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PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF RIALTO AND
JACOBS ENGINEERING GROUP, INC.
THIS SERVICES AGREEMENT (herein “Agreement”) is made and entered into this 8th day of March, 2022, by and between the City of Rialto, a municipal corporation and California general law city (“City”), and Jacobs Engineering Group, Inc., a Delaware corporation, (“Consultant”). City and Consultant are sometimes individually referred to as “Party” or collectively as “Parties”.
RECITALS
A. City previously sought, by Request for Proposal s No. 14-001, the performance of professional services related to environmental and civil engineering design services related to the Riverside Avenue UPRR Bridge Widening Project (City Project #140813, Federal Aid Project No. HPBRLS 5205 (016)), hereinafter the “Project,” as defined and described particularly in Article 1 of this Agreement.
B. Following the submission of a proposal for the performance of the services defined and described particularly in Article 1 of this Agreement, Consultant ’s predecessor in interest, JL Patterson & Associates, Inc., was selected by the City to perform those services and a Professional Services Agreement was approved by the City on March 11, 2014, that included Phase 1 Services relating to preparation of a Project Study Report Equivalent (PSRE) and Project Approval/Environmental Documen t services (PA&ED), and Phase 2 Services relating to Final Design Plans, Specifications and Estimate (PS&E).
C. Consultant subsequently completed the Phase 1 Services including completion of all environmental services and preparation of the PSRE for the Project, but due to a Caltrans determination that the Project was no longer eligible for federal funding through the Highway Bridge Program, commencement of Phase 2 Services was deferred, and the March 11, 2014, Professional Services Agreement has terminated.
D. City has recently pursued funding to commence with the Phase 2 Services, including Right -of-Way Services, through the San Bernardino County Transportation Agency (SBCTA), and pursuant to Section 2.48.290 “Special expertise procurement” of the Rialto Mu nicipal Code the City may award this Professional Services Agreement without competition due to the experience and expertise demonstrated by the Consultant in its prior contract with the City, and further, that the Consultant is uniquely qualified for completing the Phase 2 Services for the Project.
E. The Parties desire to formalize the selection of Consultant for the performance of those services defined and described particularly in Article 1 of this Agreement and desire that the terms of that performance be as particularly defined and described herein.
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OPERATIVE PROVISIONS
NOW, THEREFORE, in consideration of the mutual promises and covenants made by the Parties and contained herein and other consideration, the valu e and adequacy of which are hereby acknowledged, the parties agree as follows:
ARTICLE 1. SERVICES OF CONSULTANT
1.1 Scope of Services.
In compliance with all terms and conditions of this Agreement, Consultant shall provide those professional services associated with civil engineering design and right-of- way services related to the Riverside Avenue UPRR Bridge Widening Project (City Project #140813), and as specified in the “Scope of Services” attached hereto as Exhibit “A” and incorporated herein by this reference, which services may be referred to herein as the “services” or “work” hereunder. As a material inducement for City to enter in to this Agreement, Consultant represents and warrants that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, it meets all local, state, and federal requirements in performing the services, and it is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently, and to the best of its ability, experience, and talent, perf orm all services described herein.
Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the purpose intended. For purpo ses of this Agreement, the phrase “highest professional standards” shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances.
1.2 Consultant’s Proposal.
The Agreement between the Parties shall consist of the following: (1) this Agreement; (2) the Scope of Services; (3) the City’s Request for Proposals No. 14-001; and, (4) the Consultant’s signed, original proposal submitted to the City (“Consultant’s Proposal”), (collectively referred to as the “Contract Documents”) . The Contract Documents and Accepted Proposal shall be incorporated herein by this reference as though fully set forth herein. In the event of any inconsistency between the Scope of Services, Consultant’s Proposal, and/or this Agreement, the terms of this Agreement shall govern.
1.3 Compliance with Law.
Consultant shall keep itself informed concerning, and shall render all services hereunder in accordance with, all ordinances, resolutions, statutes, rules, and regulations of the City and any federal, state, or local governmental entity having jurisdiction in effect at the time service is rendered.
1.4 Licenses, Permits, Fees, and Assessments.
Consultant shall obtain, at its sole cost and expense, such licenses, permits, and approvals as may be required by law for the performance of the services required by this Page-3
Agreement. Consultant shall have the sole obligation to pay for any fees, assessments, and taxes, plus applicable penalties and interest, which may be imposed by law and arise from or are necessary for the Consultant’s performance of the services required by this Agreement, and shall indemnify, defend, and hold harmless City, its officers, employees or agents of City, against any such fees, assessments, taxes penalties, or interest levied, assessed, or imposed against City hereunder.
