
MAILING ADDRESS:
CITY AND STATE:
ZIP CODE:
PHONE:. FAX:
I o
t.
d
a�
f cca
N
c
O
U
a>
m
c
O
c
L
a�
c
co
W
06
N
a
m
rn
m
c
O
c
L
d
rt+
G
a
LL
a..
C
d
E
s
ca
r
Q
Page 5 of 55
Packet Pg.615
SECTION 1.0
GENERAL INFORMATION AND INSTRUCTIONS TO PROPOSERS
A. Job Walk
A job walk is not planned for this Project. Proposers shall be responsible for carefully
examining site conditions prior to submitting a Proposal. Please note that access to some
areas under the bridge shall require approval of BNSF. _
2
U
B. Examination of Documents
d
M
1. By submitting a Proposal, Proposer represents that it has thoroughly examined
and become familiar with the items required under this RFP and that it is capable
of quality performance to achieve the City's objectives. o
U
2. The City reserves the right to remove from its mailing list for future RFPs, for an a,
undetermined period of time, the name of any Proposer for failure to accept a m
Agreement, failure to respond to two (2) consecutive RFPs and/or unsatisfactory o
performance.
If you are unable to respond to this solicitation, but wish to remain on the mailing
list, please indicate by letter on company letterhead the reason you are unable to
submit and mail or fax to the City prior to the submittal deadline.
C. Addenda
Any City changes to the requirements shall be made by written addendum to this RFP. c
Any written addenda issued pertaining to this RFP shall be incorporated into the terms 06
and conditions of any resulting Purchase Order. The City shall not be bound to any a.
d
modifications to or deviations from the requirements set forth in this RFP as the result of M
oral instruction. Receipt of addenda must be acknowledged on the form provided (see m
c
page 4 of this RFP). 0
F
d
D. Clarifications
a.
1. Clarification of Documents LL
a:
Should a Proposer require clarification(s) of this RFP, the Proposer shall notify
the City in writing in accordance with Section D.2 as follows. The City may, at its
discretion, issue a written addendum clarifying the matter, which shall be sent to
all persons who have requested the RFP. Q
2. Submitting Requests
a. All questions, clarifications or comments shall be put in writing and
received by the City no later than Thursday September 29, 2011 at 4:00
PM, and be addressed as follows:
Page 6 of 55
Packet Pg. 616
Robert Eisenbeisz,P.E.
Department of Public Works
City of San Bernardino
300 North"D" Street, 3rd floor
San Bernardino, CA 92418
b. The exterior envelope of all requests for clarifications, questions and
comments must be labeled with the title of this RFP and clearly marked
0
"Not an Offer." The City is not responsible for failure to respond to a
request that has not been labeled as such.
Y
Y
The City will also accept questions sent by facsimile machines or e-mail; N
however, all faxed questions must be received by the City no later than the 0
date and time specified above. Send facsimile transmissions to (909) 384-
1 5573, attention Michael Grubbs, P.E. or e-mail to grubbs migsbcity.org. °
E-mailed inquires shall be in the form of a PDF attachment on company
letterhead and signed by a representative of the company and shall include
all contact information for the representative. >
F Y
p
C. Every effort will be made to respond promptly to inquiries, however, in
fairness to all consultants inquiries received after Thursday September 29, r
i 2011 may not be accepted.
d. It is noted that all inquiries and responses thereto will be shared with all of
C
the requestors to this RFP in addition to the inquirer.
W
06
Cn
3. City Responses o.
a�
Responses from the City will be communicated in writing to all recipients of this
RFP, and will be postmarked no later than Wednesday, October 5, 2011.
0
c
E. Submission of Proposals j
CY
G
1. Date and Time a
U.
W
All Proposals are to be submitted to City of San Bernardino, Attention: Robert
C
Eisenbeisz, P.E. Proposals received after 4.00 p.m., Tuesday October 11 2011 0
must be rejected by the City as non-responsive.
Y
Y
2. Address a
Proposals shall be addressed as follows:
Robert Eisenbeisz,P.E.
Department of Public Works
City of San Bernardino
300 North "D" Street, 3rd floor
Page 7 of 55
Packet Pg. 617
San Bernardino, CA 92418
Proposals may be delivered in person to the Department of Public Works, 3`a floor
at the above address.
Mailed Proposals must arrive prior to the closing deadline. Postmarks will not be
accepted and the City cannot assume responsibility for delays in mailing.
3. Proposal Packa a Requirements o
2
A Proposal package shall consist of: a
co
a) A transmittal letter on your Firm's letterhead signed by an officer of
Iq
the Company/Corporation authorized to commit the Firm to this N
proposed Agreement, and 0
b) Proposers Certification and Acknowledgement of Addenda, and
L
c) Proposer's understanding of the background, technical challenges and o
goals of the project, and E
(D
d) Proposers understanding of the Scope of Work for the Proposed Project
broken down by Task and explaining how each Task will be addressed,
ti
and
e) Organizational chart and proposed staffing, including resumes, and
f) Name and resume of the proposed Project Manager, and
w
g) Gant chart showing the proposed work schedule identified by Task and a
subtask,where appropriate, and a,
h) Summary by Proposer of Project qualifications as identified in Section m
1.0,paragraph F, and °c
d
i)Explanation of tasks/duties for which you will expect the City to assume
responsibility,and LL
W
j) Exceptions your Firm takes to this RFP and/or the draft Standard
Agreement(if none, so state), and E
t
k) Suggestions as to how this RFP can be improved(Optional Item).
a
The envelope shall arrive sealed and be addressed as shown above, bearing the
Proposer's name and address and clearly marked as follows:
"Proposal to provide Consulting Services for Plans, Specifications, and
Estimates (PS&E) and Right-of-Way Acquisition for Mount Vernon Avenue
Overhead Replacement Project, CIP Project No. SSO4-012, Bridge No. 54C-
0066,Federal Aid Project No. BRLS-5033 (042)".
Page 8 of 55
Packet Pg. 618
Submittal of a Fee envelope is not required at time of submittal of the Proposal.
After completion of the selection process, the Consultant with the highest rating
will be invited to submit a Fee Proposal consisting of the following:
1. A transmittal letter on your Firm's letterhead signed by an officer of the
Company/Corporation authorized to commit the Firm to this Fee Proposal, and
2. Proposed Not-to-Exceed fee requirement for the Project broken down by Task
and sub-task to the extent possible. Subconsultants fee requirement shall be
similarly listed, and °
3. Explanation of Firm's financial condition,and
4. Information of you Firm's founding, legal name, form of organization and in
document showing authority of the designated Officer to sign contracts on
behalf for the Firm. N
The Fee Proposal will be subject to negotiation. In the event an agreement on a U
Compensation Package (negotiated Fee Proposal) acceptable to both parties a,
cannot be reached, the City reserves the right to end negotiations and invite the m
Consultant with the second highest rating to submit a Fee Proposal as described =
above. This Fee Proposal will also be subject to negotiation and the process may =
continue down the list of Proposers until a Compensation Package acceptable to
both parties is achieved.
4. Acceptance of Proposals
a. The City reserves the right to accept or reject any and all Proposals, or any y
item or part thereof, or to waive any informalities or irregularities in
offers.
_
W
b. The City reserves the right to withdraw this RFP at any time without prior a
notice and the City makes no representations that any Agreement will be
awarded to any proposer responding to this RFP. c
m
C. The City reserves the right to postpone Proposal opening for its own
L
convenience. d
F. Recommended Qualifications of Proposers a
In addition to professional qualifications required under the California Professional
Engineers Act,Professional Land Surveyors Act, and other laws, it is highly desirable
that the prime Consultant who submits and signs a Proposal in response to this RFP has
completed the design of at least five (5)bridge structures in the last ten(10)years that Q
meet one or more of the following criteria:
1. Construction cost estimate equal to$35,000,000 or more.
2. Federally funded and subject to review and approval by Caltrans.
3. Has a length of 1,000 feet and accommodates 4 lanes of traffic.
Page 9 of 55
Packet Pg.619
4. Spans over an active railroad or highway.
5. Consists of a similar structure type(long-span,pre-cast,post-tensioned,box girder
construction).
6. Replaced an existing long span bridge at the same location.
7. Possess a historic character requiring unique architectural treatment.
I
G. Pre-Contractual Expenses 0
U
Pre-contractual expenses are defined as expenses incurred by the proposer in:
_
1. Preparing its response to this RFP.
N
2. Submitting that response to City. o
U
3. Negotiating with City any matter related to this RFP; or
m
4. Any other expenses incurred by the proposer prior to date of award, if any, of the =
0
Agreement. _
The City shall not, in any event, be liable for any pre-contractual expenses incurred by
proposer in the preparation of its Proposal; proposer shall not include any such expenses
as part of its response.
H. Selection Process
The selection process shall be based on a point system and shall consist of three phases as
follows: 06
Cn
a
1. First phase of the selection process shall consist of an evaluation by staff of the
Proposal submittals. A maximum of 100 points can be achieved in this phase of the
selection process. The consultants with the highest numerical scores shall be invited to 0°
0
continue with the second phase of the selection process.
d
2. Second phase of the selection process shall consist of staff evaluation of a
presentation by three or more consultants(depending on the number and quality of the a
Proposals)with the highest numerical score from the first phase selection. The interview
shall be detailed questions on this specific Project, including, but not limited to,
personnel, schedule,Project staging, and knowledge of the Project. A maximum of 100
points can be achieved in this phase of the selection process. a
3. The third and final phase of the selection process shall consist of staff submitting
a final package to the Mayor and Council for consideration approval. Final scores of the
three(3)highest rated consultants (from Phases 1 &2) shall be submitted to the Mayor
and Common Council with a recommendation to award an Agreement for Services to the
consultant with the highest numerical score. However,the Mayor and Common Council
Page 10 of 55
Packet Pg.620
8.1 a
retain the discretion to award an Agreement for Services to any of the top three
consultants or to reject all Proposals.
4. If the Mayor and Common Council award an Agreement for Services,the selected
Consultant shall be requested to execute an Agreement for Services(draft copy attached).
Failure of the selected consultant to execute the Agreement within 60 days of approval by
the Mayor and Common Council shall void the approval.
5. Prior to award of an Agreement as indicated in Item 4 above,the selected c
Consultant shall be required to submit to a pre-award audit as required by the Caltrans
Local Assistance Procedures Manual for Consultants meeting certain thresholds. co
c
I. Agreement Award w
Issuance of this RFP and receipt of responses does not commit the City to award a o
Purchase Order. The City reserves the right to postpone Proposals opening for its own
convenience, to accept or reject any or all Proposals received in response to this RFP, and
to negotiate with other than the selected Proposer(s) should negotiations with the selected
Proposer(s)be terminated. c
c
d
J. Acceptance of Agreement and Purchase Order
The successful Proposer will be required to execute an Agreement to provide Consulting ti
Services for Plans, Specifications, and Estimates (PS&E) and Right-of-Way Acquisition n
for Mount Vernon Avenue Overhead Replacement Project Bridge No. 54C-0066 Federal
Aid Project No. BRLS-5033 (042). Upon full execution of the Agreement, a Purchase
Order will be issued in accordance with, and including as a part thereof, the published o
Request for Proposals, and the RFP documents including all requirements, conditions and 06
specifications contained therein, with no exceptions other than those specifically listed in a
d
the written Purchase Order. -a
m
Exceptions to the language in the Agreement, which are noted by Proposers during the o
selection process, shall be referred to the City Attorney for consideration. The decision I,
of the City Attorney shall be final. >
If the Proposer fails to execute the Agreement within 60 days of the date of approval by
the Mayor and Common Council, the Agreement shall be null and void. In the event this
occurs, the City may, at its sole discretion, cancel the Agreement with the selected
Consultant and enter into an Agreement with another Proposer.
K. Time of Performance a
This Agreement shall commence on the date approved by the City Manager and continue
until work on Plans, Specifications and Estimate (PS&E) and acquisition of Right-of-
Way for the Mount Vernon Bridge Replacement Project (SSO4-012) is completed, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties.
Page I1 of 55
Packet Pg.621
B.C.a 7
The City has estimated that 18 months is adequate time to complete the work. Proposers
are encouraged to prepare their own estimate and propose accordingly.
L. Web Site Address for RFP and Back-up Material
A copy of additional backup material is available at:
http•//www ci san bernardino ca us/services/request for bids/public works/defdult.asp
Please note that this web site is provided as a convenience to prospective Proposers and
the City does not warrant the accuracy or completeness of the material posted at the site. _
Official copies of the RFP and back-up materials are available at San Bernardino City 0
Hall,Public Works Department.
d
Y
M. Pre-Award Audit
Y
Prior to award of an Agreement,the successful Proposer shall complete,within a timely o
manner, a Pre-Award Audit conforming to the requirements of the Caltrans Local
f Assistance Procedures Manual Chapter 10. Failure to complete the Pre-Award Audit in a
timely manner may jeopardize selection and/or award of an Agreement. The City will pay m
the cost of the audit. o
L
N. Underutilized Minority Business Enterprise(UDBE) >
Proposers are advised that this project is subject to the requirements of Caltrans Local
Assistance Procedures Manual Chapter 10 regarding Underutilized Minority Business P_
Enterprise (UDBE).The UDBE contract goal for this project is 9.77%.
It is the proposer's responsibility to verify that the UDBE(s)falls into one of the
following groups in order to count towards the UDBE contract goal: 1)African
Americans; 2)Asian-Pacific Americans; 3)Native Americans; 4)Women. This Ui
information must be submitted with your Proposal. A filled in and signed copy of a
Proposer UDBE Commitment,Exhibit 10-01, must be submitted with your Proposal.
Failure to submit the required UDBE commitment will be grounds for finding the -0
Proposal nonresponsive. 0°
c
0
c
O. UDBE Information Good Faith Effort
Y
Proposers will be required to submit a filled in and completed copy of UDBE a
Information-Good Faith Effort, Exhibit 15-H, to document adequate good faith effort. U_
Proposers should submit the information even if the"Local Agency Proposer UDBE ;.
Commitment"form indicates that the Proposer has met the UDBE goal. This will protect E
the Proposer's eligibility for award of the contract if the administering agency determines
that the Proposer failed to meet the goal for various reasons,e.g.,one or more of the
proposed UDBE firms may not be certified at time of Proposal submittal or they may be a
unable or unwilling to perform the work.
Submittal of only the"Local Agency Proposer UDBE Commitment"form may not
provide sufficient documentation to demonstrate that adequate good faith efforts were
made.The Good Faith efforts documentation must be included with the Proposal.
Page 12 of 55
Packet Pg.622
P. Disadvantaged Business Enterprise(DBE)
The successful Proposer shall be required to submit Local Agency Proposer DBE
Information in accordance with Caltrans Local Assistance Procedures Manual Chapter
10. A filled in and signed copy of Proposer DBE Information,Exhibit 10-02, must be
submitted with your Proposal.
Q. Standard Agreement for Subcontractor/DBE Participation
O
w
Subcontracts shall conform to the requirements of Exhibit 10-J Standard Agreement for d
Subcontractor/DBE Participation. To the extent possible,the language shall be copied in
verbatim or Exhibit 10-J may be incorporated into the subcontract. The language in
Exhibit 104 shall take precedence over all other language in the subcontract.
N
_
O
R. Nonlobbying Certification For Federal-Aid Contracts v
a�
rn
Proposers are required to submit the Nonlobbying Certification for Federal-Aid Contracts m
form conforming to Caltrans Local Assistance Procedures Manual Chapter 10. A signed =
copy of NonLobbying Certification for Federal-Aid Contracts, Exhibit 10-P, must be c
submitted with your proposal. >
S. Disclosure of Lobbying Activities
ti
Proposers are required to submit the Disclosure of Lobbying Activities form conforming
to Caltrans Local Assistance Procedures Manual Chapter 10. The completed and signed
Nonlobbying Certification, Exhibit 10-Q, must be submitted with your proposal.
_
T. Current Proiect Status W
06
CO
A Finding of No Significant Impact(FONSI)was approved by Caltrans in June 2011. A an
Request for Authorization(RFA)was submitted to Caltrans requesting authorization to -a
proceed and HBR funding obligation for final PS&E. The approved E-76 obligating m`
funds and authorizing the City to proceed was received on August 23, 2011.
L
d
Thank you for your interest in this Project. If you have questions regarding this Proposal or
suggestion for improving the RFP or the process,please do not hesitate to call Mike Grubbs,
a
Project Manager at(909) 384-5179 or e-mail g ubbs migsbcity.org W
r
d
E
w
a
Page 13 of 55
Packet Pg.623
SECTION 2.0
DRAFT SCOPE OF WORK
FOR
CONSULTANT SERVICES FOR
PLANS, SPECIFICATIONS, AND ESTIMATES (PS&E) AND RIGHT-OF-
WAY ACQUISITION
d
FOR Cn
MOUNT VERNON AVENUE OVERHEAD REPLACEMENT PROJECT w
BRIDGE NO. 54C-0066
O
U
FEDERAL AID PROJECT NO. BRLS-5033 (042)
SEPTEMBER 2011 m
c
O
2.1 PROJECT DESCRIPTION E
d
2.1-1 Background
The City of San Bernardino (City) has obtained funding through the Federal
Highway Bridge Program (HBP) program for replacement of the Mount Vernon Avenue
ti
Overhead(Bridge No. 54C-0066)Bridge Replacement Project. The HBP funding will be
matched by local funds. Currently,the City is proceeding with development of the Plans,
Specifications, and Estimates (PS&E) for the replacement of the grade separation Project wars
at the Burlington Northern Santa Fe Railway (BNSF) Intermodal Yard, Southern a
d
California Regional Rail Authority (SCRRA or Metrolink), AMTRAK and Mount -a
Vernon Avenue, in San Bernardino County, California. For purposes of this Scope of co a
O
Work, the structure to be replaced will be referred to as the Mount Vernon Avenue
Bridge.
a
2.1-2 Location and Limits �
The Mount Vernon Avenue Bridge is located between 2"d and 51h Streets on
Mount Vernon Avenue in the City of San Bernardino.
2.1-3 Statement of Intent a
Subject to the conditions contained in this RFP, it is the intent of the City to
award a professional services Agreement to provide engineering services including
supplemental environmental document support, preparation of PS&E, right of way
engineering and support during construction of the grade separation Project.
Page 14 of 55
Packet Pg.624
8.C.a
2.1-4 General Project Description and Purpose
The Mount Vernon Avenue Bridge was constructed in 1934 and is 1,016 feet long
and 49 feet wide. It carries four traffic lanes, two in each direction with raised sidewalk
adjacent to traffic lanes on each side. The lane widths and sidewalk widths are
substandard. The bridge has been rated by the Caltrans Division of Structure
Maintenance & Investigations as Structurally Deficient and Functionally Obsolete. In
2004, Caltrans established the Sufficiency Rating for the bridge as 2.0 after cracks were 2
found in the main steel girders supporting the bridge. The bridge was closed by the City
co
for 6 months while timber shoring supports were installed to carry loads in the vicinity of
Y
the cracks. In 2008, the City enacted an Ordinance prohibiting commercial trucks from
0
using the bridge.
d
L
The purpose of the Project is to replace the existing overhead bridge to improve
0
seismic performance,provide standard vertical clearances over the rail tracks and comply
with AASHTO roadway cross section standards. An environmental document has been
developed and includes geometries for replacement of the overhead bridge and both T
approaches. The Consultant is to establish and confirm the geometries for the Project and
♦r+ subsequently develop all necessary construction documents and approvals to build the
Project. R
w
Ca
Cn
The selected Consultant will be tasked to provide the following services in 4)
connection with the Mount Vernon Avenue Bridge Replacement Project:
m`
• Design the replacement of the existing bridge over BNSF 0
L
line/SCRRA/AMTRAK. >
Y
• Design all necessary roadway improvements to provide 4 lanes of traffic, curbs,
a
LL
sidewalk on each side, street lights and protective bridge railing simulating the
historic architecture of the existing 1934 bridge.
• Design two Shoofly Tracks in the BNSF yard (including intermodal yard
Y
Y
elements and modifications). a
• Design retaining walls.
• Conduct Geotechnical, Materials and Foundation Investigation and prepare
Reports
Page 15 of 55
Packet Pg.625
■ Complete Phase II Hazardous Waste Investigation, Recommendations, and
Mitigation implementations.
■ Design drainage modifications.
■ Conduct utility research and facilitate relocations as necessary.
■ Design signage and signalization to include modifications to the existing traffic
signal at 2nd Street and Mount Vernon Avenue.
■ Design traffic and Pedestrian detour analysis,recommendations and design. 2
■ Design and coordinate Bridge Demolition and Construction Staging with )
minimum impact to the BNSF, SCRRA and AMTRAK facilities and operations.
■ Conduct aerial Topography.
0
■ Conduct design Surveys. U
as
■ Prepare engineering documents for acquisition of right-of-way.
.L
Assist City in right-of--way acquisition (including utility agreements and full
0
F
coordination).
■ Design improvements in support of right-of-way acquisition.
■ Design overhead Bridge Architectural Aesthetics per Memorandum of Agreement ti
(MOA)with State Historic Preservation Officer.
■ Design compliance with the National Pollutant Discharge Elimination System
(NPDES) including temporary and permanent Best Management Practices
w
(BMP's). N
a.
■ Design landscaping and irrigation system.
■ Design lighting. m
■ Coordinate permitting. c
L
■ Facilitate Public Utilities Commission Order to Construct. >
■ Facilitate PUC and Railroad Construction and Maintenance agreement. 5;
a-
LL
■ Coordinate with Caltrans Local Assistance Procedures Processing including all
c
necessary documentation.
