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ORiGINAL
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
From:
Dept:
Valerie C. Ross, Director
Development Services
Subject: Resolution approving a Professional
Services Agreement with IB1 Group for preparation of
the 1-210 Corridor Enhancement Plan.
Date:
October 23, 2006
MCC Date: November 6, 2006
Synopsis of Previous Council Action:
10/11104 Mayor and Council adopted Resolution 2004-325, authorizing application for Community-
Based Transportation Planning funds from Caltrans for the 1-210 Corridor Enhancement
Plan, and authorizing execution of a Caltrans Fund Transfer Agreement by the Mayor.
Recommended Motion:
Adopt Resolution
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Valerie C. Ross
Contact person: Terri Rahhal. Citv Planner
Phone: 384-5057
Supporting data attached: StaffReoort
Ward(s): 6,7.4
FUNDING REQUIREMENTS: Amount:
$249.375.00
Source: Acc!. No. 001-190-5502: $11.875.00
(Professional/Contractual Services)
FTA74A0207: $237.500
(Caltrans Fund Transfer Agreement)
Finance:
Council Notes:
KGS'O
c:ioCJ~ - 390
Agenda Item No. ~
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
SUBJECT: Resolution approving a Professional Services Agreement with IBI Group for
preparation of the 1-210 Corridor Enhancement Plan.
BACKGROUND:
On October II. 2004 the Mayor and Common Council adopted Resolution 2004 - 325, authorizing
staff to apply for Community-Based Transportation Planning grant funding from Caltrans for a
proposal to prepare the 1-210 Corridor Enhancement Plan. Resolution 2004 - 325 also authorized the
Mayor to execute a Fund Transfer Agreement with Caltrans, should the grant funding be awarded.
Caltrans funded the 1-210 Corridor Enhancement Plan with an Environmental Justice Planning Grant
in the amount of$237,500.00. A 10% local match is required, Yz of which may be contributed as in-
kind services. The remaining 5% of the grant total, $11,875.00 is required as a cash contribution
from the City. The Mayor executed Caltrans Fund Transfer Agreement No. 74A0207 on June I,
2006 for the work program approved by Caltrans, which includes preparation of strategies for
economic development, neighborhood revitalization, freeway screening, noise attenuation and multi-
modal mobility in the 1-210 Corridor. The purpose of the plan is to capitalize on opportunities and
minimize negative impacts of the new freeway construction, as well as its connection to the existing'
Cross-town Freeway (State Rte. 30).
On August II. 2006 staff distributed a Request for.Proposals (RFP) for consultant services to prepare
the 1-2 I 0 Corridor Enhancement Plan. IBI Group submitted the only responsive and complete
proposal. Arroyo Valley Economic Development Corporation (Arroyo Valley) also submitted a
proposal which was incomplete. Although incornplete, the Arroyo Valley proposal offered local
knowledge and insights vital to the public outreach component ofthe planning process. Fortunately,
IBI and Arroyo Valley have agreed to collaborate, with Arroyo Valley working as a subcontractor
under the proposed Agreement with IBL
The Agreement (Attachment A tq the Resolution) provides for all services required under the Scope
of Services approved by Caltrans for the use of Environmental Justice planning grant funds to
prepare the 1-210 Corridor Enhancement Plan. Under the terms of the Agreement with Caltrans, all
project activities must be completed by February 28,2007. The IBI scope of work and schedule,
detailed in Attachment A-I to the Agreement conforms to the required timeframe with an aggressive
implementation plan and schedule of deliverables. A Purchase Order in the amount of$246,585.00 is
proposed to fund the Agreement with IBI Group. As a subcontractor on the project, Arroyo Valley
Economic Development Corporation will have a significant role in public outreach and community
involvement in the planning process. Arroyo Valley's portion of the project budget, attached to the
Agreement as Attachment A-I, is $34,045.00; which is approximately 14% of the totaL
.
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FINANCIAL IMPACT
The City will be responsible for paying IB) for services rendered, and will bill Caltrans for
reimbursement up to the total grant amount of$237,500.00. The cash portion of the required
local match, $11,875.00, is available in the Development Services Department budget for
professional contractual services. The total funding requirement is $249,375.00, which includes
the grant funding and the local match required to for the City to receive the full amount of the
grant. This funding total will cover the Purchase Order for the ill) Group Agreement in the
amount of$246,585.00, with a remainder of$2,790.00 that will be used to cover direct expenses
paid by the City, such as advertising and printing/copy costs.
RECOMMENDATION
Staff recommends that the Mayor and Common Council adopt the resolution approving a
Professional Services Agreement between the City of San Bernardino and ill) Group to prepare the
1-210 Corridor Enhancement Plan.
EXHIBITS: Resolution
Exhibit "A" Agreement for Services
Exhibit "B" Caltrans Fund Transfer Agreement No. 74A0207
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RESOLUTION NO.
RESOLUTION OF THE MAYOR AND COMMON COUl'iCIL OF THE CITY OF SA:-J
BER,'\'ARDINO APPROVING AN AGREEMENT FOR SERVICES WITH IBI GROUP
FOR THE PROVISION OF PROFESSIONAL CONSULTING SERVICES FOR
PRE PARA nON OF THE 1-210 CORRIDOR ENHANCEMENT PLAN.
WHEREAS, the City of San Bernardino has entered into a Fund Transfer Agreement
(FT A No. 74A0207) with the State of California Department of Transportation to receive an
Environmental Justice Planning Grant for preparation of the 1-21 0 Corridor Enhancement
Plan; and
WHEREAS, the City of San Bernardino issued a Request for Proposals (RFP) for
professional consulting services to prepare the 1-210 Corridor Enhancement Plan; and
WHEREAS, the City of San Bernardino evaluated proposals submitted in response to
the RFP and found the proposal submitted by IBI group to be complete and responsive to the
requirements stated in the RFP;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON
COUNCIL OF THE CITY OF SAN BERJ.'\'ARDINO AS FOLLOWS:
SECTION I. IBI Group is competent, experienced, and qualified to perform said
services, based upon the Statement of Qualifications submitted to the City, and upon previous
consulting experience with the City. Pursuant to this determination, the Purchasing Manager is
hereby authorized and directed to issue a Purchase Order to IBI Group in the amount of
$246,585.00 for professional services required to prepare the 1-210 Corridor Enhancement
Plan. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on
behalf of the City an Agreement for professional consulting services; a copy of which is
attached hereto, marked Exhibit "A" and incorporated herein by reference as though fully set
forth at length.
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RESOLl'TION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AN AGREEMENT FOR SERVICES WITH IBI GROUP
FOR THE PROVISION OF PROFESSIONAL CONSULTING SERVICES FOR
PREPARATION OF THE 1-210 CORRIDOR ENHANCEMENT PLAN.
SECTION 2. The authorization to execute the above referenced Purchase Order and
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Agreement is rescinded if they are not signed and issued within sixty (60) days of the passage
of this resolution.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO APPROVING AN AGREEME],;T FOR SERVICES WITH IBI GROUP
FOR THE PROVISION OF PROFESSIONAL CONSULTING SERVICES FOR
PREPAR-\TION OF THE 1-2]0 CORRIDOR ENHANCEMENT PLAN.
I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor
and Common Council of the City of San Bemardino at a meeting thereof, held on the
_ day of
, 2006, by the following vote, to wit:
8 Council Members:
ABSTAIN ABSENT
AYES
NAYS
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ESTRADA
BAXTER
VACANT
DERRY
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"IC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
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2006.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to
Form:
JAMES F. PENMAN,
~::At)1r;/~
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Exhibit A
AGREEMEl'IT FOR CO,,"SUL T1l'1G SERVICES
THIS AGREE"vIENT is made and entered into this sixth day ofl\'ovember, 2006
("Effective Date"), by and between the CITY OF SAN BERNARDINO, a charter city
("City"), and IBI Group ("Consultant").
WITNESSETH:
A. WHEREAS, City proposes to have Consultant perfonn the consulting services
described herem below; and
B. WHEREAS, Consultant represents that it has that degree of specialized expertise
stated in the Scope of Services, and holds all necessary licenses to practice and perfOlm
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. \VHEREAS, no official or employee of City has a financial interest, within the
provisions of Califol11ia Gov'el11ment Code, Sections 1090-1092, in the subject matter of
this Agreement.
NOW, THEREFORE, for and in consideration of the mutual covenants and
conditions contained herein, the parties hereby agree as follows:
1.0, SERVICES PROVIDED BY CONSULTANT
1.1. Scone of Services. Contractor shall fUl11ish consulting services to City
regarding preparation of the 1-21 0 Corridor Enhancement Plan in accordance with
Attachment A-I, Scope of Services, attached and incorporated herein,
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 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 perfonnance of this
Agreement.
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1.3. Warrantv. Consultant warrants that it shall perform the services required
by this Agreement in compliance \\ ith all applicable Federal and California employment
I~i\\ s incluJlIlg. but not limited to. those laws related to minimum hours and wages:
occupational health and safety; fair employment and employment practices; workers'
cumpensation 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 and hold harmless City from and against all claims, demands,
payments, suits, actions, proceedings, and Judgments of every nature and description
mcluding attorneys' fees and costs, presented, brought, or recovered against City for, or
on account of any liability under any of the above-mentioned laws, which may be
incurred by reason of Consultant's performance under this Agreement.
1.4. Non-discrimination. [n performing this Agreement, Consultant shall not
engage in. nor pennit its agents to engage in, discrimination in employment of persons
because of their race, religion, color, national origin, ancestry, age, physical handicap,
medical condition. marital status, sexual gender or sexual orientation, or any other
category 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 Code. Section 1735.
1.5 Non-Exclusive Agreement. Consultant acknowledges that City may enter
into agreements with other consultants for services similar to the services that are subject
to tillS Agreement or may have its own employees perform services similar to those
sen'ices 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 written consent of City. ConsultaIit may engage a subcontractor(s) as permitted
by law and may employ other personnel to perform services contemplated by this
Agreement at Consultant's sole cost and expense.
1.7. Business License: The Consultant shall obtain and maintain a valid City
Business Registration Certificate during the term of this Agreement.
1.8. No Conflict of Interest: During the term of this Agreement, neither
Consultant nor its officers, employees, associates and subcontractors shall, without the
prior written approval of the City, perform work for another person or entity for whom
Consultant is not currently performing work that would require Consultant or one of its
ufficers, employees, associates or sLlbcontractors to abstain from a decision under this
Agreement pursuant to a conflict of interest statute.
2.0, CO:\lPE~SATlON AND BILLING
2.1. Compensation. Over the term of this Agreement, Contractor shall be paid
for such sen'lces an amount not to exceed 5246,585.00, in accordance with Attachment
A-I.
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1 1 Additional Services. Consultant shall not receive compensation for any
senices provided outside the scope of services specified in the Response unless the City
or the Project Manager for this Project, prior to Consultant performing the additional
services, approves such additional senices in writing. It is specifically understood that
oral requests and/or approvals of such additional services or additional compensation
shall be barred and arc unenforceable.
2.3. Method of Billing. Consultant may submit IIlvoices to City's Project
Manager 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 thirty (30) days from
the date City receives said invoice. Each invoicc 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
principles and shall be made available to City or its Project Manager for inspection and/or
audit at mutually convenient times for a period of three (3) years from the EfTective Date.
3.0. TI!\1E OF PERFOR\lA]\'CE
3.1. Commencement and Completion of Work. 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 City as set forth in Attachment A-I. The Project
Schedule may be amended by mutual agreement of the parties. Failure to 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
performance resulting from acts beyond the reasonable control of the party or parties.
Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages,
compliance with laws or regulations, riots, acts of war, or anv other conditions beyond
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the reasonable control of a party.
4.0. TER.:'\'l AND TERMINATION
4.1. Term. This Agreement shall commence on the Effective Date and
continue for a period of one (1) year, ending one year after the Effective Date, unless
previously terminated as provided herein or as otherwise agreed to in writing by the
parties.