1.5 Familiarity with Work.
By executing this Agreement, Consultant warrants that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties, and restrictions attending performance of the services under this Agreement. If the services involve work upon any si te, Consultant warrants that Consultant has or will investigate the site and is or will be fully acquainted with the conditions there existing, prior to commencement of services hereunder. If Consultant discovers any latent or unknown conditions that will materially affect the performance of the services hereunder, then Consultant shall immediately inform the City of such fact and shall not proceed except at City’s risk until written instructions are received from the Contract Officer.
1.6 Care of Work.
Consultant shall adopt reasonable methods during the life of the Agreement to furnish continuous protection to the work, and the equipment, materials, papers, documents, plans, studies, and/or other components thereof, to prevent losses or damages, and shall be responsible for all such damages to persons or property, until acceptance of the work by City, except such losses or damages as may be caused by City’s own negligence.
1.7 Prevailing Wages.
Consultant is aware of the requirements of California Labor Code Section 1720, et seq. and 1770, et seq., as well as California Code of Regulations, Title 8, Section 1600, et seq., (“Prevailing Wage Laws”), which require the payment of prevailing wage rates and the performance of other requirements on “Public Works ” and “Maintenance” projects. It is the understanding of City and Consultant that the Prevailing Wage Laws may not apply to this Agreement because the Agreement does not involve any services subject to prevailing wage rates pursuant to the California Labo r Code or regulations promulgated thereunder. However, Consultant shall defend, indemnify, and hold City, its elected officials, officers, employees and agents free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws.
1.8 Further Responsibilities of Parties.
Both Parties agree to use reasonable care and diligence to perform their respective obligations under this Agreement. Both Parties agree to act in good faith to execute all instruments, prepare all documents, and take all actions as may be reasonably necessary Page-4
to carry out the purposes of this Agreement. Unless specified in this Agreement, neither Party shall be responsible for the service of the other.
1.9 Additional Services.
City shall have the right at any time during the performance of the services, without invalidating this Agreement, to order extra work beyond that s pecified in the Scope of Services or make changes by altering, adding to, or deducting from said work. No such extra work or change may be undertaken unless a written order is first given by the Contract Officer to the Consultant, describing in detail the extra work or change and the reason(s) therefor and incorporating therein any adjustment in (i) the Contract Sum for the actual cost of the extra work or change, and/or (ii) the time to perform this Agreement, which said adjustments shall be reflected in an amendment to the Agreement subject to the written approval of the Parties. Any amendment to this Agreement shall be reviewed and approved by the City Manager. In accordance with Rialto Municipal Code section
2.48.180, increases in compensation of this Agreement may be approved by the City Manager provided: (a) the initial Contract Sum was less than One Hundred Thousand Dollars ($100,000) and the amended Contract Sum when consider ing any or all amendments will not exceed One Hundred Thousand Dollars ($100,000); or (b) the agreement was approved by the City Council and the increases in compensation taken either separately or cumulatively do not exceed One Hundred Thousand Dollars ($100,000). Any greater increase s, taken either separately or cumulatively must be approved by the City Council. Payment for additional services rendered by Consultant under this Agreement requires the submission of the actual costs of Consultant’s performance of the extra work with the invoice(s) for the extra work claim(s), as provided in Section 2.4. It is expressly understood by Consultant that the provisions of this Section shall not apply to services specifically set forth in the Scope of Services. Consultant hereby acknowledges that it accepts the risk that the services to be provided pursuant to the Scope of Services may be more costly or time consuming than Consultant anticipates and that Consultant shall not be entitled to additional compensation therefor. City may in its sole and absolute discretion have similar work done by other contractors.
No claim for an adjustment in the contract amount or time for performance shall be valid unless the procedures established in this Section are followed.
ARTICLE 2. COMPENSATION AND METHOD OF PAYMENT
2.1 Contract Sum.
Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the “Cost Proposal” attached hereto as Exhibit “ B” and incorporated herein by this reference. For the Initial Phase of Services (Pre - Construction), upon commencement of this Agreement the total compensation, including reimbursement for actual expenses, shall not exceed Two Million Six Hundred Eighteen Thousand Nine Hundred Twenty Seven Dollars and Zero Cents ($2,618,927.00) (the “Contract Sum”) . The Contract Sum may also be increased for additional services pursuant to Section 1.9.
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2.2 Method of Compensation.
The method of compens ation may include: (i) a lump sum payment upon completion; (ii) payment in accordance with specified tasks or the percentage of completion of the services; (iii) payment for time and materials based upon the Consultant’s rates as specified in the Schedule of Compensation, provided that time estimates are provided for the performance of sub tasks, but not exceeding the Contract Sum; or (iv) such other methods as may be specified in the Schedule of Compensation.