E
■ Provide design support during construction.
w
■ Assist in project close-out. a
2.2 STANDARDS
2.2-1 Conflicts/Design Exceptions
Page 16 of 55
Packet Pg.626
8.C.a
In the event that any non-standard features become necessary during the initial
design, Consultant shall prepare the necessary design exceptions following Caltrans
guidelines modified to fulfill requirements of compliance with approval of HBP funding.
Consultant shall certify Project including PS&E in accordance with Caltrans Local
Assistance Procedures.
2.2-2 Plans, Specifications and Estimates (PS&E)
PS&E shall be prepared in English units and in conformance with the latest °
editions of applicable standards. As part of the work involved in the preparation of the
co
PS&E, Consultant shall prepare Special Provisions pertaining to items of work included
in the plans that are not addressed in the latest editions of applicable standards. N
Consultant shall furnish and compile Special Provisions to include City contract 0
a�
rn
administration requirements.
L
m
2.2-3 Reference Materials o
Consultant shall utilize the following documents. Please note it is not the City's
intent to provide an exhaustive list of resources; therefore, Consultant shall make use of
additional reference material as appropriate. Consultant shall also be responsible for
v
ensuring the most recent version of all reference material are used, including any addenda
and errata. 0:
• A Policy on Geometric Design of Highways and Streets(AASHTO)
cc
• California Public Utilities Commission(CPUC) General Orders Requirements 06
• California Regional Water Quality Control Board Requirements
• Manual of Uniform Traffic Control Devices(MUTCD) m
• MUTCD California Supplement c
L
• Standard Specifications for Public Works Construction(SSPWC) >
w
• Caltrans Right of Way Manual a
U_
• City Standard Drawings and Specifications
r
• Applicable Local Codes and Manuals
E
• Construction Best Management Practices (BMPs)
r
w
• BNSF Design Guidelines for Industrial Track Projects a
• BNSF Utility Accommodation Policy
• SCRRA
• American Railway Engineers Association(AREA) Standards
• American Rail Engineers Maintenance Association(AREMA) Standards
Page 17 of 55
Packet Pg.627
■ Caltrans Local Assistance Procedures Manual (LAPM)
Note: Although the above listing of standards is not in order of precedence, the Caltrans
LAPM shall be the controlling document for preparation of the PS&E, unless preempted
by more specific documents.
2.3 DESIGN CRITERIA
c
The following is a general listing of specific design criteria, which shall be 2
adhered to. This list is not comprehensive and other standards may apply. Consultant co
shall adhere to all criteria applicable to the Project as a matter of standard of practice.
w
2.3-1 Drafting
Roadway and related plans shall be prepared on 24"x 36"plan and profile sheets U
acceptable to City. The title/signature block shall be provided by the City in AutoCAD -�
L
format. The size and clarity of lettering on plan sheets requires special attention, as final m
0
contract plans are half-size. Plans, which are illegible or otherwise difficult to read full
size and/or after reduction, shall not be accepted.
2.3-2 Roadway ?'
Consultant shall adhere to City of San Bernardino design standards, however
AASHTO Standards shall be met if these are more stringent in compliance with HBP
requirements.
w
2.3-3 Roadway Bridge Overhead ca
Cn
0.
Consultant shall adhere to Caltrans design standards and guidelines.
2.3-4 Design Surveys m
Consultant shall perform design surveys, including mapping, necessary to 0
complete a constructible PS&E. This includes horizontal and vertical control, drainage >
surveys, topographical surveys, cross sections, grid grades, open-ended traverses, profile
a
U_
data sheets, three line profiles and required documentation. Survey work under the bridge
may require permits from the various railroad entities that operate under the bridge.
2.3-5 Electrical and Signal Design a
r
The electrical and signal analysis and design shall be performed by the Consultant a
for the Project in accordance with Caltrans Standard Plans and Specifications. Provide
lighting plans for all roadway and bridge improvements as required by the Project.
Additionally, Consultant shall analyze and design temporary and permanent signal and
traffic control systems for railroad and roadway including detour route.
Page 18 of 55
Packet Pg.628
8.C.a
2.3-6 Right of Way
Consultant shall conduct all right-of-way negotiation and acquisition in strict
accordance with the Caltrans Local Assistance Programs Manual, subject to restrictions
noted below. Consultant shall identify preliminary right-of-way impacts including
easement requirements and utility facility replacement easements; prepare applicable
right-of-way plats, deeds, dedications and other necessary documents for right-of-way
acquisition, and submit property agreements/deeds to the City for acceptance. All
communication with property owners, both verbal and written shall be subject to
supervision by the City's Real Property Official. All right-of-way documents shall be
prepared by the Consultant in the name of the City and shall be approved by the
c
appropriate City Official. The City shall pay the cost of purchasing the right-of-way. U
a�
a�
2.3-7 Utilities
i
Consultant shall identify all public and private utility conflicts with the proposed
0
roadway and proposed structures. Consultant shall be responsible to provide subsurface
utility location services to determine horizontal and vertical underground utility positions
of all potential conflicts. Consultant shall have the ability to obtain necessary pothole
v
information including exploration for such information. Additional utility relocation
design for PS&E package may be requested to advance or expedite Project staging. The
Consultant may be held responsible for the cost of delays incurred while awaiting the
relocation of known and obviously conflicting private or public utilities or facilities that ca
are not properly identified on plans as needing to be relocated during construction. Note: a
d
Potholing under the bridge may require one or more permits from the various railroad
m`
entities that operate under the bridge. 0
L
Consultant shall prepare three letters of notification to utilities and submit to the >
r
City Engineer for signature. The first letter shall consist of a Project description, a a
U-
location map, a detail map and other information as required by the City. The first letter
shall be sent to all utility companies that operate in the San Bernardino area. The second
letter shall be sent to those utility companies that indicate a conflict may exist. It will
consist of the project description and plans of sufficient detail to allow the utility to a
precisely determine if a conflict exists and to determine what measures need to be taken.
The third letter is the final notification to utilities that have indicated a conflict. It will
contain the latest set of plans with instructions to the utility companies to proceed with
any action needed to protect or relocate the conflicting utilities. The City will pay any
Page 19 of 55
Packet Pg.629
8.C.a
fees or charges associated with design and/or relocation of utilities if the City is found not
to have"Prior Rights".
It will be the responsibility of the Consultant to follow up with utility companies
to insure that a response is received to all notification letters.
2.3-8 Landscape and Irrigation
Consultant shall develop the landscape and irrigation design within the Project
c
limits in accordance with standards of the City Department of Parks and Recreation. In 0
general, it is proposed to landscape and irrigate all areas within the right-of--way,
including all slopes and parkways. Replacement of landscaping may also be required in C
w
areas disturbed by the work that are outside the right-of-way of Mount Vernon Avenue. N
c
0
2.3-9 Drainage U
0
Consultant shall develop drainage plans in accordance with City and Railway
AML
W
Design Standards as applicable. o
c
2.3-10 Coordination with Railroad Operations
BNSF, Metrolink and AMTRAK currently operate on lines underneath the bridge.
Coordination with the railroad operations is expected to be a major factor in the design ti
and construction of the removal and replacement of the bridge. Considerable work was
done regarding construction phasing during the Value Analysis. Demolition and new
construction may need to be done from the bridge deck downward because of railroad
restrictions on working in the rail yard. Suggestions have arisen that it may be possible 06
to use the existing bridge as a platform to construct the new bridge and to demolish 4
portions of the existing bridge. If this approach is taken, shoring of the existing bridge for m
construction loading would be required. Such suggestions have not been approved by the
operators of the railroad lines, nor by the City. >
Consultant shall be responsible for all aspects of coordination with the railroad entities
a.
U_
for removal of the existing bridge and construction of the new bridge. That coordination
shall include negotiation of a Construction & Operation agreement with the City, Public
Utility Commission (PUC) and the railroad entities. All negotiations shall be conducted
w
in the presence of the City Engineer or designee. a
Page 20 of 55
Packet Pg.630
SECTION 3.0
GENERAL CONDITIONS AND REQUIREMENTS
3.1 PROJECT GENERAL CONDITIONS AND REQUIREMENTS
3.1-1 Consultant shall carry out the instructions as received from City Engineer and shall
cooperate with other agencies,and other consultants working on the Project. o
2
a�
d
3.1-2 It is not the intent of the foregoing paragraph to relieve Consultant of professional `n
responsibility during the performance of this Agreement. In those instances where
N
Consultant believes a better design or solution to a problem is possible, Consultant shall 0
promptly notify the City Engineer of these concerns,together with the reasons therefore.
AML
W
3.1-3 Consultant shall be responsible for the accuracy and completeness of the reports, plans, c
a)
specifications, estimates, and related material prepared by Consultant for the Project. >
Consultant shall independently check and identify the engineer and checker for all such
material prior to any submittal. The plans, concepts, reports, and documentation may be
reviewed by City, and/or City's designee for conformity to constructability and overall
Project consistency. Reviews by City, and/or City's designee, BNSF, SCRRA or other
0
agencies will not include a detailed review or check of design of major components and LU
related details, or the accuracy with which such designs are depicted on the Plans. a.
•L
3.1-4 Neither Consultant nor its subcontractors shall incorporate materials, or equipment of m
0
single or sole source origin without prior written approval of City.
w
3.1-5 The plans, specifications, estimates, calculations, reports, and other documents furnished
under this Project shall be of a quality acceptable to the City, BNSF, SCRRA and other
reviewing agencies. The minimum criteria for acceptance shall be a product of neat
appearance that is well organized, technically and grammatically correct, and thoroughly a
checked. The appearance, organization and content of the drawings shall be to applicable
standards. Consultant shall be responsible to bring work up to quality required for
acceptance of the work by the City and other agencies.
Page 21 of 55
Packet Pg. 631
3.1-6 The page identifying preparers of engineering reports,the title for specifications and each
sheet of plans, shall bear the professional seal, certificate number and expiration date,
registration classification, and the signature of the professional engineer(s) responsible
for their preparation; however, signed plans and/or reports shall not be submitted to
Caltrans, SCRRA or BNSF without the specific approval of the City Engineer.
3.1-7 The Consultant shall maintain a set of Project files that are indexed in accordance with a °
U
filing system accepted by the City. Files shall be maintained in the course of Project Q
development electronically. The Consultant shall submit a proposed comprehensive
w
filing system (at the level of Caltrans Uniform Filing System, modified specifically for N
this Project), to City, for concurrence. The City may audit filing at intervals it decides 0
°
rn
reasonable.
'i
m
°
YI =
'{ 3.1-8 Upon completion of this Project, all files and correspondence shall be turned over to the
>
City. This includes all working data, field data, and background information used in
creating the deliverables identified in this Scope of Work.
v
3.1-9 Consultant shall submit all final plans on CD ROM in AutoCAD (Version 2007 or later)
file format in accordance with specified standards of reviewing agency requirements.
However, the City shall require all drawings in AutoCAD at the conclusion of the ca
Project. All electronic files shall include the engineer's electronic signature and seal.
'L
m
3.1-10 To assist in understanding Agreement objectives and requirements, Consultant Shall hold c
L
regular meetings with the City and stakeholders, as applicable, as needed, and subject to >
w
concurrence by the City. If the original established schedule is insufficient, Consultant n.
U-
shall hold additional meetings as necessary. The primary purpose of these meetings is to
r
discuss work objectives, Consultant's work schedule, the terms of the Agreement and
other related issues. In addition, the meetings shall serve as a forum for resolving issues
r
related to the PS&E development. a
3.1-11 Consultant may establish direct contact with governmental regulatory and resource
agencies and others in order to obtain information,expertise, and assistance in developing
baseline data and resource inventories. Consultant shall maintain a record of such
Page 22 of 55
Packet Pg.632
8.C.a
contacts and shall transmit copies of those records to City on a regular basis. At a
minimum, these records shall be transmitted monthly or more frequently, when the
content or extent of the records so warrants.
3.1-12 The City shall retain responsibility for final consultation, both informal and formal, with
state, federal, SCRRA, BNSF and local agencies regarding Project permitting, mitigation
and compensation proposals. 0
d
a�
3.1-13 Consultant shall comply with OSHA regulations regarding safety equipment and
procedures. While working on the job site, Consultant's personnel shall wear white hard y
c
hats, rubber soled shoes, and appropriate safety vests. Consultant shall provide the City U
with a copy of its Injury and Illness Prevention Plan(IIPP) and evidence of training. a
.L
W
c
0
3.1-14 Consultant shall designate a California Land Surveyor as Surveys Manager who shall d
coordinate Consultant's surveying operations. The Surveys Manager shall be responsible
for all matters related to Consultant's surveying operations, but shall coordinate with
Consultant's Project Manager.
3.1-15 Surveys performed by Consultant shall conform to the requirements of the Land
Surveyors Act and per City's direction. In accordance with the Act, "responsible charge" N
for the work shall reside with a pre- January 1, 1982, Registered Civil Engineer or a
Licensed Land Surveyor, in the State of California. m
c
0
c
L
3.1-16 Where this Scope of Work requires Consultant to prepare and submit studies, reports, >
w
plans, etc., to the City and other agencies,these materials shall be submitted in draft form a.
a
LL
to the City first and the opportunity provided for the City to review the item prior to
submittal to the reviewing agency.
E
�a
r
3.1-17 Throughout the design of this Project, Consultant shall consider least cost alternatives a
analysis for major Project components,where appropriate.
3.1-18 The City Engineer or designee shall administer Consultant Agreement and provide
general direction to Consultant. Consultant is responsible for providing a Quality
Page 23 of 55
Racket Pg.633
Assurance Program. City, SCRRA, BNSF and other agencies are only responsible for
providing verification of Independent Quality Assurance of the PS&E, required reports,
and work product.
i
0
I m
C N
r
r c
R
N
_
O
U
rn
m
_
0
_
CD
ti 06
CO
a
4)
a:
AML
W
_
0
_
L
i�
a
as
E
t
ca
.r
Y
a
Page 24 of 55
Packet Pg.634
8.C.a
• SECTION 4.0
STATEMENT OF WORK
4.1 TASK 1 -PROJECT MANAGEMENT/COORDINATION/ADMINISTRATION
This task covers Project management services including the requirements for
meetings, schedules, progress reports, invoicing, and administration of Consultant's .2
U
a�
work. 0
co
Y
4.1-1 Project Management Plan
Within 14 days of the Notice to Proceed, Consultant shall deliver a U
comprehensive Project Management Plan to communicate the scope of work, constraints, -�
L
and technical requirements to all Project participants. The plan shall identify the °0
0
procedures and technical requirements that are to be followed in developing the PS&E
package. The Project management plan shall also describe the responsibilities of each
participant in the Project.
v
The following items shall be included in the Project Management Plan:
■ Project description
■ Project map
W
■ Scope of work and task listing
a
■ Project organization.
■ Key Project staff names and responsibilities.
m
■ Project schedule(Microsoft Project Critical Path Schedule). 0
L
■ Applicable design standards and codes listing. >
■ Applicable computer software programs.
a.
U-
■ Communication procedures.
u
■ Project and electronic document filing index.
■ Quality management procedures.
■ Risk assessment register. a
Prior to distribution, the Project Management Plan shall be approved by the City
Engineer or designee. A copy of the Project Management Plan should be given to each
Project participant at the beginning of the Project and a meeting shall be held with all
participants to explain all Project requirements.
Page 25 of 55
Packet Pg.635
4.1-2 Coordination/Administration
4.1-2a Coordination and Meetings
Meetings with affected parties shall be held to discuss issues pertinent to analysis,
design, and effects of the Project. During these meetings, City, SCRRA,BNSF and other
agencies may provide direction for development of the PS&E, although the City shall
'i �
retain sole discretion for overall Project scope and direction. 0
Consultant shall participate in the following meetings:
• Monthly Project Development Team (PDT) Meetings with City and stakeholders
shall be held to confirm the preferred grade separation design, similar to Caltrans N
_
Geometric Approval Drawings and Type Selection. Consultant shall bring U
progress plans, status updates, look aheads,project schedules, etc., as appropriate. -a
• Agency Coordination/Technical Workshop Meetings shall be held to discuss M r-
0
technical issues with specific agencies. Consultant shall participate in bi-weekly
meetings, or as otherwise directed by the City. Consultant shall coordinate the
review and approval of the preliminary bridge type, bridge appearance, and ti
details with City, SCRRA and BNSF. Consultant shall bring progress plans as -��-
appropriate. �
• Railroad Coordination meetings shall begin immediately after award of
w
Agreement between the City, Consultant, BNSF and SCRRA. Thereafter N
a
monthly progress meetings shall take place between the City, Consultant, BNSF 0
and SCRRA or as otherwise directed by the City. Emergency meetings may be m
called by the City at any time to address pressing issues. 0
L
Consultant Deliverables: >
w
Following are the meeting materials that Consultant shall be responsible for a
LL
preparing and providing:
• Meeting scheduling/notices.
• Agendas. a
• Action Item List. a
• Decision Log.
• Handouts.
• Minutes.
■ Schedule updates.
Page 26 of 55
Packet Pg.636
• Progress plans.
• Work Breakdown Structure(WBS).
4.1-2b Administration
Following are administrative duties,which shall be performed by Consultant:
• Supervise subconsultants, coordinate, and monitor work for conformance with set
standards and policies.
a�
Apply for and obtain encroachment permits necessary for Consultant to be on the N
j obsite. w
• Apply for and obtain approvals and permits as required. The City will cover the
0
cost of Permits and processing fees when not waived by the permitting agency. U
a�
rn
• Prepare, circulate, and file correspondence and memoranda as appropriate.
m
• Maintain Project files using the City authorized filing system. o
• Within Twenty (20) working days of Notice to Proceed, Consultant shall submit
the final Project Master Schedule to City Engineer. Section 4.1-3 contains of
description of the Master Schedule.
V
4.1-3 Schedule
Consultant shall submit the initial draft Project Master Schedule within 20 `m
W
working days following Notice to Proceed. Upon approval by City, this schedule shall N
a.
become the Project Baseline Schedule. The approved Project Baseline Schedule shall be a�
shown on the Project Master Schedule updates. The following elements must be included m
c
by Consultant in the Schedule: c
d
• Work items and deliverables identified in accordance with a Work Breakdown >
Structure (WBS)as developed by Consultant and approved by the City a.
• Work items of agencies and other third parties, associated with Project, that may
c
affect or be affected by Consultant's activities E
• All reviews per submittal, number of reviews and duration expected by the r
Consultant based on the Consultant's experience a
• The Project Master Schedule shall include all data necessary to represent the total
Project and the critical path shall be clearly identified
• The order, sequence, and interdependence of significant work items shall be reflected
on the Project Master Schedule
Page 27 of 55
Packet Pg.637
B.C.a
= The following non-exhaustive list of major tasks shall be used to develop the Project
Master Schedule:
Task 1 — Project Management/Coordination/Administration.
Task 2— Environmental Document Verification/Supplemental Environmental
Document Support/Regulatory Permitting.
Task 3 — Site Investigations/Utilities/Mapping/Surveying/Reports.
Task 4—Protection of the Santa Fe Smokestack(Deletable Task) °
Task 5— 30%PS&E Submittal (Type Selection&Geometric Approval Dwgs). N
Task 6— 60%PS&E Submittal (unchecked details)
Task 7--- 100%PS&E Submittal (checked details) & Camera Ready PS&E
Submittal(including RE Pending File)
a�
Task 8— Construction Bidding Phase 2
ML
W
Task 9— Construction Support Phase o
Task 10- Project Closeout
Task 11- Contingency
Consultant shall break down tasks into subtasks as warranted.
V
Monthly schedule updates shall be part of the Progress Report in accordance with
the requirements shown in Section 4.1-4.
w
06
a
4.1-4 Progress Reports a)
Consultant shall report the progress of the work on a monthly basis based on m
specific milestones. Progress shall be based on physical percent complete for each task o
c
L
in the approved final Scope of Work and fee. Progress payments shall be based upon >
percent complete of the individual tasks identified.
o.
w
Consultant shall submit one copy of a monthly Progress Report to the City
w
Engineer consisting of a written narrative and an updated bar- chart format of the Project
Master Schedule. The narrative portion of the monthly Progress Report shall describe
overall progress of the work, discuss significant problems and present proposed a
corrective action, and show the status of major changes.
This report shall be received no later than the twentieth (20th) calendar day of the month
following the report month.
0
Page 28 of 55
Packet Pg.638
8.C.a
All schedule tasks shall be updated to reflect current percent complete. If the
latest completion time for a significant work item does not fall within the time allowed by
the original Project Master Schedule, the sequence of work and/or duration, with the
concurrence of City Engineer, may be revised by Consultant through concurrent
operations, additional staffing or overtime, until the resultant schedule indicates that all
significant milestone dates shall be met.
Should, during the course of the work, Consultant fall behind in overall
performance in accordance with the current schedule, a Project management meeting
shall be called to determine the cause. If cause is found to be due to Consultant
w
performance, payment to Consultant may be withheld pending the submittal of an action N
plan outlining the steps to be taken by the Consultant to correct the identified delay(s). U
d
CD
The initial Project Master Schedule, referenced in Section 4.1-3, as agreed to by City,
L
shall become the Project target. The baseline schedule shall be displayed on the updated m
0
Project Master Schedule. Changes to the baseline schedule shall be approved by City d
Engineer. g
4.1-5 Quality Assurance/Quality Control(QA/QC)Plan
Consultant shall maintain a Quality Assurance / Quality Control Plan throughout
performance of the services under this Agreement. The QA/QC Plan is intended to
ensure that reports, plans, studies, estimates, and other documents submitted under the N
a.
