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HomeMy WebLinkAbout18-Development Services From: Dept: Date: FileNo. ORIGINAL CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION Valerie C. Ross, Director Subject: Resolution awarding contract to Skanska USA Civil for installation of additional temporary support for the Mt. Vernon Bridge over the BNSF (BR#54C0066). Development Services September 16, 2008 1.7121 MCC Date: October 6, 2008 Synopsis of Previous Council Action: 03-04-96 11-04-96 05-19-97 03-15-99 07-06-99 09-07-99 12-01-03 03-15-04 06-07-04 09-02-08 Approval given to submit request for authorization of funds under Federal Aid Highway HBRR Program. Approval of $20,000 for preparation of conceptual plan. Authorization to execute agreement for professional services with DMJM for conceptual plan approved. Adopted Resolution authorizing execution of professional engineering services agreement with Parsons Brinckerhoff Quade & Douglas, Inc. Approved Budget carry-over of $498,200 in Account No. 129-367-5504-7121 as local matching funds for Mt. Vernon Grade Separation at BNSF. Authorization to execute agreement with Parson Brinckerhoff Quade & Douglas Inc. for Professional Engineering Services. Adopted resolution approving Professional Environmental Services Agreement with Myra L. Frank and Associates for environmental services related to the Mt. Vernon Bridge Project. Adopted Resolution authorizing the execution of Professional Services Agreement with Lim & Nascimento Engineering Corporation for the Project Management of the Mt. Vernon Ave. Viaduct over the BNSF railroad. Adopted Resolution No. 2004-154 awarding contract to Yeager Skanska for installation of temporary support for Mt. Vernon Bridge. Adopted MC-1283 prohibiting all commercial vehicles except for commercial pickup trucks, vans, and passenger cars on Mt. Vernon A venue between 5th Street and 2nd Street. Recommended Motion: Adopt Resolution. ~ U. 1<1#' Valerie C. Ross Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: 8taffReport, Map, Letter, Reso. Ward: & Agreement I FUNDING REQUIREMENTS: Amount: $ 36,000 Res 0 Source:(Acct. No) 129-367-5504-7121 Acct. Description: Mt. Vernon Bridge (8804-12) Finance: Z 008 -.:5 82... Agenda Item No. IB , 1'1_'. .IJQ CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution awarding contract to Skanska USA Civil for installation of additional temporary support for the Mt. Vemon Bridge over the BNSF (BR#54C0066). Background: On June 3, 2004, Caltrans issued a report, which resulted from an in-depth "fracture critical" steel inspection on the Mount Vemon Bridge. During the inspection, Caltrans Inspectors determined that various steel members were cracked. These cracks occurred at one span, towards the north end of the bridge in the southbound lanes and toward the south of the bridge in the northbound lanes. Caltrans recommended immediate closure of the entire bridge. The City concurred and completed the closure on June 4, 2004. During the closure, shoring was installed under terms of an emergency contract with Yeager Skanska (now called Skanska USA Civil). Installation of the shoring was completed on October 4, 2004 and the bridge was reopened to traffic, except that large trucks were prohibited from using the bridge. The shoring is still in place and has been inspected and maintained on an annual basis. A recent inspection by Morris Engineering (original designer) indicated that the shoring is still in good condition. Some minor adjustments to tighten a few wedges was the only maintenance required. These adjustments were made during the inspection. On May 16, 2008, the City was notified of a follow up inspection by Caltrans inspectors that revealed cracks in two additional girders previously not found. The cracks were found in span 6 adjacent to bent 7 near the south end of the bridge. Staff immediately engaged Morris Engineering, Inc. to prepare design plans for shoring the location of the newly discovered cracks. On September 2, 2008, the bridge was closed to all commercial vehicles except passenger cars and light pick up trucks. This action was taken in order to prevent further