2.3 Reimbursable Expenses.
Compensation may include reimbursement for actual and necessary expenditures for reproduction costs, telephone expenses, and travel expenses approved by the Contract Officer in advance, or actual subcontractor expenses of an approved subcontractor pursuant to Section 4.5, and only if specified in the Schedule of Compensation. The Contract Sum shall include the attendance of Consultant at all project meetings reasonably deemed necessary by the City. Coordination of the performance of the work with City is a critical component of the services. If Consultant is required to attend additional meetings to facilitate such coordination, Consultant shall not be entitled to any additional compensation for attending said meetings.
2.4 Invoices.
Each month Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month in a form approved by City’s Director of Finance. By submitting an invoice for payment under this Agreement, Consultant is certifying compliance with all provisions of the Agreement. The invoice shall detail charges for all necessary and actual expenses by the following categories: labor (by sub-category), travel, materials, equipment, supplies, and sub -contractor contracts.
Sub-contractor charges shall also be detailed by such categories. Consultant shall not invoice City for any duplicate services performed by more than one person.
City may independently review each invoice submitted by the Consultant to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. Except as to any charges for work performed or expenses incurred by Consultant which are disputed by City, or as provided in Section 7.3, City will use its best efforts to c ause Consultant to be paid within thirty (30) days of receipt of Consultant’s correct and undisputed invoice; however, Consultant acknowledges and agrees that due to City warrant run procedures, the City cannot guarantee that payment will occur within this time period. In the event any charges or expenses are disputed by City, the original invoice shall be returned by City to Consultant for correction and resubmission.
2.5 No Waiver.
Review and payment by City to Consultant of any invoice for work performe d by Consultant pursuant to this Agreement shall not be deemed a waiver of any defects in work performed by Consultant or of any rights or remedies provided herein or any applicable law.
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ARTICLE 3. PERFORMANCE SCHEDULE
3.1 Time of Essence.
Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance.
Consultant shall commence the services pursuant to this Agreement upon receipt of a written notice to proceed and shall perform all services within the time period(s) established in the “Schedule of Performance” attached hereto as Exhibit “ C” and incorporated herein by this reference. When requested by the Consultant, extensions to the time period(s) specified in the Schedule of Performance may be approved in writing by the Contract Officer.
3.3 Force Majeure.
The time period(s) specified in the Schedule o f Performance for performance of the services rendered pursuant to this Agreement shall be extended because of any delays due to unforeseeable causes beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God or of the public enemy, unusually severe weather, fires, earthquakes, floods, epidemics, quarantine restrictions, riots, strikes, freight embargoes, wars, litigation, and/or acts of any governmental agency, including the City, if the Consulta nt shall, within ten (10) days of the commencement of such delay, notify the Contract Officer in writing of the causes of the delay. The Contract Officer shall ascertain the facts and the extent of delay, and extend the time for performing the services for the period of the enforced delay when and if in the judgment of the Contract Officer such delay is justified. The Contract Officer shall extend the time for performance in accordance with the procedures set forth in Section
1.9. The Contract Officer’s determination shall be final and conclusive upon the Parties to this Agreement. In no event shall Consultant be entitled to recover damages against the City for any delay in the performance of this Agreement, however caused, Consultant’s sole remedy being extension of the Agreement pursuant to this Section.
3.4 Term.
Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect through completion of the services related to Request for Propo sals No. XX-XXX, (the “Project”) , and as identified in the Schedule of Performance, Exhibit “C”.
ARTICLE 4. COORDINATION OF WORK
4.1 Representatives and Personnel of Consultant.
The following principals of Consultant (“Principals”) are hereby designated as being the principals and representatives of Consultant authorized to act in its behalf with respect to the work specified herein and make all decisions in connection therewith:
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Hany Haroun, PE Transportation Market Leader
(Name) (Title)
Keyvan Pirbazari, PE Senior Project Manager
(Name) (Title)
It is expressly understood that the experience, knowledge, capability, and reputation of the foregoing Principals were a substantial inducement for City to enter into this Agreement. Therefore, the Principals shall be responsible during the term of this Agreement for directing all activities of Consultant and devoting sufficient time to personally supervise the services hereunder. All personnel of Consultant, and any authorized agents, shall at all times be under the exclusive direction and control of the Principals. For purposes of this Agreement, the Principals may not be replaced nor may their responsibilities be substantially reduced by Consultant without the express written approval of City. Additionally, Consultant shall utilize only competent personnel to perform services pursuant to this Agreement. Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff and subcontractors, if any, assigned to perform the services required under this Agreement, prior to and during any s uch performance. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires to reassign any staff or subcontractor of Consultant, Consultant shall, immediately upon a Reassign Notice from City of such desire of City, reassign such persons or persons.