Agreement are complete, accurate, checked, conform to standards, and proofread to meet
a�
professional engineering practices in effect at the time of execution of the Agreement, m
and of a quality acceptable to the City. c
L
N
The following quality control elements are required by Consultant throughout the
a
LL
preparation of PS&E for the Project. W
1. Provide independent checking and verification of all calculations including
adherence to Caltrans Bridge Independent Check requirements and
documentation. a
2. Provide independent checking, correction, and back checking for all plans. Plans
shall be marked clearly as being checked, signifying that the preparation of the
material followed the QA/QC Plan established for the Project.
Page 29 of 55
Packet Pg.639
B.C.a
3. Route pertinent Project related correspondence and memoranda to affected
personnel and bind in appropriate Project files.
4. Establish appropriate means to avoid conflicts and misalignments between both
new and existing improvements, particularly where several drawings show
different elements of work in the same area.
5. Consultant shall identify critical QA reviews within the Project Master Schedule.
6. The QA/QC Plan shall include a procedure where each deliverable is certified by °-
.2
j the Quality Manager or Project Manager as being prepared and checked in
Cn
jaccordance with the approved QA/QC Plan.
7. Each deliverable shall be certified by the Quality Manager or Project Manager as
c
being prepared and checked in accordance with the approved QA/QC Plan. v
d
8. Consultant's Project Manager or Quality Manager shall be qualified and certified -a
L
to implement the Quality Control and Quality Assurance program. o
9. Consultant shall conform to City's independent quality surveillance, monitoring
and audits. Such quality surveillance, monitoring and audits will be performed by
the City designee and may be scheduled or ad hoc.
Within 20 working days of receiving the Notice to Proceed, Consultant shall
submit a complete copy of the QA/QC Plan to the City Engineer for review.
a
c
R
w
4.1-6 Public Outreach Program(Deletable task) N
Consultant may be tasked to assist the City in the community outreach effort
rn
during the Project. Consultant shall have the ability to assist the City with informing m
residents, businesses, merchants, and the motoring public, as well as elected and City c
L
officials affected by the Project. >
a.
U-
4.1-7 Value Analysis Ix
A Value Analysis has been completed during the environmental documentation
phase of the Project. The Consultant shall review the findings of the Value Analysis
(posted on the City's Web site) and ensure the PS&E adheres to its agreed a
recommendations.
4.2 TASK 2 - ENVIRONMENTAL DOCUMENT VERIFICATION AND
SUPPLEMENTAL ENVIRONMENTAL DOCUMENT SUPPORT
Page 30 of 55
Packet Pg.640
4.2-1 Data Collection
Consultant shall meet with City, SCRRA and BNSF staff to review the Project,
including field review with City, SCRRA and BNSF to determine status and quality of
prior Project analyses conducted. Consultant shall obtain existing study reports,
topographic maps, as-built drawings, reports, and other available materials from the City
and other agencies, as appropriate.
c
0
0
4.2-2 Workshop CO
Consultant shall conduct a workshop with City, SCRRA and BNSF staff to
review the Project, and report its summary and findings of previous studies. The
workshop shall establish the stage of the Project at which the City approves the
a�
Consultant's start of design, and the procedures to be followed in reviewing the Project -�
L
with City, SCRRA and BNSF during various stages of the Project. The Consultant shall m
0
obtain design criteria from meeting with the City, SCRRA and BNSF, however, the City d
shall have final say over design criteria.
4.2-3 Supplemental Environmental Document(Deletable Task)
Should there be changes in the Project description from the approved
environmental document, Consultant may be required to prepare supplemental documents
in support of the environmental clearance effort. The scope of work for this task shall be
determined and discussed as required. An amendment to the Consultant's Agreement ca
U)
shall be executed if determined necessary by the City. 0
a�
L
W
4.3 TASK 3—SITE INVESTIGATIONS/UTILITIES/MAPPING/REPORTS o
_
L
d
w
4.3-1 Site Investigations
a
Consultant shall conduct a thorough independent field investigation of the Project M
u
site to identify pre-existing site conditions and physical constraints of the Project areas
including utilities and all required investigations to prepare PS&E. Consultant shall
obtain applicable encroachment permits or rights-of-entry prior to beginning any field a
investigation.
4.3-2a Surveying
Page 31 of 55
Packet Pg. 641
Consultant shall provide aerial photography and topographic mapping. Upon
request, the City shall be provided a copy of the aerial photographs and digital map
compilation in an electronic format in AutoCad.
Final aerial mapping shall consist of 40-scale with contours at 1-foot intervals or
as approved by the City.
4.3-2b Design Surveys
c
Consultant shall perform design surveys as part of this task. Consultant shall
U
provide photogrammetric mapping in English units for the Project. Any survey work or
mapping performed prior to receiving the required approval shall be at Consultant's risk
and expense.
Consultant shall obtain all survey record information, including benchmarks and v
d
monuments from the City. All survey shall be performed in accordance with accepted -�
L
professional standards. CO
Consultant shall identify Consultant-established monuments with the license or
registration number of the Engineer's surveyor who is in "responsible charge" of the
work. The monuments shall be in accordance with City Standards. ti
Consultant shall prepare right of way base mapping for the existing right of way
conditions.
m
Consultant shall establish centerline control of existing streets and railroad tracks.
Consultant shall obtain applicable encroachment permits prior to beginning any field W eld
Additionally, if a traffic control plan is required, Consultant shall prepare
a.
a�
the plan. Such documents shall be forwarded to City, SCRRA and BNSF for review and c
m
concurrence prior to beginning any field investigation. c
L
Consultant shall obtain necessary training including applicable rail safety program
r
prior to performing field investigations within BNSF right-of-way.
a
Deliverablest �
■ Survey points, lines, and monuments shall be established, marked, identified and
referenced, as required to complete this work and in accordance with the
requirement herein. a
■ Survey notes, drawings, calculations, and other survey documents/materials shall
be completed as required in accordance with the requirements herein.
■ A copy of all original survey documents resulting from this Scope of Work
(including original field notes, adjustment calculations, final results and
Page 32 of 55
Packet Pg.642
8.C.a
appropriate intermediate documents) shall be delivered to the City. Said
documents shall then become the property of the City. The original survey
documents shall be retained by Consultant for future reference.
■ When survey is performed with a Total Station Survey System, the original field
notes shall be a legible hard copy listing of the data (observations) as originally
collected and submitted by the survey party. Consultant's party chief shall sign
c
the listing. 2
■ The final results of all surveys, as required, shall be delivered to City in the
U)
format specified below:
1. Horizontal Control Alpha/numeric hard copy point listing with adjusted N
California Coordination System northern and eastern and appropriate U
descriptions based on NAD '83 datum. -a
L
2. Vertical Control m
0
When directed to do so, the Consultant shall complete the above deliverables and a
distribute copies to various parties and or agencies identified by the City.
ti
4.3-3 Materials/Foundation/GeotechnicaVHazardous Waste Investigations Reports
Requirements.
Consultant shall conduct a site visits to observe the topography and visualize the
proposed improvements at the Project location. Consultant shall review available N
subsurface data from nearby structures or published geologic maps, to determine general
subsurface conditions at the Project site. Geotechnical/Hazardous Waste borings shall be m
performed by Consultant. 0
L
Consultant shall provide geotechnical, geologic and seismic input to the selection >
of the alternatives. Consultant shall highlight the pros and cons of each alternative and its
a.
impact related to geotechnical issues. Consultant shall provide preliminary geotechnical
and foundation recommendations for roadway, rail, bridge structure, and retaining walls
as required. These recommendations shall be used by Consultant to conduct preliminary
r
cost estimates. a
Consultant shall prepare preliminary geotechnical, materials, bridge foundation
and hazardous waste (Phase II) reports in conformance with Caltrans requirements with
information gathered during site visits and review of existing subsurface data,
Page 33 of 55
Packet Pg.643
8.C.a
geotechnical/hazardous waste investigation borings, results obtained from the alternative
analysis and the preliminary bridge and retaining wall foundation data.
4.3-4 Geotechnical Exploration Plan
Consultant shall prepare and submit a geotechnical review and exploration plan
for City, SCRRA, and BNSF review. Consultant shall obtain right-of-entry permits prior
to exploration. Consultant shall conduct subsurface investigation and evaluate the results
in accordance with specified testing criteria. Consultant shall analyze the results and N
present them in the geotechnical report.
Deliverable N
• Preliminary geotechnical exploration plan,three copies to City. U
aD
• Right-of-entry permits from property owners,two copies.
m
• Preliminary Geotechnical Report,three copies. o
When directed to do so, the Consultant shall complete the above deliverable and
distribute copies to various parties and or agencies identified by the City.
ti
4.4 TASK 4—PROTECTION OF SANTA FE SMOKESTACK(DELETABLE TASK)
The Santa Fe smokestack, which sits approximately 20 feet from the east
side of Mount Vernon Avenue and approximately 300 feet north of the existing bridge, is
w
evidence of San Bernardino's important historical role as a major transportation hub. The 06
a
City has very little information regarding the history of the smokestack, except that it was a�
construction in the early 1900 to vent exhaust from a steam plant. m
_
0
c
Based on information obtained from the Materials/Foundation/ Geotechnical >
w
/Hazardous Waste Investigations Reports and study of existing records, Consultant shall a
LL
devise a method of protecting the smokestack from increased stress during construction
w
and final roadway loadings. This may consist of specifying the use of lighter equipment
_
in the vicinity of smokestack and the use of innovative lightweight materials in
w
construction. A report quantifying the results of this effort shall be submitted to the City a
Engineer for review and approval.
Page 34 of 55
Packet Pg.644
4.5 TASK 5—30%PS&E
4.5-1 Fact Sheets
Consultant shall prepare and submit to City a Design Standards Exception report
for non-standard design features both for proposed, advisory and mandatory standard
deviations. Deviation from design standards shall be reviewed and shall be subject to
approval by City.
Deliverable'
1. Draft Fact Sheet, 3 copies.
3
When directed to do so, the Consultant shall complete the above deliverable and 0
distribute copies to various parties and or agencies identified by the City. o
m`
c
0
4.5-2 Preliminary Plans—Geometric Drawings
Consultant shall prepare a preliminary set of plans that include geometric base
maps, structure site data, initial right of way maps, and Project limits and coordinate
layouts. Such plans will be reviewed and approved by City, and upon approval, shall be
Ar
the basis of the PS&E development.
Deliverable'
W
1. Preliminary Geometric Drawings,three sets. CO
When directed to do so, the Consultant shall complete the above deliverable and
distribute copies to various parties and or agencies identified by the City.
m
c
0
c
L
4.5-3 Traffic Study >
w
Consultant shall provide a traffic study for the Project area. This study shall
a
U-
include review of existing volumes, traffic forecasts for the year 2035, performance of
w
intersection level of service calculations for key arterials and intersections in the area and
traffic operations analyses of the recommended alternative to confirm geometric
requirements. Existing traffic counts in the area will be required and if unavailable from a
existing sources, Consultant shall obtain.
Deliverable '
• Preliminary traffic study,three sets.
Page 35 of 55
Packet Pg.645
8.C.a
When directed to do so, the Consultant shall complete the above deliverable and
distribute copies to various parties and or agencies identified by the City.
4.54 Roadway Plans
Consultant shall prepare 30% level preliminary plans, specifications and estimates for the
grade separation, including removals, grading, cross sections, staging, utilities, drainage
facilities, and other necessary improvements and Type Selection Report for the Project. °
U
The design shall be based on the approved Environmental Document. N
• Preliminary bridge plans,three copies.
O
4.5-5 Structures c)
as
Consultant shall complete all preliminary design and preliminary survey tasks. -o
L
m
_
O
Consultant shall prepare all submittals required by BNSF.
Deliverables t
• Preliminary Survey,three copies. �?
v
• Submittals required by BNSF and SCRRA,three copies.
4.5-6 Bridge Type Selection Report(BTSR) and Design c
w
Consultant shall prepare the bridge Type Selection Report and the bridge general
M
a
plan to comply with the most current Caltrans, BNSF,AREMA, and CPUC guidelines.
L
CO
The bridge type selection report shall include a discussion of foundation and c
L
falsework requirements, seismic and aesthetic considerations (including historic >
r
considerations as indicated in the Environmental Document), lighting, traffic handling a
LL
requirements and alternatives, and construction cost and staging. In addition, Consultant
_
shall develop an order-of-magnitude construction cost estimate. Anticipated construction
methods shall be identified in the Type Selection process and coordinated with the
Project geometry. Q
Consultant shall submit Type Selection documents to the City first, then
following approval,to BNSF, SCRRA and Caltrans for review and approval.
Page 36 of 55
Packet Pg.646
4M
Consultant shall submit preliminary bridge plan to BNSF for review and approval upon
City Approval to do so.
Deliverable 1
• Draft BTSR,three sets.
• 30%bridge plans,three full size sets.
The Consultant shall review comments received from the City and other parties
c
regarding the above deliverables and, when approved by the City, incorporate them into 0
the documents. These items will move to the 60% stage of completion.
CO
c
w
3
4.5-7 Project Cost _
Consultant shall prepare a preliminary cost estimate at 30% completion. U
Throughout development of the PS&E, Consultant shall update this estimate.
CO
Deliverable i =
0
• 30%cost estimate,three sets.
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
the document. This item will move to the 60% stage of completion.
4.5-8 Utility Improvements o
w
06
CO
a
Consultant shall prepare 1St Utility Notice and submit to City Engineer or
designee for approval and mailing to utility companies operating in the area. m
_
0
c
Consultant shall determine necessary utilities that cross the railroad tracks. >
w
a
U_
Consultant shall discuss the above utilities with utility purveyor and City Utilities
_
Department to determine design and relocation requirements.
t
r
Consultant shall prepare a utility plan of the existing and proposed utilities a
crossing within Project limits. Consultant shall accurately identify all existing utilities on
the roadway plans and identify existing facilities to be removed, relocated, adjusted to
grade or otherwise impacted.
Page 37 of 55
Packet Pg. 647
8.C.a
Consultant shall prepare a draft Public Utilities Commission (PUC) application
and coordinate necessary meetings on behalf of the City.
Consultant shall design City owned utility relocations, such as sewer, water and
street lights. Consultant shall design the City Utility relocations per the City's standards.
Consultant shall perform the necessary coordination to define the City's utility relocation
requirements.
Deliverable 1
U)
• Preliminary utility plans, three sets.
When directed to do so, the Consultant shall complete the above deliverable and U
a�
distribute copies to various parties and or agencies identified by the City. These items -a
m
will move to the 60%stage of completion. o
_
L
d
4.5-9 Railroad
Consultant shall prepare preliminary vertical and horizontal railroad track ti
v
alignments, preliminary railroad track shoofly design, preliminary intermodal track
requirements, and preliminary rail service staging plan.
_
Consultant shall be responsible for providing all needed data to support the City 06
application for a Construction Operation and Maintenance Agreement with the BNSF
Railroad, SCRRA and other rail operations.
m
0
_
L
The City will review and comment on the application for a Construction >
r
Operation and Maintenance Agreement. When acceptable to the City Engineer, the
a
U.
application will be sent to the other parties for review and approval, if appropriate.
_
E
Deliverable 1
w
• Preliminary horizontal railroad track alignment,three sets for City. a
• Preliminary railroad track shoofly design,three sets for City.
• Preliminary intermodal track requirements,three sets for City.
• Preliminary rail service staging plan,three sets for City.
• Draft Construction Operation and Maintenance Agreement,three copies to City.
Page 38 of 55
1 acket Pg. 648
i
When directed to do so, the Consultant shall complete review comments received
regarding the above deliverables and distribute copies to various parties and or agencies
identified by the City. These items will move to the 60%stage of completion.
4.6 TASK 6—60% PS&E SUBMITTAL
R 2
:r
V
d
4.6-1 Roadway Plans in
Consultant shall incorporate all reviewing agency and City comments into the
roadway plans and estimates as a result of the 30% PS&E review. Where it is not N
c
possible or desirable to incorporate certain comments, Consultant shall provide a written U
d
explanation and meet with appropriate agencies as required. -a
Deliverables 1 m
0
• 60%roadway plans,three full size sets. d
• 60% specifications, three copies
• 60% cost estimate,three copies T
The Consultant shall review comments received from the City and other parties
regarding the above deliverables and, when approved by the City, incorporate them into �
the documents. These items will move to the 100% stage of completion.
w
4.6-2 Drainage Plans 06
a
Consultant shall prepare a Drainage Report to address the existing drainage
condition and the proposed mitigation and design. This report shall consider both onsite m
and offsite systems. Consultant shall prepare drainage plans, profiles, and quantities 0
L
based on the Drainage Report. Consultant shall also prepare temporary drainage plans >
where needed. a
LL
Deliverable 1
c
60%Drainage Report,three copies.
r
The Consultant shall review comments received from the City and other parties a
regarding the above deliverable and, when approved by the City, incorporate them into
the documents. These items will move to the 100% stage of completion.
Page 39 of 55
Packet Pg.649
4.6-3 Stage Construction, Traffic Handling, Detour Plans, and Transportation Management
Plan(TMP)
The objective of the TMP is to provide continuous vehicular traffic circulation
and access, with adequate space for safe and efficient construction. The TMP shall be
coordinated with the City, BNSF and other stakeholders. The TMP shall include Stage
Construction, Detour Plans and construction detour routes. Plans must also accommodate °
U
pedestrians, bicyclists and rail traffic through the Project area. N
It is anticipated that the bridge will be closed to all public traffic during the entire N
_
°
construction period. U
°
rn
L
Consultant shall be responsible for preparation, review and approval of a m
°
preliminary rail re-alignment and shoofly design with BNSF, if required.
Deliverable 1 �'
• 60% TMP,three copies. T
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
the documents. These items will move to the 100% stage of completion. N
a.
4)
4.6-4 Pavement Delineation Plans m
Consultant shall prepare pavement delineation plans to identify locations of 0
L
painted and thermoplastic stripes and markings,pavement markers, and delineators. >
Deliverable 1 a
U.
• 60%Pavement Delineation Plans,three copies full size. W
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
the documents. These items will move to the 100% stage of completion Q
4.6-5 Signing Plans
Consultant shall prepare Signing Plans to show existing and proposed new signs.
The plans shall include sign details and quantity sheets.
Page 40 of 55
Packet Pg. 650
Deliverable
• 60% Signing Plans,three copies full size.
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
the document. This item will move to the 100% stage of completion
4.6-6 Traffic Signals, Signing, and Street Lighting 2
Consultant shall prepare Traffic signals and Signal Interconnect Plan, railroad
CO
signalization plan,and street lighting plans. C
w
Deliverable 1
• 60%Traffic Signals, Signing, and Street Lighting Plans,three copies full size.
a�
The Consultant shall review comments received from the City and other parties -a
•L
regarding the above deliverable and, when approved by the City, incorporate them into °C°
0
the document. This item will move to the 100% stage of completion.
4.6-7 Planting and Irrigation Plans ti
v
Consultant shall prepare erosion control plans and details and landscaping and
irrigation plans and details. Erosion and dust shall be controlled in all areas during
construction. All bare ground remaining after construction (non-hard or soft-scaped
earth) shall be landscaped and irrigated. Existing landscaping and irrigation disturbed N
a
during construction is to be replaced in kind.
Deliverable 1 In
m
• 60%Planting and Irrigation Plans,three copies full size. 0
L
The Consultant shall review comments received from the City and other parties >
regarding the above deliverable and, when approved by the City, incorporate them into a
U_
the document. This item will move to the 100% stage of completion.
C
a)
E
4.6-8 Right-of-Way Engineering Service (For additional information, please refer to "Project
Impact Area Map"posted on the web site under Concept Plans). a
4.6-8a Activities
In compliance with the Caltrans Right-of-Way Manual and as Project needs
dictate, Consultant shall perform the following:
Page 41 of 55
Packet ft.651
8.C.a
I
1. Perform Record Data Search
Search, acquisition, and analysis of appropriate deeds, field notes, and survey
maps contained in City files.
2. Acquire Title Reports
Acquire title reports for all parcels impacted by proposed R/W fee and easement
takes.
c
4. Perform Land Net Recovery and Field Ties 2
Field and related survey effort necessary to search, recover, describe, and tie-in
controlling land survey monuments.
w
4. Prepare Land Net Map - "Before Condition" Record of Survey
This activity is required by the Professional Land Surveyors Act and involves the U
a)
CO
production and filing of the 'Before Condition" Record of Survey. M
�L
5. Perform Monument Perpetuation Surveys m
_
0
This activity is required by the Professional Land Surveyors Act and includes:
• Preparation of lists of monuments threatened with destruction.
• Referencing threatened monuments with tie-outs for perpetuation through c;
construction.
„✓ Setting replacement monuments after construction to effect said
perpetuation.
All reset replacement monuments shall meet the requirements described below ca
a
under the activity "Final Monuments".
The "Before Condition" Record of Survey (from the City) shall be the instrument
m
on which tie-outs are documented prior to construction. In the cases where swing o
L
ties or tangent over ties are the method of tie- out, each monument tied out using >
these methods shall clearly be shown as a separate "Detail” on the 'Before
a
U_
Condition" Record of Survey.
r
6. Prepare Right of Way Maps d
E
Prepare various types of R/W Maps as dictated by Project need. Various types of
R/W Maps may include but are not limited to: a
• Appraisal Maps
• Resolution of Necessity Maps
• Deed Maps
• Relinquishment Maps
Page 42 of 55
Packet Pg. 652
• Vacation Maps
• Transfer Control and Possession Maps
• Right of Way Record Maps
T Prepare Acquisition Documents
Prepare property acquisition documents.