deterioration of the bridge due to heavy commercial vehicle loads. Morris Engineering, Inc. completed the additional shoring plans on September 10, 2008 and Skanska provided the attached "Estimate Proposal" in the amount of $27,000 to perform the work. The final cost will be based on Time and Materials; however, the cost is expected to be less than $27,000. Staff is seeking authority to contract with Skanska to install the additional shoring. Skanska installed the original shoring in 2004 and is currently under contact to perform annual maintenance on the existing shoring. Under the provisions of Chapter 12.20 of the Municipal Code, this project is defined as "repair or maintenance" and is, therefore, exempt from the requirement for competitive bidding. 2 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) The estimated costs are as follows: Construction Contract Construction Engineering and Inspection Contingencies $27,000 4,500 4.500 Total Cost $36,000 Financial Impact: Purchase Order No. 998071 was issued to Yeager Skanska on July 29,2004 to install and maintain the original shoring. Sufficient funds are available in the Purchase Order to cover the cost of installing the additional shoring and annual maintenance of all the shoring until it is removed for the bridge reconstruction. Based on current scheduling, that will occur in approximately 3 years. Recommendation: Adopt Resolution. 3 . . . . ~~'" R-illt:q Ifl ~I I~ le"iO L:a)jJeM[~J -.---J -(I)-' QJ 0 s=spJ6(J ~ L I ~ =:]1 I[~ ~ ,~:~ J ~ IS:>I:S :=]1 IL~\ i~~~~~~ S N D _ 1 U (/) NJ ~ \~E I -SJ ~DD · ~ g"E D - I ....u... t) .-.--J 2_ E ~ ~ 11 I Garner-[Je D DU nlQ..l . ~ ~ ; D~ lJ.a:::::::J D D r;- I ~ ... ell ~ 0 n 6j.g> IS lead ":3 ~~<.!: ,0) O:::::::J I L:" "< L ",.-v 2_~ ~ ~_-D CL~~,JJ[l- ~ [J D[J I \~ ~I[j~ or-ll L n ~ ~I~~ ~ ~ "ls=aaeJ I}; Ia:N ::-1 UI ~lf _ c (/) ~ E - jQl D~ '" -U ~ ~ ~ '8JD 0 0 JaJ~~ I P'lj JD ~n ~ I" "1' DrfUX1'"~' -{ I r9]Vv\F~ I.' . ~ U (~~ ~19 ~ frl :~~ic~."~ ~ Ik~V/ ~~ II J ~ -~." U r U J .~ u JO" IJI b~~i -N D . St a. 05 l ~ ~ . .... .,; Ll qs:-r~~- ~ -dl~ CSanta-Fe-'l' ~ '"' '" ~ t i ~ z " o o & ~ Ti- :&:: .2 = " v g \ ~ SKANSKA Skanska USA Civil 1995 Agua Mansa Road Riverside, CA 92509-2405 Phone (951)684-5360 Fax (951) 788-2449 ESTIMATE PROPOSAL: Good for 30 days. unless otherwise snecified. TO: ADDRESS: CITY/STATE/ZIP: City of San Bernardino DATE: PHONE # FAX # September II, 2008 909-987-7788 909-481-6585 JOB LOCATION: Mt Vernon Bridge Shoring ATTENTION: Mike Grubbs ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL Temporary Support of Bent South Side EA $ 27,000.00 $ $ $ $ $ $ $ 27,000.00 Budget Number Only 27,000.00 Socci.. C:ondition~ I Oualification Permits, Design & Engineering by others 2 labor, Material and Performance Bonds can be included, if required before job starts; premiwn by others. 3 Budget number only. Project to be constructed on a Time and Material Bases. Markups per Caltrans 2006 specifications. 4 All invoices (material and rental equipment) paid actual cost plus markup 5 Skanskastandard T&M rates will be provided prior to construction 6 No rental rates on falsework material. All material will be purchased and become the property of others. SKANSKA USA CIVIL LICENSE NUMBER: I~0069 T.I.N. 95-1751673 Page 1 of 1 BY: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 <<:O)~y RESOLUTION NO. RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERl'I.\.RDINO AWARDING A CONTRACT TO SKANSKA USA CIVIL FOR INSTALLATION OF TEMPORARY SUPPORT FOR THE MT. VERNON BRIDGE OVER THE BNSF RAILROAD PER LETTER PROPOSAL, DATED SEPTEMBER 11, 2008. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION I. Skanska USA Civil located at 1995 Agua Mansa Road, Riverside, CA 92508 is a responsible bidder for Installation of Temporary Support for the Mt. Vernon Bridge over the BNSF Railroad per letter proposal dated September 11, 2008. A contract is awarded accordingly to said bidder in a not-to-exceed amount of $27,000.00; however, the exact amount will be determined based on time and material per section 9-1.03 of the California Standard Specifications for construction of local streets and roads, dated July 2002, but such award shall be effective only upon being fully executed by both parties. The City Manager is hereby authorized and directed to execute said contract on behalf of the City; a copy of the contract is attached as Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This contract and any amendment or modifications thereto shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. IIII / IIII /0-6-09 ::Jf I g 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO A WARDING A CONTRACT TO SKANSKA USA CIVIL FOR 2 INSTALLATION OF TEMPORARY SUPPORT FOR THE MT. VERNON BRIDGE OVER THE BNSF RAILROAD PER LETTER PROPOSAL, DATED SEPTMEBER 11, 3 2008. 4 1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of , 2008, by the following vote, to wit: Council Members: AYES ABSENT NAYS ABSTAIN ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2008. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: ,I~ EXHIBIT "A" AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this _ day of between the City of San Bernardino (hereinafter "City"), and Skanska "Contractor"). , 2008, USA Civil (hereinafter I. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, subject to the bonding requirements indicated below, Contractor agrees with the City, at Contractor's own proper cost and expense to perform all work necessary, including supplying all necessary equipment and material, to complete, in good workmanlike and substantial manner, the INST ALLA TION OF TEMPORARY SUPPORT FOR THE MT. VERNON BRIDGE OVER BNSF RAILROAD (BR#54C0066) in strict conformity with letter proposal, dated September 11, 2008, and Plans of Mt. Vernon Bridge - Temporary Shore, dated September 9, 2008, attached hereto as Attachment "1" and by this reference made a part hereof', and also in accordance with Standard Specifications for Public Works/Construction, 2006 Edition, on file in the Office of the City Engineer, Public Works Division, Department of Development Services City of San Bernardino, which said Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The Payment and Faithful Performance Bonds shall be filed with the Engineer before the contract is executed by the City in accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications. The contract bonds, including payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in California 3. Contractor agrees to receive and accept the time and material rates set forth in Section 9-1.03 of the California Standard Specifications for construction of local streets and roads, dated July 2002, as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement in an amount not to exceed $27,000; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and Page 1 of6 EXHIBIT" A" according to the letter proposal, dated September 11,2008, the Mt. Vernon Avenue Temporary Shoring (Calculations (sic) from Morris Engineering, Inc. bearing date of September 9, 2008, incorporated herein as Attachment"2", and the 3 pages of drawings from Morris Engineering, Inc., entitled Mt. Vernon Bridge - Temporary Shore Additional Bent @ Bent 7, Span 6, bearing date of September 9, 2008, and incorporated herein as Attachment "3," and requirements of the Engineer under them. 4. The Contractor herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry or any other class protested by law in the performance of this contract, nor shall the Contractor or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. 5. City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 6. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. 7. INSURANCE REQUIREMENTS -- Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors, as set forth below. 8. The Contractor shall defend, indemnifY and save hannless the City of San Bernardino, the State of California, the County of San Bernardino and/or any incorporated city from all claims or suits for damages arising from the performance of the contract work, as more fully described in Subsection 5-1.06 of the Standard Specifications "Contractor's Liability". 