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4.2.
Notice ofTennination.
A. 'vVithout Cause: The City reserves and has the right and privilege of canceling,
suspending or abandoning the execution of all or any part of the work contemplated by
this Agreement. II ithout 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 without cause.
B. With Cause: The City reserves and has the right and privilege of canceling, suspending
or abandoning the execution of all or any part of the work contemplated by this
Agreement with cause. In the event of temlination with cause, City shall provide
Consultant with thirty (30) days written notice of the cause for termination. If Consultant
fails to cure within the thirty (30) days thereof, tennination shall become effective upon
expiration of the thrity (30) days.
C. With or Without Cause: In the event of temlination for any reason, Consultant shall
immediately stop rendering services under this Agreement unless directed otherwise by
the City.
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 tennination 111 accordance wllh 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 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.
4.4 Documents. In the event of tennination of this Agreement, all documents
prepared by Consultant in its performance of this Agreement including, but not limited
to, finished or unfinished design, development and construction documents, data studies,
drawings, maps and reports, shall be delivered to the City no later than ten (10) days of
termination of this Agreement, at no additional cost to City. Any use of uncompleted
documents without specific written authorization from Consultant shall be at City's sole
risk and without liability or legal expense to Consultant.
5.0. INSURANCE
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, .
products/completed operations, broad form property damage,
blanket contractual liability, independent contractors, personal
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inJ ury with a policy limit of not less than One Million Dollars
($ I,OOU,OOO.OO), combined single limJts, per occurrence and
aggregate.
(b) Automobile liability for owned \.ehicles, hired, and non-owned
vehicles, with a policy limit of not less than One Million Dollars
(51.000.000.00), 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 (51,000,000.00),
combined single limits, per occurrence and aggregate. Consultant
shall obtain and maintain, said E&O liability insurance during the
life of this Agreement and for three years after completion of the
work hereunder.
5.2. Endorsements. The comprehensive general liability insurance policy shall
contain or be endorsed to contain the following provisions:
(a)
Additional insureds: "The City of San Bernardino and its elected
and appointed boards, officers, agents, and employees are addition-
al 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."
5.3. Certificates of Insurance. Consultant shall provide tei City certificates of
msurance showing the insurance coverages and required endorsements described above,
in a forn1 and content approved by City, prior to perforn1ing any services under this
Agreement.
5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any
way, the indemnification provision contained in this Agreement, or the extent to which
Consultant may be held responsible for payments of damages to persons or property.
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6.0. GENERAL PROYISIOl'\S
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
\\Titing, and signed 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 appul1enant hereto. including exhibits to this Ai,'Teement.
6.2. Representatives. The Director of Development Services or her designee
shall be the reprcsentativc of City for purposes of this Agreement and may issue all
consents. approvals. dircctives and agreements on behalf of the City, callcd for by this
Agreemcnt. exccpt as otherwisc expressly provided in this Agreement.
Consultant shall designate a representative for purposes of this Agreement
who shall be authorizcd to issue all consents, approvals, directives and agreements on
behalf of Consultant callcd for by this Agreement, except as otherwise expressly
provided in this Agreement.
63. Proiect Managers. City shall designate a Project Manager to work directly
\\ith Consultant in the perfornlance of this Agreement.
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 or
its Project Manager shall attend and assist in all coordination meetings called by City.
6.4. Notices. Any notices, documents, correspondence or other
communications concerning this Agreement or the work hereunder may be provided by
personal delivery. facsimile or mail and shall be addressed as set forth bclow. Such
communication shall be deemed served or delivered: a) at the time of deliverv 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:
David Chow. PE, AIC?
181 Group
18401 Von Karman Ave. Ste. 110
Irvine, CA 92612
Fax: 949-833-5511
Tel: 949-833-5588
Valerie C. Ross
Director of Development Services
300 North "D" Street
San Bernardino, CA 92418
Fax: 909-384-5080
Tel: 909-384-5057
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6.5. Attomevs' Fees. In the event that litigation is brought by any party in
connection with this Agreement. the prevailing party shall be entitled to recover from the
opposing party all costs and expenses, including reasonable attomcys' fees, incuned by
the prevailing party in the exercise of any of its rights or remedies hereunder or the
enforcement of any of the terms, conditions, or provisions hereof. The costs, salary and
expenses of the City Allomey and members of his office in enforcing this contract on
hehalf 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 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 Bemardino County, Califomia.
6.7. Assignment. Consultant shall not voluntarily or by operation of law
assign, transfer, sllblet or encumber all or any part of Consultant's interest in this
Agreement without City's prior written consent. Any attempted assignment, transfer,
subletting or encumbrance shall be void and shall constitute a breach of this Agreement
and cause for termination of this Agreement. Regardless of City's consent, no subletting
or assignment shall release Consultant of Consultant's obligation to perform all other
oblIgations to be performed by Consultant hereunder for the term of this Agreement.
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 attomey fees, damage
to property or injuries to or death of any person or persons or damages of any nature
including, but not by way of limitation, all civil claims or workers' compensation claims,
to the extent caused by negligent or intentional acts, enors or omissions of Consultant, its
employees, agents or subcontractors in the performance of this Agreement.
6.9. Independent Contractor. Consultant is and shall be acting at all times as an
independent contractor and not as an employee of City. Consultant shall secure, at his
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 perfonned 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 infol1l1ation 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 contemplated by this Agreement, and any use of incomplete documents, shall
be at the sole risk of City and without liability or legal exposure to Consultant. City shall
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indemnify and hold hannless Consultant from all claims, damages, losses, and expenses,
including attorneys' fees, arising out of or resulting from City's use of such documents
for other projects not cOl1lempl,lled by this Agreement or use of incomplete documents
furnished by Consultant. Consultant shall deliver to City any findings, rep0l1s,
documents, infornlation, data, in any fornl, 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 additional cost to the City.
6.11 Public Records Act Disclosure. Consultant has been advised and is av. are
that all reports, documents, infonnation and data including, but not limited to, computer
tapes, discs or tiles fumished or prepared by Consultant, or any of its subcontractors, and
provided to City may be subject to public disclosure as required by the Califomia Public
Records Act (California Government Code Section 6250 et. seq.). Exceptions to public
disclosure may be those documents or infonnation that qualify as trade secrets, as that
tenn is defmed in the California Government Code Section 6254.7, and of which
Consultant infornls City of such trade secret. The City will endeavor to maintain as
confidential all infonnation 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 disclostire is deemed to be
required by law or by order of the Court.
6.] 2. Responsibilitv 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 necessary design drawings, estimates and other Consultant professional
services necessary to rectify and correct the matter to the sole satisfaction of City and to
participate in any meeting required with regard to the correction.
6.13. Prohibited Emplovment. Consultant will not employ any regular
cmployee of City while this Agreement is in effect.
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 tenns set forth in this
Agreement shall prevail.
6.15. Costs. Each party shall bear its own costs and fees incurred in the
preparation and negotiation of this Agreement and in theperfonnance of its obligations
hereunder except as expressly provided herein.
6.16. No Third Partv Beneficiarv 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 benetlciaries of this Agreement and no third party shall have any right in,
under or to this Agreement.
8
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6.17. HeaJin!.!s. Paragraphs and subparagraph headings contained in this
Agreement are included solely for convenience and are not intended to modify, explain or
to be a full or accurate description of the content thereof and shall not in any way affect
the meaning or interpretation of this Agreement.
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
ifdraftedjointly by the parties and in accordance with its fair meaning. There shall be no
presumption or burden of proof favoring or disfavoring any party by virtue of the
authorship of any of the provisions of this Agreement.
6.19 Amendments. Only a writing executed by the parties hereto or their
respective successors and assigns may amend this Agreement.
6.20. Waiver. The delay or failure of either party at any time to require
performance or compliance by the other of any of its obligations or agreements shall in
no way be deemed a waiver of those rights to require such performance or compliance.
No 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
Wal\'er is sought. The waiver of any right or remedy in respect to any occurrence or
event shall not be deemed a waiver of any right or remedy in respect to any other
e occurrence or event, nor shall any waiver constitute a continuing waiver.
6.21. Severabilitv. 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 tem1S and provisions hereof
or of the offending provision in any other circumstance. Notwithstanding the foregoing,
if the value of this Agreement, based upon the substantial benefit of the bargain for any
party is materially impaired, which determination as made by the presiding court or
arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute
such provision(s) through good faith negotiations.
6.22. Counterparts. This Agreement may be executed in one or more
counterpalts, 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 parties hereto warrant that they are duly authorized to execute this Agreement on
behalf of said parties and that by doing so, the parties hereto are formally bound to the
provisions of this Agreement.
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AGREEl\'IE:-;T FOR CONSt;L T/:\G SER\'ICES
1:'1/ 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.
CITY OF SAN BER'\ARDI:\O,
A Municipal Corporation.
181 GROUP
By
Patrick J. Morris. :vlayor
Signature
Name and Title
By
Signature
Name and Title
Approved as to fom1:
James F. Penman,
City Attomey
By V~II~
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A IT ACHMENT A-I
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1.210 CORRIDOR ENHANCEMENT PLAN
IMPLtMENT A TION PLAN
IBI Group Team believes the 1-210 COrridor Enhancement Plan project represents an exciting
opportunity to provide technical assistance to the City of San Bernardino and its residents as the
community seeks to develop a vision for the future enhancement of the 1-210 Freeway COrridor.
In this section. we layout our team's Project Approach, as well as raise some factors for
consideration as the project moves fonward. Following that, we provide our proposed Project
Implementation Plan and ItS associated tasks and deliverables.
PROJECT ApPROACH I OVERALL FACTORS FOR CONSIDERATION
We p'opose the formation of a Technical Advisory Committee (TAC), to be composed of
representallves from a number of key agencies and organizations, as well as Community-Based
Organlzaltons (CBOs) and other stakeholders (as directed by the City's Project Manager).
Suggested members could include representatives from:
. City of San Bernardino Development Services,
. City of San Bernardino Redevelopment Agency,
. San Bernardino Council of Governments (SAN BAG),
o Caltrans Distnct 8,
o Omnitrans, and
o CBOs
.
The primary purpose of the T AC would be to facilitate the development of key components of the
plan cntlcal to the project's schedule, as well as review and comment on project deliverables.
The T AC would further assist in keeping all parties involved well-informed throughout the project.
We have significant positive experience in working with TACs on projects, and believe that thiS
Iterative process generally results in a better overall product, one which features the early- and
continuing "buy-in" of participating agencies and organizations.
Scheduling the initial TAC meeting as soon as pOSSible and ensuring that all relevant members
are available to review the project, its goals and objectives will be very important. This will be an
opportunity for the TAC and project team to refine the Scope of Work, project priorities, and
tlmeline if necessary. The initial TAC meeting will also provide for establishing a calendar for
future meeltngs and deliverables, as well as for scheduling important events, such as the
charrettes and presentations
The compressed time periodS for some tasks may require discussion with City staff and Technical
AdVISOry Committee members on the need to prOVide all materials to the project team
expeditiously. We recognize that the schedule for completion of the work will be challenging, but
we believe with the necessary coordination and communication, is very much achievable.
The project team will aggressively move to begin the project upon receipt of Notice to Proceed.
The broad range of technical specialties and level of expenence in the IBI Group Team provides
that simultaneous consultations with key organizations such as the City of San Bernardino, San
Bernardino Council of Governments (SANBAG), Caltrans, and Omnitrans can be conducted. The
benefit of our approach is that it allows for the results and findings of these consultations to be
brought back to the TAC for review and discussion, and maintains a high-level of coordination
and communlcalton between all concerned parties. It will be criticallhat TAC members are active
participants, particularly during the Background Analysis task, and can ensure that all needed
reports, data, and related materials are conveyed to the project team quickly.