8. Prepare Resolution of Necessity and Plats
Prepare Resolution of Necessity and any additional information for the filing of
U
the complaint, and the preparation of any attendant map or plat. N
9. Prepare Director's Deed and Plats
Prepare Director's Deed and attendant maps or plats. N
c
10. Prepare Utility Legal Description and Plat v
Prepare legal description and plat to fulfill Agreement obligations with utility
entities including Joint Use Agreement and Consent to Common Use Agreement. m
0
11. Prepare PUC application for Grade Separation d
12. Prepare Parcel Files
For each R/W fee of easement take,prepare a parcel file. T
v
13. Final Monumentation
Conduct field survey and related activity to monument new R/W boundaries.
Monument type shall vary depending on the surface character at the point as
LU
follows:
• In dirt - 2-inch diameter galvanized iron pipe at least 24 inches in length a
with bronze disk cemented in top. The pipe and disk should be m
countersunk no more than 2 inches and no less then 1 inch from the dirt o
F
surface. °'
.r
• In concrete structure or surface -bronze disk cemented into concrete. Disk
a.
shall be countersunk so that top of disk is flush with the concrete surface.
w
• In asphalt surface street-referred to Caltrans Right of Way Manual.
• In asphalt surface non-street - Galvanized iron spike at least 6 inches in
r
length collared with a brass identification tag. Immediately underneath the
brass tag shall be a stiff metal washer to prevent the brass tag from
becoming deformed when the point is set. Spike and tag shall be
countersunk flush with the surface. The use of "gear spikes" or "gin
spikes" is expressly prohibited.
Page 43 of 55
Packet Pg.653
All bronze disks shall be at least 2-1/4 inches in diameter.
All disks and spikes set shall have a clear and unambiguous punch mark defining
the point. Each disk or brass tag set shall be clearly and permanently labeled with
the license number of the professional in responsible charge of the work. If the
license number is rendered illegible in the process of setting the point, the point
shall be re-monumented so as to make the license number legible.
c
14. Monumentation Map- "After Condition" Record of Survey
This activity is required by the Professional Land Surveyors Act and involves the CO
production and filing of the "After Condition"Record of Survey.
15. Fees associated with the above activities/deliverables shall be paid by the N
Consultant. Compensation shall be included in the overall fee paid to c i
aD
Consultant.
-a
Deliverables 1 m
0
Deliverables shall be as indicated in this section. Three sets of each full size
document shall be delivered to the City for review. After incorporation of any
changes requested by the City or other Agencies, these deliverables will move to ti
the 100% stage of completion.
4.6-9 Geotechnical Report, Materials Report and Foundation Reports
w
CO
a
4.6-9a Geotechnical Design Report(GDR)
Consultant shall prepare a report discussing the geotechnical design basis of the m
Project and recommendations for design and construction of earth retaining structures, 0
cut, and fill slopes, pavement, and drainage facilities. This report shall be submitted to >
the City first, then to BNSF, SCRRA and other agencies as required for review.
a.
a.
Consultant shall address any comments stemming from this review and prepare a final
u
draft. All calculations supporting the design recommendations shall be included as an
appendix to the GDR. The report shall be signed and sealed by a Geotechnical Engineer
r
licensed to practice in the State of California. a
Deliverable 1
• 60%Geotechnical Design Report(GDR),three copies full size.
Page 44 of 55
Packet Pg.654
8.C.a
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
the document. This item will move to the 100% stage of completion.
4.6-9b Materials Report
Consultant shall prepare a report discussing the structural section design basis of
c
the Project and recommendations for design and construction of pavement. This report °
0
shall be submitted to the City for review. Consultant shall address any comments N
stemming from this review and prepare a final draft. All calculations supporting the
design recommendations shall be included as an appendix to the report. The report shall N
c
be signed and sealed by a Gcotechnical Engineer licensed to practice in the State of U
California.
Deliverable 1 m
0
• 60%Materials Report,three copies.
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into ti
v
the document. This item will move to the 100%stage of completion
4.6-9c Foundation Reports for Bridges and Retaining Walls
Consultant shall prepare a Foundation Report based upon Type Selection 06
a.
comments and additional information from the GDR analyses. Logs of test borings shall
be included as 11-inch by 17-inch plans. m
Deliverable 1 0
• 60%Foundation Reports for Bridges and Retaining Walls,three copies. >
The Consultant shall review comments received from the City and other parties a
LL
regarding the above deliverable and, when approved by the City, incorporate them into
c
the document. This item will move to the 100% stage of completion.
r
4.6-10 Bridge Design and Plans a
Consultant shall prepare layout plans and structural details for the bridge and
retaining walls construction. Consultant shall also prepare draft technical special
provisions for the bridge. Bridge design shall be in accordance with specified criteria per
i Caltrans, BNSF and City Standards. Details and construction specifications shall be
Page 45 of 55
Packet Pg. 655
prepared in accordance with City Standard Plans, Standard Specifications, and Standard
Special Provisions. Consultant shall update the bridge General Plan estimate to verify its
ongoing validity.
{
Deliverable t
X
• 60%Bridge Design and Plans,three copies full size.
c
The Consultant shall review comments received from the City and other parties °-
U
regarding the above deliverable and, when approved by the City, incorporate them into
the document. This item will move to the 100% stage of completion.
0
4.6-11 Retaining Wall Design and Plans U
as
Consultant shall prepare layout plans and structural details, if necessary, for the -a
L
walls specified along the Project limits. Consultant shall prepare draft technical special m
0
provisions for the retaining walls.
Deliverable 1
• 60%Retaining Wall Design Plans and Calculations,three copies full size.
JIMA The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
the document. This item will move to the 100%stage of completion.
w
0a
U)
a
4.6-12 Permit Applications
Consultant shall prepare and submit encroachment permit applications for m
surveying, geotechnical investigations, and construction. Permits required for this 0
L
Project include: >
r
• BNSF, SCRRA and AMTRAK Encroachment Permits. a
LL
• Caltrans Encroachment Permit for work on Foothill Boulevard.
• City Encroachment/Lane closure Permit(provided at No Fee to Consultant).
• Prepare Construction and Maintenance Agreement between the City and BNSF.
Y
• Prepare "Order to Construct"for PUC authorization. a
• Prepare other necessary agreements and permits identified in the Environmental
document or through the design process.
Deliverable 1
• Draft documents as indicated above,three copies of each document.
Page 46 of 55
Packet Pg.656
I
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
the document. This item will move to the 100%stage of completion.
4.6-13 2°d Utility Notice
The Consultant shall prepare a second notice of utility companies that operate in the area.
Specifically, the notice shall be sent to any utility that did not respond to the first notice 2
and any utility company that indicated they have a possible conflict. Sixty percent Cn
drawing shall be provided to the utility companies that indicate they may have a conflict.
w
c
4.6-14 Storm Water Pollution Prevention Plan(SWPPP) v
d
Consultant shall update the existing Storm Water Data Report (SWDR) and -a
incorporate its recommendations into the Project's PS&E. Consultant shall be responsible m
0
for designing mitigations for National Pollutant Discharge Elimination System (NPDES)
compliance.
Deliverable I
v
• Draft updated SWDR,three copies. =-
• 60% SWPPP,three copies.
a
The Consultant shall review comments received from the City and other parties
w
regarding the above deliverable and, when approved by the City, incorporate them into N
a.
the document. This item will move to the 100%stage of completion. a�
m
c
4.7 TASK 7- 100% PS&E SUBMITTAL o
F
L
d
>
4.7-1 Roadway Plans a
U.
This submittal shall include comments, reviews, coordination efforts, and all
r
plans for streets, curb& gutter, sidewalk street lights, grading, landscaping and irrigation,
signing, traffic signals, striping, demolition, bridge construction, stage
construction/traffic handling, drainage, etc. Consultant shall provide final Plans, a
Specifications and Engineer's Estimate.
• 100%Roadway Plans as indicated above,three full size copies.
• 100%Specifications,three copies 8-1/2 x 11.
• 100%Engineers Estimate,three copies 8-1/2 x 11.
Page 47 of 55
Packet Pg.657
8Ct
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
the document. Upon incorporation of all comments from the City this item will be can be
submitted to the various stakeholders for review and approval.
4.7-2 Bridge and Retaining Wall Plans-Independent Structural Review(Deletable subtask) 0
Consultant shall independently review the unchecked plans, draft special
provisions, quantities, and construction cost estimate for the Bridges and retaining walls.
Consultant's independent review team shall analyze the structures, verify member N
c
capacities, review the special provisions, and prepare independent quantity calculations. c0)
All issues raised by the checkers shall be resolved with the structural designers. The final
design shall reflect agreement among the designers and independent checkers. Before
0
starting work on this task, Consultant shall submit a written explanation of how the
independent review will be accomplished. Work shall not begin prior to approval by the
City Engineer. �?
Deliverable 1
• Written explanation of how the independent review will be accomplished, three
copies. R
The Consultant shall review comments received from the City regarding the N
above deliverable. The City may consult with other Agencies regarding the conduct of 0
the independent review. If approved by the City, the Consultant will be given a Notice to m
Proceed with the independent review. The results of the independent review shall be 0
L
delivered to the City Engineer and not released to any outside Agency unless/until so >
directed by the City Engineer. a
U.
r
c
4.7-3 Construction Schedule 0
E
Consultant shall prepare a CPM construction schedule in consultation with the L)
r
City based on the estimated required working days for Project construction. a
Deliverable 1
• CPM Construction Schedule, three 24"x 36"copies.
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
Page 48 of 55
Packet Pg. 658
t
the document. After incorporation of all comments, this subtask shall be considered
completed.
4.7-4 Utility and Right-of-Way Update
The Consultant shall prepare a third notice to utility companies that operate in
the area and submit to the City Engineer. Specifically, the notice shall be sent to any
utility that did not respond to the first or second notice and any utility company that °
U
indicated they have a possible conflict. One-hundred percent drawing shall be
provided to the utility companies that indicate they may have a conflict and they shall be
w
directed to proceed with actions necessary to protect or relocate their facilities. The 3`d
Notice will be issued by the City Engineer or designee.
°
rn
L
Consultant shall verify and update utility relocations and Right-of-Way m
0
engineering data as needed. Changes in right of way including acquisition and utility
relocations, shall be reflected appropriately in the drawings, maps and associated reports.
Provisions shall be made in the contract documents where it has been agree that ti
�r
conflicting utilities will be relocated as part of the construction contract or a window of
time provided for relocation/protection by the utility owner.
Deliverable 1
• Utility and Right-of Way Update,three copies of each updated document. N
The Consultant shall review comments received from the City and other parties 4
regarding the above deliverable and, when approved by the City, incorporate them into m
the document. After incorporation of all comments, this subtask shall be considered c
L
completed. >
w
a
UL
4.7-5 Materials Handouts
Consultant shall prepare materials handout information as specified in Materials
Information furnished to Prospective Bidders.
Deliverable 1 Q
• Material Handouts,three copies.
The Consultant shall review comments received from the City and other parties
regarding the above deliverable and, when approved by the City, incorporate them into
Page 49 of 55
Packet Pg. 659
the document. After incorporation of all comments, this subtask shall be considered
completed.
4.7-6 Final PS&E Documents
Consultant shall submit the Final PS&E package to City, BNSF, Caltrans and
other agencies for fmal approval. The submittal shall incorporate review comments from
c
all involved agencies. 2
Deliverable 1
• Final PS&E Documents, size and number of copies to be determined by other
parties to which the documents will be sent for review.
The Consultant shall review comments received from other parties regarding the 0
a�
above deliverable and, when approved by the City, incorporate them into the documents. -a
After incorporation of all comments,this subtask shall be considered 100%completed. m
O
Deliverables 1
• One set of final plans (signed and sealed by the design team) on mylar(22" x 36"
x 0.007 weight).
• Final Plans(11 x 17 size), six copies.
• Final Plans(22 x 36 size)three copies.
• Final Plans electronic in AutoCAD 2000 format, Two CD*. c
W
• Final special provisions 8-1/2 x 11 size),three copies. U)
a.
• Final special provisions electronic on CD(word format),Two CD*. a,
• Final Bridge Design&Check Calculations,two copies. m`
• Final quantity calculations,two copies. c
d
• Final Engineers Estimate,three copies.
• Final Engineers Estimate, electronic on CD (Excel format), Two CD*. a.
W
* Where electronic copies on CD are called for, all files for the PS&E shall be copied
a�
onto each CD using separate subdircctories for the AutoCAD Plans, Special t
Provisions and the Engineer's Estimate. a
4.7-7 Resident Engineer Pending File
Consultant shall meet with the Construction Manager and functional units and
provide the following information for the Construction Manager file: (This list is not
comprehensive and Consultant shall provide additional information as appropriate)
Permits
Page 50 of 55
Packet Pg.660
Ad
• Surveying Notes
• Cross Sections
• Bridge Four Scale
Geotechnical(GDR),Materials Report and Foundation(FDR)Reports
• Hydrology/Hydraulics Report and calculations
• Relevant correspondence and memoranda
• Engineering calculations (horizontal and vertical alignments, earthwork quantities, g
a�
etc.)
co
• Environmental Agreements and Reports
• Summary and discussion of Environmental issues N
• Traffic Management Plan and supplements U
d
• Material Handouts
L
• Storm Water Data Report m
0
• Right-of-Way Maps &Agreements
• List of Project Personnel r
• Cooperative Agreements
JON Consultant shall provide an electronic version of RE pending file information.
When a report is required, the report shall be signed and sealed by a Registered
Professional Engineer or other California State licensed specialist as required by law.
w
06
m
4.8 TASK 8—CONSTRUCTION BIDDING PHASE
a�
Bidding procedures shall be the responsibility of the City. In addition, City shall:
m
Advise Consultant of listing dates. o
c
L
Inform Consultant of all issues and inquiries list and responses.
• Provide Consultant with bid results and summary sheets for their review.
a.
LL
During bid advertisement of the Project, Consultant shall refer all questions
concerning the intent to City for resolution. In the event that items requiring
interpretation of the drawings or specifications are discovered during the bidding period,
Consultant shall inform City. City shall advise Consultant regarding the proper
procedure required for analysis of said items. Any necessary corrective action shall
either be in the form of an addendum prepared by Consultant and issued by City, or via a
covering change order after the award of the construction contract.
Page 51 of 55
Packet,Pg.661
4.8-1 Pre-Bid Meeting
Consultant shall attend the pre-bid meeting if a pre-bid meeting is determined to
be necessary by the City.
4.8-2 Respond to Inquiries
Consultant shall draft responses to bidders' inquiries as requested by the City. All
such responses shall be routed through the City Engineer or designee. 0
d
a�
r
4.8-3 Addenda =
r
Consultant shall prepare addenda as requested by City Engineer or designee. N
0
U
m
4.9 TASK 9—CONSTRUCTION SUPPORT PHASE
L
Construction of the Project shall be the responsibility of the City's Contractor. m
0
During the construction phase, Consultant shall work closely with Project Manager
within the budget allotted to assist and advise on issues in order to minimize construction
conflicts and to expedite Project completion. ti
V*
3.8-1 Pre-Construction Meeting
Consultant shall attend the pre-construction meeting. The roll of the Consultant
shall be to provide design support to the City and/or its construction representative at the 06
a.
meeting. a�
m
4.9-2 Partnering Workshop(Deletable Item) c
Consultant shall attend a partnering workshop, if scheduled. >
a.
U_
4.9-3 Additional Drawings Due to Consultant Errors, Omissions, or Revisions. m
r
In the case of errors and/or omissions, Consultant shall furnish additional and/or
revised drawings or work effort necessary for corrections and change orders. The City
r
shall provide a written request for such drawings or work effort and Consultant shall a
provide said drawings or work effort at no additional cost to the City. Consultant shall
also provide the original tracings of the drawings and contract wording for related change
orders to City at no additional cost.
Page 52 of 55
Packet Pg.662
4.9-4 Shop Drawing and Submittal Review
Consultant shall review all submittals and shop drawings. The review of shop
drawings shall include bridge working drawing submittals, construction contractor's
submittals for substitutions, construction contractor's alternative construction Methods or
Materials approval(s), steel layout for structures, independent check of construction
contractor's falsework submittal and other submittals and shop drawings as requested by
the Construction Manager.
as
d
U)
4.9-5 Supplemental Drawings at City's Request(Extra Work)
w
If requested by City, Consultant shall prepare supplemental drawings and change
order-supporting documents. Any such supplemental drawings constitute extra work; 0
a�
therefore, prior approval from City is required. Any such additional engineering services,
L
drawings, or change order documentation prepared prior to receiving the required
O
approval shall be at Consultant's risk and expense.
4.9-6 Site Visits �?
Consultant shall visit the job site as requested by City for the purpose of
responding to bidder inquires.
c
4.9-7 Respond to Inquiries/RFIs 06
a.
Consultant shall draft responses to contractor inquiries and RFIs as requested by
the City's Construction Manager.
m
c
O
L
4.9-8 Change Order Preparation and Review >
w
Consultant shall review proposed change orders, draft change order language and
a.
U_
make recommendations as requested by the City's Construction Manager. If said
changes are necessary as a direct result of design errors and/or omissions, Consultant
shall prepare and/or review contract change orders at no additional cost to City.
City will: a
Act as lead for direction on issues raised and inquiries made by the Construction
Manager
• Inform Consultant of all field changes and Contract Change Orders(CCOs)
• Prepare and maintain working as-built mark-ups in the field
Page 53 of 55
Packet Pg.663
4.9-9 As-Builts
Consultant shall be responsible for incorporating as-builts into the PS&E,
including preparing final As-Built plans reflecting completed work onto one set of final
Project mylars.
c
4.10 TASK 10—PROJECT CLOSEOUT
After construction, Consultant shall provide all final construction Project records N
in accordance with City's requirements. Records shall include, but not necessarily be
w
limited to design survey records, including legible hard copies and electronic files, N
recorded monumentation, and post construction audits. Consultant shall maintain all c°�
a�
Project records in accordance with the filing system provided by the City.
m
r_
O
4.10-1 Develop Final Record Drawing Plans a
While City is responsible for maintaining working field as-built mark ups,
Consultant shall keep a similar set of plans, noting any variation between the plans and
the actual construction. These marked up plans shall form the basis for the development
of the Final record drawing PS&E. In developing the Final record drawing PS&E,
Consultant shall follow all requirements as specified and submit to City no later than 60
days after construction contract acceptance by City. City has final acceptance after all N
other Agencies accept. d
rn
L
m
4.10-2 Deliver Project Files o
L
Consultant shall provide all pertinent Project records to City. Documents shall be
w
organized in accordance with the City's filing system.
a
a:
4.10-3 Recorded Monumentation d
E
In accordance with the Professional Land Surveyors Act, Consultant shall review
monument surveys for the Project right-of-way. Consultant shall also review mapping a
and documentation for all recorded monuments associated with the Project.
4.10-4 Post Audits
Page 54 of 55
Packet Pg.664
e
E
Consultant shall assist the City with Project post construction audits, as required
or requested by Caltrans, BNSF, or City.
4.11 TASK 11 —CONTINGENCY(DELETABLE)
This Task shall consist of an amount equal to 15% of the Consultant's proposed
Not-To-Exceed fee. This amount shall be used, when requested by the City, to
compensate the Consultant for unforeseen work that has not been included in this RFP. It O
shall not be used to compensate the Consultant for cost over-run(s) on other Tasks d
Cn
contained herein, unless it can be shown that the over-run(s) are the result of, or caused
w
exclusively by, an action or inaction of the City.
O
U
m
i Where deliverable(s) are indicated, the number of items to be delivered are for the City only. -�
•L
Other requirements for deliverables, such as for Caltrans, BNSF, SCRRA, Flood Control, etc.
O
are not included. The Proposer is responsible for determining the number of items needed for E
delivery to outside agencies/parties.
ti
c
W
06
U)
a
d
a�
m
c
0
c
m
r
a.
U-
M
c
d
E
M
U
.r
Q
C
Page 55 of 55
Packet Pg.665
f
DRAFT
AGREEMENT FOR PROFESSIONAL SERVICES TO PREPARE PLANS,
SPECIFICATIONS AND ESTIMATE (PS&E) AND ACQUIRE RIGHT-OF-WAY
FOR THE MOUNT VERNON BRIDGE REPLACEMENT PROJECT
BRIDGE NO.54C-0066,CIP PROJECT NO. SSO4-012
FEDERAL AID PROJECT NO. BRLS-5033 (042).
THIS AGREEMENT is made and entered into this day of 2
2011 ("Effective Date"),by and between the CITY OF SAN BERNARDINO, a charter city a
("City"), and ("Consultant"). in
c
WITNESSETH : 3
c
A. WHEREAS, City proposes to have Consultant prepare Plans, Specifications and 0
Estimate (PS&E) and acquire Right-of-Way for the Mount Vernon Bridge Replacement a),
Project(SSO4-012) as described herein below; and
m
B. WHEREAS, Consultant represents that it has that degree of specialized expertise c
contemplated within California Government Code, Section 37103, and holds all necessary
licenses to practice and perform the services herein contemplated; and
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
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 LU
Agreement. a
d
NOW, THEREFORE, for and in consideration of the mutual covenants and -o
conditions contained herein,the parties hereby agree as follows: m
0
1.0. SERVICES PROVIDED BY CONSULTANT
1.1. Scope of Services. Consultant shall prepare Plans, Specifications and
a
Estimate (PS&E) and acquire Right-of-Way for the Mount Vernon Bridge Replacement U-
Project (SSO4-012) in accordance with Consultant's proposal dated ,
attached and incorporated herein as Attachment"I".
1.2. Professional Practices. All professional services to be provided by Consultant
pursuant to this Agreement shall be provided by personnel experienced in their respective a
fields and in a manner consistent with the standards of care, diligence and skill ordinarily
exercised by professional consultants in similar fields and circumstances in accordance with
sound professional practices. Consultant also warrants that it is familiar with all laws that
may affect its performance of this Agreement and shall advise City of any changes in any
laws that may affect Consultant's performance of this Agreement.