9. The Contractor agrees to protect, defend and indemnifY the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands, judgements and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. Page 2 of6 EXHIBIT" A" 10. LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, which provides that the Contractor shall fumish the City with a policy or certificate of liability insurance prior to execution of the contract. The endorsement shall be provided by and authorized agent of the insurance company and shall be notarized to that affect. ACCORD Forms are not acceptable nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. Endorsements. All of the insurance policies shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its elected and appointed boards, offices, agents, and employees are additional Insureds with respect to this subject project and contract with CITY." (b) Notice: "Said policy shall not terminate, nor shall it be canceled, 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." II. Contractor shall maintain minimum limits of insurance no less than: (a) General Liability: $1,000,000.00 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. (b) Products/Completed: $1,000,000.00 per occurrence and $2,000,000 aggregate. (c) Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage. (d) Employer's Liability: $1,000,000.00 per accident for bodily iI\iury or disease. (e) Course of Construction: Completed value of the project. 12. A combined single limit policy with aggregate limits in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) shall be considered equivalent to the said required minimum limits set forth hereinabove. 13. WORKER'S COMPENSA nON INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance before execution of the contract. Page 3 of6 EXHIBIT "A" 14. INDEPENDENT CONTRACT -- VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its 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 VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 15. Contractor warrants that it possesses and shall maintain all licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of Contractor to practice its business or profession. 16. NOTICES -- Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 17. ATTORNEYS' 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 attorneys' fees, incurred 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 Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 18. ASSIGNMENT -- VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR'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 the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 19. VENUE -- The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 20. California. GOVERNING LAW -- This Agreement shall be governed by the laws of the State of 21. SEVERABILITY -- If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. Page 4 of6 EXHIBIT "A" 22. REMEDIES; WAIVER -- All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 23. ENTIRE AGREEMENT; MODIFICATION -- This Agreement constitutes the entire agreement and the understanding between the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. //1 /1/ Page 5 of6 AGREEMENT IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written. CONTRACTOR CITY OF SAN BERNARDINO Name of Firm: SKANSKA USA CIVIL BY: Lori Sassoon, Acting City Manager City of San Bernardino BY: TITLE: ArrEST: MAILING ADDRESS: 1995 Agua Mansa Road Riverside, CA 92508 RACHEL CLARK, City Clerk PHONE NO.: (909) 684-5380 APPROVED AS TO FORM: JAMES F. PENMAN, City Attorney BY: temporary support for Mt.Vernon Bridge 10/2/08 Page 6 of6 AGREEMENT CITY OF SAN BERNARDINO THIS AGREEMENT is made and concluded this _ day of between the City of San Bernardino (hereinafter "City"), and Skanska USA Civil "Contractor"). , 2008, (hereinafter I. For and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the City, subject to the bonding requirements indicated below, Contractor agrees with the City, at Contractor's own proper cost and expense to perform all work necessary, including supplying all necessary equipment and material, to complete, in good workmanlike and substantial manner, the INSTALLATION OF TEMPORARY SUPPORT FOR THE MT. VERNON BRIDGE OVER BNSF RAILROAD (BR#54C0066) in strict conformity with letter proposal, dated September 11, 2008, and Plans ofMt. Vernon Bridge- Temporary Shore, dated September 9, 2008, attached hereto as Attachment "I" and by this reference made a part hereof, and also in accordance with Standard Specifications for Public Works/Construction, 2006 Edition, on file in the Office of the City Engineer, Public Works Division, Department of Development Services City of San Bernardino, which said Special Provisions and Standard Specifications are hereby especially referred to and by such reference made a part hereof. 