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September 1, 2006
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CITY Of SAN BERNARDINO
1.2'0 CORRIDOR ENHANCEMENT PLAN
PROJECT IMPLEMENTATiON PLAN
The IBI Group Team accepts the Scope of Work as provided in the RFP, and offer the following
observations and considerations regarding it that we believe could assist In the study process.
Backuround AnalYSIS
There IS a concern regarding the statement that "the timeframe for background analysis continues
beyond the Initial public outreach and first charrettes meetings, since background data will be put
to use as it becomes available, and the concerns of the public voiced in initial contacts may affect
the scope or content of the background analysis." This issue should be discussed amongst T AC
members at the initial meeting. Given the short time available for completion of the project,
establishing boundaries over the potential to expand the scope beyond that outlined in the
Request for Proposals (RFP) Will be an important conSideration, and setting clear priorities at the
outset of the project Will be key.
Also an option for consideration is rather than a complete market analysis as called out in the
RFP, revieWing and updating trends and data from recently completed or on-going similar studies
which include the project study area could provide a means by which economic development
strategies could be created in a more timely fashion. An example is the use of the City of San
Bernardino's Comprehensive General Plan Update, completed in November 2005. To help with
the overall aggressive schedule, we suggest that the period for Background Analysis be six
weeks
tit
Initial Outreach and Presentations
IBI proposes that the Initial outreach meetings begin immediately upon the Notice to Proceed,
and be conducted concurrently With the Background Analysis work. The IBI Group Team
includes Arellano and ASSOCiates. who have been Involved in previous phases of the Route 3011-
210 construction effort as the prime consultant for the Public Information Program. Given this
experience and familiarity With many of the potential Community-Based Organizations, a
preliminary list of groups could be established and contacted quickly to advise them of the
project's Initiation, and to solicit their participation. This early contact will assist in encouraging
engagement in the study and in the charrettes, which may need to be scheduled during the winter
holiday period.
By necessity, this would mean compressing the period for this effort from the eight weeks as
. noted in the Scope of Work down to approximately six weeks.
Charrettes
We propose that the City Project Manager and TAC work with the Project Team to focus and
refine the charrette process, including the dates. times and locations for these workshops, This is
in order to ensure that they can be completed in time to provide meaningful input to the
development of the Draft Strategy Elements and to the resulting 1-210 Corridor Enhancement
Plan.
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There may be opportunities to combine diSCUSSion of several strategy topics into a single
charrette event. Participants would Join with others in a small group atmosphere and discuss a
strategy topic for a shorter period of time 30-45 minutes, and then join another small group to
discuss a different strategy topic in another part of the room. Such an arrangement could
facilitate maximum results in a shorter period of time than the three month process outlined in the
RFP.
September 1, 2006
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CITY Of SAN BERNARDINO
1.210 CORRIDOR ENHANCEMENT PLAN
A significant consideration IS that the schedule for the two rounds of charettes will likely involve
holding them during November and December which tend to be difficult times te get people to
participate. The active involvement and participation of one or more CBOs, as well as individuals
and organizations contacted early through the Initial Outreach and Presentations can assist in the
achievement of this effort.
We believe that given careful attention to these factors, it may be possible to hold the two rounds
of charrettes over two months.
Preparation of Draft Strateoy Elements
The RFP provides a three and one-half month period for thiS task. Recognizing the limited
Irmeframe of the proJect, we believe that the time for this task may be compressed, with the active
participation of 'the City of San Bernardino staff and TAC members as required.
The project team will develop the Draft Strategy Elements following the first round of charrettes
and present them to the T AC as soon as possible thereafter. An expedited review and approval of
the preliminary draft elements by the City and TAC will allow the revision and refinement of
matenals to be presented at the second round of charrettes.
Final Plan Preparation
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The Scope of Work contained In the RFP suggests that this task would be accomplished by the
end of 2006. Given the difficulty with the holiday period, we believe a Draft Final 1-210 Corridor
Enhancement Plan could be completed In early to mid-January 2007. We anticipate a two-week
perrod for the TAC's review and comment, leaving time for the Final version of the document to
be prepared by the first or second week of February 2007.
As discussed, we accept the scope of work as described in the RFP with the following
refinements in task des'Cnptions and dellverables.
Task 1 - Technical Advisory Committee meeting #1
Deliverables:
. Meeting minutes
. Final Scope of Work and Project Schedule
Task 2 - Initial Outreach and Presentations
The Project Team would initiate contact with the community through organizations and individuals
starting with the Notice to Proceed, and based on existing contact information from other phases
of the 1-210 construction effort
Deliverables:
. Contact list, schedule and venues for charreltes
. Memo to City Staff identifying results of mitlal community outreach
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September 1, 2006
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1-210 CORRIDOR ENHANCEMENT PLAN
Task 3 - Background Analysis
Task 3.1 - Field Review
In this task, members of the PrOject Team would conduct a field review of the Project Study Area,
Ideally with members of the T AC. This field review would add additional input and information
beyond that provided as part of the data request.
Task 3.2 - Analysis of Opportunities and Constraints/Development of Draft Strategy Alternatives
This task would analyze and Identify existing conditions, opportunities and constraints for each of
the five Strategy Elements (which have a total of eight components as laid out In the RFP). The
proposed products will be developed as a collaborative effort with the City and T AC at a level that
IS consistent With the expectations and budget.
Task 3.2.1 - Freeway Screening
The overall methodology for developing screening strategies along the 1-210 will be to
identify up to seven typical conditions which will exist once the new freeway is
constructed. These conditions may include views to interchanges, views to the back of
sound walls, and direct views onto the freeway. The conditions will be identified in
collaboration with the City and the TAC.
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Task 3.2.2 - Acoustical Analysis
The Acoustical Analysis subtask would have three main components. These are:
. Assessment of eXisting noise impacts
. Assessment of future noise Impacts
. Identification of potential solutions
. Potential funding sources for solutions
Task 3.2.3 - Multi-modal Mobility
This would include a review of existing and planned transit services and routes, an
assessment of Sidewalks and bicycle routes, and consultation With Omnltrans, Caltrans,
and others. SpeCial attention will be given to maintaining connectivity In the City and
unmet transit needs.
Task 3.2.4 State Street Corridor Improvement
The Project Team will assess what might be required as part of a draft State Street
Corndor Improvement Strategy. It is anticipated that the interchange at State Street will
serve as a major ingress and egress gateway for economic development in the region.
Input would be soliCited from the City and other stakeholders for improvement ideas.
These ideas along would be incorporated into alternative concepts (maximum of 2) for
presentation at the initial round of charrettes, These concepts could exhibit features
including decorative walls, special pavement, themed lighting, site amenities, plant
materials and other features. This task will be coordinated closely with Task 3.2.6
Economic Development.
Task 32.5 - Vehicle Trip Reduction
In this subtask, potential opportunities for Vehicle Trip Reduction would be assessed,
The work Will be coordinated With Task 3.2.3 Multi-modal Mobility strategy as appropriate.
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Task 3.2.6 - Economic Development
This subtask would review existing appropriate reports and documents and would update
this Information, identifying both existing economy activity within the. project study area,
as well as potential economic development opportunities resulting from the completion of
the 1-210 freeway. This subtask will focus on IdentifYing a strategy to maximize the
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September 1, 2006
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'--~ CITY OF SAN BERNARDiNO
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1-210 CORRIDOR ENHANCEMENT PLAN
economic development potential that can be expected. We will work with the City and
appropriate members of the TAC to identify the areas of influence, define priorities, and
objectives for commercial and other land uses.
Task 3.2.7 - Neighborhood Revitalization
The IBI Team will work closely With City staff and utilize existing information and field
review to develop concepts and strategies. Public involvement will playa key role in thiS
effort
Task 3 2 8 - Transit-Oriented Design
Special attention Will be focused on identifying the principles of Transit Oriented
Development that make sense for the City. As appropriate, this task may be combined
and Incorporated in other strategy elements including Task 3.2.7 Neighborhood
Revitalization and Task 3.2.6 Economic Development
Deliverables
Five Strategy Elements background reports
Task 3.3 - Preparation of Outlines, Materials for Charrettes
Based on the results of the Background Analysis for each strategy area, outlines will be prepared
shOWing how these strategies would be presented to the public for its input and comment at the
first round of charrettes. The underlying philosophy for the charrettes will be the presentation of
alternative solutions to the Issues Identified by the project team.
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Deliverables
. Five scripts for the first round of charrettes
. Draft materials for presentation at charrettes
Task 4 - Technical Advisory Committee meeting #2
At this meeting, the TAC will review and comment on the background reports and other materials
prepared in Task 2, as well as on the draft outlines and other materials for the charettes. As a
result of comments and feedback received from the TAC, reports and charrette materials will be
reVised as necessary.
Deliverables
. Meeting notes
. Revised background reports
. Revised materials for first round of charrettes
Task 5 - Charrettes Round #1
A series of five charettes will be held in this task. Ideally, the charettes would have the
opportunity to address a number of different strategies at each one. Their dates, times and
locations will be based on input from the TAC and from participating Community-Based
Organizations (CBOs). Ideally, the selected CBOs will be members of the TAC, so as to provide
their maximum involvement throughout the project
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In addition to presentation boards which would highlight key issues and major findings from the
background analysis, each charette would feature a series of small group activities that discussed
and addressed a particular issue, such as Multi-modal mobility. Within this group, a series of
issues might be raised, and then a number of options to address those concerns presented.
Comparative factors such as relative cost and ease of maintenance might be provided. Each
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September 1, 2006
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~ f~ CITY OF SAN BERNARDINO
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1.210 CORRIDOR ENHANCEMENT PLAN
group would then discuss the options, and would provide feedback in the form of written
comments and preferences.
After a period of time, say 15-20 minutes per group, the participants would move to the next
station to discuss another strategy topic. Facilitators at each stalion would ensure that the
process provided an opportunity for all participants to be heard, and would assist In the
discussion 10 the extent necessary In order to provide participants with:
. Basic charrette ground rules
. The strategy to be discussed
. The information and tools with which to discuss it
. The means by which their input would be collected (survey cards, game pieces, etc.)
The goal of this round of charrettes would be to solicit the sense of the community regarding each
of the strategy areas and how they might be addressed in the future through the 1-210 Corridor
Enhancement Plan.
Deliverables:
. First round of charrettes
. Meeting summaries from each charrette held
Task 6 - Preparation of Draft Strategy Elements
.
Based on Input and preferences expressed by the public during the first round of charettes, the
Project Team will prepare draft versions of each of the strategies to be included in the 1-210
COrridor Enhancement Plan, as well as materials for use at the second round of charrettes.
Deliverables:
. Preliminary draft strategy outlines for the five Strategy Elements
. Materials for use at the second round of charrettes
Task 7 - Technical Advisory Committee meeting #3
The T AC Will review and comment on the Draft Strategy Elements and materials to be presented
at the second round of charettes. The Draft Strategy Elements and materials for the second
round of charrettes will be revised as necessary.
Deliverables:
. Meeting notes
. Revised draft Strategy Elements
. Revised materials for second round of charrettes
Task 8 - Charrettes Round #2
The Draft Strategy Elements, formulated through the background analysis and the community's
Input at the first round of charrettes, will be presented for final comment and input.. Ideally, the
goal of this round of charrettes would be to reach consensus on the preferences and pnorities in
each Strategy area to be reflected in the 1-210 Corridor Enhancement Plan.
.
Deliverables:
. Second round of charrettes
. Meeting summaries from each charrette held
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September 1, 2006
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CITY OF SAN BERNARDINO
1.210 CORRIDOR ENHANCEMENT PLAN
Task 9 - Preparation of Draft Corridor Enhancement Plan
Based on the results of the second round of charrettes. the draft Strategy Elements would be
combined With data from the background repons in a Draft 1-210 Corridor Enhancement Plan.