\\SIERRA\Depts\PW\ENGINEERING\_DFSIGN\P.FP's\2011\Mt Vernon PS&E\RequestforProposals\Draft Agreement
Mt Vernon Bridge PS&E.doc
1
Packet .6
i
r 8Ca
R
DRAFT
1.3. Warranty. Consultant warrants that it shall perform the services required by
this Agreement in compliance with all applicable Federal and California employment laws
including, but not limited to, those laws related to minimum hours and wages; occupational
health and safety; fair employment and employment practices; workers' compensation
insurance and safety in employment; and all other Federal, State and local laws and
ordinances applicable to the services required under this Agreement. Consultant shall
indemnify, defend, and hold harmless City from and against all claims, demands, payments, _
suits, actions, proceedings, and judgments of every nature and description including 0
attorneys' fees and costs, presented, brought, or recovered against City for, or on account of d
any liability under any of the above-mentioned laws, which may be incurred by reason of in
Consultant's performance under this Agreement.
w
1.4. Non-discrimination. In performing this Agreement, Consultant shall not o
engage in, nor permit its agents to engage in, discrimination in employment of persons v
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 m
protected by law, except as permitted pursuant to Section 12940 of the Government Code. _
Violation of this provision may result in the imposition of penalties referred to in Labor c
Code, Section 1735. >
w
1.5 Non-Exclusive A reement. Consultant acknowledges that City may enter into
agreements with other consultants for services similar to the services that are subject to this
Agreement or may have its own employees perform services similar to those services
contemplated by this Agreement. �
1.6. Delegation and Assignment. This is a personal service contract, and the duties
set forth herein shall not be delegated or assigned to any person or entity without the prior W
written consent of City. a
d
1.7. Business License: The Consultant shall obtain and maintain a valid City o
Business Registration Certificate during the term of this Agreement. m`
0
1.8. Duty of Loyalty/Conflict of Interest: The Consultant understands and agrees d
that as the City's representative the Consultant shall maintain a fiduciary duty and a duty of w
loyalty to the City in performing Consultant's obligations under this Agreement. Consultant,
in performing its obligations under this Agreement, is governed by California's conflict of U.
interest laws, Government Code Section 87100 et seq., and Title 2, California Code of w
Regulations Section 18700 et seq.
1.8.1 Prior to performing any services to City under this Agreement, Consultant
r
shall provide the City Engineer a written list of the Assessor Parcel Numbers and general a
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.
1.8.2 Consultant shall not work on any task that is related to any real property that
\\SIERRA\DE=pts\I'W\ENGINEERING\_DESIGN\RFP's\2011\Mt Vemon I'S&E\Request for Proposals\Draft Agreement
Mt Vernon Bridge N&E.doc
2 _
DRAFT
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 a total fixed fee of in accordance with the Fee Proposal
from dated and attached hereto as Attachment"2". 2
a�
2.2. Additional Services. Consultant shall not receive compensation for any in
services provided outside the scope of services specified in this Agreement unless the City or
its Project Manager for this Project, prior to Consultant performing the additional services,
approves such additional services in writing. It is specifically understood that oral requests o
and/or approvals of such additional services or additional compensation shall be barred and U
are unenforceable.
2.3. Method of Billing. Consultant may submit invoices to City's Project Manager m
for approval on a progress basis, but no more often than monthly. Said invoice shall be
based on the total of all Consultant's services which have been completed to City's sole
satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date
City receives said invoice. Each invoice shall describe in detail, the services performed and
the associated time for completion. Any additional services approved and performed
pursuant to this Agreement shall be designated as "Additional Services" and shall identify
the number of the authorized change order, where applicable, on all invoices.
2.4. Records and Audits. Records of Consultant's services relating to this
Agreement shall be maintained in accordance with generally recognized accounting W
principles and shall be made available to City or its Project Manager and/or audit at mutually a
convenient times for a period of three (3)years from the Effective Date.
a
L
3.0. TIME OF PERFORMANCE m
c
0
3.1. Commencement and Completion of Work. The obligation to perform the
professional services to be performed pursuant to this Agreement shall commence within five
(5) days from the Effective Date of this Agreement. Said services shall be performed in strict
compliance with the Project Schedule approved by the City's Project Manager. Failure to a LL
W
commence work in a timely manner and/or diligently pursue work to completion may be
grounds for termination of this Agreement.
3.2. Excusable Delays. Neither party shall be responsible for delays or lack of r
w
performance resulting from acts beyond the reasonable control of the party or parties. Such a
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.
\�SIF�R4'.�\ )t��f .Ce`\G°� ittiEsE[:I\C;\ DL.�IC�i \J'lPs�2lt"I"iMt 'emon {h}`=Peltat,Pfor PI )l'o.als,Draft Agl,eernellt
%It Vernon I36d;c t'S,v F.doc
3
Packet Pg.668
DRAFT
4.0. TERM AND TERMINATION
4.1. Term. This Agreement shall commence on the date approved by the City
Manager and continue until work on Plans, Specifications and Estimate (PS&E) and
acquisition of Right-of-Way for the Mount Vernon Bridge Replacement Project (SSO4-012)
is completed, unless previously terminated as provided herein or as otherwise agreed to in
writing by the parties. _
2
4.2. Notice of Termination. The City reserves and has the right and privilege of a
canceling, suspending or abandoning the execution of all or any part of the work in
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 o
immediately stop rendering services under this Agreement unless directed otherwise by the v
City.
L
4.3. Compensation. In the event of termination, City shall pay Consultant for
reasonable costs incurred and professional services satisfactorily performed up to and
including the date of City's written notice of termination. Compensation for work in
progress shall be prorated as to the percentage of work completed as of the effective date of
termination in accordance with the fees set forth herein. In ascertaining the professional
services actually rendered hereunder up to the effective date of termination of this
Agreement, consideration shall be given to both completed work and work in progress, to
10
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.
c
4.4 Documents. In the event of termination of this Agreement, all documents LU
prepared by Consultant in its performance of this Agreement including, but not limited to, a
finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City within ten(10) days of delivery of
termination notice to Consultant, at no cost to City. Any use of uncompleted documents mL
without specific written authorization from Consultant shall be at City's sole risk and without 0
liability or legal expense to Consultant. d
5.0. INSURANCE
CL
U_
0:
5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain and
maintain during the life of this Agreement all of the following insurance coverages:
(a) Comprehensive general liability, including premises-operations, 2
products/completed operations, broad form property damage, blanket Q
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.
® (b) Automobile liability for owned vehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
\\SIERRA\Depts\PW\ENGINEERING\_DESIGN\RFP's\2011\Mt Vernon PS&E\Request for Proposals\Draft Agreement
Mt Vernon Bridge PS&E.doc
4
Packet Pg.669
DRAFT
($1,000,000.00), combined single limits, per occurrence and
aggregate.
(c) Workers' compensation insurance as required by the State of
California.
(d) Professional errors and omissions ("E&O") liability insurance with
policy limits of not less than One Million Dollars ($1,000,000.00), 0
combined single limits, per occurrence and aggregate. Consultant a
shall obtain and maintain, said E&O liability insurance during the life co
of this Agreement and for three years after completion of the work
hereunder.
N
C
5.2. Endorsements. The comprehensive general liability insurance policy shall v
contain or be endorsed to contain the following provisions:
L
(a) Additional insureds: "The City of San Bernardino and its elected and m
appointed boards, officers, agents, and employees are additional c
insureds with respect to this subject project and contract with City."
(b) Notice: "Said policy shall not terminate, nor shall it be cancelled, nor
the coverage reduced, until thirty(30)days after written notice is given
to City."
(c) Other insurance: "Any other insurance maintained by the City of San
Bernardino shall be excess and not contributing with the insurance
provided by this policy."
U)
5.3. Certificates of Insurance. Consultant shall provide to City certificates of
insurance showing the insurance coverages and required endorsements described above, in a -a
form and content approved by City,prior to performing any services under this Agreement. m
0
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any F
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.
a
U-
6.0. GENERAL PROVISIONS
d
6.1. Entire Agreement. This Agreement constitutes the entire Agreement between
the parties with respect to any matter referenced herein and supersedes any and all other prior
writings and oral negotiations. This Agreement may be modified only in writing, and signed a
by the parties in interest at the time of such modification. The terms of this Agreement shall
prevail over any inconsistent provision in any other contract document appurtenant hereto,
including exhibits to this Agreement.
6.2. Representatives. The Public Works Director or his designee shall be the
representative of City for purposes of this Agreement and may issue all consents, approvals,
\\SIERRA\Depts\PW\ENGINEERING\_DESIGN\RFP's\2011\Mt Vernon PS&E\Request for Proposals\Draft Agreement
Mt Vernon Bridge PS&E.doc
0—MMM
DRAFT
directives and agreements on behalf of the City, called for by this Agreement, except as
otherwise expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorized to issue all consents, approvals, directives and agreements on behalf
of Consultant called for by this Agreement, except as otherwise expressly provided in this
Agreement. F
0
r
6.3. Project Managers. City shall designate a Project Manager to work directly d
with Consultant in the performance of this Agreement. in
c
as
Consultant shall designate a Project Manager who shall represent it and be its
agent in all consultations with City during the term of this Agreement. Consultant's Project o
Manager shall attend and assist in all coordination meetings called by City. L)
a)
6.4. Notices. Any notices, documents, correspondence or other communications m
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 c
deemed served or delivered: a) at the time of delivery if such communication is sent by
personal delivery; b) at the time of transmission if such communication is sent by facsimile;
and c) 48 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if
such communication is sent through regular United States mail.
IF TO CONSULTANT: IF TO CITY:
Nadeem Majaj
Director of Public Works
300 North"D" Street
San Bernardino,Ca 92418 co
a
Tel: Tel: 909-384-5140
Fax: Fax: 909-384-5190
L
m
6.5. Attorneys' Fees. In the event that litigation is brought by any party in c
connection with this Agreement, the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the
prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement a.
of any of the terms, conditions, or provisions hereof. The costs, salary and expenses of the X
City Attorney and members of his office in enforcing this contract on behalf of the City shall
be considered as "attorneys' fees"for the purposes of this paragraph.
6.6. Governing Law. This Agreement shall be governed by and construed under
the laws of the State of California without giving effect to that body of laws pertaining to a
conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the
parties hereto agree that the sole and exclusive venue shall be a court of competent
jurisdiction located in San Bernardino County, California.
6.7. Assignment. Consultant shall not voluntarily or by operation of law assign,
transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without
\\SIERRA\Depts\PW\ENGINEERING\_DESIGN\RFP's\2011\Mt Vernon PS&E\Request for Proposals\Draft Agreement
Mt Vernon Bridge PS&E.doc
6 p '.�I,su.
14i�f'?I61 i
DRAFT
City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance
shall be void and shall constitute a breach of this Agreement and cause for termination of this
Agreement. Regardless of City's consent, no subletting or assignment shall release
Consultant of Consultant's obligation to perform all other obligations to be performed by
Consultant hereunder for the term of this Agreement.
6.8 Indemnification and Hold Harmless. Consultant shall protect, defend, _
indemnify and hold harmless City and its elected and appointed officials, officers, and
employees from any and all claims, liabilities, expenses, including attorney fees, damage to a
property or injuries to or death of any person or persons or damages of any nature including,
but not by way of limitation, all civil claims or workers' compensation claims, arising out of
or in any way connected with the intentional or negligent acts, errors or omissions of
Consultant, its employees, agents or subconsultants in the performance of this Agreement.
0
U
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at its m
expense, and be responsible for any and all payment of Income Tax, Social Security, State
Disability Insurance Compensation, Unemployment Compensation, and other payroll =
deductions for Consultant and its officers, agents, and employees, and all business licenses, if
any are required, in connection with the services to be performed hereunder.
6.10 Ownership of Documents. All findings,reports, documents, information and
data including,but not limited to, computer tapes or discs, files and tapes furnished or
prepared by Consultant or any of its subcontractors in the course of performance of this
Agreement, shall be and remain the sole property of City. Consultant agrees that any such
documents or information shall not be made available to any individual or organization
without the prior consent of City. Any use of such documents for other projects not LU
contemplated by this Agreement, and any use of incomplete documents, shall be at the sole a
risk of City and without liability or legal exposure to Consultant. City shall indemnify and d
hold harmless Consultant from all claims, damages, losses, and expenses, including -a
attorneys' fees, arising out of or resulting from City's use of such documents for other m
projects not contemplated by this Agreement or use of incomplete documents furnished by c
Consultant. Consultant shall deliver to City any findings,reports, documents, information,
data, in any form, including but not limited to, computer tapes, discs, files audio tapes or any
other Project related items as requested by City or its authorized representative, at no
a.
additional cost to the City. LL
W
w
6.11 Public Records Act Disclosure. Consultant has been advised and is aware that
all reports, documents, information and data including, but not limited to, computer tapes,
discs or files furnished or prepared by Consultant, or any of its subcontractors, and provided
to City may be subject to public disclosure as required by the California Public Records Act a
(California Government Code Section 6250 et. seq.). Exceptions to public disclosure may be
those documents or information that qualify as trade secrets, as that term is defined in the
California Government Code Section 6254.7, and of which Consultant informs City of such
trade secret. The City will endeavor to maintain as confidential all information obtained by it
that is designated as a trade secret. The City shall not, in any way,be liable or responsible for
the disclosure of any trade secret including, without limitation, those records so marked if
\\SIERRA\Depts\PW\ENGINEERING\_DESIGN\RFP's\2011\Mt Vernon PS&E\Request for Proposals\Draft Agreement
Mt Vernon Bridge PS&E.doc
7
DRAFT
disclosure is deemed to be required by law or by order of the Court.
6.12. Responsibility for Errors. Consultant shall be responsible for its work and
results under this Agreement. Consultant, when requested, shall furnish clarification and/or
explanation as may be required by the City's representative, regarding any services rendered
under this Agreement at no additional cost to City. In the event that an error or omission
attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all F
necessary design drawings, estimates and other Consultant professional services necessary to •2
rectify and correct the matter to the sole satisfaction of City and to participate in any meeting a)
required with regard to the correction. in
6.13. Prohibited Employment. Consultant will not employ any regular employee of
City while this Agreement is in effect. o
U
6.14. Order of Precedence. In the event of an inconsistency or conflict in this
Agreement and any of the attached Exhibits or Attachments, the terms set forth in this m
Agreement shall prevail. o
L
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.
ti
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
c
Agreement. �
w
6.17. Headings. Paragraphs and subparagraph headings contained in this a
Agreement are included solely for convenience and are not intended to modify, explain or to a
be a full or accurate description of the content thereof and shall not in any way affect the
meaning or interpretation of this Agreement. m
_
0
_
6.18. Construction. The parties have participated jointly in the negotiation and
drafting of this Agreement. In the event an ambiguity or question of intent or interpretation
arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly
a.
by the parties and in accordance with its fair meaning. There shall be no presumption or U.
burden of proof favoring or disfavoring any party by virtue of the authorship of any of the
provisions of this Agreement. 0
E
6.19 Amendments. Only a writing executed by the parties hereto or their respective
successors and assigns may amend this Agreement. a
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in no
way be deemed a waiver of those rights to require such performance or compliance. No
waiver of any provision of this Agreement shall be effective unless in writing and signed by a
duly authorized representative of the party against whom enforcement of a waiver is sought.
\\SIERRA\Depts\PW\ENGINEERING\_DESIGN\RFP's\2011\Mt Vernon PS&E\Request for Proposals\Draft Agreement
Mt Vernon Bridge PS&E.doc
8 l ��it N���i i y
DRAFT
I
The waiver of any right or remedy with respect to any occurrence or event shall not be
deemed a waiver of any right or remedy with respect to any other occurrence or event, nor
shall any waiver constitute a continuing waiver.
6.21. Severability. If any provision of this Agreement is determined by a court of
competent jurisdiction to be unenforceable in any circumstance, such determination shall not
affect the validity or enforceability of the remaining terms and provisions hereof or of the =
offending provision in any other circumstance. °
U
6.22. Counterparts. This Agreement may be executed in one or more counterparts, Cn
each of which shall be deemed an original. All counterparts shall be construed together and
shall constitute one agreement.
°
_
6.23. Corporate Authority. The persons executing this Agreement on behalf of the ci
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of 4)
said parties and that by doing so, the parties hereto are formally bound to the provisions of
CO
this Agreement. r-
0
_
L
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.
ti
v
_
W
(L
a�
CO AL
_
0
L
d
.F+
C
a
U-
_
as
E
c�
.r
a
\\SIFRIZA\I)eptsiPtN\l3N(,lNk t[:tNG\.F)P51GN\RFP's'\2011\.lfi:Verrion PS&E\PW(4ues1 fo:Proposals\Draft A(;reeTYI0IIt
Mt Vernon Bridge PS&F.doc
8.C.a
DRAFT
AGREEMENT FOR PROFESSIONAL SERVICES TO PREPARE PLANS,
SPECIFICATIONS AND ESTIMATE (PS&E) AND ACQUIRE RIGHT-OF-WAY
FOR THE MOUNT VERNON BRIDGE REPLACEMENT PROJECT
BRIDGE NO. 54C-0066, CIP PROJECT NO. SSO4-012
FEDERAL AID PROJECT NO. BRLS-5033 (042).
c
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed °
by and through their respective authorized officers, as of the date first above written. a
a�
Cn
CITY OF SAN BERNARDINO, CONSULTANT
A Municipal Corporation
N
C
O
U
m
rn
By
Charles E. McNeely, City Manager Signature m
O
L
m
Name and Title
Ar
rn
ti
CL
Approved as to form:
W
James F. Penman, a
City Attorney aD
m
BY o
L
CD
>
c�
G
a.
U-
c
d
E
t
Q
\\SIEPIZA\Depts\PW\ENGINEERING\_DESIGN\RPP's\2011\Mt Vemon PS&E,\Request for Proposals\Draft Agreement
Mt Vernon Bridge PS&E.doc
10
Packet Pg. 675
8.C.a
Local Assistance Procedures Manual EXH i5l I 1U-1
Notice to Proposers DBE Information
Exhibit 10-I Notice to Proposers DBE Information
CITY OF SAN BERNARDINO Nadeem Majaj RE.-DIRECTOR
l
PUBLIC WORKS DEPARTMENT 300 North `D"Strut
San Bernardino,CA 92418-0001
909.384.5140
I
San Bemar ipp NOTICE TO PROPOSERS
DISADVANTAGED BUSINESS ENTERPRISE
INFORMATION
Cn
The Agency has established an Underutilized DBE goal for this Agreement of 9.77%OR cv
m
as
• m
c
0
1. TERMS AS USED IN THIS DOCUMENT
>
The term"Disadvantaged Business Enterprise"or"DBE"means a for-profit small business concern
owned and controlled by a socially and economically disadvantaged person(s)as defined in Title 49,
Part 26.5,Code of Federal Regulations(CFR). r
• The term"Underutilized Disadvantaged Business Enterprise"or"UDBE."DBE classes that have been
determined in the 2007 Caltrans Disparity Study to have a statistically significant disparity in their
utilization in previously awarded transportation contracts.UDBEs include: African Americans,Native
Americans,Asian-Pacific Americans,and Women. w
06
• The term"Agreement"also means"Contract." a
0
• Agency also means the local entity entering into this contract with the Contractor or Consultant.
m`
• The term"Small Business"or"SB"is as defined in 49 CFR 26.65. 0
F
W
2. AUTHORITY AND RESPONSIBILITY >
A. DBEs and other small businesses are strongly encouraged to participate in the performance of a
Agreements financed in whole or in part with federal funds(See 49 CFR 26,"Participation by U.
o:
Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs").
The Contractor should ensure that DBEs and other small businesses have the opportunity to participate a=)
in the performance of the work that is the subject of this solicitation and should take all necessary and E
reasonable steps for this assurance.The proposer shall not discriminate on the basis of race,color,
national origin,or sex in the award and performance of subcontracts. a
B. Proposers are encouraged to use services offered by financial institutions owned and controlled by DBEs.
Page 10-49
LPP 09-02 Packet Pg. 676
8.C.a
EXHBIT 10-I Local Assistance Procedures Manua
Notice to Proposers DBE Information
0 3. SUBMISSION OF UDBE AND DBE INFORMATION
If there is a UDBE goal on the contract,a"Local Agency Proposer UDBE Commitment(Consultant
Contract)"(Exhibit 10-01)form shall be included in the Request for Proposal.In order for a proposer to be
considered responsible and responsive,the proposer must make good faith efforts to meet the goal
established for the contract. If the goal is not met,the proposer must document adequate good faith efforts.
Only UDBE participation will be counted towards the contract goal;however,all DBE participation shall be
collected and reported. o
2
A"Local Agency Proposer DBE Information(Consultant Contract)"(Exhibit I0-02)form shall be included
with the Request for Proposal.The purpose of the form is to collect data required under 49 CFR 26.For in
contracts with UDBE goals,this form collects DBE participation by DBEs owned by Hispanic American and
Subcontinent Asian Americans males(persons whose origin are from India,Pakistan,Bangladesh,Bhutan,
Maldives Islands,Nepal or Sri Lanka).For contracts with no goals,this form collects information on all
DBEs,including UDBEs.Even if no DBE participation will be reported,the successful proposer must execute o
and return the form. U
d
rn
4. DBE PARTICIPATION GENERAL INFORMATION m
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR,Part 26,and the F
Department's DBE program developed pursuant to the regulations.Particular attention is directed to the >
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the
California Unified Certification Program(CUCP).
B. A certified DBE may participate as a prime contractor,subcontractor,joint venture partner,as a vendor
of material or supplies,or as a trucking company.