2. The Payment and Faithful Performance Bonds shall be filed with the Engineer before the contract is executed by the City in accordance with Section 2-4, "CONTRACT BONDS", of the Standard Specifications. The contract bonds, including payment Bond (Material and Labor Bond) and Performance Bond shall be underwritten by a surety company having Best's most recent Insurance Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S. Department of Treasury Circular 570 and is authorized to issue bonds in California 3. Contractor agrees to receive and accept the time and material rates set forth in Section 9-1.03 of the California Standard Specifications for construction of local streets and roads, dated July 2002, as full compensation for furnishing all materials and doing all the work contemplated and embraced in this agreement in an amount not to exceed $27,000; also for all loss or damage arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work and for all risks of every description connected with the work; also for all expenses incurred by or in consequence of the suspension or discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the manner and Page] of6 according to the letter proposal, dated September 11, 2008, the Mt. Vernon Avenue Temporary Shoring (Calculations (sic) from Morris Engineering, Inc. bearing date of September 9, 2008, incorporated herein as Attachment"2", and the 3 pages of drawings from Morris Engineering, Inc., entitled Mt. Vernon Bridge - Temporary Shore Additional Bent @ Bent 7, Span 6, bearing date of September 9, 2008, and incorporated herein as Attachment "3," and requirements of the Engineer under them. 4. The Contractor herein covenants by and for himself or herself, his or her heirs, executors, administrators, and assigns, and all persons claiming under or through them, that there shall be no discrimination against or segregation of, any person or group of persons on account of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry or any other class protested by law in the performance of this contract, nor shall the Contractor or any person claiming under or through him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection of subcontractors, vendees, or employees in the performance of this contract. 5. City hereby promises and agrees with the said Contractor to employ, and does hereby employ the said Contractor to provide the materials and to do the work according to the tenns and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, in the manner, and upon the conditions above set forth; and the same parties for themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance of the covenants herein contained. 6. It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting herewith. 7. INSURANCE REQUIREMENTS -- Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors, as set forth below. 8. The Contractor shall defend, indemnify and save harmless the City of San Bernardino, the State of California, the County of San Bernardino and/or any incorporated city from all claims or suits for damages arising from the performance of the contract work, as more fully described in Subsection 5-1.06 of the Standard Specifications "Contractor's Liability". 