Deliverable:
Draft 1-210 Corndor Enhancement Plan
Task 10 - Technical Advisory Committee meeting #4
At this final T AC meeting, the Draft 1-210 Corridor Enhancement Plan would be reviewed, and
T AC members would provlge direction to the Project Team on revisions necessary to finalize the
document. The document would be revised accordingly. The PowerPoint presentation to be
given to the Mayor and Common Council would also be reviewed.
Deliverables:
. Meeting minutes
. Comments on Draft 1-210 Corridor Enhancement Plan
. Draft PowerPoint presentation for Mayor and Common Council
Task 11 - Preparation of Final Corridor Enhancement Plan
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The Final 1-210 Corndor Enhancement Plan would be revised to reflect the comments and
feedback of the TAC. Following this revision, the 1-210 Corridor Enhancement Plan would be
printed and provided to the City in hard copy form. as well as on CD-Rom for reproduction and
electronic dlssemlOation. Presentation on the project and the resulting plan would be made to the
Mayor and Common Council.
Deliverables:
. 1-210 Corridor Enhancement Plan (10 bound hard copies, and an electronic copy on
CD-Rom, suitable for reproduction of additional hard copies or for uploading to the
Internet.
. PowerPoint presentation to Mayor and Common Council
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EXHIBIT B
Agreement No. 74A0207
The City of San Bernardino
Page 1 of 11
FUND TRANSFER AGREEMENT
THIS FUND TRANSFER AGREEMENT (FTA), ENTERED INTO ON May 01,2006, is between
the State of California, acting by and through its Department of Transportation, referred to herein
as DEPARTMENT, and the City of San Bernardino, hereinafter referred to as AGENCY.
RECITALS
1. DEPARTMENT and AGENCY, pursuant to Streets and Highways Code section 114 (b),
are authorized to enter in this FT A pertaining to State funding committed for
Transportation studies and planning under the jurisdiction of AGENCY.
2. AGENCY has agreed to implement 1-210 Corridor Enhancement Plan, hereinafter the
Project, subject to the terms and conditions of this FTA. The Project Description (Scope
of Work and Cost Estimate) is attached hereto as Attachment III.
3. The resolution adopting the Project described above, is attached hereto as Attachment II.
This resolution authorizes AGENCY to execute contracts and agreements.
4. All services performed by AGENCY pursuant to this'FTA are intended to be performed in
accordance with all applicable Federal, State, and AGENCY laws, ordinances,
regulations, and DEPARTMENT encroachment permits, published manuals, policies, and
procedures.
5.
Project funding is as follows:
FUND TITLE FUND SOURCE
SHA STATE
DOLLAR AMOUNT
$237,500.00
6. This FT A is exempt from legal review and approval by the Department of General
Services, pursuant to PCC section 10295. .
SECTION I
AGENCY AGREES:
To satisfactorily complete all Project Work described in Attachment III.
SECTION II
DEPARTMENT AGREES:
DEPARTMENT agrees that when conducting an audit of the costs claimed by AGENCY under
the provisions of this FTA, DEPARTMENT will rely to the maximum extent possible on any prior
audit of AGENCY pursuant to the provisions of State and applicable Federal laws. In the absence
of such an audit, work of other auditors will be relied upon to the extent that such work is
acceptable to DEPARTMENT when planning and conducting additional audits.
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Agreement No. 74A0207
The City of San Bernardino
Page 2 of 11
SECTION III
IT IS MUTUALLY AGREED:
In consideration of the foregoing and the mutual promises of the parties hereto, AGENCY and
DEPARTMENT agree as follows:
1. Notification of Parties
a. AGENCY's Project Manager is Terri Rahhal (909) 384-5057
b. DEPARTMENT's Contract Manager is Lorna Foster (909) 383-4473
c. All notices herein provided to be given, or which may be given, by either party to
the other, shall be deemed to have been fully given when made in writing and
received by the parties at their respective addresses:
The City of San Bernardino
Attention:Terri Rahhal
Principal Planner
300 No. D Street
City of San Bernardino CA 92418-0001
California Department of Transportation
District 08 Planning
Attention: Lorna Foster
864 W Fourth Street 6'h Floor
San Bernardino, CA, 92401
2.
Period of Performance
Work under this FTA shall begin on MAY 01,2006, contingent upon approval of this FTA
by DEPARTMENT, and will terminate on February 28, 2007, unless extended by
amendment.
3.
Chanaes in Terms/Amendment
This FTA may only be amended or modified by mutual written agreement of the parties.
4. Termination
This FTA may be terminated by either party for any reason by giving written notice to the
other party at least thirty (30) days in advance of the effective date of such termination.
In the event of termination by said notice, funds reimbursed to AGENCY will include all
authorized non-cancelable obligations and prior costs incurred
5. Cost Limitation
a. The total amount payable to AGENCY pursuant to this FTA by DEPARTMENT
shall not exceed $237,500.00.
b.
It is agreed and understood that this FT A fund limit is an estimate and that
DEPARTMENT will only reimburse the cost of services actually rendered as
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Agreement No. 74A0207
The City of San Bernardino
Page30f11
authorized by the DEPARTMENT Contract Manager at or below that fund
limitation established hereinabove.
6.
Allowable Costs
a. The method of payment for this FT A will be based on actual allowable costs.
DEPARTMENT will reimburse AGENCY for expended actual allowable direct
and indirect costs, including, but not limited to labor costs, employee benefits,
and travel (overhead is reimbursable only if the AGENCY has an approved
indirect cost allocation plan) and contracted consultant services costs incurred
by AGENCY in performance of the Project work, not to exceed the cost
reimbursement limitation set forth in 5,a, above. Actual costs shall not exceed
the estimated wage rates, labor costs, travel and other estimated costs and fees
set forth in Attachment III without prior written agreement between
DEPARTMENT and AGENCY.
b. Reimbursement of AGENCY expenditures will be authorized only for those
allowable costs actually incurred by AGENCY in the performance of the Project
work, AGENCY must not only have incurred the expenditures on or after the
Effective Date of this FTA and before the Termination Date, but must have also
paid for those costs to claim any reimbursement.
Travel expenses and per diem rates are not to exceed the rate specified by the
State of California Department of Personnel Administration for similar employees
(I.e. non-represented employees) unless written verification is supplied that
government hotel rates are not commercially available to AGENCY, or its
contractors, its subcontractors, and/or its subrecipients, at the time and location
required as specified in the California Department of Transportation's Travel
Guide Exception Process,
d. DEPARTMENT will reimburse AGENCY for all allowable Project costs no more
frequently than monthly in arrears as promptly as DEPARTMENT fiscal
procedures permit upon receipt of itemized signed invoices in triplicate. 'lnvoices
shall reference this FT A Number and shall be signed and submitted to the
Contract Manager at the fOllowing address:
c.
California Department of Transportation
District 08 Planning
Attention: Lorna Foster
864 W Fourth Street 6th Floor
San Bernardino, CA, 92401
e. Invoices shall include the following information:
1. Names of the AGENCY Personnel performing work
2. Dates of Service
3, Locations of Service (AGENCY - address)
7. ReDorts
a.
AGENCY shall submit written progress reports with each set of invoices to allow
the DEPARTMENT's Contract Manager to determine if AGENCY is performing
to expectations, is on schedule, is within funding cost limitations, to
communicate interim findings, and to afford occasions for airing difficulties
respecting special problems encountered so that remedies can be developed.
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b
Any document or written report prepared as a requirement of this FT A shall
contain. in a separate section preceding the main body of the document. the
number and dollar amounts of all contracts and subcontracts relating to the
preparation of those documents or reports.
c. AGENCY will provide five (5) copies and one (1) electronic version of the final
written report to the DEPARTMENT's Contract Manager.
8. Local Match Funds
a. Except where expressly allowed in writing herein, reimbursement of credits for
local matching funds will be made or allowed only for work performed on and
after the start date and prior to the termination date of this FTA, unless
expressly permitted as local match expenditures made prior to the effective date
of this FT A pursuant to Government Code section 14529.17 or by prior executed
SB 2800 FTA for Local Match Fund Credit.
b. AGENCY agrees to contribute at least the statutorily or other required local
contribution of matching funds (other than state or federal funds), if any IS
specified within this FT A or in any Attachment hereto, toward the actual cost of
the services described in Attachment III or the amount, if any described in an
executed SB 2800 (Streets and Highways Code section 164.53) agreement for
local match fund credit, whichever is greater. AGENCY shall contribute not less
than its required match amount toward the services described herein on a
proportional monthly or quarterly basis coinciding with its usual invoicing
frequency.
9.
Cost Principles
a. AGENCY agrees to comply with Office of Management and Budget Circular A-
87, Cost Principles for State and Local Government, and 49 CFR, Part 18,
Uniform Administrative Requirements for Grants and Cooperative Agreements to
State and Local Governments.
b. AGENCY agrees, and will assure that its contractors and subcontractors will be
obligated to agree, that (a) Contract Cost Principles and Procedures, 48 CFR.
Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be
used to determine the allowability of individual Project cost items and (b) all
parties shall comply with Federal administrative procedures in accordance with
49 CFR, Part 18, Uniform Administrative Requirements for Grants and
Cooperative Agreements to State and Local Governments. Every sub-recipient
receiving Project funds as a contractor or sub-contractor under this FT A shall
comply with Federal administrative procedures in accordance with 49 CFR, Part
18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments.
c.
Any Project costs for which AGENCY has received payment or credit that are
determined by subsequent audit to be unallowable under Office of Management
and Budget Circular A-87, 48 CFR, Chapter 1, Part 31 or 49 CFR, Part 18, are
subject to repayment by AGENCY to DEPARTMENT. Should AGENCY fail to
reimburse moneys due DEPARTMENT within thirty (30) days of discovery or
demand, or within such other period as may be agreed in writing between the
Parties hereto, DEPARTMENT is authorized to intercept and withhold future
payments due AGENCY from DEPARTMENT or any third-party source,
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including, but not limited to, the State Treasurer, the State Controller or any other
fund source.
d.
AGENCY agrees to include Project in the schedule of projects to be examined in
AGENCY's annual audit and in the schedule of projects to be examined under its
single audit prepared in accordance with Office of Management and Budget
Circular A-133.
e.
Prior to AGENCY seeking reimbursement of indirect costs, AGENCY must
prepare and submit annually to the DEPARTMENT an indirect cost rate proposal
and a central service costs allocation plan (if any) in accordance with Office of
Management and Budget Circular A-87 and Local Program Procedures Manual
(LLP 04-10).
10. Americans with Disabilities Act
By signing this FT A AGENCY assures DEPARTMENT that it complies with the
applicable provisions of the Americans with Disabilities Act (ADA) of 1990, which
prohibits discrimination on the basis of disability, as well as all applicable regulations and
guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.)
11. Indemnification
a.
Nothin9 in the provisions of the Agreement is intended to create duties or
obligations to or rights in third parties to this Agreement or affect the legal liability
of either party to the agreement by imposing any standard of care with respect to
the operation, maintenance and repair of State highways different from the
standard of care imposed by law.
b. Neither DEPARTMENT nor any officer or employee thereof is responsible for any
damage or liability occurring by reason of anything done or omitted to be done by
AGENCY under or.in connection with any work, authority or jurisdiction
delegated to AGENCY under this FT A. It is understood and agreed that,
pursuant to Government Code section 895.4, AGENCY shall fully defend,
indemnify and save harmless DEPARTMENT, its officers and employees from all'
claims, suits or actions of every name, kind and description brought for or on
account of injury (as defined in Government Code section 810.8) occurring by
reason of anything done or omitted to be done by AGENCY under or in
connection with any work, authority or jurisdiction delegated to AGENCY under.
this FTA.
12. Non-Discrimination
a.