C. A UDBE proposer not proposing as a joint venture with a non-DBE,will be required to document one or w
a combination of the following: W
a
1. The proposer is a UDBE and will meet the goal by performing work with its own forces. a,
L
2. The proposer will meet the goal through work performed by UDBE subcontractors,suppliers or m
c
trucking companies. °c
L
0
3. The proposer,prior to proposing,made adequate good faith efforts to meet the goal. >
w
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined 0.
portions thereof.Responsibility means actually performing,managing,and supervising the work with its W
own forces.The DBE joint venture partner must share in the capital contribution,control,management,
risks and profits of the joint venture commensurate with its ownership interest.
s
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.5 5, that is,a DBE firm
must be responsible for the execution of a distinct element of the work and must carry out its Q
responsibility by actually performing,managing and supervising the work.
F. The proposer shall list only one subcontractor for each portion of work as defined in their proposal and all
DBE subcontractors should be listed in the bid/cost proposal list of subcontractors.
G. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward
the DBE participation except that portion of the work to be performed by non-DBE subcontractors.
Page 10-50
July 31,2009 L Packet Pg.677
B.C.a
Local Assistance Procedures Manual EXHBIT 10-1
Notice to Proposers DBE Information
5. RESOURCES
A. The CUCP database includes the certified DBEs from all certifying agencies participating in the CUCP.
If you believe a firm is certified that cannot be located on the database,please contact the Caltrans Office
of Certification toll free number 1-866-810-6346 for assistance. Proposer may call(916)440-0539 for
web or download assistance. o
r
B. Access the CUCP database from the Department of Transportation,Civil Rights,Business Enterprise
Program web site at: ho://www.dot.ca.gov/hg/beP/ Cn
c
• Click on the link in the left menu titled Disadvantaged Business Enterprise B
0
Ch
• QickonSearch for a DBE Firm link 0
0
U
ClickonAccess to the DBE Query Form located on the first line in the center of the page
L
•
Searches can be perfom-r-d by one or rrDre criteria m
0
F
• Followir>stnx ticm on the screen
C. How to Obtain a List of Certified DBEs without Internet Access
D. DBE Directory: If you do not have Internet access,Caltrans also publishes a directory of certified DBE
firms extracted from the online database.A copy of the directory of certified DBEs may be ordered at:
http://caltrans-opac.ca.gov/publ icat.htm
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS DBE CREDIT,AND =
IF A DBE IS ALSO A UDBE,PURCHASES WILL COUNT TOWARDS THE UDBE GOAL UNDER w
THE FOLLOWING CONDITIONS: N
a.
A. If the materials or supplies are obtained from a DBE manufacturer,count 100 percent of the cost of the 0
materials or supplies.A DBE manufacturer is a firm that operates or maintains a factory,or
L
establishment that produces on the premises the materials,supplies,articles,or equipment required under m
the Agreement and of the general character described by the specifications. c
L
B. If the materials or supplies purchased from a DBE regular dealer,count 60 percent of the cost of the >
materials or supplies.A DBE regular dealer is a firm that owns,operates or maintains a store, g
warehouse,or other establishment in which the materials,supplies,articles or equipment of the general
character described by the specifications and required under the Agreement are bought,kept in stock, o_
and regularly sold or leased to the public in the usual course of business.To be a DBE regular dealer,the
firm must be an established,regular business that engages,as its principal business and under its own
1_
name,in the purchase and sale or lease of the products in question.A person may be a DBE regular dealer 0
in such bulk items as petroleum products,steel,cement,gravel,stone or asphalt without owning, 2
operating or maintaining a place of business provided in this section. Q
LPP 09-02 Packet Pg.678
EXHBIT 10-I Local Assistance Procedures Manua
Notice to Proposers DBE Information
Orr
C. If the person both owns and operates distribution equipment for the products,any supplementing
of regular dealers' own distribution equipment shall be,by a long-term lease agreement and not
an ad hoc or Agreement-by-Agreement basis.Packagers,brokers,manufacturers'
representatives,or other persons who arrange or expedite transactions are not UDBE regular
dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE,which is neither a manufacturer nor a regular o
dealer,will be limited to the entire amount of fees or commissions charged for assistance in the
procurement of the materials and supplies,or fees or transportation charges for the delivery of a)
materials or supplies required on the job site,provided the fees are reasonable and not excessive u)
as compared with fees charged for similar services.
7. FOR DBE TRUCKING COMPANIES: CREDIT FOR DBES WILL COUNT TOWARDS
N
C
DBE. CREDIT, AND IF A DBE IS A UDBE, CREDIT WILL COUNT TOWARDS THE 0
UDBE GOAL UNDER THE FOLLOWING CONDITIONS:
A. The DBE must be responsible for the management and supervision of the entire trucking m
operation for which it is responsible on a particular Agreement,and there cannot be a contrived o
arrangement for the purpose of meeting the UDBE goal.
a�
B. The DBE must itself own and operate at least one fully licensed,insured,and operational truck .:
used on the Agreement.
ti
C. The DBE receives credit for the total value of the transportation services it provides on the
Agreement using trucks it owns,insures,and operates using drivers it employs.
D. The DBE may lease trucks from another DBE firm including an owner-operator who is certified
as a DBE. A DBE who leases trucks from another DBE receives credit for the total value of the
R
transportation services the lessee DBE provides on the Agreement. UJ
Cn
E. The DBE may also lease trucks from a non-DBE firm,including an owner-operator.A DBE who a
leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a
result of the lease arrangement.A DBE does not receive credit for the total value of the m
transportation services provided by the lessee,since these services are not provided by the DBE. _
0
c
F. For the purposes of this Section D,a lease must indicate that the DBE has exclusive use and a,
control over the truck.This does not preclude the leased truck from working for others during
the term of the lease with the consent of the DBE,as long as the lease gives the DBE absolute
priority for use of the leased truck.Leased trucks must display the name and identification
number of the DBE.
c
a�
E
R
r
Q
C
Page 10-52
July 31,2009 L Packet Pg.679
r
� EEEI
E EXHBIT 10-I Local Assistance Procedures Manua
Notice to Proposers DBE Information
3. SUBMISSION OF UDBE AND DBE INFORMATION
If there is a UDBE goal on the contract,a"Local Agency Proposer UDBE Commitment(Consultant
Contract)"(Exhibit 10-01)form shall be included in the Request for Proposal.In order for a proposer to be
considered responsible and responsive,the proposer must make good faith efforts to meet the goal
established for the contract. If the goal is not met,the proposer must document adequate good faith efforts.
Only UDBE participation will be counted towards the contract goal;however,all DBE participation shall be
collected and reported. _
0
A"Local Agency Proposer DBE Information(Consultant Contract)"(Exhibit 10-02)form shall be included 0
with the Request for Proposal.The purpose of the form is to collect data required under 49 CFR 26. For
contracts with UDBE goals,this form collects DBE participation by DBEs owned by Hispanic American and
Subcontinent Asian Americans males(persons whose origin are from India,Pakistan,Bangladesh,Bhutan,
Maldives Islands,Nepal or Sri Lanka).For contracts with no goals,this form collects information on all N
DBEs,including UDBEs.Even if no DBE participation will be reported,the successful proposer must execute o
and return the form. v
rn
v
L
4. DBE PARTICIPATION GENERAL INFORMATION m
c
It is the proposer's responsibility to be fully informed regarding the requirements of 49 CFR,Part 26,and the F
Department's DBE program developed pursuant to the regulations.Particular attention is directed to the
following:
A. A DBE must be a small business firm defined pursuant to 13 CFR 121 and be certified through the ti
California Unified Certification Program(CUCP). 'd
B. A certified DBE may participate as a prime contractor,subcontractor,joint venture partner,as a vendor
of material or supplies,or as a trucking company. .a
c
C. A UDBE proposer not proposing as a joint venture with a non-DBE,will be required to document one or W
a combination of the following: N
a
1. The proposer is a UDBE and will meet the goal by performing work with its own forces.
L
2. The proposer will meet the goal through work performed by UDBE subcontractors,suppliers or m
trucking companies. C
F
d
3. The proposer,prior to proposing,made adequate good faith efforts to meet the goal. >
CY
G
D. A DBE joint venture partner must be responsible for specific contract items of work or clearly defined a
u_
portions thereof.Responsibility means actually performing,managing,and supervising the work with its
own forces.The DBE joint venture partner must share in the capital contribution,control,management,
risks and profits of the joint venture commensurate with its ownership interest.
s
E. A DBE must perform a commercially useful function pursuant to 49 CFR 26.55, that is,a DBE firm
must be responsible for the execution of a distinct element of the work and must carry out its a
responsibility by actually performing,managing and supervising the work.
F. The proposer shall list only one subcontractor for each portion of work as defined in their proposal and all
DBE subcontractors should be listed in the bid/cost proposal list of subcontractors.
G. A prime contractor who is a certified DBE is eligible to claim all of the work in the Agreement toward
the DBE participation except that portion of the work to be performed by non-DBE subcontractors.
Page 10-50
July 31,2009 L Packet Pg.680
8.C�.a�
Local Assistance Procedures Manual EABIT 10-I
rlll Notice to Proposers DBE Information
i
5. RESOURCES
i
A. The CUCP database includes the certified DBEs from all'certifying agencies participating in the CUCP.
If you believe a firm is certified that cannot be located on the database,please contact the Caltrans Office
of Certification toll free number 1-866-810-6346 for assistance. Proposer may call(916)440-0539 for
web or download assistance. o
I w
B. Access the CUCP database from the Department of Transportation,Civil Rights,Business Enterprise m
Program web site at: http://www.dot.ca.gov/hglbep/.
.r
c
• Clickonthe linkinthe left nwutitledDisadvantaged Business Enterprise
Click on Search for a DBE Firm link o
` U
ClickonAccess to the DBE Query Form located on the first line in the center of the page
`L
Seam can be pexfomr-d by orie er more criteria 0°
_
O
_
• Followinstnrtions on the sere m
C. How to Obtain a List of Certified DBEs without Internet Access
D. DBE Directory: If you do not have Internet access,Caltrans also publishes a directory of certified DBE
firms extracted from the online database.A copy of the directory of certified DBEs may be ordered at:
http://caltrans-opac.ca.gov/publicat.htm
6. MATERIALS OR SUPPLIES PURCHASED FROM DBES COUNT TOWARDS DBE CREDIT,AND IF A DBE IS ALSO A
UDBE,PURCHASES WILL COUNT TOWARDS THE UDBE GOAL UNDER THE FOLLOWING CONDITIONS: f°
W
06
A. If the materials or supplies are obtained from a DBE manufacturer,count 100 percent of the cost of the a
materials or supplies.A DBE manufacturer is a firm that operates or maintains a factory,or a�
establishment that produces on the premises the materials,supplies,articles,or equipment required under :a
the Agreement and of the general character described by the specifications. m
O
B. If the materials or supplies purchased from a DBE regular dealer,count 60 percent of the cost of the
materials or supplies.A DBE regular dealer is a firm that owns,operates or maintains a store, >
warehouse,or other establishment in which the materials,supplies,articles or equipment of the general g
character described by the specifications and required under the Agreement are bought,kept in stock,
U.
and regularly sold or leased to the public in the usual course of business.To be a DBE regular dealer,the W
firm must be an established,regular business that engages,as its principal business and under its own
name,in the purchase and sale or lease of the products in question.A person may be a DBE regular deale 4)
in such bulk items as petroleum products,steel,cement,gravel,stone or asphalt without owning,
operating or maintaining a place of business provided in this section.
a
Page 10-51
LPP 09-02 Packet Pg. 681
r
EXHBIT 10-1 Local Assistance Procedures Manual
Notice to Proposers DBE Information
C. If the person both owns and operates distribution equipment for the products,any supplementing
of regular dealers'own distribution equipment shall be,by a long-term lease agreement and not
an ad hoc or Agreement-by-Agreement basis.Packagers,brokers,manufacturers'
representatives,or other persons who arrange or expedite transactions are not UDBE regular
dealers within the meaning of this section.
D. Materials or supplies purchased from a DBE,which is neither a manufacturer nor a regular o
dealer,will be limited to the entire amount of fees or commissions charged for assistance in the
procurement of the materials and supplies,or fees or transportation charges for the delivery of a
materials or supplies required on the job site,provided the fees are reasonable and not excessive Cn
as compared with fees charged for similar services. C
B
M
7. FOR DBE TRUCKING COMPANIES:CREDIT FOR DBEs WILL COUNT TOWARDS DBE CREDIT,AND
IF A DBE IS A UDBE,CREDIT WILL COUNT TOWARDS THE UDBE GOAL UNDER THE FOLLOWING U
CONDITIONS:
rn
A. The DBE must be responsible for the management and supervision of the entire trucking m`
operation for which it is responsible on a particular Agreement,and there cannot be a contrived o
arrangement for the purpose of meeting the UDBE goal. _
a�
B. The DBE must itself own and operate at least one fully licensed,insured,and operational truck
used on the Agreement.
c,
C. The DBE receives credit for the total value of the transportation services it provides on the
Agreement using trucks it owns, insures,and operates using drivers it employs.
D. The DBE may lease trucks from another DBE firm including an owner-operator who is certified
as a DBE.A DBE who leases trucks from another DBE receives credit for the total value of the
transportation services the lessee DBE provides on the Agreement. w
Od
U)
E. The DBE may also lease trucks from a non-DBE firm,including an owner-operator.A DBE who
leases trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a .a
result of the lease arrangement.A DBE does not receive credit for the total value of the m
transportation services provided by the lessee,since these services are not provided by the DBE. o
_
F. For the purposes of this Section D,a lease must indicate that the DBE has exclusive use and
control over the truck.This does not preclude the leased truck from working for others during
the term of the lease with the consent of the DBE,as long as the lease gives the DBE absolute a
priority for use of the leased truck.Leased trucks must display the name and identification U.
o!
number of the DBE.
as
E
ca
a
Page 10-52
July 31,2009 L Packet Pg.682
8 C.a
Local Assistance Procedures Manual EXNBIT 10-J
Standard Agreement for Subcontractor/DBE Participation
Exhibit 10-J Standard Agreement for Subcontractor/DBE Participation
1. Subcontractors
c
A. Nothing contained in this Agreement or otherwise, shall create any contractual relation between the 0
Agency and any subcontractors,and no subcontract shall relieve the Contractor of his/her responsibilities
and obligations hereunder. The Contractor agrees to be as fully responsible to the Agency for the acts and 0
omissions of its subcontractors and of persons either directly or indirectly employed by any of them as it
is for the acts and omissions of persons directly employed by the Contractor.The Contractor's obligation M
to pay its subcontractors is an independent obligation from the Agency's obligation to make payments to N
the Contractor.
0
U
B. Any subcontract in excess of$25,000, entered into as a result of this Agreement,shall contain all the
provisions stipulated in this Agreement to be applicable to subcontractors. :2
L
ra
C. Contractor shall pay its subcontractors within ten(l 0)calendar days from receipt of each payment made to 0
the Contractor by the Agency. E-
D. Any substitution of subcontractors must be approved in writing by the Agency's Contract Manager in
advance of assigning work to a substitute subcontractor.
ti
v
2. Disadvantaged Business Enterprise(DBE)Participation
A. This Agreement is subject to 49 CFR,Part 26 entitled"Participation by Disadvantaged Business �
Enterprises in Department of Transportation Financial Assistance Programs."Proposers who obtain DBE
participation on this contract will assist Caltrans in meeting its federally mandated statewide overall DBE R
w
goal. 06
Cn
a
B. If the contract has an underutilized DBE(UDBE)goal,the Consultant must meet the UDBE goal by
committing UDBE participation or document a good faith effort to meet the goal. If a UDBE -a
subconsultant is unable to perform,the Consultant must make a good faith effort to replace him/her with M
another UDBE subconsultant,if the goal is not otherwise met.A UDBE is a firm meeting the definition o
of a DBE as specified in 49 CFR and is one of the following groups:African Americans,Native L
Americans,Asian-Pacific Americans,or Women.
C. DBEs and other small businesses,as defined in 49 CFR,Part 26 are encouraged to participate in the
a
performance of agreements financed in whole or in part with federal funds.The Consultant,sub-recipient W
o:
or subconsultant shall not discriminate on the basis of race,color,national origin, or sex in the
performance of this Agreement.The Consultant shall carry out applicable requirements of 49 CFR,Part
26 in the award and administration of US DOT-assisted agreements.Failure by the Consultant to carry E
out these requirements is a material breach of this Agreement,which may result in the termination of this
Agreement or such other remedy as the recipient deems appropriate. Q
D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this
section.
Page 10-53
LPP 09-02 July 31,2009
Packet Pg.683
k
B.C.a
EXHBIT 10-J Local Assistance Procedures Manual
Standard Agreement for Subcontractor/DBE Participation
3. Performance of DBE Consultant and other DBE Subconsultants/Suppliers
A. A DBE performs a commercially useful function when it is responsible for execution of the work of the
Agreement and is carrying out its responsibilities by actually performing,managing,and supervising the
work involved.To perform a commercially useful function,the DBE must also be responsible with
respect to materials and supplies used on the Agreement,for negotiating price,determining quality and
quantity,ordering the material,and installing(where applicable)and paying for the material itself.To 0
determine whether a DBE is performing a commercially useful function, evaluate the amount of work
subcontracted,industry practices;whether the amount the firm is to be paid under the Agreement is in
commensurate with the work it is actually performing; and other relevant factors.
B. A DBE does not perform a commercially useful function if its role is limited to that of an extra participant
in a transaction,Agreement,or project through which funds are passed in order to obtain the appearance 0
of DBE participation. In determining whether a DBE is such an extra participant,examine similar y
transactions,particularly those in which DBEs do not participate. -a
C. If a DBE does not perform or exercise responsibility for at least 30 percent of the total cost of its m
Agreement with its own work force,or the DBE subcontracts a greater portion of the work of the =
Agreement than would be expected on the basis of normal industry practice for the type of work involved,
it will be presumed that it is not performing a commercially useful function.
4. Prompt Payment of Funds Withheld to Subcontractors
(Local agency to use either A,B, or C below;delete the other two)
A. No retainage will be withheld by the Agency from progress payments due the prime contractor.Retainage
by the prime consultant or subconsultants is prohibited,and no retainage will be held by the prime
contractor from progress due subcontractors.Any violation of this provision shall subject the violating
prime consultant or subconsultants to the penalties, sanctions,and other remedies specified in Section w
7108.5 of the California Business and Professions Code.This requirement shall not be construed to limit CO
or impair any contractual, administrative,or judicial remedies,otherwise available to the prime consultant
or subconsultant in the event of a dispute involving late payment or nonpayment by the prime consultant .a
or deficient subconsultant performance, or noncompliance by a subconsultant.This provision applies to m
both DBE and non-DBE prime consultants and subconsultants. c
0
c
B. No retainage will be held by the Agency from progress payments due the prime consultant.Any retainage
held by the prime consultant or subconsultants from progress payments due subconsultants shall be +,
promptly paid in full to subconsultants within 30 days after the subconsultant's work is satisfactorily
completed. Federal law(49 CFR26.29)requires that any delay or postponement of payment over the 30 U-
days may take place only for good cause and with the Agency's prior written approval.Any violation of
this provision shall subject the violating prime consultant or subconsultant to the penalties,sanctions and
other remedies specified in Section 7108.5 of the Business and Professions Code.These requirements E
shall not be construed to limit or impair any contractual,administrative,or judicial remedies,otherwise
available to the prime consultant or subconsultant in the event of a dispute involving late payment or Y
nonpayment by the prime consultant,deficient subconsultant performance,or noncompliance by a a
subconsultant.This provision applies to both DBE and non-DBE prime consultant and subconsultants.
Page 10-54
July 31,2009 LPP 09-02
Packet Pg.684
8.C.a
Local Assistance Procedures Manual EXHBIT 10-J
Standard Agreement for Subcontractor/DBE Participation
C. The Agency shall hold retainage from the prime consultant and shall make prompt and regular incremental
acceptances of portions,as determined by the Agency,of the contract work,and pay retainage to the
prime contractor based on these acceptances. The prime consultant, or subconsultant,shall return all
monies withheld in retention from a subconsultant within 30 days after receiving payment for work
satisfactorily completed and accepted including incremental acceptances of portions of the contract work
by the agency. Federal law(49 CFR26.29)requires that any delay or postponement of payment over 30
days may take place only for good cause and with the agency's prior written approval.Any violation of o
this provision shall subject the violating prime consultant or subconsultant to the penalties,sanctions and
other remedies specified in Section 7108.5 of the Business and Professions Code.These requirements
shall not be construed to limit or impair any contractual,administrative,or judicial remedies,otherwise
available to the prime consultant or subconsultant in the event of a dispute involving late payment or
nonpayment by the prime contractor,deficient subconsultant performance,or noncompliance by a
subcontractor. This provision applies to both DBE and non-DBE prime consultant and subconsultants. N
0
D. Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this v
section.
•L
5. DBE Records m
_
A. The Consultant shall maintain records of materials purchased and/or supplied from all subcontracts c
entered into with certified DBEs.The records shall show the name and business address of each DBE or 0
vendor and the total dollar amount actually paid each DBE or vendor,regardless of tier.The records shall >
show the date of payment and the total dollar figure paid to all firms.DBE prime consultants shall also
show the date of work performed by their own forces along with the corresponding dollar value of the
work. `y
B. Upon completion of the Agreement,a summary of these records shall be prepared and submitted on the
form entitled, "Final Report-Utilization of Disadvantaged Business Enterprise(DBE),First-Tier
Subcontractors,"CEM-2402F(Exhibit 17-F,Chapter 17,of the LAPM),certified correct by the
Consultant or the Consultant's authorized representative and shall be furnished to the Contract Manager w
with the final invoice.Failure to provide the summary of DBE payments with the final invoice will result 06
in 25%of the dollar value of the invoice being withheld from payment until the form is submitted.The CO
amount will be returned to the Consultant when a satisfactory"Final Report-Utilization of Disadvantaged
Business Enterprises(DBE), First-Tier Subcontractors"is submitted to the Contract Manager.
m
1) Prior to the fifteenth of each month,the Consultant shall submit documentation to the Agency's 0
Contract Manager showing the amount paid to DBE trucking companies.The Consultant shall also
obtain and submit documentation to the Agency's Contract Manager showing the amount paid by >
DBE trucking companies to all firms, including owner-operators,for the leasing of trucks. If the 2
DBE leases trucks from a non-DBE,the Consultant may count only the fee or commission the DBE a.