4.2 Status of Consultant.
Consultant shall have no authority to bind City in any manner, or to incur any obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unl ess such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees, or agents are in any manner officials, officers, employees or agents of City. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care, or any other benefits which may otherwise accrue to City’s employees. Consultant expressly waives any claim Consultant may have to any such rights.
4.3 Contract Officer.
The Contract Officer shall be the City Manager or other such person designated by the City Manager. It shall be the Consultant’s responsibility to assure that the Contract Officer is kept informed of the progress of the performance of the services and the Consultant shall refer any decisions which must be made by City to the Contract Officer.
Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Contract Officer. The Contract Officer shall have authority, if specified in writing by the City Manager, to sign all documents on behalf of the City requir ed hereunder to carry out the terms of this Agreement.
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4.4 Independent Contractor.
Neither the City nor any of its employees shall have any control over the manner, mode, or means by which Consultant, its agents or employees, perform the services required herein, except as otherwise set forth herein. City shall have no voice in the selection, discharge, supervision or control of Consultant’s employees, servants, representatives, or agents, or in fixing their number, compensation, or hours of service.
Consultant shall perform all services required herein as an independent contractor of City and shall remain at all times as to City a wholly independent contractor with only such obligations as are consistent with that role. Consultant shall not at any time or in any manner represent that it or any of its agents or employees are agents or employees of City. City shall not in any way or for any purpose become or be deemed to be a partner of Consultant in its business or otherwise or a joint venturer or a memb er of any joint enterprise with Consultant.
4.5 Prohibition Against Subcontracting or Assignment.
The experience, knowledge, capability, and reputation of Consultant, its principals and employees were a substantial inducement for the City to enter into thi s Agreement.
Therefore, Consultant shall not contract with any other entity to perform in whole or in part the services required hereunder without the express written approval of the City. In addition, neither this Agreement nor any interest herein may b e transferred, assigned, conveyed, hypothecated, or encumbered voluntarily or by operation of law, whether for the benefit of creditors or otherwise, without the prior written approval of City. Transfers restricted hereunder shall include the transfer to any person or group of persons acting in concert of more than twenty five percent (25%) of the present ownership and/or control of Consultant, taking all transfers into account on a cumulative basis. In the event of any such unapproved transfer, including any bankruptcy proceeding, this Agreement shall be void. No approved transfer shall release the Consultant or any surety of Consultant of any liability hereunder without the express consent of City.
ARTICLE 5. INSURANCE, INDEMNIFICATION AND BONDS
5.1 Insurance Coverages.
The Consultant shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement including any extension thereof, the following policies of insurance which shall cover all elected and appointed officers, employees, and agents of City:
(a) Comprehensive General Liability Insurance (Occurrence Form CG0001 or equivalent). A policy of comprehensive general liability insurance written on a per occurrence basis for bodily injury, personal injury, and property damage. The policy of insurance shall be in an amount not less than $1,000,000.00 per occurrence or if a general aggregate limit is used, then the general aggregate limit shall be twice the occurrence limit.
(b) Worker’s Compensation Insurance . A policy of worker’s compensation insurance in such amount as will fully comply with the laws of the State of California and which shall indemnify, insure, and provide legal defense for both the Page-9
Consultant and the Cit y against any loss, claim, or damage arising from any injuries or occupational diseases occurring to any worker employed by or any persons retained by the Consultant in the course of carrying out the work or services contemplated in this Agreement.
(c) Automotive Insurance (Form CA 0001 (Ed 1/87) including “any auto” and endorsement CA 0025 or equivalent). A policy of comprehensive automobile liability insurance written on a per occurrence for bodily injury and property damage in an amount not less than $1 ,000,000. Said policy shall include coverage for owned, non -owned, leased, and hired cars.
(d) Professional Liability. Professional liability insurance appropriate to the Consultant’s profession. This coverage may be written on a “claims made” basis, and must include coverage for contractual liability. The professional liability insurance required by this Agreement must be endorsed to be applicable to claims based upon, arising out of, or related to services performed under this Agreement. The insurance must be maintained for at least 5 consecutive years following the completion of Consultant’s services or the termination of this Agreement. During this additional 5 -year period, Consultant shall annually and upon request of the City submit written evide nce of this continuous coverage.
(e) Additional Insurance. Policies of such other insurance, as may be required in the Special Requirements.
(f) Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish s eparate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.