During the performance of this FTA, AGENCY and all of its subcontractors, if
any, shall not unlawfully discriminate, harass or allow harassment, against any
employee or applicant for employment because of sex, race, calor, ancestry,
religious creed, national origin, disability (including HIV and AIDS), mental
disability, medical condition (cancer), age (over 40), marital status, denial of
family and medical care leave, and denial of pregnancy disability leave.
AGENCY and its subcontractors shall ensure that the evaluation and treatment
of their employees and applicants for employment are free from such
discrimination and harassment. AGENCY and its sub-contractors shall comply
with the provisions of the Fair Empioyment and Housing Act (Government Code
section 12900 et seq.) and the applicable regulations promulgated thereunder
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(California Code of Regulations, Title 2, Section 7285.0 et seq.). The applicable
regulations of the Fair Employment and Housing Commission implementing
Government Code section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title
2 of the California Code of Regulations, are incorporated into this FT A by this
reference and are made a part hereof as if set forth in full. AGENCY and its
subcontractors shall give written notice of their obligations under this clause to
labor organizations with which they have a collective bargaining or other
agreement.
b.
AGENCY shall include the nondiscrimination and compliance provisions of this
clause in all subcontracts to perform work under this FT A.
13. FundinQ ReQuirements
a. It is mutually understood between the parties that this FTA may have been
written for the mutual benefit of both parties in order to avoid program and fiscal
delays that would occur if the FTA was executed only after ascertaining the
availability of a congressional or legislative appropriation of funds.
b.
This FT A is valid and enforceable only if sufficient funds are made available to
DEPARTMENT by the United States Government and/or the California State
Legislature for the purpose of this Project. In addition, this FTA is subject to any
additional restrictions, limitations, conditions, or any statute enacted by the
Congress or the State Legislature that may affect the provisions, terms or
funding of this FTA in any manner.
c.
It is mutually agreed that if the Congress or the State Legislature does not
appropriate sufficient funds for the program and Project, this FT A shall be
amended to reflect any reduction in funds.
d. DEPARJ'MENT has the option to void this FTA under the thirty (30) day
termination ciause or to amend this FT A to reflect any reduction of funds. In the
event of an unscheduled termination, the DEPARTMENT Contract Manager may
reimburse AGENCY is accordance with the provisions of Article 4 of this Section ,
III.
14. Records Retention
a.
AGENCY, its contractors and subcontractors shall establish and maintain an
accounting system and records that properly accumulate and segregate incurred
Project costs and matching funds by line item for the Project. The accounting
system of AGENCY, its contractors and all subcontractors shall conform to
Generally Accepted Accounting Principles (GAAP), enable the determination of
incurred costs at interim points of completion, and provide support for
reimbursement payment vouchers or invoices. All accounting records and other
supporting papers of AGENCY, its contractors and subcontractors connected
with Project performance under this FTA shall be maintained for a minimum of
three years from the date of final payment to AGENCY and shall be held open to
inspection, copying, and audit by representatives of DEPARTMENT, the
California State Auditor, and auditors representing the federal government.
Copies thereof will be furnished by AGENCY, its contractors, and its
subcontractors upon receipt of any request made by DEPARTMENT or its
agents. In conducting an audit of the costs and match credits claimed under this
FTA, DEPARTMENT will rely to the maximum extent possible on any prior audit
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of AGENCY pursuant to the provisions of federal and State law. In the absence
of such an audit, any acceptable audit work performed by AGENCY's external
and internal auditors may be relied upon and used by DEPARTMENT when
planning and conducting additional audits.
b.
For the purpose of determining compliance with Title 21, California Code of
Regulations, Section 2500 et seq., when applicable. and other matters connected
with the performance of AGENCY's contracts with third parties pursuant to
Government Code section 8546.7, AGENCY. AGENCY's contractors and
subcontractors and DEPARTMENT shall each maintain and make available for
inspection all books, documents, papers, accounting records, and other evidence
pertaining to the performance of such contracts, including, but not limited to, the
costs of administering those various contracts. All of the above referenced
parties shall make such materials available atlheir respective offices at all
reasonable times during the entire Project period and for three years from the
date of fmal payment to AGENCY under this FTA. DEPARTMENT. the
California State Auditor, or any duly authorized representative of DEP ARTM ENT
or the United States Department of Transportation, shall each have access to
any books, records, and documents that are pertinent to a Project for audits.
examinations, excerpts. and transactions, and AGENCY shall furnish copies
thereof if requested.
c.
AGENCY. its contractors and subcontractors will permit access to all records of
employment. employment advertisements. employment application forms, and
other pertinent data and records by the State Fair Employment Practices and
Housing Commission, or any other agency of the State of California designated
by DEPARTMENT, for the purpose of any investigation to ascertain compliance
with this FT A.
15. Disputes
a. Any dispute concerning a question of fact arising under this FT A that is not
disposed of by agreement shall be decided by the DEPARTMENT Contract Officer,
who may consider any written or verbal evidence submitted by AGENCY.
b. Neither the pendency of a dispute nor its consideration by the Contract Officer will
excuse AGENCY from full and timely performance in accordance with the terms of
the FT A.
16. Subcontractors
AGENCY shall perform the work contemplated with resources available within its own
organization and no portion of the work shall be subcontracted without written
authorization by DEPARTMENT's Contract Manager, unless expressly included
(subcontractor identified) in Attachment III. Any subcontraclin excess of $25,000 entered
into as a result of this FTA shall contain all the provisions stipulated in this FTA to be
applicable to AGENCY's subcontractors.
17. Third Party Contractinll
a.
AGENCY shall not award a construction contract over $10.000 or other
contracts over $25.000 [excluding professional service contracts of the type
which are required to be procured in accordance with Government Code
Sections 4525 (d). (e) and (f)] on the basis of a noncompetitive negoliation for
work to be performed under this FTA without the prior written approval of
.
.
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DEPARTMENT. Contracts awarded by AGENCY, if intended as local match
credit, must meet the requirements set forth in this FT A regarding local match
funds.
b.
Any subcontract entered into by AGENCY as a result of this FT A shall mandate
that travel and per diem reimbursements and third-party contract
reimbursements to subcontractors will be allowable as Project costs only after
those costs are incurred and paid for by the subcontractors.
c.
If local match is a requirement of these funds, AGENCY must ensure that local
match funds used for the Project meet the requirements outlined in this FT A in
the same manner as is required of all other Project expenditures.
d.
In addition to the above, the preaward requirements of third party
contractor/consultants with local agencies must be consistent with Local
F'rogram Policy (LPP 00-05).
18. labor Code ComDliance
AGENCY shall include in all subcontracts funded by this FTA which contemplates the
actual construction of a public works project paid for by funds allocated under this FT A. a
clause that requires each subcontractor to comply with California Labor Code
requirements that all workers employed on public works projects (as defined in California
Labor Code 1720-1815) will be paid not less than the general prevailing wage rates
predetermined by the Director of the State Department of Industrial Relations.
19.
Disabled Veterans Business EnterDrise
a Should Military and Veterans Code sections 999 et seq. be applicable to
AGENCY, AGENCY will meet, or make good faith efforts to meet, the 3%
Disabled Veterans Business Enterprises goals (or AGENCY's applicable higher
goals) in the award of every contract for Project work to be performed under this
FTA.
b. AGENCY shall have the sole duty and authority under this FTA and each
amendment to determine whether these referenced code sections are applicable
to AGENCY and, if so, whether good faith efforts asserted by those contractors
of AGENCY were sufficient as outlined in Military and Veterans Code sections
999 et seq.
20. Drull-Free WorkDlace Certification
By signing this FT A, AGENCY hereby certifies under penalty of perjury under the laws of the
. State of California that AGENCY will comply with the requirements of the Drug-Free
WorKplace Act of 1990 (Government Code section 8350 et seq.) and will provide a drug-free
workplace by doing all of the following:
a. Publish a statement notifying employees that unlawful manufacture, distribution,
dispensation. possession. or use of a controlled substance is prohibited and
specifying actions to be taken against employees for violations, as required by
Government Code section 8355(a).
b.
Establish a Drug-Free Awareness Program as required by Government Code
section 8355(b) to inform employees about all of the following:
.
.
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Agreement No. 74A0207
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1.
the dangers of drug abuse in the workplace,
2. the person's or organization's policy of maintaining a drug-free workplace,
3. any available counseling, rehabilitation, and employee assistance
programs, and
4. penalties that may be imposed upon employees for drug abuse violations
c. Provide as required by Government Code section 8355(c), that every employee
who works on the proposed contract or grant:
1. will receive a copy of the company's drug-free policy statement, and
2. will agree to abide by the terms of the company's statement as a condition
of employment on the contract or grant.
Failure to comply with these requirements may result in suspension of payments under this
FTA or termination of this FTA or both, and AGENCY may be ineligible for the award of any
future state contracts if DEPARTMENT determines that any of the following has occurred:
(1) AGENCY has made a false certification or, (2) AGENCY violates the certification by
failing to carry out the requirements as noted above.
21.
Relationship of Parties
It is expressly understood that this is an agreement is executed by and between two
independent governmental entities and that this is not intended to, and shall not be
construed to, create the relationship of agent. servant, employee, partnership, joint
venture or association, or any other relationship whatsoever other than that of an
independent party. .
EQuipment Purchase (Bv AGENCY)
a. Prior authorization in writing by the DEPARTMENT Contract Manager shall be
required before AGENCY enters into any non-budgeted purchase order or
subagreement exceeding $500 for supplies, equipment, or consultant services.
AGENCY shall provide an evaluation of the necessity or desirability of incurring
such costs.
b. For the purchase of any item, service or consulting work not covered In the attached
Project Description (Attachment III) and exceeding $500, three competitive
quotations must be submitted with the request or the absence of bidding must be
adequately justified, and prior authorization must be obtained from the
DEPARTMENT's Contract Manager.
c.
Any equipment purchased as a result of this FTA is subject to the following:
AGENCY shall maintain an inventory record for each piece of non-expendable
equipment purchased or built with funds provided under the terms of this FT A.
The inventory record of each piece of such equipment shall include the date
acquired, total cost, serial number, model identification (on sale, in accordance
with established DEPARTMENT procedures, purchased equipment), and any
other information or description necessary to identify said equipment. Non-
expendable equipment so inventoried are those items of equipment that have a
normal life expectancy of one year or more and an approximate unit price of
.
.
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Agreement No. 74A0207
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$5,000 or more. In addition, theft-sensitive items of equipment costing less than
$5,000 shall be inventoried. A copy of the inventory record must be submitted to
DEPARTMENT upon request by DEPARTMENT.
d.
At the conclusion of the FTA, or if the FTA is terminated, AGENCY may either
keep the equipment and credit DEPARTMENT in an amount equal to its fair
market value or sell such equipment at the best price obtainable at a public or
private sale in accordance with established DEPARTMENT procedures and
credit DEPARTMENT in an amount equal to the sales price. If AGENCY elects
to keep the equipment, fair market value shall be determined, at AGENCY
expense, on the basis of a competent, independent appraisal of such equipment.
Appraisals shall be obtained from an appraiser mutually agreeable to
DEPARTMENT and AGENCY. If iI AGENCY is determined to sell the
equipment, the terms and conditions of such sale must be approved in advance
by DEPARTMENT.
e.
CFR 49, Part 18 requires a credit to Federal funds when participating equipment
with a fair market value greater than $5,000 is cred~ed to the Project.
f.
23.
Any subagreement entered into as a result of this FT A shall contain all of the
provisions of this Article.
Disabled Access Review
Disabled access review by the Department of General Services (Office of State Architect)
is required for the construction of all publicly funded buildings, structures, sidewalks,
curbs and related facilities. No construction contract will be awarded by AGENCY unless
AGENCY plans and specifications for such facilities conform to the provisions of sections
4450 and 4454 of the California Government Code, if applicable. Further requirements
and guidance are provided in Title 24 of the California Administrative Code and the
Americans with Disabilities Act (42 USC '12101, et. seq.).