U.
receives as a result of the lease arrangement.
2)The Consultant shall also submit to the Agency's Contract Manager documentation showing the truck
_
number,name of owner,California Highway Patrol CA number, and if applicable,the DBE
certification number of the truck owner for all trucks used during that month.This documentation g
shall be submitted on the Caltrans"Monthly DBE Trucking Verification,CEM-2404(F)form Q
provided to the Consultant by the Agency's Contract Manager.
Page 10-55
LPP 09-02 July 31,2009
Packet Pg. 685
EXHBIT 10-J Local Assistance Procedures Manual
Standard Agreement for Subcontractor/DBE Participation
6. DBE Certification and Decertification Status
If a DBE subconsultant is decertified during the life of the Agreement,the decertified subconsultant shall
notify the Consultant in writing with the date of decertification. If a subconsultant becomes a certified DBE
during the life of the Agreement,the subconsultant shall notify the Consultant in writing with the date of
certification.Any changes should be reported to the Agency's Contract Manager within 30 days
Materials or supplies purchased from DBEs will count towards DBE credit,and if a DBE is also a UDBE, o
purchases will count towards the UDBE goal under the following conditions:
a�
A. If the materials or supplies are obtained from a DBE manufacturer, 100%of the cost of the materials or vh
supplies will count toward the DBE participation.A DBE manufacturer is a firm that operates or
maintains a factory or establishment that produces on the premises the materials,supplies,articles,or =
equipment required under the Agreement and of the general character described by the specifications.
B. If the materials or supplies purchased from a DBE regular dealer,count 60%of the cost of the materials or c0i
supplies toward DBE goals.A regular dealer is a firm that owns,operates or maintains a store, rn
warehouse,or other establishment in which the materials, supplies,articles or equipment of the general
L
character described by the specifications and required under the Agreement, are bought,kept in stock,and m
regularly sold or leased to the public in the usual course of business.To be a regular c
dealer,the firm must be an established,regular business that engages,as its principal business and under its
own name,in the purchase and sale or lease of the products in question.A person may be a regular dealer
in such bulk items as petroleum products,steel,cement,gravel,stone or asphalt without owning,
operating or maintaining a place of business provided in this section.
v
C. If the person both owns and operates distribution equipment for the products, any supplementing of regular
dealers' own distribution equipment, shall be by a long-term lease agreement and not an ad hoc or
Agreement-by-Agreement basis.Packagers,brokers,manufacturers' representatives,or other persons
who arrange or expedite transactions are not regular dealers within the meaning of this section. c
w
D. Materials or supplies purchased from a DBE,which is neither a manufacturer nor a regular dealer,will be N
limited to the entire amount of fees or commissions charged for assistance in the procurement of the a
materials and supplies,or fees or transportation charges for the delivery of materials or supplies required
on the job site, provided the fees are reasonable and not excessive as compared with fees charged for
L
similar services. m
c
0
(Add the following to contracts which require trucking)
For DBE trucking companies: credit for DBEs will count towards DBE credit,and if a DBE is also a g
UDBE,credit will count towards the UDBE goal under the following conditions: Ua
W
A. The DBE must be responsible for the management and supervision of the entire trucking operation for
which it is responsible.
.0
B. The DBE must itself own and operate at least one fully licensed,insured,and operational truck used on
the Agreement. Q
C. The DBE receives credit for the total value of the transportation services it provides on the Agreement
using trucks it owns,insures, and operates using drivers it employs.
Page 10-56
July 31,2009 LPP 09-02
Packet Pg.686
B.C.a
Local Assistance Procedures Manual EXHBIT 10-J
Standard Agreement for Subcontractor/DBE Participation
D. The DBE may lease trucks from another DBE firm including an owner-operator who is certified as a DBE.
The DBE who leases trucks from another DBE receives credit for the total value of the transportation
services the lessee DBE provides on the Agreement.
E. The DBE may also lease trucks from a non-DBE firm, including an owner-operator.The DBE who leases
trucks from a non-DBE is entitled to credit only for the fee or commission it receives as a result of the lease
arrangement.The DBE does not receive credit for the total value of the transportation services provided by
the lessee,since these services are not provided by the DBE. 2
as
F. For the purposes of this section,a lease must indicate that the DBE has exclusive use and control over the
truck.This does not preclude the leased truck from working for others during the term of the lease with the Cz
consent of the DBE,as long as the lease gives the DBE absolute priority for use of the leased truck.Leased N
trucks must display the name and identification number of the DBE. o
U
m
L
m
0
F
0
r
Q
c
0
W
06
CO
CL
d
a�
CO
C
0
c
L
d
G
a
W
o:
c
d
E
t
w
a
Page 10-57
LPP 09-02 July 31,2009
Packet Pg. 687
B.C.a
Local Assistance Procedures Manual EXHIB -
Local Agency Proposer UDBE Commitment(Consultant Contracts)
EXHIBIT 10-01 Local Agency Proposer UDBE Commitment(Consultant Contracts)
NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM
LOCAL AGENCY: LOCATION:
PROJECT DESCRIPTION:
PROPOSAL DATE: —
C
PROPOSER'S NAME:
v
CONTRACT UDBE GOAL(%):
WORK DESCRIPTION OR SERVICES TO BE UDBE CERT NO. NAME OF EACH UDBE(Must be PERCENT
ITEM NO. SUBCONTRACTED(or contracted if AND EXPIRATION certified at the time proposals are PARTICIPATION
the proposer is a UDBE) DATE due-include UDBE address and OF EACH UDBE to
hone number)
0
-- U
tD
AMML
W
0
........_........._._.........
_ - - r
g
v
For Local Agency to Complete:
Local Agency Proposal Number. Total Claimed UDBE �
Federal-Aid Project Number: Commitment o/p
to
Federal Share: W
06
Proposal Date: _ N
IL
a)
at
L
Signature of Proposer m
c
0
Local Agency certifies that the UDBE certifications have been verified and all L
information is complete and accurate/unless noted otherwise. Date Area Code)Tel.No. d
a
Person to Contact (Please Type or Print) LL
Print Name Signature Date
Local Agene Representative
0
E
(Area Code)Telephone Number: 0
Local Agency Proposer UDBE Commitment(Consultant Contracts) �
(Rev 6/27/09) r
a
Distribution: (1)Original-Local agency files
Pa e10-73
LPP 09-02 Packet Pg.688
8.C.a
EXHIBIT 10-01 Local Assistance Procedures Manua
Local Agency Proposer UDBE Commitment(Consultant Contracts)
INSTRUCTIONS—LOCAL AGENCY PROPOSER UDBE COMMITMENT
(CONSULTANT CONTRACTS)
ALL PROPOSERS:
PLEASE NOTE: It is the proposer's responsibility to verify that the UDBE(s)falls into one of the
following groups in order to count towards the UDBE contract goal: 1)African Americans;2)Asian-
2
Pacific Americans;3)Native Americans;4)Women.This information must be submitted with your
proposal.Failure to submit the required UDBE commitment will be grounds for finding the proposal
m
nonresponsive. m
c
ca
A"UDBE"is a firm meeting the definition of a DBE as specified in 49 CFR and is one of the following groups:
African Americans,Native Americans,Asian-Pacific Americans,or Women. c
U
The form requires specific information regarding the consultant contract:Local Agency,Location,Project
Description,Proposal Date,Proposer's Name,and Contract UDBE Goal.
m
The form has a column for the Work Item Number and Description or Services to be subcontracted to UDBEs(or c
performed if the proposer is a UDBE).The UDBE prime contractors shall indicate all work to be performed by
UDBEs including work to be performed by its own forces,if a UDBE.The UDBE shall provide a certification
number to the Consultant and notify the Consultant in writing with the date of decertification if their status should
change during the course of the contract.Enter UDBE prime consultant and subconsultant certification e,
numbers.The form has a column for the Names of certified UDBEs to perform the work(must be certified on the v
date proposals are due and include UDBE address and phone number).
There is a column for the percent participation of each UDBE.Enter the Total Claimed UDBE Participation
percentage of items of work submitted with proposal pursuant to the Special Provisions.(If 100%of item is not to
be performed or furnished by the UDBE,describe exact portion of time to be performed or furnished by the w
UDBE.)See"Notice to Proposers Disadvantaged Business Enterprise Information,"(Exhibit 10-1)to determine ch
how to count the participation of UDBE firms.Note: If the proposer has not met the contract goal,the local agency a
m
must evaluate the proposer's good faith efforts to meet the goal in order to be considered for award of the contract. .a
•L
Exhibit 10-01 must be signed and dated by the consultant submitting the proposal.Also list a phone number in ca
C
the space provided and print the name of the person to contact. °e
L
d
For the Successful Proposer only, local agencies should complete the Proposal Number,Federal-
aid Project Number,Federal Share,and Proposal Date fields and verify that all information is complete and a.
accurate before filing.
c
a�
E
s
R
Y
r
a
Page 10-74
July 31,2009 LPP 09-02
Packet Pg.689
8.C.a
Local Assistance Procedures Manual EXHIB -
Local Agency Proposer DBE Information(Consultant Contracts)
EXHIBIT 10-02 Local Agency Proposer DBE Information(Consultant Contracts)
NOTE: PLEASE REFER TO INSTRUCTIONS ON THE REVERSE SIDE OF THIS FORM
LOCAL AGENCY: LOCATION:
PROJECT DESCRIPTION:
TOTAL CONTRACT AMOUNT ($}: p
PROPOSER'S NAME: a�i
d
WORK DESCRIPTION OR SERVICES TO BE DBE CERT NO, NAME OF EACH DBE(Must DOLLAR AMOUN T OF =
ITEM NO. SUBCONTRACTED(or contracted if AND EXPIRATION be certified at the time proposals EACH DBE
the proposer is a DBE) DATE are due-include DBE address
and phone number) rn
C
O
d
rn
.a
m
O
O
c
L
``W
CCr
C
For Local Agency to Complete:
Total Claimed DBE
Local Agency Contract Number: Participation
Federal-Aid Project Number: % O
Federal Share:
to
Contarct Award: W
06
U)
IL
Local Agency certifies that the DBE certifications have been verified and all
informations is complete and accurate. C
m
Signature of Proposer c
O
c
y
Print Name Signature Date Date (Area Code) e. o. >
Local Agency Representative
(Area Code)Telephone Number: LLLL
For Caltrans Review: Person to Contact (Please Type or Print) W
c
d
E
�a
r
Print Name Signature Date Local Agency Proposer DBE Information(Consultant Conuarcts) Q
Caltrans District Local Assistance Engineer (Rev 627109)
Distribution: (1)Copy-Fax or scan a copy to the Caltrans District Local Assistance Engineer(DLAE) within 15 days after contract execution.
Failure to send a copy to the DLAE within 15 days after contract execution may result in deobligation of funds for this project.
(2) Original-Local agency files
C
Page 10-74a
LPP 09-02 Packet Pg.690
8.C.a
EXHIBIT 10-02 Local Assistance Procedures Manua
Local Agency Proposer DBE Information(Consultant Contracts)
E
INSTRUCTIONS -LOCAL AGENCY PROPOSER DBE INFORMATION
I (CONSULTANT CONTRACTS)
SUCCESSFUL PROPOSER:
The form requires specific information regarding the consultant or other contract:Local Agency,Location, _
Project Description,Total Contract Amount,Proposal Date,and successful Proposer's Name. 0
d
The form has a column for the Work Item Number and Description or Services to be Subcontracted to DBEs.The
cn
prime consultant shall indicate all work to be performed by DBEs including,if the prime consultant is a DBE,
work performed by its own forces,if a DBE.The DBE shall provide a certification number to the prime
consultant. Enter DBE prime consultant's and subconsultant's certification number.The form has a column for
the Names of DBE certified contractors to perform the work(must be certified on or before the proposals are due c
0
and include DBE address and phone number). v
m
rn
v
Enter the Total Claimed DBE Participation dollar amount of items of work in the total DBE Dollar Amount m
column.(If 100%of item is not to be performed by the DBE,describe exact portion of time to be performed by =
the DBE.) See"Notice to Proposers Disadvantaged Business Enterprise Information,"(Exhibit 10-I)to c
determine how to count the participation of DBE firms. j
Exhibit 10-02 must be signed and dated by the successful proposer at contract execution.Also list a phone
number in the space provided and print the name of the person to contact. o,
v
Local agencies should complete the Contract Number,Federal-aid Project Number,Federal Share,and
Contarct Award fields and verify that all information is complete and accurate before signing and sending a copy of
the form to the District Local Assistance Engineer within 15 days of contract execution.Failure to submit a
completed and accurate form within the 15-day time period may result in the deobligation of funds on this project.
w
District DBE Coordinator should verify that all information is complete and accurate.Once the a
information has been verified,the District Local Assistance Engineer signs and dates the form.
m
c
0
c
L
d
r.+
G
a.
LL
o_
a�
E
ca
a
Page 10-74b
July 31,2009 LPP 09-02
Packet Pg.691
8.0
Local Assistance Procedures Manual EXHIBIT 10-P
Noniobbying Certification for Federal-aid Contracts
f
I
Exhibit 10-P Nanlobbying Certification For Federal-Aid Contracts
REQUEST FOR PROPOSALS FOR MOUNT
VERNON BRIDGE REPLACMENT
E
PREPARATION OF PS&E BRLS-5033 (042)
F
2
U
The prospective participant certifies by signing and submitting this proposal/bid to the best of his or her m
knowledge and belief that: in
c
t (1) No federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any t°
person for influencing or attempting to influence an officer or employee of any federal agency,a Member c
of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection
with the awarding of any federal contract,the making of any federal grant,the making of any federal )
loan,the entering into of any cooperative agreement,and the extension,continuation,renewal,
amendment,or modification of any federal contract,grant,loan,or cooperative agreement. m
C
(2) If any funds other than federal appropriated funds have been paid or will be paid to any person for c°
influencing or attempting to influence an officer or employee of any federal agency,a Member of >
Congress,an officer or employee of Congress,or an employee of a Member of Congress in connection
r
with this federal contract,grant, loan,or cooperative agreement,the undersigned shall complete and
submit Standard Form-LLL, "Disclosure of Lobbying Activities," in accordance with its instructions. a,
ti
v
This certification is a material representation of fact upon which reliance was placed when this transaction was
made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction
imposed by Section 1352,Title 31, U.S.Code.Any person who fails to file the required certification shall be
subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure.
co
w
The prospective participant also agrees by submitting his/her proposal/bid that he/she shall require that the N
language of this certification be included in all lower-tier subcontracts which exceed$100,000 and that all such a
sub-recipients shall certify and disclose accordingly.
L
W
C
O
Date Signature
Firm Name ua-
o_
c
a�
Address
w
Q
City, State,Zip Code
Page 10-75
LPP 09-02 July 31,2009
Packet Pg. 692
8.C.a
Local Assistance Procedures Manual E
Disclosure of Lobbying Activities
Exhibit 10-Q Disclosure of Lobbying Activities
DISCLOSURE OF LOBBYING ACTIVITIES
COMPLETE THIS FORM TO DISCLOSE LOBBYING ACTIVITIES PURSUANT TO 31 U.S.C. 1352
1. Type of Federal Action: 2. Status of Federal Action: 3. Report Type:
a. contract ❑ a. bid/offer/application ❑ a. initial
b. grant b. initial award b. material change
c. cooperative agreement c. post-award =
d. loan For Material Change Only: 0
e. loan guarantee year quarter U
f. loan insurance date of last report
4. Name and Address of Reporting Entity 5. If Reporting Entity in No.4 is Subawardee,
Enter Name and Address of Prime:
R
Prime ❑Subawardee
Tier if known rn
c
0
Congressional District,if known Congressional District,if known U
m
6. Federal Department/Agency: 7. Federal Program Name/Description: 'o
CFDA Number,if applicable m
c
8. Federal Action Number,if known: 9. Award Amount,if known:
m
10. a. Name and Address of Lobby Entity b. Individuals Performing Services (including
(If individual,last name,first name,MI) address if different from No. 10a)
(last name,first name,MI) 0)
ti
et
(attach Continuation Sheet(s)if necessary)
11. Amount of Payment(check all that apply) 13. Type of Payment(check all that apply)
$ ❑ actual ❑planned a. retainer
b. one-time fee C
0
12. Form of Payment(check all that apply): c. commission W
a. cash d. contingent fee °d
8 to
b. in-kind;specify:nature a deferred a
Value ro f. other,specify
14. Brief Description of Services Performed or to be performed and Date(s)of Service,including m
officer(s),employee(s),or member(s)contacted,for Payment Indicated in Item 11: _
0
(attach Continuation Sheet(s)if necessary)
15. Continuation Sheet(s)attached: Yes ❑ No ❑ �
16. Information requested through this form is authorized by Title CL
31 U.S.C.Section 1352. This disclosure of lobbying reliance Signature: U.
was placed by the tier above when his transaction was made or W
entered into. This disclosure is required pursuant to 31 U.S.C. Print Name:
1352. This information will be reported to Congress y
semiannually and will be available for public inspection. Any Title;
E
person who fails to file the required disclosure shall be subject v
to a civil penalty of not less than$10,000 and not more than ca
$100,000 for each such failure. Telephone No.: Date: Q
Authorized for Local Reproduction
Federal Use Only: Standard Form-LLL
Siandad Form LLL Rev.04-28.06
C
Page 10-77
LPP 06-02 Packet Pg.693
8.C.a
EXHIBIT 10-Q Local Assistance Procedures Manua
Disclosure of Lobbvine Activities
INSTRUCTIONS FOR COMPLETION OF SF-LLL,
DISCLOSURE OF LOBBYING ACTIVITIES
This disclosure form shall be completed by the reporting entity,whether subawardee or prime federal recipient at the initiation or receipt of
covered federal action or a material change to previous filing pursuant to title 31 U.S.C.Section 1352. The filing of a form is required for
such payment or agreement to make payment to lobbying entity for influencing or attempting to influence an officer or employee of any
agency,a Member of Congress an officer or employee of Congress or an employee of a Member of Congress in connection with a covered
federal action. Attach a continuation sheet for additional information if the space on the form is inadequate. Complete all items that apply _E 0
for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Z.
v
Budget for additional information. 2
rn
1. Identify the type of covered federal action for which lobbying activity is and/or has been secured to influence,the outcome of a c
covered federal action.
2. Identify the status of the covered federal action.
3. Identify the appropriate classification of this report. If this is a follow-up report caused by a material change to the information 0
previously reported,enter the year and quarter in which the change occurred. Enter the date of the last,previously submitted
report by this reporting entity for this covered federal action.
4. Enter the full name,address,city,state and zip code of the reporting entity. Include Congressional District if known. Check the m
appropriate classification of the reporting entity that designates if it is or expects to be a prime or suba%vard recipient. Identify the
tier of the subawardee,e.g.,the first subawardee of the prime is the first tier. Subawards include but are not limited to 0
c
subcontracts,subgrants and contract awards under grants.
5. If the organization filing the report in Item 4. checks"Subawardee"then enter the full name,address,city,State and zip code of >
the prime federal recipient. Include Congressional District,if known.
6. Enter the name of the federal agency making the award or loan commitment. Include at least one organization level below
agency name,if known. For example,Department of Transportation,United States Coast Guard.
7. Enter the federal program name or description for the covered federal action(item 1). If known,enter the full Catalog of Federal
Domestic Assistance(CFDA)number for grants,cooperative agreements,loans and loan commitments. �S
8. Enter the most appropriate federal identifying number available for the federal action identification in item 1 (e.g.,Request for
Proposal(RFP)number,Invitation for Bid(IFB)number,grant announcement number,the contract grant.or loan award number,
the application/proposal control number assigned by the federal agency). Include prefixes,e.g.,"RFP-DE-90-001. W
9. For a covered federal action where there has been an award or loan commitment by the Federal agency,enter the federal amount Cn
of the award/loan commitments for the prime entity identified in item 4 or 5. a
a�
10. (a)Enter the full name,address,city,state and zip code of the lobbying entity engaged by the reporting entity identified in Item
4.to influenced the covered federal action.
(b)Enter the full names of the individual(s)performing services and include full address if different from 10(a). Enter Last m
Name,First Name and Middle Initial(MI). 0
c
11. Enter the amount of compensation paid or reasonably expected to be paid by the reporting entity(Item 4)to the lobbying entity m
(Item 10). Indicate whether the payment has been made(actual)or will be made(planned). Check all boxes that apply. If this is >
a material change report,enter the cumulative amount of payment made or planned to be made. g
12. Check the appropriate box(es). Check all boxes that apply. If payment is made through an in-kind contribution,specify the a
LL
nature and value of the in-kind payment.