9. The Contractor agrees to protect, defend and indemnify the City of San Bernardino against loss, damage or expense by reason of any suit claims, demands, judgements and causes of action caused by the Contractor, its employees, agents or any subcontractor, or by any third party arising out of or in consequence of the performance of all or any operations covered by the Certificate of Insurance. The Contractor, at its option, may include such coverage under Public Liability coverage. Page 2 of6 10. LIABILITY INSURANCE -- The Contractor's attention is directed to Section 7-3, "Liability Insurance", of the Standard Specifications, which provides that the Contractor shall furnish the City with a policy or certificate of liability insurance prior to execution of the contract. The endorsement shall be provided by and authorized agent of the insurance company and shall be notarized to that affect. ACCORD Forms are not acceptable nor forms signed by the broker, unless they have Power of Attorney to bind the insurance provider. Endorsements. All of the insurance policies shall contain or be endorsed to contain the following provisions: (a) Additional insureds: "The City of San Bernardino and its eJected and appointed boards, offices, agents, and employees are additional Insureds with respect to this subject project and contract with CITY." (b) Notice: "Said policy shall not terminate, nor shall it be canceled, 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." II. Contractor shall maintain minimum limits of insurance no less than: (a) General Liability: $1,000,000.00 per occurrence and $2,000,000 aggregate for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit shall apply separately to this projectllocation or the general aggregate limit shall be twice the required occurrence limit. (b) Products/Completed: $1,000,000.00 per occurrence and $2,000,000 aggregate. (c) Automobile Liability: $1,000,000.00 per accident for bodily injury and property damage. (d) Employer's Liability: $1,000,000.00 per accident for bodily injury or disease. (e) Course of Construction: Completed value of the project. 12. A combined single limit policy with aggregate limits in an amount of not less than ONE MILLION DOLLARS ($1,000,000.00) shall be considered equivalent to the said required minimum limits set forth hereinabove. 13. WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed to Section 7-4, "Worker's Compensation Insurance", of Standard Specifications, providing that the Contractor shall file a signed certification Certificate of Worker's Compensation Insurance before execution of the contract. Page 3 of6 14. INDEPENDENT CONTRACT -- VENDOR shall perform work tasks provided by this Agreement, but for all intents and purposes VENDOR shall be an independent contractor and not an agent or employee of the CITY. VENDOR shall secure, at its 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 VENDOR and its officers, agents, and employees, and all business license, if any are required, in connection with the services to be performed hereunder. 15. Contractor warrants that it possesses and shall maintain all licenses, permits, qualifications, insurance and approval of whatever nature that are legally required of Contractor to practice its business or profession. 16. NOTICES -- Any notices to be given pursuant to this Agreement shall be deposited with the United States Postal Service, postage prepaid and addressed as follows: 17. ATTORNEYS' 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 attorneys' fees, incurred 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 Attorney and members of his office in enforcing this Agreement on behalf of the CITY shall be considered as "attorneys' fees" for the purposes of this paragraph. 18. ASSIGNMENT -- VENDOR shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of the VENDOR'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 the termination of this Agreement. Regardless of CITY's consent, no subletting or assignment shall release VENDOR of VENDOR's obligation to perform all other obligations to be performed by VENDOR hereunder for the term of this Agreement. 19. VENUE -- The parties hereto agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated either in the State courts located in the County of San Bernardino, State of California or the U.S. District Court for the Central District of California, Riverside Division. The aforementioned choice of venue is intended by the parties to be mandatory and not permissive in nature. 