24.
Fire Marshal Review
The State Fire Marshal adopts building standards for fire safety and panic prevention.
Such regulations pertain to fire protection design and construction, means of egress and
adequacy of exits, installation of fire alarms, and fire extinguishment systems for any
DEPARTMENT owned or DEPARTMENT occupied buildings per Section 13108 of the
Health and Safety Code. When applicable, AGENCY must assure that any relevant
Project plans meet the standards of the State Fire Marshal to ensure consistency with
DEPARTMENT fire protection standards.
Environmental Clearance
Environmental clearance of Project by AGENCY and/or DEPARTMENT is required prior
to requesting funds for right of way purchase or construction. No department or agency
shall request funds nor shall any department/agency board or commission authorize
expenditures of funds for any project, except feasibility or planning studies, which may
have a significant effect on the environment unless such a request is accompanied by an
environmental impact report per California Public Resources Code section 21102. The
California Environmental Quality Act (CEQA), in California Public Resources Code
section 21080(b)(10), does provide an exemption for rail projects which institute or
increase passenger or commuter services on rail or highway rights-of-way already in use.
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26.
Public Work
If this Project will result in the construction, alteration, modification Dr meintenance of"
.public Work," as that term is denned in the LaDor Code, then AGI!NCY must oonfol1Tl to
the provisions of the Labor Code applicaole to PubliC Works as SI:1 forth in seid sections
1720 through 1815. all applicable regulations of the Department of Industrial Relations,
and determinations of coverage as issued by the Director of Industr1al RI:'ations.
27. Proiect Close Out
The FTA Expiration Date refers to the last datI: for AGENCY to incur valid Project costs
or credits and is me date the FTA expires. AGI!NCY has sixty (60) dllYS eller that
Expiration Date to make final allowable payments to Project contractors or vendors,
prepare the Project Closeout Report, and submit the final invoice to DEPARTMENT for
reimbursement for allowable Project costs. Any unexpended Project funds not invoiced
by thai slXtll:th (~Oth) day will be reverted end will no long..r b.. accessibl.. to reimbursQ
late Project invoices.
ATTACHMENTS:
The following attachments are incorporated into and are made a part of this FTA by this reference
and ..ttachmcnl.
I. Accounting & Audit Guidelin....
II. AGENCY Resolution
III. Scope of Work. Schedule. and COSIS
IN WITNESS WHEREOF, the panles herelo have execuled this FTA on the day and year
first herein above written;
STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
B~~~~
Title: Contract er -
Dale: l.\\.~\~
, "
THE CITY OF SAN BERNARDINO
B~. -
Ti~J:MOrriS~
DatI:: June 1. 2006
Contract No. 74A0207
Attachment I
Page 1 of 5
.
ATTACHMENT I
ACCOUNTING & AUDIT GUIDELINES FOR
AGREEMENTS WITH DEPARTMENT
INTRODUCTION
The purpose of this information is to outline for you, a potential contractor with the California State
Department of Transportation (DEPARTMENT), the basic elements of an adequate accounting
system, and the types and objectives of audits that will be performed in relation to your contract.
In order to successfully compete for a contract and meet the audit requirements. a contractor
(whether a prime or subcontractor) must have a system of record keeping and internal control.
Although a specific cost accounting system is not required, a contractor needs a system which
will assure compliance with the terms of the agreement. A preaward audit will be performed to
assure you meet these requirements prior to contract execution. If your system is deficient, the
contract will not be executed.
DEPARTMENT reimburses, through your overhead rate, the costs attributable to establishing and
maintaining a cost accounting system.
e
Staff time and other costs related to an audit performed of your contract are also normally
reimbursed through your overhead rate.
ACCOUNTING SYSTEM
,
Contractors (whether a prime or subcontractor) planning to contract with DEPARTMENT must
have an accounting system which meets the following objectives:
. The ability to record and report financial data in accordance with generally accepted
accounting principles.
. A system of record keeping to ensure that costs billed to DEPARTMENT are:
a. Supported by adequate documentation.
b. In compliance with the terms of the contract and applicable Federal and State
regulations specified in the contract.
. A system of record keeping which ideally includes the following:
a. A General Ledger
b. Job cost ledger
c. Labor distributions
d. Time records
e e. Subsidiary journals
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f.
Chart of accounts
g.
Financial statements
. The ability to accumulate and segregate reasonable, allocable (incurred solely for a project)
and allowable (per terms of the contract) costs through the use of a cost accounting system.
The following are some of the attributes which would ideally be found in such a system:
a. A chart of accounts which includes indirect and direct general ledger accounts.
Indirect costs are not specifically identified to a project, for example, rent and/or
utilities. Direct costs are specifically identified with a project, for example,
drafting hours and/or design hours.
b. Segregation of costs by contract, category of cost and milestones (if applicable).
c. Proper recording of direct and indirect costs. For example, recording of labor
costs should provide that non-project indirect hours be recorded on a timesheel
. and in the accounting records to an administration, vacation, sick leave or other
indirect cost accounVcode. Direct project hours should be recorded on a
timesheet and in the accounting records to a direct project cost accounVcode.
d. Consistent accounting treatment of costs in recording and reporting. For
example, if travel expense is charged directly to a project, all travel expense
incurred on any project should be considered a direct cost. As a result, project
related travel, whether reimbursable per the contract terms or not, should not be
included as an indirect cost.
e.
Ability to trace from invoices submitted to DEPARTMENT to job cost records and
original, approved source documents, for example, time sheets, vendor invoices,
canceled checks.
f. Ability to reconcile job cost records to the accounting records.
. Compliance with cost principles described in the Code of Federal Regulations 48, Federal
Acquisition Regulations System (FAR), Chapter 1, Part 31. Information on how to obtain this
regulation is described under "Audit Criteria" in this brochure.
. Procedures to monitor and adjust projected overhead rates to actual rates.
. Controls to ensure that written approval is obtained prior to any changes to the contract.
. Procedures to retain accounting records and source documentation as required by the terms
of the contract.
. A system of internal control which provides reasonable assurance that assets are protected;
financial data, records and statements are reliable; and errors and irregularities are promptly
discovered, reported, and corrected. The elements of a system of internal control should
include, but not be limited to, the following:
a.
Separation of duties for proper protection of assets. Incompatible duties are
lhose that place any person in a position to both perpetrate and conceal errors or
irregularities in the normal course of business. For example, the person who
writes checks should be different from the person who reconciles bank
statements and the person who purchases goods should be different from the
person who receives goods.
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b.
Limiting access to assets to only authorized personnel who require these assets
in the performance of their assigned duties. For example, blank check stock
should be locked in a safe when not in use.
c. Authorization and record keeping procedures which provide effective accounting
control over assets, liabilities, revenues, and expenditures.
d. A system of practices to be followed in the performance of duties and functions.
Such a system normally includes policies and procedures which establish the
purpose and requirements of the accounting system. For example,
timekeeping practices should ideally provide for the following:
Timesheets be prepared, signed, and dated by all employees.
Timesheets be completed in non-erasable ink.
Timesheet corrections be crossed-out and initialed by the employee.
Timesheets be signed by a supervisor as reviewed and retained on file
as required by the contract.
e.
Personnel with skills and training commensurate with their responsibilities.
f. A system of internal review. For example, bank reconciliations and travel
expense claims should be reviewed approved and signed by a supervisor.
AUDITS
Contractors, whether a prime or subcontractor, performing under a negotiated contract with
DEPARTMENT are subject to the following audits:.
PREAWARD AUDITS
Prior to the award of a contract, the DEPARTMENT Audits and Investigations will conduct a
preaward audit to determine if the contractor's accounting system is adequate to accumulate and
segregate costs as detailed in the previous section and to determine if the proposed costs are
reasonable. The audit alerts both the contractor and DEPARTMENT management to problems
relative to the contractor's cost proposal and cost accounting system. Due to time constraints in
the award process, your cooperation in scheduling the pre award audit with short notice will
expedite the execution of your contract. . .
INTERIM AUDITS
Interim audits are performed on an as needed basis. During the preaward audit, if it is
determined that the contractor's accounting system is new or minor deficiencies are noted, an
interim audit is scheduled to determine that the system is functioning adequately to ensure that
billed costs are supported and that any deficiencies were corrected. An interim audit may be
requested by the
contract administrator or by DEPARTMENT management to address concerns during the course
of the contract. Also, an audit manager may initiate an interim audit of a long duration contract to
ensure that costs reimbursed to date are allowable.
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POST AUDITS
Post audits of contracts are performed routinely after project completion. Post audits are
performed 10 determine whether the costs claimed are allowable. allocable. reasonable, and in
compliance with the Federal and State laws and regulations as well as the fiscal provisions
stipulated in the contract. The examination includes reviews of applicable laws and regulations,
the contract requirements and the contractor's internal controls systems. Audit tests of the
contractor's accounting records and other auditing procedures considered necessary will also be
performed. Applications of all audit procedures would also be governed by the individual contract
under audit. Unsupported or unallowable costs are normally the result of weaknesses in the
accounting system and will be reimbursed to DEPARTMENT.
To provide contractors with a procedure for obtaining prompt and equitable resolution to a dispute
arising from a post-audit of a non-highway construction cost reimbursement contract,
DEPARTMENT has established an Audit Review Committee (ARC). Information explaining the
ARC should be found in your contract and/or as an attachment to the post-audit report.
AUDIT CRITERIA
For specific information regarding basic cost accounting systems and applicable State and
Federal regulations, please see the following:
Code of Federal ReQulations 48, Federal ACQuisition ReQulations SYstem, Chapter 1. Part 31
This regulation contains cost principles and procedures for the pricing of contracts/subcontracts
and the determination, negotiation, or allowance of costs. Contact:
Superintendent of Documents
Government Printing Office
Washington, DC 20402
Washington D.C.
San Francisco
Los Angeles
(202) 783-3238
(415) 512.2770
(213) 239-9844
California State Administrative Manual
A reference source for statewide policies. procedures, regulations, and information. Contact:
Office of State Publishing
Department of General Services
(916) 445-2295
For review of the above references, contact your local library or the California State Library.
California State Library/Library and Courts Building
914 Capitol Mall
P. O. Box 942837
Sacramento. CA 94237-0001
Information: (916) 654-0261
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Contract No. 74A0207
Attachment I
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For assistance in establishing an accounting system which will meet the objectives outlined in this
brochure, you should contact an accountant and/or bookkeeper who is familiar with cost
accounting systems.
DEPARTMENT is an affirmative action employer. Equal opportunity is offered to all regardless of
race, color, creed, national origin, ancestry, sex, marital status, disability, religious or political
affiliation, age or sexual orientation. Contractors that contract with DEPARTMENT are
responsible for taking necessary and reasonable steps to achieve these same goals.
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Contract No. 74A0207
Attachment II
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ATTACHMENT II
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'''''LUTION NO. ",,-m OR I GIN Ii L
RESOLUTION OF THE MA YOR AND COMMON COUNClL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE DEVELOPMENT SERVICES
DEPARTMENT TO APPLY FOR AND ADMINISTER A .COMMUNITY-BASED
TRANSPORTATION PLANNING GRANT FROl)f CALTRANS IN THE A!."OUNT OF
5250,000 TO PREPARE THE 1-210 CORRIDOR ENHANCEMENT PLAN.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
9 SECTION I. The Mayor and Common Council of the City of San Bernardino hereby
10 authorize the Development Se/Vices Department to apply for and administer a California
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Department of TransporlBtion (Caltrans) Community-Based Transportation Planning Granl in the
amount of 5250,000. The grant funding shall be used to prepare the [.210 Corridor Enhancement
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It 14. Plan. Upon award of the grant, the Mayor shall be authorized to execule a Fund Transfer
15 Agreement with Caltrans. Expendiluressh.all be made in accordance with the budget as approved
16 in the CBTP Grant application.