5.2 General Insurance Requirements.
All of the above policies of insurance shall be primary insurance and shall name the City, its elected and appointed officers, employees, and agents as additional insureds, and any insurance maintained by City or its officers, employees, or agents shall apply in excess of, and not contribute with, Consultant’s insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees, and agents and their respective insurers. The insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self -insured retention. All of said policies of insurance shall provide that said insurance may not be amended or cancelled by the insurer or any Party hereto without providing thirty (30) days prior written notice by certified mail return receipt requested to the City. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the cancellation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of all required insurance policies at any time.
Any failure to comply with the reporting or other provisions of the pol icies including breaches or warranties shall not affect coverage provided to City.
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City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant performs; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except wit h respect to the limits of the insurer’s liability.
Any deductibles or self -insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as res pects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consul tant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant’s activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant’s indemnification liabilities as provided in Section 5.3.
In the event the Consultant subcontracts any portion of the work in com pliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.1, and such certificates and endorsements shall be provided to City.
5.3 Indemnification.
To the full extent permitted by law, Consultant agrees to indemnify, defend, and hold harmless the City, its officers, employees and agents (“Indemnified Parties”) against any an d all actions, either judicial, administrative, arbitration or regulatory claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions or liabilities whether actual or threatened (herein “claims or liabilities”) that may be asserted or claimed by any person, firm or entity arising out of or in connection with the negligent performance of the work, operations, or activities provided herein of Consultant, its officers, employees, agents, subcontractors, or invitees, or any individual or entity for which Consultant is legally liable (“indemnitors”), arising from Consultant’s reckless or willful misconduct, or arising from Consultant’s or indemnitors’ negligent performance of or failure to perform any term, provision, covenant, or condition of this Agreement, and in connection therewith:
(a) Consultant will defend any action or actions filed in connection with any of said claims or liabilities and will pay all costs and expenses, including legal costs and attorneys’ fees incurred in connection therewith;
(b) Consultant will promptly pay any judgment rendered against the City, its officers, agents, or employees for any such claims or liabilities arising out of or in connection with the negligent performance of or failure to perform such work, operations Page-11
or activities of Consultant hereunder; and Consultant agrees to save and hold the City, its officers, agents, and employees harmless therefrom; (c) In the event the City, its officers, agents or employees is made a party to any action or proceeding filed or prosecuted against Consultant for such damages or other claims arising out of or in connection with the negligent performance of or failure to perform the work, operation or activities of Consultant hereunder, Consultant agrees to pay to the City, its officers, agents, or employees, any and all costs and expenses incurred by the City, its officers, agents, or employees in such action or proceeding, including but not limited to, legal costs and attorneys’ fees.
Consultant shall incorporate similar, indemnity agreements with its subcontractors and if it fails to do so Consultant shall be fully responsible to indemnify City hereunder therefore, and failure of City to monitor compliance with these provisions shall not be a waiver hereof. This indemnification includes claims or liabilities arising from any negligent or wrongful act, error or omission, or reckless or willful misconduct of Consultant in the performance of professional services hereunder. The provisions of this Section do not apply to claims or liabilities occurring as a result of City’s sole negligence or willful acts or omissions, but, to the fullest extent permitted by law, shall apply to claims and liabilities resulting in part from City’s negligence, except that desig n professionals’ indemnity hereunder shall be limited to claims and liabilities arising out of the negligence, recklessness, or willful misconduct of the design professional. The indemnity obligation shall be binding on successors and assigns of Consultan t and shall survive termination of this Agreement.
5.4 Sufficiency of Insurer or Surety.
Insurance required by this Agreement shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Risk Manager of the City (“Risk Manager”) due to unique circumstances . If this Agreement continues for more than 3 years duration, or in the event the Risk Manager determines that the work or services to be performed under this Agreement creates an increased or decreased risk of loss to the City, the Consultant agrees that the minimum limits of the insurance policies may be changed accordingly upon receipt of written notice from the Risk Manager Consultant.
ARTICLE 6. RECORDS, REPORTS, AND RELEASE OF INFORMATION
6.1 Records.
Consultant shall keep, and require subcontractors to keep, such ledgers books of accounts, invoices, vouchers, canceled checks, reports, studies or other documents relating to the disbursements charged to City and services performed hereunder (the “books and records”), as shall be necessary to perform th e services required by this Agreement and enable the Contract Officer to evaluate the performance of such services.
Any and all such documents shall be maintained in accordance with generally accepted accounting principles and shall be complete and detailed. The Contract Officer shall have full and free access to such books and records at all times during normal business hours Page-12
of City, including the right to inspect, copy, audit and make records and transcripts from such records. Such records shall be ma intained for a period of 3 years following completion of the services hereunder, and the City shall have access to such records in the event any audit is required. In the event of dissolution of Consultant’s business, custody of the books and records may be given to City, and access shall be provided by Consultant’s successor in interest.