20. California. GOVERNING LAW -- This Agreement shall be governed by the laws of the State of 21. SEVERABILITY -- If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable for any reason, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance, and the remaining provisions of this Agreement shall remain in full force and effect. Page 4 of6 22. REMEDIES; WANER -- All remedies available to either party for one or more breaches by the other party are and shall be deemed cumulative and may be exercised separately or concurrently without waiver of any other remedies. The failure of either party to act in the event of a breach of this Agreement by the other shall not be deemed a waiver of such breach or a waiver of future breaches unless such waiver shall be in writing and signed by the party against whom enforcement is sought. 23. ENTIRE AGREEMENT; MODIFICATION -- This Agreement constitutes the entire agreement and the understanding between. the parties, and supersedes any prior agreements and understandings relating to the subject matter of this Agreement. This Agreement may be modified or amended only by a written instrument executed by all parties to this Agreement. 1// 1// Page 5 of6 AGREEMENT IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year and date first above written. CONTRACTOR CITY OF SAN BERNARDINO Name of Firm: SKANSKA USA CIVIL BY: Lori Sassoon, Acting City Manager City of San Bernardino BY: TITLE: ATTEST: MAILING ADDRESS: 1995 Agua Mansa Road Riverside, CA 92508 RACHEL CLARK, City Clerk PHONE NO.: (909) 684-5380 APPROVED AS TO FORM: JAMES F. PENMAN, City Attorney )-. temporary support for Mt.Vernon Bridge 10/2/08 Page 6 of6 Attachment "1" SKANSKA Skanska USA Civil 1995 Agua Mansa Road Riverside, CA 92~2405 Phone (951 ) 684-5360 Fax (951) 788-2449 ESTIMATE PROPOSAL: Good for 30 days, unless otberwise snetified, TO: City of San Bernardino DATE: PHONE # FAX # September II, 2008 909-987-7788 909-481-6585 ADDRESS: CITY/STATE/ZIP: JOB LOCATION: Mt Vernon Brid~e Shorin~ ATTENTION: Mike Grubbs ITEM DESCRIPTION QUANTITY UNIT PRICE TOTAL Temporary Support of Bent South Side EA $ 27,000.00 $ $ $ $ $ $ $ 27,000.00 27,000.00 Budget Number Only Soed.lll C.ondition~ I Oualilieation I Permits. Design & Engineering by others 2 Labor. Material and Performance Bonds can be included, if required before job starts; premium by others 3 Budget number only, Project to be constructed on a Time and Material Bases. Markups per Caltrans 2006 specifications. 4 All invoices (malerial and rental equipment) paid actual cost plus markup 5 Skanska standard T &M rates will be provided prior to construction 6 No rental rales on false work material. All material will be purchased and become the property of others SKANSKA USA CtVIL LICENSE NU~BER: 140069 T.I.N. 95-1751673 Page 1 of 1 BY: Attachment "2" ~~~BI,~ Job No. Job Title 24031 Sheet I." Co Client Designer Revision Mount Vernon Ave. - Temporary Shoring Calculations City of San Bernardino jds Date 09/09/08 Date JOB DESCRIPTION: City of San Bernardino Mount Vernon Ave. Temporary Shoring Calcualtions Additional Bent @ Bent 7, Span 6 PREPARED FOR: City of San Bernardino 300 N. "0" Street San Bernardino, California 94218 ENGINEER OF RECORD: Jeremy D. Shively, P.E. Cal~omia # 69380, Exp. 08/30/10 The following calculations have been prepared by: 2021 E. 4" Street, Suite #220, Santa Ana. Cal~omia 92705 (714) 541-5874 fax (714) 541-5876 www.mei-civll.com Job: 24031 MORRIS ENGINEERING Client: City of San Bernardino Bridge: Mount Vernon Avenue Viaduct page~of_ BENTS Location: BENT Bent 7, Span 6 BENT LOAOING Point Loads Left Adjacent Span Right Adjacent Span Load No. 1 2 3 4 5 6 7 8 9 10 11 12 NlA NlA Tributary Length Tributary Length Total Tributary Length #N/A ft #N/A ft #N/A ft Girder Number 1 2 3 4 5 X (ft.) o 11.01 22.03 33.04 44.05 Total Load 92,500 87,500 83,000 78,500 73,500 D.L. (Ib) 39,000 34,000 29,500 25,000 20,000 L.L. (Ib) 53,500 53,500 53,500 53,500 53,500 Uniform Loads Load No. 1 2 3 4 5 Subtotal = 415,000 Description cap beam self weight Xstart 0.00 Xend 44.04 Load 117 Total Load 5,153 Ibslin^2 Ibs/in^2 in. Subtotal = 5,153 Total Bent Loading. 