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Contract No. 74A0207
Attachmenlll
Paoe 2 of 2
2004-325
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RESOLUTION...AUTHORIZING THE DEVELOPMENT SERVICES DEPARTMENT
TO APPLY FOR AND ADMINISTER A COMMUNITY-BASED TRANSPORTATION
PLANNING GRANT FROM CAL TRANS IN THE AMOUNT OF 5250,000 TO
PREP ARE THE 1-210 CORRIDOR ENHANCEMENT PLAN.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a joint regular
meeting thereof, held
7 on the 11 th day of Ot tober
, 2004, by the following vote, to wit:
8 Council Members:
AYES
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ABSTA~ ABSENT
9 ESTRADA
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a~ h CLv../:.
Ci terk
The foregoing resolution is hereby approved this 12th day of October ,2004.
.,/"
Approved as to
form and legal content:
ith Valles, Mayor
ity of San Bemardino
JAMES F. PENMAN, City Attorney
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Contract No. 74A0207
Attachmenllll
Page 1 of 12
ATTACHMENT III
1-210 CORRIDOR ENHANCEMENT PLAN
ENVIRONMENTAL JUSTICE PROJECT SUMMARY
The purpose of the 1-210 Corridor Enhancement Plan will be to identify and prepare a
strategy to capitalize on opportunities for economic development and improved mobility
associated with the new regional transportation corridor, while avoiding its potential
adverse impacts. The Plan will address the need for urban renewal and neighborhood
revitalization to set the scene for investment in new development. With extensive public
involvement, the Plan will set priorities for land uses and transportation improvements
that will best serve local residents and the community at large. Finally, and equally
important, the Plan will identify deficiencies in the existing freeway improvements and
recommend solutions that should be addressed before problems worsen. The City will
enlist the support and participation of community-based organizations to achieve broad-
based community outreach and public involvement in the planning process. The 1-210
Corridor Enhancement Plan will help ensure that the new freeway will have a positive
effect, overall, on the City of San Bernardino.
REVISED PLAN SUMMARY
The 1-2l 0 Corridor Enhancement Plan will be a strategic plan for addressing land use and
transportation issues in the 1-210 Corridor. The focus of the Plan will be to sustain and
improve the quality of life in existing neighborhoods, while taking advantage of
economic development opportunities that will come with completion of the 1-210.
freeway. The 1-210 Corridor Enhancement Plan will be prepared with extensive
community involvement, and will contain the following strategy elements:
? Freewav Screenina Strateav: This element will identify needs and contain
strategies for providing additional landscaping or other screening methods to
improve the appearance of"the freeway structure and sound walls, as seen
from the surrounding neighborhoods. As 1-210 construction progresses from
west to east, it may become apparent that additional screening may be
required to improve compatibility with adjacent neighborhoods. The Freeway
Screening Strategy will identify planned sound wall locations and freeway
support structures that may require additional screening, and it will contain
concept plans to improve screening with landscaping, development of
adjacent structures, or use of public art.
Noise Attenuation Strateav: This element will identify deficiencies in noise
attenuation needed to protect residential areas adjacent to existing segments of
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Contract No. 74A0207
Attachment III
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SR-210, and recommend a strategy to alleviate the existing problem, hopefully
before it worsens. Although construction of sound walls would not be an eligible
expense under the EJ program, an assessment of existing and future noise
impacts, determination of potential solutions and a strategy for achieving noise
reduction are all necessary steps consistent with the EJ program. The 1-210
Corridor Enhancement Plan Noise Attenuation Strategy will involve the
community in identifying problem areas, review potential alternatives (if any) to
typical sound walls, and set priorities and identify potential funding sources for
implementation.
~ Multi-Modal Mobility Strateay: The purpose of this element is two-fold: prevent
construction of the freeway from dividing established neighborhoods on
opposite sides of the freeway corridor, and enhance non-motorized mobility
throughout the project area. Beginning with a review of the existing City of
San Bernardino Bikeway Master Plan and the surface street modifications
associated with the freeway project, an assessment of pedestrian and bicycle
access needs will be prepared. This strategy element will present
recommendations to maintain connectivity between existing neighborhoods
on both sides of the freeway, including plans to maintain bicycle and
pedestrian access where street connections are discontinued (ie: Macy
Street). The Multi-Modal Mobility Strategy will also address unmet transit
needs in the Westside. Extensive coordination with Omnitrans will be required
to explore the potential for new or expanded transit service in the project
area.
~ State Street Corridor Improvement Strateay: The State Street Corridor is
vitally important to various strategy elements of the 1-210 Corridor
Enhancement Plan. As a new interchange on 1-210, the State Street ramp
facilities will be addressed in the Freeway Screening Strategy, and the Multi--
Modal Mobility Strategy will address the need for transit and pedestrian
improvements. Since the primary purpose of the State Street Corridor
Improvement Strategy is to enhance opportunities for economic development
related to the new interchange, this task will be combined with the Economic
Development Strategy. A concept plan and identification of potential funding
sources for streetscape improvements, including decorative walls, transit
amenities, shade trees and other features needed to improve the appearance
and function of State Street will be part of the Economic Development
Strategy.
Vehicle Trip Reduction Strateay: Although initially proposed as a separate
strategy element of the Final Plan, the Vehicle Trip Reduction Strategy will be
presented within the Multi-Modal Mobility Strategy, addressing alternatives to the
"drive alone" mode of travel to work and peak-hour trip reduction. The Vehicle
Trip Reduction Strategy will assess the potential for a park & ride facility and/or a
transit stop for peak-hour commuter bus service. The transit stop may serve a
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Contract No. 74A0207
Attachment I"
Page 3 of 12
park & ride lot to facilitate carpooling, or it may be a stop for a future commuter
bus route on the 1-210 corridor. These alternatives will be considered in a joint
review with Omnitrans of short and long-range transit service plans. In
conjunction with the land use analysis for the Economic Development Strategy,
some acreage near a freeway interchange (possibly State Street) that is not
suitable for commercial development may be identified as a potential park & ride
facility and/or a transit stop. A park & ride concept plan will be included in the
Multi-Modal Mobility Strategy, if appropriate.
Economic Develooment Strateav: This element will identify economic
development opportunities that can be expected to result from completion of the
1-210 freeway, which will introduce thousands of new daily vehicle trips through
the planning area. The State Street interchange and surrounding neighborhood
will be a new gateway entry to the City of San Bernardino, providing a first
impression of the City for eastbound motorists on 1-210. The success of the
Economic Development Strategy will be highly dependent on other elements of
the Plan that address the aesthetic issues of streetscape improvements and
neighborhood revitalization that will make the area more attractive to investment.
This strategy element will include a conceptual land use plan for areas adjacent
to the State Street on and off-ramps and possibly other interchanges suitable for
new development, to define priorities and objectives for commercial or other land
uses. The purpose of involving the community in this exercise is to encourage
development that will be welcome within the planning area.
>- Neiohborhood Revitalization Strateoy: This element will identify strategies to
beautify and revitalize Westside neighborhoods, in order to encourage high-
quality infill development and new commercial development opportunities
and, of course, to improve the living conditions of Westside residents. The
initial task associated with this effort will be to assess existing conditions and
set priorities for property rehabilitation and improvements needed to turn the
Westside into a gateway of opportunities and urban renewal. The next step
will be to identify existing resources for neighborhood improvements and
housing rehabilitation that may not be utilized to their fullest potential in the
area, and to make people aware of them. One of the benefits of an inclusive
public involvement program is the opportunity to educate people about help
that is already available, and to bring groups together that can help each
other and work together to solve problems in the future. With a network of
motivated stakeholders willing to work for each other's benefit, the final step
in the revitalization strategy will be to identify resources for continued
improvement of Wests ide neighborhoods.
Transit-Oriented Desion Strateov: This strategy will focus on applying "smart
growth" principles and creating opportunities for land development that will
complement and support transit usage. Increasing the number of people who live
within walking distance of transit service will increase the number of riders,
making the service more efficient. The more ridership increases, the more the
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Contract No. 74A0207
Attachment III
Page 4 of 12
transit service can be expanded with more extensive routing and more frequent
service. A good strategy to maximize infill residential development and
encourage addition of residential uses with commercial development is needed
throughout the project area, and there may be potential for a transportation
village concept adjacent to the "E" Street Rapid Transit Corridor. Rather than
existing as a separate element of the Final Plan, the Transit-Oriented Design
Strategy may be incorporated in other strategy elements, including the
Neighborhood Revitalization Strategy and Economic Development Strategy.
PUBLIC PARTICIPATION METHODS
Community stakeholder involvement and grass-roots public participation witl'be essential
to developing the various land use and transportation strategies of the I-2l 0 Corridor
Enhancement Plan. Each strategy element of the Plan will be prepared through a
collaborative process involving area residents, businesses and community organizations.
The Public Par1icipation Strategy includes creation of a network of community
organizations willing to continue to work together to implement strategies contained in
the Plan. Public participation will occur throughout the program, by the following
methods:
" Public Outreach: Initial outreach to the public, announcing and inviting the
public to participate in the 1-210 Corridor Enhancement Plan will include
advertisement in the local newspaper, as well as targeted outreach to
community-based organizations. The planning program will also encourage
and rely somewhat on word of mouth to bring affected stakeholders to the
table. Beginning at the initial public meeting, sign-in sheets will be used to
maintain mailing lists of all parties interested in the plan, and those interested
in particular strategy elements and the charrette program. Web-based
information will also be made available, either through the City's web site, or
possibly as a dedicated project web page.
" Community-Based Oraanizations: Through public outreach, assisted by word
of mouth, the '-210 Corridor Enhancement Plan project management team
will solicit participation' by local non-profit service providers, faith-based
organizations, schools and other public agencies that serve the community.
Including CBO participants' on the City's project team will help to ensure
effective outreach to key stakeholders and community leaders. The City's
goal will be to establish a network of community-based organizations (CBO's)
that will carry on and implement the strategies of the 1-210 Corridor
Enhancement Plan through their own organizational and group activities in
the future.
" Charrettes: Community charrettes (round-table discussion workshops) will be
the method and forum for collaboration with community stakeholders on the 1-
210 Corridor Enhancement Plan. At least one charrette will be held for each
strategy element of the Plan. Follow-up charrettes may be scheduled as
Contract No. 74A0207
Attachment III
Page 5 of 12
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needed on individual topics, or perhaps combining two or more related topics.
Each charette will consist of facilitated group discussion of planning issues
related to the charrette topic, including background data to frame the
discussion and keep the group informed of reasonable parameters for their
planning efforts. For example, a charrette discussion of economic
development strategies will begin with an overview of estimated market
demand for a variety of potential land uses and a few examples of
approaches used in comparable corridor areas. The ensuing discussion by
charrette participants will be recorded and facilitated by the consultant.
Charrette group conclusions and recommendations will be incorporated in the
1-210 Corridor Enhancement Plan as strategies and/or concept plans.
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. ~ Presentations: The initial public outreach will announce a kick-off meeting,
where interested individuals and ceo representatives will hear an overview
presentation of the goals and objectives of the EJ program and the 1-210
Corridor Enhancement Plan. At this initial meeting, the format and method of
the planning process will be explained, including the charrette concept. Upon
completion of the individual strategy elements, a final public meeting will be
held to present the 1-210 Corridor Enhancement Plan to a gathering of all
charrette participants, as well as the general public. At this final meeting, the
1-210 Corridor Enhancement Plan will be presented to the community as their
plan. Charrette participants, particularly the CSO's, will be encouraged to
keep the Plan alive by incorporating its concepts and implementing its
strategies in all their future endeavors.
CONSULTANT SERVICES
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In keeping with the stated purpose and expenditure eligibility criteria of the
Environmental Justice grant program, the emphasis of the 1-210 Corridor'
Enhancement Plan will be development of conceptual plans and land use and.
transportation improvement strategies with extensive grass-roots public
involvement. Consultant services will be contracted to guide and facilitate
community-based planning efforts, and to prepare concept plans, renderings
and/or reports as finished products for each strategy element of the Plan.