6.2 Reports.
Consultant shall periodically prepare and submit to the Contract Officer such reports concerning the performance of the services required by this Agreement a s the Contract Officer shall require. Consultant hereby acknowledges that the City is greatly concerned about the cost of work and services to be performed pursuant to this Agreement. For this reason, Consultant agrees that if Consultant becomes aware of any facts, circumstances, techniques, or events that may or will materially increase or decrease the cost of the work or services contemplated herein or, if Consultant is providing design services, the cost of the project being designed, Consultant shall promptly notify the Contract Officer of said fact, circumstance, technique or event and the estimated increased or decreased cost related thereto and, if Consultant is providing design services, the estimated increased or decreased cost estimate for the project being designed.
6.3 Ownership of Documents.
All drawings, specifications, maps, designs, photographs, studies, surveys, data, notes, computer files, reports, records, documents and other materials (the “documents and materials”) prepared by Consultant, its employees, subcontractors and agents in the performance of this Agreement shall be the property of City and shall be delivered to City upon request of the Contract Officer or upon the termination of this Agreement, and Consultant shall have no claim for further employment or additional compensation as a result of the exercise by City of its full rights of ownership use, reuse, or assignment of the documents and materials hereunder. Any use, reuse or assignment of such completed documents for other p rojects and/or use of uncompleted documents without specific written authorization by the Consultant will be at the City’s sole risk and without liability to Consultant, and Consultant’s guarantee and warranties shall not extend to such use, reuse or assignment. Consultant may retain copies of such documents for its own use. Consultant shall have the right to use the concepts embodied therein. All subcontractors shall provide for assignment to City any documents or materials prepared by them, and in the event Consultant fails to secure such assignment, Consultant shall indemnify City for all damages resulting therefrom.
6.4 Confidentiality and Release of Information.
(a) All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or wor k product to persons or entities other than City without prior written authorization from the Contract Officer.
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(b) Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the Contract Officer or unless requested by the City Attorney, voluntarily provide documents, declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement. Response to a subpoena or court order shall not be considered “voluntary” provided Consultant gives City notice of such court order or subpoena.
(c) If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorney’s fees, caused by or incurred as a result of Consultant’s conduct.
(d) Consultant shall promptly notify C ity should Consultant, its officers, employees, agents, or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed there under. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully wi th City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.
However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
ARTICLE 7. ENFORCEMENT OF AGREEMENT AND TERMINATION
7.1 California Law.
This Agreement shall be interpreted, construed, and governed both as to validity and to performance of the Parties in accordance with the laws of the State of California.
Legal actions concerning any dispute, claim, or matter arising out of or in relation to this Agreement shall be instituted in the Superior Court of the County of San Bernardino, State of California, or any other appropriate court in such county, and Consultant covenant s and agrees to submit to the personal jurisdiction of such court in the event of such action.
In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Central District of California, Eastern Division.
7.2 Disputes; Default.
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default. Instead, the City may give notice to Consultant of the default and the reasons for the default. The notice shall include the timeframe in which Consultant may cure the default. This timeframe is presumptively thirty (30) days, but may be extended, though not reduced, if circumstances warrant. Du ring the period of time that Consultant is in default, the City shall hold all invoices and shall proceed with payment on the invoices only when the default is cured. In the alternative, the City may, in its sole discretion, elect to pay some or all of the outstanding invoices during the period of default. If Consultant does not cure the default, the City may take necessary steps to Page-14
terminate this Agreement under this Article. Any failure on the part of the City to give notice of the Consultant’s default shall not be deemed to result in a waiver of the City’s legal rights or any rights arising out of any provision of this Agreement.
7.3 Retention of Funds.
Consultant hereby authorizes City to deduct from any amount payable to Consultant (whether or not arising out of this Agreement) (i) any amounts the payment of which may be in dispute hereunder or which are necessary to compensate City for any losses, costs, liabilities, or damages suffered by City, and (ii) all amounts for which City may be liable to third parties, by reason of Consultant’s acts or omissions in performing or failing to perform Consultant’s obligation under this Agreement. In the event that any claim is made by a third party, the amount or validity of which is disputed by Consultant, or any indebtedness shall exist which shall appear to be the basis for a claim of lien, City may withhold from any payment due, without liability for interest because of such withholding, an amount sufficient to cover such claim. The failure of City to exercise such right to deduct or to withhold shall not, however, affect the obligations of the Consultant to insure, indemnify, and protect City as elsewhere provided herein.