13. Check the appropriate box(es). Check all boxes that apply. If other,specify nature. w
14.Provide a specific and detailed description of the services that the lobbyist has performed or will be expected to perform and the t
date(s)of any services rendered. Include all preparatory and related activity not just time spent in actual contact with federal
officials. Identify the federal officer(s)or employee(s)contacted or the officer(s)employee(s)or Member(s)of Congress that
were contacted. Q
15. Check whether or not a continuation sheets)is attached.
16. The certifying official shall sign and date the form,print his/her name title and telephone number.
Public reporting burden for this collection of information is estimated to average 30-minutes per response,including time for reviewing
instruction,searching existing data sources,gathering and maintaining the data needed,and completing and reviewing the collection of
information. Send comments regarding the burden estimate or any other aspect of this collection of information,including suggestions for
reducing this burden,to the Office of Management and Budget,Paperwork Reduction Project(0348-0046),Washington,D.C.20503.
SF-LLL-Instructions Rev.06-04-90«ENDIF»
Page 10-78
May 1,2006 L Packet Pg.694
$.C.a
Local Assistance Procedures Manual Exhivit 1541
UDBE Information-Good Faith Effort
EXHIBIT 15-H UDBE INFORMATION- GOOD FAITH EFFORTS
REQUEST FOR PROPOSALS FOR MOUNT VERNON BRIDGE REPLACEMENT PS&E
PROPOSER'S FIRM NAME
Federal-aid Project No. BRLS-5033 (042) Bid Opening Date
The City of San Bernardino established an Underutilized Disadvantaged Business Enterprise o
(UDBE)goal 3.30% for this project.The information provided herein shows that a good faith effort u
was made. d
The highest,second highest and third highest rated Proposers should submit the following information to document
adequate good faith efforts.Proposers should submit the following information even if the"Local Agency
Proposer UDBE Commitment"form indicates that the Proposer has met the UDBE goal.This will protect the o
Proposer's eligibility for award of the contract if the administering agency determines that the Proposer failed to v
meet the goal for various reasons,e.g.,a UDBE firm was not certified at bid opening,or the UDBE firm was
unable or unwilling to perform the work. °
m`
Submittal of only the"Local Agency Proposer UDBE Commitment"form may not provide o
E sufficient documentation to demonstrate that adequate good faith efforts were made.If Good Faith m
efforts documentation is not submitted with the Proposal,it must be received by the City no >
later than 4:00 p.m.on the 4"`business day following the day that Proposals are received.
f
The following items are listed in the Section entitled"Submission of UDBE Commitment"of the Special
10 Provisions: v
A. The names and dates of each publication in which a request for UDBE participation for this
project was placed by the Proposer (please attach copies of advertisements or proofs of =
publication):
w
06
Publications Dates of Advertisement a
a�
L
m
_
O
B. The names and dates of written notices sent to certified UDBEs soliciting bids for this project
and the dates and methods used for following up initial solicitations to determine with certainty
whether the UDBEs were interested(please attach copies of solicitations,telephone records, fax a
confirmations, etc.): 'L
o!
Names of UDBEs Solicited Date of Initial Follow Up Methods and Dates
Solicitation
M
a
LPP 09-02 Packet Pg.695
. .a
Exhibit 15-H Local Assistance Procedures Manu 8
UDBE Information-Good Faith Effort
C. The items of work which the Proposer made available to UDBE firms including,where
0 appropriate, any breaking down of the contract work items (including those items normally
performed by the Proposer with its own forces)into economically feasible units to facilitate
UDBE participation. It is the Proposer's responsibility to demonstrate that sufficient work to
facilitate UDBE participation was made available to UDBE firms.
Items of Work Proposer Normally Breakdown of Amount Percentage
Performs Item Items M of Contract
(YIN)
d
a�
U)
_
w
D. The names, addresses and phone numbers of rejected UDBE firms,the reasons for the Proposer's 0
rejection of the UDBEs,the firms selected for that work(please attach copies of quotes from the
firms involved), and the price difference for each UDBE if the selected firm is not a UDBE: -o
m
1 Names, addresses and phone numbers of rejected UDBEs and the reasons for the o
Proposer's rejection of the UDBEs:
f, Y
i
r
If Names, addresses and phone numbers of firms selected for the work above: �
o:
f
I W
06
a
as
f �
L
m
E. Efforts made to assist interested UDBEs in obtaining bonding, lines of credit or insurance, and o
any technical assistance or information related to the plans, specifications and requirements for L
the work which was provided to UDBEs: >
w
a
LL
a:
c
m
E
ca
a
f
I
I
k
I
4 Page 15-34
July 31,2009 L Packet Pg.696
Local Assistance Procedures Manual Exh 8.C.a
UDBE Information-Good Faith Effort
F. Efforts made to assist interested UDBEs in obtaining necessary equipment, supplies,materials or
related assistance or services, excluding supplies and equipment the UDBE subcontractor
purchases or leases from the prime contractor or its affiliate:
c
0
I �
m
W
G. The names of agencies, organizations or groups contacted to provide assistance in contacting,
recruiting and using UDBE firms (please attach copies of requests to agencies and any responses
received, i.e., lists, Internet page download, etc.):
0
U
Name of Agency/Organization Method/Date of Contact Results
m
C
0
c
H. Any additional data to support a demonstration of good faith efforts (use additional sheets if >
necessary):
o�
ti
I �
NOTE: USE ADDITIONAL SHEETS OF PAPER IF NECESSARY.
c
W
06
m
a
m
t a�
C AMML
W
f �
{ C
i
N
rr
a
U-
o:
c
a�
I E
U
r
Q
Page 15-34a
LPP 09-02 Packet Pg.697
Y
CITY OF SAN BERNARDINO Nadeem Majaj P.E.-DIRECT(
PUBLIC WORKS DEPARTMENT 300 North `D"Street
San Bernardino,CA 92418-0001
909.384.5140
c
►SaB BQ=ffino
U
d
ADDENDUM NO. ONE
TO REQUEST FOR PROPOSAL
TO PROVIDE _
CONSULTANT SERVICES FOR
PLANS, SPECIFICATIONS,AND ESTIMATES (PS&E)AND RIGHT-OF-WAY
ACQUISITION
FOR
MOUNT VERNON AVENUE OVERHEAD REPLACEMENT PROJECT c
BRIDGE NO. 54C-0066
CIP PROJECT NO. SSO4-012
FEDERAL AID PROJECT NO. BRLS-5033 (042)
a�
1. The PROPOSAL DUE DATE is changed from Tuesday, October 11, 2011 at 4:00
P.M. to TUESDAY, OCTOBER 252011, at 4:00 P.M. M
M
O
lC!
2. In Section LON of the Request for Proposals, the UDBE contract goal for this project U)
is indicated as 9.77%, however, Exhibit 15-H indicates a goal of 3.3%. The m
UDBE/DBE goals for this project are being recalculated and it is anticipated m
E that revised goal (s) will be made available to Proposers by September 29, 2011.
f Copies of Exhibits 10-I, 10-01 and 15-H with the goal left blank are attached
and replace the previous version of these exhibits. The Proposer shall fill in the
blanks prior to submittal. 6
z
3. In Section LOB the sentence which reads "The envelope shall arrive sealed and be
addressed as shown above, bearing the Proposer's name and address and clearly
marked as follows:" is hereby changed to read "Six copies of the Proposal Package a
shall arrive in sealed wrapping and be addressed as shown above, bearing the
Proposer's name and address and clearly marked as follows:". E
4. The question was asked if there is a page limitation to the submittal. There is no a
limit on the number of pages. Proposer's are encouraged to provide concise,
but complete information in their proposal which is clearly relevant to the
project at hand.
ADDENDUM NO.ONE
PAGE I of 2
MT VERNON AVENUE OVERHEAD REPLACEMENT BRLS-5033(042)
SEPMM13
Packet Pg.698
B.C.b
5. Copies of "As Built" Plans of the existing bridge have been requested. High
resolution and low resolution versions of the "As Built" Plans are currently
posted at the City's web site in a folder named "Mt Vernon Bridge 1933 Plans".
Please note that Sheets 39 and 41 — 45 are missing from the high resolution set
and are not available. They appear to be included in the low resolution set, but
the sheet numbering is not consistent. 0
6. Copies of the current shoring plans have been requested. These plans have been �n
posted on the City's web site in a folder entitled "Mt Vernon Bridge Shoring
Plans". N
0
7. Copies of the latest bridge inspection reports for the Mt. Vernon Bridge have been
requested. The latest reports have been posted on the City's web site in a folder m
entitled "Mt Vernon Bridge Inspection Reports". o
F
L
The above noted documents and a copy of this Addendum have been posted on the >
City's web site at
ti
jhttp•/lwww.ci.san-bemardino.ca.us/services/regucst for bids/public works
N
If you have questions regarding this Addendum or concerning the RFP, please contact Mike M
Grubbs at(909) 384-5179 or e-mail at grubbs_mi @sbcity.org.
Cn
J
r ALL PROPOSERS ARE REQUIRED TO INDICATE RECEIPT OF THIS m
4 ADDENDUM NO. ONE IN THE "PROPOSER'S CERTIFICATION AND m
ACKNOWLEDGMENT OF ADDENDA FOR MOUNT VERNON AVENUE
OVERHEAD REPLACEMENT PROJECT CIP PROJECT NO. SSO4-012 (BR. 54C0066)". >
6
z
E
BY: DATE:
Robert Eisenbeisz
City Engineer Q
w
E
a
I
i
i
ADDENDUM NO.ONE
PAGE 2 of 2
MT VERNON AVENUE OVERHEAD REPLACEMENT BRLS-5033(042)
SEPTEMB
Packet Pg.699'
CITY OF SAN BERNARDINO Nadeem Majaj P.E.-DiREcTi
PUBLIC WORKS DEPARTMENT 300 North 'E)"Street
San Bernardino, CA 92418-0001
909.384.5140
c
2
Mn B0rnar 1110
ADDENDUM NO. TWO
_
TO REQUEST FOR PROPOSAL w
TO PROVIDE N
CONSULTANT SERVICES FOR o
PLANS, SPECIFICATIONS,AND ESTIMATES (PS&E) AND RIGHT-OF-WAY
ACQUISITION
FOR m`
MOUNT VERNON AVENUE OVERHEAD REPLACEMENT PROJECT o
BRIDGE NO. 54C-0066 a
CIP PROJECT NO. SSO4-012 >
w
FEDERAL AID PROJECT NO. BRLS-5033 (042)
a�
PROPOSAL DUE DATE: OCTOBER 25,2011 r
N
1. The Proposers attention is directed to Section LON of the Request for Proposal o
regarding the goals for the Underutilized Disadvantaged Business Enterprise o
(UDBE). Disadvantaged Business Enterprise consists of race-conscious v
Underutilized Disadvantaged Business Enterprise and race-neutral Disadvantaged m
Business Enterprise (UDBE/DBE). Participation of UDBE/DBE in this Project is
required in accordance with Caltrans' Local Agency Procedures Manual (LAPM).
m
The combined goal for UDBE/DBE participation in this Project is hereby F
established as 4.49%. This combined goal consists of 2.72% race-conscious >
UDBE and 1.77% race-neutral DBE participation. The City may consider the 5
UDBE commitments of the 2°d and 3�d Proposers when determining whether the z°
top Proposer made a good faith effort to meet the UDBE goal. E
_
2. Question: "How many copies of the Good Faith Effort document is required to be M
submitted?" Response: One copy of the Good Faith Effort shall be submitted a
with the Proposal.
E
s
3. Question: "Are the Proposers required to attach qualification packets that are Y
received from the UDBE outreach?" Response: Yes. a
4. Question: On Exhibit 15-H, Section D, the form asks for copies of quotes and price
differences from the firms not selected. Is this item mandatory to the Good Faith
ADDENDUM NO.TWO
PAGE 1 of 2
MT VERNON AVENUE OVERHEAD REPLACEMENT BRLS-5033(042)
SEPTEMB
Packet Pg. 700
Effort?" Response: Yes, all sections of Exhibit 15-H must be fully and
accurately completed.
A copy of this Addendum have been posted on the City's web site at
htip://www.ci.san-bemardino.ca.us/services/request for bids/public works
If you have questions regarding this Addendum or concerning the RFP, please contact Mike
Grubbs at(909) 384-5179 or e-mail at grubbs_mi @sbcity.org.
N
C
ALL PROPOSERS ARE REQUIRED TO INDICATE RECEIPT OF THIS v
ADDENDUM NO. TWO IN THE "PROPOSER'S CERTIFICATION AND
ACKNOWLEDGMENT OF ADDENDA FOR MOUNT VERNON AVENUE m
OVERHEAD REPLACEMENT PROJECT CIP PROJECT NO. SSO4-012 (BR. 54C0066)".
L
+C+
G
BY: DATE: ; s —
Robe�,ngineer
Eisenbeisz N
City
0
0 M
M
O
U2
N
J
Of
m
d
L
m
O
C
L
d
c+
G
N
O
Z
E
O
C
d
CD
a
E
a
NP
ADDENDUM NO.TWO
PAGE 2 of 2
MT VERNON AVENUE OVERHEAD REPLACEMENT BRLS-5033(042)
SEPTF.MB
Packet Pg.70 1
I�
CITY OF SAN BERNARDINO Nadeem Majaj P.E.-DIRECT(
PUBLIC WORKS DEPARTMENT 300 North "D"Street
San Bernardino,CA 92418-0001
909.384.5140
c
2
o eer inn
ADDENDUM NO. THREE
TO REQUEST FOR PROPOSAL w
TO PROVIDE y
CONSULTANT SERVICES FOR o
PLANS,SPECIFICATIONS,AND ESTIMATES (PS&E) AND RIGHT-OF-WAY
a�
ACQUISITION
FOR m`
MOUNT VERNON AVENUE OVERHEAD REPLACEMENT PROJECT o
BRIDGE NO. 54C-0066 E
CIP PROJECT NO. SSO4-012 >
FEDERAL AID PROJECT NO. BRLS-5033 (042)
rn
PROPOSAL DUE DATE: OCTOBER 25,2011 r
N
1. Section 1.0D2c is hereby modified to change the due date for questions from o
September 29, 2011 to Thursday, October 13, 2011. The City will attempt to 0
respond to all questions by close of business on October 19, 2011. Responses to v
questions will be shared with all Consultants who have received copies of the RFP. m
Please note that the City may not be able to respond to questions submitted less than
one week prior to the Proposal due date.
m
2. Proposer Question: "Is the suggestion to submit a good faith effort with the proposal
a guideline, left to our discretion, or is it a requirement?" Response: Please refer to >
r
the attached Caltrans Office Bulletin entitled "Evaluating and Submitting Good
M
Faith Efforts". Submittal of Exhibit 15-H is not required if the Proposer meets z°
the UDBE Goal; however, please note that Caltrans recommends that Exhibit E
15-H be submitted in case errors are found in the Exhibit 10-01 "Local Agency
Proposer Commitment (Consultant Contracts)". Please refer to Chapters 9 and
10 of the Caltrans Local Assistance Procedures Manual for additional a
information.
E
t
3. Proposer Question: "Does the City have a recent topographic map showing contours
in the vicinity of the bridge." Response: No, however, the terrain is relatively flat a
in the vicinity of the bridge and the USGS San Bernardino South Quad map
should suffice for preparation of Proposals.
ADDENDUM NO.THREE
PACE 1 of 2
MT VERNON AVENUE OVERHEAD REPLACEMENT BRLS-5033(042)
OCTOB
Packet Pg.702
A copy of this Addendum have been posted on the City's web site at
htU2://www.ci.san-bemardino.ca.us/services/request for bids/ ublic works
If you have questions regarding this Addendum or concerning the RFP, please contact Mike
Grubbs at(909) 384-5179 or e-mail at grubbs_mi @sbcity.org.
ALL PROPOSERS ARE REQUIRED TO INDICATE RECEIPT OF THIS
ADDENDUM NO. THREE IN THE "PROPOSER'S CERTIFICATION AND
ACKNOWLEDGMENT OF ADDENDA FOR MOUNT VERNON AVENUE
OVERHEAD REPLACEMENT PROJECT CIP PROJECT NO. SSO4-012 (BR. 54C0066)". v
AML
f L
BY.• RE DATE: /04 ?
Robert Eisenbeisz
City Engineer
rn
T
N
O
M
M
O
6f�
U)
J
W
m
O
O
�L
m
0
F
L
Y
M
O
Z
E
C
Q
r-�
C
d
E
t
U
R
Q
ADDENDUM NO,THREE
PAGE 2 of 2
MT VERNON AVENUE OVERHEAD REPLACEMENT BRLS-5033(042)
OCTOB
Packet Pg.703
8.C.
Division of Local Assistance-Office Bulletin DLA-OB 11-04—Evaluating and Submitting Good f
= Faith Efforts
Office of Policy Development and Quality Assurance Issued—March 15,2011
Expires—upon issuance of the LPP
Evaluating and Submitting Good Faith Efforts
c
I. BACKGROUND g
U
In accordance with Chapter 9,"Civil Rights and Disadvantaged Business Enterprise,"of the
Local Assistance Procedures Manual(LAPM),a Good Faith Effort(GFE)is required by a bidder
(for the purpose of this policy,a bidder also refers to a proposer for consultant contracts)on a
U.S.Department of Transportation assisted contract to meet the Underutilized Disadvantaged
Business Enterprise(UDBE)contract goal. In the event the bidder does not meet the UDBE c
contract goal,the bidder must provide documentation in support of their adequate good faith U
efforts. The following are steps,although not exclusive or exhaustive,that a bidder should take
and document in order to be awarded a contract on the basis of a GFE by a local agency:
i
m
• Solicit through all reasonable and available means the interest of all certified UDBE• o
firms in the market area that are capable of performing the contract work.
L
• Provide sufficient time for the UDBE to respond to the solicitation and takes appropriate j
steps to follow up the initial solicitation to the UDBE.
• Select portions of the work to be performed by the UDBE, increasing the likelihood that
the UDBE goal will be met.
• Provide interested UDBEs with information about the contract in a timely manner and `t
assists them in responding to a solicitation. N
• Negotiate in good faith with interested UDBEs. o
• Not rejecting a UDBE as being unqualified without good reason. M
• Assist UDBEs in obtaining bonding and lines of credit or insurance.
• Assist interested UDBEs in obtaining equipment,supplies,materials or related assistance U)
or services. W
m
• Use services of minority or women community organizations or groups. 0)
a�
These steps are typically documented by the bidder on LAPM Exhibit 15-H,"UDBE Information m
—Good Faith Efforts,"which is to be included in the bid package. This information is used by =
the local agency to determine if the GFE was adequate or not prior to awarding the contract. c°
F
a)
The National Review Team(NRT)Summary Report on the American Recovery&Reinvestment >
Act for California,dated February 2,2010,contained the following two recommendations:
M
#1 "The California Division (of the Federal Highway Administration)should encourage z
Caltrans (including its subrecipients)to consider the top three low bidders in the good E
faith effort process.
#S "Caltrans should develop and disseminate specific guidelines and/or procedures to aa)
LPAs (Local Public Agencies) on reviewing and evaluating good faith efforts and -"a
monitor its implementation." Q
c
II. POLICY
t
For projects awarded on or after May 1,2011, local agencies must prepare and submit with the
award package an Evaluation of Good Faith Effort Memorandum(see sample Memorandum Q
attached)that cites reasons as to why the GFE is adequate or not. In addition,the LAPM Exhibit
15-H,without supporting documentation,should be included in the award package. Note that
Exhibit 15-H and the Evaluation of Good Faith Effort Memorandum need not be submitted with
Page 1 oft
Filename: Evaluating and Submitting Good Faith Efforts 3-15-11 Prepared by:Hwclls
Packet Pg. 704
I
MW
Division of Local Assistance-Office Bulletin DLA-OB 11-04—Evaluating and Submitting Good
Faith Efforts OF Office of Policy Development and Quality Assurance Issued—March 15,2011
the award package,if the Low Bidder has met the UDBE goal. However,bidders should be
encouraged to submit Exhibit 15-H with their bid package,even if they believe they have met the
UDBE goal,in case errors are found in the 15-G1,"UDBE Commitment,"by the local agency.
In determining whether a bidder has made good faith efforts, in accordance with Chapter 9.9, o
"Good Faith Efforts,"of the LAPM,the local agency may take into account the performance of U
other bidders in meeting the contract. For example,when the apparent successful bidder fails to a)
meet the UDBE contract goal,but others meet it,you may reasonably raise the question of N
whether,with additional reasonable efforts,the apparent successful bidder could have met the
goal. If the apparent successful bidder fails to meet the goal,but meets or exceeds the average
UDBE participation obtained by other bidders,you may view this,in conjunction with other c
factors,as evidence of the apparent successful bidder having made good faith efforts. v
CD
III. PROCEDURE i3
m
The local agency will evaluate GFEs considering the commitment of the second and third bidders
and ensure that the following is included in the contract special provisions: °c
F
0
The Agency may consider the UDBE commitments of the 2nd and 3rd bidders when determining >
whether the low bidder made good faith efforts to meet the UDBE goal.
rn
ti
il.htm cv
0
For projects awarded:on or after May 1,2011,the local agency will be required to include the co
Exhibit 15-H,and an Evaluation of Good Faith Effort Memorandum(Attachment A),in the CD
award package for all projects that are awarded on the basis of a GFE. The District Local J
Assistance Engineer will review the award package to ensure the GFE,Exhibit 15-H,and an 0�
Evaluation of Good Faith Effort Memorandum(Attachment A)are included. co
a>
as
IV. APPLICABILITY/IMPACTS
m
This Office Bulletin applies to all federal-aid local assistance transportation projects. o
E
m
Original Signed By
Recommended:_ 3/15/2011
M
He r Date o
z
Original Signed By
Approved: 3/15/2011 c
Mohsen Sultan,Chief "o
Office of Policy Development and Quality Assurance Date Q
m
E
U
r
Q
Attachment: Sample Evaluation of Good Faith Effort Memorandum
Page 2 of 2
Filename: Evaluating and Submitting Good Faith Efforts 3-15-11 Prepared by:HWells
Packet Pg. 705