Primary consultant services for preparation of the various program strategies will
be provided by professional planning consultants and/or subcontractors with
expertise in specialty services required to complete the scope of work. The City
intends to seek ceo involvement to serve in a consulting capacity on this project
as well. The RFP will be structured to allow one or more community-based
organizations to propose to provide services required to complete the plan,
according to their service capabilities. All consultant services will be solicited
through an open, competitive Request for Proposals (RFP) process. It is
anticipated that CSO consulting services would be focused on assistance with
public involvement. However, the RFP will be structured to allow CSO's to
propose to provide any services they may be qualified to perform.
Contract No. 74A0207
Altachmentlll
Page 6 of 12
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The RFP for consultant services will be an inclusive solicitation. It will be
advertised locally and posted on the City web site. The City will mail the RFP to
several consulting firms known to the City to be capable of providing the required
planning services. In addition, the City will mail the RFP to several community-
based organizations known to be familiar with the planning area and capable of
assisting with public outreach, networking of CSO's and faith-based
organizations, and community relations.
The following is a preliminary list of community-based organizations to receive
the RFP and to be invited to become involved in the 1-210 Corridor Enhancement
Plan. Other agencies identified prior to release of the RFP may be added. These
and other agencies as may be identified will be invited to submit proposals or at
least to participate in the planning process:
" Arroyo Valley Community Economic Development Corporation
" The Hispanic Roundtable
" Home of Neighborly Services
" Central City Lutheran Mission
e " Community Homes, Inc.
The City staff will oversee consultant services and will consult and involve other public
agencies as needed, including Omnitrans. Any consultant service contract(s) associated
with preparation of the 1-210 Corridor Enhancement Plan will comply fully with the
Uniform Administrative Requirements for Grants and Cooperative Agreements to State
and Local Governments, and Disadvantaged Business Enterprises (DBE) participation.
program requiremenfs.
DETAILED TASK DESCRIPTIONS AND SCHEDULE 74A0207
Consultant Selection and Start-Up
May 1, 2006 - June 5, 2006
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This task includes release of Requests for Proposals (RFP's) for consultant/CBO services,
proposal review, evaluation, interviews and the contracting process. The RFP's will
describe the required services, budget and schedule, relying primarily on this scope
document. The schedule assumes a start date of May I, 2006 with 2 weeks advance
preparation by the City staff to release the RFP as the first project activity on May 1. Two
weeks will be provided for consultants to prepare proposals, followed by 3 weeks for
proposal evaluation, selection and presentation of consultant contracts for approval by the
Mayor and Council.
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The City will solicit consultant services for preparation of the I-2l 0 Corridor
Enhancement Plan. With the assistance of Caltrans District 8, the City will select a
professional planning consultant for technical background analysis, meeting facilitation
and development of the strategies and recommendations described in the scope of work.
In addition to these technical services, the City will seek to contract with one or more
community based organizations to assist with public outreach, plan for and help interpret
public input through the charrette process.
Deliverables: . Two Requests for Proposals - Ito Planning Consultants, lto CBO's
. Two or more service contracts
Responsible Party: City
Backl!round Analvsis
May 1, 2006 - June 30, 2006
The schedule for this task overlaps contracting and start-up of consultant services, as City
staff will be assembling background materials that may be available for immediate start-
up upon approval of consultant service contracts. Once consultant services begin,
extensive background analysis will be required to thoroughly assess existing conditions
in the project area, as well as the feasibility of basic strategy alternatives prior to
initiating community involvement. For instance, a market analysis will be conducted to
identify feasible options for economic development prior to holding any public meeting
for the purpose of discussing economic development strategies. In this way, discussion of
the community's desires and priorities for economic development can be focused on
feasible alternatives. The timeframe for background analysis continues beyond the initial
public outreach and first charrette meetings, since background data will be put to use as it
becomes available, and concerns of the public voiced in initial contacts may affect the
scope or content of background analysis.
Prior to engaging the public in discussion of issues and strategies for enhancement of the
corridor, the planning consultant will conduct background research for each strategy element.
This research will include field review and orientation, consultation with Caltrans and
SANBAG to become familiar with the status and scope of the 1-210 construction project,
a review of City land use plans and improvement programs, as well.as technical research,
including economic and acoustical analyses. With the background analysis, the consultant
will prepare draft background reports, initial options for enhancement strategies and
outlines for presentation of background data and discussion of strategy options at the first
round of charrettes. The background reports may be refined after discussion with the
community through the public participation process.
Deliverables: . Five draft background reports
. Five outlines for the first round of charrettes
. Summary data and schedule information for CBO outreach
Responsible Party: Planning Consultant
Contract No. 74A0207
Altachmentlll
Page 8 of 12
.
Initial Outreach and Presentations
May I, 2006 - May 31, 2006
This task includes identifying conununity groups that should be contacted, invited to
participate or asked to assist in some way with the project charrettes or agency
coordination. The initial outreach process should identify a small network of community-
based organizations (CBO's) and individuals that will work with the project team to get
stakeholders involved in the planning process. The network will grow as the project
moves forward and participants are tracked on sign-in sheets, interest cards, etc. for
further contact. Initial outreach will also include contacts with agencies, such as
Omnitrans, to inform them of the project objectives and to arrange meeting times to
gather background data and discuss strategy alternatives to be addressed in the Plan.
Finally, this task includes preparation of presentation materials to introduce and explain
the project in initial meetings with agencies, CBO's or the public. The 2-month schedule
includes outreach, limited meetings with small groups, and probably an initial all-hands
public meeting to kick off the planning process and identify participants' areas of interest
for future participation in one or more charrettes.
The planning process will rely heavily on the CBO contractor(s) to reach out to
community organizations to form a network for the planning process, to find hosts for
community charrettes, and to conununicate community issues and concerns to the
planning consultant and the City. This will entail outreach and explanation of the
. program to various community contacts.
Deliverables: . Contact list, schedule and venues for charrettes
. Memo to City staff, identifying initial community concerns and issues
Responsible Party: C80(s), in coordination with Planning Consultant
Cbarrettes
June 1, 2006 - August 31, 2006
The Initial Outreach task will establish a schedule of charrette meetings, as well as a list
of organizations or individuals interested in participating in charrettes on particular
topics. The number and organization of the charrettes may be modified somewhat after
consultation between City staff and the consultants coordinating public outreach and Plan
content. At this point, a total of ten charrettes are planned; two per strategy element topic.
For each of the five strategy topics (freeway screening, noise attenuation, multi-modal
mobiliiy, economic development and neighborhood revitalization) two charrettes will be
held as follows:
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. Charrettes 1-5: For those who were not involved in the Initial Outreach
activities, the first charrette will begin with a brief overview of the 1-210
Corridor Plan, its purpose and the planning process. It will be important to
explain the intended final product, outcome and anticipated next steps, so that
participants will not develop false expectations, or try to steer the plan in a
different direction to achieve another end. The first charrette will present
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Contract No. 74A0207
Attachment III
Page 9 of 12
relevant background information and provide guided, facilitated discussion to
outline the desires, priorities and apprehensions of the community regarding
the charrette topic.
· Charrettes 2-10: The public input from the first charrette may bring up
questions or concerns requiring further analysis, and may present conflicting
views and controversy. The consultant team will work with the background
analysis, considering a consensus of participants' views and input, to outline a
strategy or develop alternative strategies for the topic at hand. The purpose of.
the second charrette will be to discuss the strategy outline for the given topic
and reach a consensus for the content of the Draft Strategy for the given topic.
The purpose of the charrettes will be to involve the community in the interpretation of
background data, consideration of the issues and formulation of strategies for
enhancement of the quality of life in the 1-210 corridor. The planning consultant will
facilitate the charrettes and record/document the input of the participants. The CBO
contractor(s) and City staff will attend and assist with the meetings. The CBO
contractor(s) will assist in the maintenance of contact lists and the interpretation of public
input for the meeting summaries. The planning consultant will be responsible for
presenting relevant information for charrette participants to consider in the planning
process, and for preparing a plan that reflects the desires and priorities of the community,
as expressed during the charrettes.
Deliverables: . Ten facilitated community charrettes
. Ten charrette meeting sununaries
Responsible Party: Planning Consultant, with consultation of CBO(s)
Preparation of Draft Stratel!V Elements August I, 2006 - November IS, 2006
This task entails synthesizing the background data and priorities identified by the
community in the Charrettes to prepare the Draft Strategy Elements of the 1-210 Corridor
Enhancement Plan. Some of the strategies described in the original project proposal may
be combined, as described under REVISED PLAN SUMMARY.. TtIts is an
organizational revision, only. All content described in the original proposal will be
included in the Plan. However, the organization and content of the plan components !MY
change as a result of the planning process. Tentatively, the 1-210 Corridor Enhancement
Plan will be comprised of the following elements:
· Freeway Screening Strategy
. Noise Attenuation Strategy
· Multi-Modal Mobility Strategy
· Economic Development Strategy
· Neighborhood Revitalization Strategy
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Contract No. 74A0207
Attachment III
Page 10 of 12
After the first round of charrettes, the planning consultant will prepare preliminary
strategies for each of the five subject areas: freeway screening, noise attenuation, multi-
modal mobility, economic development and neighborhood revitalization. These strategies
will be discussed in the second round of charrettes, and then the draft strategy elements
will be completed. The key content of each strategy will be recommendations for next
steps to be pursued by the City and the community network established through the
planning and outreach process. Ideally, the recommendations for future action should be
achievable with no new funding requirements, utilizing existing programs and resources
as much as possible.
Deliverables: . Five preliminary draft strategy outlines (after I Sl round of chaiTettes)
. Five draft strategy elements (after 2nd round of charrettes)
Responsible Party: Planning Consultant, with consultation ofCBO(s)
Final Plan Preparation
November 15,2006 - December 29, 2006
The Draft Strategy Elements will be compiled to comprise the Final 1-210 Corridor
Enhancement Plan. This task includes a final review of the complete plan with groups
and individuals who participated in its development, to allow for final refinements and to
verify concurrence of the community prior to presentation to the Mayor and Common
Council.
This final step in the project will complete the Final 1-210 Corridor Enhancement Plan,
including all background reports, acknowledgement of participants, summaries of public
input, and final recommendations of each strategy element.
Deliverable: Final 1-210 Corridor Enhancement Plan
Responsible Party: Planning Consultant, for approval by City
Final Plan Presentation
January 2, 2007 - February 28, 2007
This is the final task of presenting the completed plan with the Mayor and Common
Council. Upon completion of the presentation, and assuming acceptance and endorsement
by the City, the final plan will be disseminated to groups that participated in the planning
process. This will serve as a guide for all participants of the "next steps" to be carried out
to implement the strategies of the 1-210 Corridor Enhancement Plan. Ideally, this plan
will be a starling point for several groups within the community to take up the strategies
and concepts presented in the plan and bring them to fruition. Endorsement by the Mayor
and Common Council will ensure a common purpose and coordinated strategy for future
improvements and development of the 1-210 Corridor in the City of San Bernardino.
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BUDGET
Contract No. 74A0207
Attachment III
Page 11 of 12
In accordance with the Environmental Justice grant program, 10% of the grant funding
amount will be added to the project budget from local funds, and 50% of the local match
will be in the fonn of in-kind services of the City. The budget may be summarized as
follows:
EJ Grant award from Caltrans:
City match from General Fund:
Total Available for Contract Services:
In-Kind Service match by City or CBD's:
. Total Project Budget:
$237,500
11.875
$249,375
11.875
$261,250
Attacbment: 1-210 Corridor Enbancement Plan
Project Scbedule and Funding Summary Cbart
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Attachment III
Page 12 of 12
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