7.4 Waiver.
Waiver by any Party to this Agreement of any term, condition, or covenan t of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any Party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision or a waiver of any subsequent breach or violation of any provision of this Agreement. Acceptance by City of any work or services by Consultant shall not constitute a waiver of any of the provisions of this Agreement. No delay or omission in the exercise of any right or remedy by a non -defaulting Party on any default shall impair such right or remedy or be construed as a waiver. Any waiver by either Party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
7.5 Rights and Remedies are Cumulative.
Except with respect to rights and remedies expressly declared to be exclusive in this Agreement, the rights and remedies of the Parties are cumulative and the exercise by either Party of one or more of such rights or remedies shall not preclude the exercise by it, at the same or different times, of any other rights or remedies for the same default or any other default by the other Party.
7.6 Legal Action.
In addition to any other rights or remedies, either Party ma y take legal action, in law or in equity, to cure, correct, or remedy any default, to recover damages for any default, to compel specific performance of this Agreement, to obtain declaratory or injunctive relief, or to obtain any other remedy consistent wi th the purposes of this Agreement.
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7.7 Termination Prior to Expiration of Term.
This Section shall govern any termination of this Contract except as specifically provided in the following Section for termination for cause. City reserves the right to terminate this Contract at any time, with or without cause, upon thirty (30) days’ written notice to Consultant, except that where termination is due to the fault of the Consultant, the period of notice may be such shorter time as may be determined by the Cont ract Officer. In addition, the Consultant reserves the right to terminate this Contract at any time, with or without cause, upon sixty (60) days’ written notice to City, except that where termination is due to the fault of the City, the period of notice m ay be such shorter time as the Consultant may determine. Upon receipt of any notice of termination, Consultant shall immediately cease all services hereunder except such as may be specifically approved by the Contract Officer. Except where the Consultant has initiated termination, the Consultant shall be entitled to compensation for all services rendered prior to the effective date of the notice of termination and for any services authorized by the Contract Officer thereafter in accordance with the Schedu le of Compensation or such as may be approved by the Contract Officer, except as provided in Section 7.3. In the event the Consultant has initiated termination, the Consultant shall be entitled to compensation only for the reasonable value of the work pro duct actually produced hereunder. In the event of termination without cause pursuant to this Section, the terminating Party need not provide the non-terminating Party with the opportunity to cure pursuant to Section 7.2.
7.8 Termination for Default of Consultant.
If termination is due to the failure of the Consultant to fulfill its obligations under this Agreement, City may, after compliance with the provisions of Section 7.2, take over the work and prosecute the same to completion by contract or otherwise , and the Consultant shall be liable to the extent that the total cost for completion of the services required hereunder exceeds the compensation herein stipulated (provided that the City shall use reasonable efforts to mitigate such damages), and City may withhold any payments to the Consultant for the purpose of set -off or partial payment of the amounts owed the City as previously stated.
ARTICLE 8. CITY OFFICERS AND EMPLOYEES: NON-DISCRIMINATION
8.1 Non-liability of City Officers and Employees.
No officer or employee of the City shall be personally liable to the Consultant, or any successor in interest, in the event of any default or breach by the City or for any amount which may become due to the Consultant or to its successor, or for breach of any obligation of the terms of this Agreement.
8.2 Conflict of Interest.
Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the int erests of City or which would in any way hinder Consultant’s performance of services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent or subcontractor without the express written consent of the Contract Page-16
Officer. Consultant agrees to at all times avoid conflicts of interest or the appearance of any conflicts of interest with the interests of City in the performance of this Agreement.
No officer or employee of the City shall have any financial interest, direct or indirect, in this Agreement nor shall any such officer or employee participate in any decision relating to the Agreement which effects his financial interest or the financial interest of any corporation, partnership or association in which he is, directly or indirectly, interested, in violation of any State statute or regulation. The Consultant warrants that it has not paid or given and will not pay or give any third party any money or other consideration for obtaining this Agreement.
Additionally, pursuant to Rialto Municipal Code section 2.48.145, Consultant represents that it has disclosed whether it or its officers or employees is related to any officer or employee of the City by blood or marriage within the third degree which would subject such officer or employee to the prohibition of California Government Sections 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090. To this end, by approving this Agreement, Consultant attests under penalty of perjury, personally and on behalf of Consultant, as well its officers, representatives, that it/they have no relationship, as described above, or financial interests, as such term is defined in California Government Section 87100 et. seq., Fair Political Practices Commission Regulation Section 18702, or Government Code Section 1090, with any City of Rialto elected or appointed official or employee, except as specifically disclosed to the City in writing.