420,153 Post Loads X (ft) Rv (Ibs) 1 2.00 121,420 2 12.00 59,096 3 22.00 86,189 4 32.00 55,631 5 42.00 97,818 6 7 Total Load = 420,154 Top Cap Summary Top Cap Beam = HP14X117 Bending = Fb = 12,374 Ibsfln^2 Shear = Fv = 3,028 Ibslin^2 Max. Deflection = 0.02 in. Sub Cap Summary Sub Cap Beam = Bending = Fb = Shear = Fv = Max. Deflection = "> 24031 - Mount Vernon Temp. Support - Bent 7 Span 6 - HP14x117 Top Cap Beam Length: 44.05 ft Location: 0.0 fl -0.03233526 in 0.05644227 Deflection 0.05644227 68475.46 Ib-ft -185234.0 Moment 0.0 84130.85 Ib -92734.0 Shear -92500.0 12945.12 Ib/in' 12945.12 Bending Stress Tensile: 0.0 Compressive: 0.0 2695.756 Ib/in' 0.0 Average Shear Stress 2688.953 4 B~AM LENGTH = 44.05 ft ** 24031 - Mount Vernon Temp. Support - Bent 7 Span 6 - HP14xl17 Top Cap ** MATERIAL PROPERTIES A36 Steel: Modulus of elasticity 29000000.0 Ib/in2 CROSS-SECTION PROPERTIES HP14xl17 X: Moment of inertia = 1220.0 in^4 TOp height = 7.105 in Bottom height = 7.105 in Area = 34.4 i02 EXTERNAL CONCENTRATED FORCES Girder 1: 92500.0 Ib at 0.0 it Girder 2 : 87500.0 Ib at 11.01 it Girder 3 : 83000.0 Ib at 22.03 it Girder 4: 78500.0 Ib at 33.04 ft Girder 5 : 73500.0 Ib at 44.05 it UNIFORMLY DISTRIBUTED FORCES beam self weight: 117.0 Ib/ft at 0.0 over 44.05 ft LIMITS - ABSOLUTE CALTRANS (A36): Tensile = 22000.0 Ib/in2 Compressive = 22000.0 Ib/in2 Shear = 14500.0 Ib/in2 SUPPORT REACTIONS *** Simple at 2.0 ft Reaction Force =-121419.7 Ib Simple at 12.0 ft Reaction Force =-59096.34 Ib Simple at 22.0 ft Reaction Force ~-86188.78 Ib Simple at 32.0 ft Reaction Force ~-55631.3 Ib Simple at 42.0 ft Reaction Force ~-97817.7 Ib MAXIMUM DEFLECTION *** 0.05644227 in at 0.0 ft No Limit specified MAXIMUM BENDING MOMENT *** -185234.0 lb-ft at 2.0 ft MAXIMUM SHEAR FORCE *** -92734.0 1b at 2.0 ft MAXIMUM STRESS Tensile Compressive Shear (Avg) ... Ib/in2 Ib/1n2 Ib/in2 Safety Safety Safety 12945.12 12945.12 ~ 2695.756 Factor Factor Factor -1. 699 -1. 699 -5.379 Job: 24031 MORRIS ENGINEERING Client: City of San Bernardino Bridge: Mount Vernon Avenue Viaduct page~of_ BENTS Location: BENT Bent 7, Span 6 TOP CAP Top Cap Beam Type HP14X117 Number of Top Cap Beams 1 Top Cap Length 44.04 ft. Mod. of Elasticity Section Modulus Moment of Inertia 30,000,000 psi 172 in^3 1,120 in^4 Actual Bending Stress = fb = Actual Shear Stress = tv = Maximum Deflection = 12,374 3,028 0.02 Ibslin^2 Ibslin^2 in. Allowable Bending Stress = Fb = Allowable Shear Stress = Fv = 22,000 14,500 Ibslin^2 Ibslin^2 POSTS Post No. 1 2 3 4 5 6 7 Post Size tmbr12x12 tmbr12x12 tmbr12x12 tmbr12x12 tmbr12x12 No. of Posts 1 1 1 1 1 Post Load (Ibs) 121,420 59,096 66,189 55,631 97,818 Max. Unbraced Post Heigth (ft) 19.42 19.42 19.42 19.42 19.42 Adjacent to Traffic (yes or no) yes yes yes yes yes Design Load (Ibs) 182,130 88,644 129,284 83,447 146,727 F(II) - Actual (psi) 1,265 616 898 579 1,019 F(II) - Allowable (pSi) 1,273 1,273 1,273 1,273 1,273 Posts Adjacent to Traffic are Designed for 150% of Actual Load Allowable Stress Parallel to Grain = F(II) = 480,000 (1,600 psi Maximum) (Post Ht./ Least Post Dimension)^2 Tributary Width (ft) Pad Size No. of Pads Actual Bearing Pressure (pst) 8.00 tmbr6x16 3 3794 10.00 tmbr6x16 3 1477 SOIL PADS 10.00 tmbr6x16 3 2155 10.00 tmbr6x16 3 1391 8.00 trnbr6x16 3 3057 Job: 24031 MORRIS ENGINEERING Client: City of San Bernardino Bridge: Mount Vernon Avenue Viaduct page~Of_ LATERAL X-BRACING Location = BENT Bent 7, Span 6 BENT Max. Bent Load = 420,153 Ibs Max. Bent Load = Ibs Type (or Alternate) = A B C D A B C D Post Size = tmbr12x12 Cross Bracing Member = wd2X6 Type of Connection = bolt Number of Connectors = 1 Size of Connectors = 1.00 No. of Sets of X-Bracing = 6 Width of Cross Bracing = 10.00 Heigth of Cross Bracing = 6.00 Compression Lu = 5.83 Members Fb = 221 Fc= 910 HCAF = 780 Tension Am= 6.75 Members Ft= 8,100 HCAF = 6946 Nailed Fn - Members L.F. = Capasity = HCAF = Bolted & Fp (Post) = 5,080 Lag Screwed Fq (Post) = 2,770 Members Angle = 1.030 Fp (side member) = 3,750 Post Capasity = 3,936 Side Member Capasity = 3,516 Maximum Capasity = 3,516 HCAF = 3015 Max. Compo Force = 780 Max. Tension Force = 3,015 Max. Force per Set = 3,795 Total Force per Type = 22,769 Assumed lateral load = 5.0% Assumed lateral load = 2.0% Min. 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