8.3 Covenant Against Discrimination.
Consultant covenants that, by and for itself, its heirs, executors, assigns, and all persons claiming under or through them, there shall be no discrimination against or segregation of any person or group of persons on account of race, color, creed, religion, sex, gender, sexual orientation, gender identity, marital status, national origin, ancestry, or other protected class in the performance of this Agreement. Consultant shall take affirmative action to insure that applicants are employed and that employees are treated during employment without regard to their race, color, creed, religion, sex, sexual orientation, gender, gender identity, marital status, national origin, ancestry, o r other protected class.
8.4 Unauthorized Aliens.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act, 8 U.S.C.A. §§ 1101, et seq., as amended, and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any liability or sanctions be imposed against City for such use of unauthor ized aliens, Consultant hereby agrees to and shall reimburse City for the cost of all such liabilities or sanctions imposed, together with any and all costs, including attorney’s fees, incurred by City.
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ARTICLE 9. MISCELLANEOUS PROVISIONS
9.1 Facilities and Equipment.
Except as otherwise provided, Consultant shall, at its own cost and expense, provide all facilities and equipment necessary to perform the services required by this Agreement. City shall make available to Consultant only physical facilities such as desks, filing cabinets, and conference space (“City Facilities”), as may be reasonably necessary for Consultant’s use while consulting with City employees and reviewing records and the information in possession of City. The location, q uality, and time of furnishing of City Facilities shall be in the sole discretion of City. In no event shall City be required to furnish any facilities that may involve incurring any direct expense, including but not limited to computer, long distance tel ephone, network data, internet, or other communication charges, vehicles, and reproduction facilities.
9.2 Payment of Taxes.
Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal and state taxes.
9.3 Notices.
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered, sent by pre -paid First Class U.S. Mail, registered or certified mail, postage prepaid, return receipt requested, or delivered or sent by facsimile with attached evidence of completed transmission, and shall be deemed received upon the earlier of (i) the date of delivery to the address of the person to receive such notice if delivered personally or by messenger or overnigh t courier; (ii) three (3) business days after the date of posting by the United States Post Office if by mail; or (iii) when sent if given by facsimile. Any notice, request, demand, direction, or other communication sent by facsimile must be confirmed within forty-eight (48) hours by letter mailed or delivered. Other forms of electronic transmission such as e -mails, text messages, instant messages are not acceptable manners of notice required hereunder.
Notices or other communications shall be addressed as follows:
If to City: City of Rialto
150 S. Palm Ave.
Rialto, CA 92376
Attn: City Manager
Tel: (909) 820-2525
Fax: (909) 820-2527
With copy to: Burke, Williams & Sorensen, LLP
1770 Iowa Avenue, Suite 240
Riverside, CA 92507
Attn: Eric S. Vail, City Attorney
Tel: (951) 788-0100
Fax: (951) 788-5785
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If to Consultant: Jacobs Engineering Group, Inc.
401 B Street, Suite 1560
San Diego, CA 92101
Hany Haroun
619-272-7261; [email protected]
Either Party may change its address by notifying the other Party of the change of address in writing.
9.4 Interpretation.
The terms of this Agreement shall be construed in accordance with the meaning of the language used and shall not be construed for or against either Party by reason of the authorship of this Agreement or any other rule of construction which might otherwise apply.
9.5 Counterparts.
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, and such counterparts shall constitute one and the same instrument.
9.6 Integration; Amendment.
This Agreement including the attachments hereto is the entire, complete and exclusive expression of the understanding of the Parties. It is understood that there are no oral agreements between the Parties hereto affecting t his Agreement and this Agreement supersedes and cancels any and all previous negotiations, arrangements, agreements and understandings, if any, between the Parties, and none shall be used to interpret this Agreement. No amendment to or modification of thi s Agreement shall be valid unless made in writing and approved by the Consultant and by the City. The Parties agree that this requirement for written modifications cannot be waived and that any attempted waiver shall be void.
9.7 Severability.
In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such inva lidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the Parties hereunder unless the invalid provision is so material that its invalidity deprives either Party of the basic benefit of their bargain or renders this Agreement meaningless.
9.8 Corporate Authority.
The persons executing this Agreement on behalf of the Parties hereto warrant that (i) such Party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said Party, (iii) by so executing this Agreement, such Party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said Party is bound. This Agreement shall be binding upon the heirs, executors, administrators, successors and assigns of the Parties.
[SIGNATURES ON FOLLOWING PAGE]
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IN WITNESS WHEREOF , the parties hereto have executed and entered into this Agreement on the date first written above.
CITY: CONSULTANT:
CITY OF RIALTO, a municipal JACOBS ENGINEERING GROUP,
INC., a Delaware corporation
corporation
By: By:
Marcus Fuller, City Manager Signature
ATTEST: Steven J. Demetriou
Name
By:
Barbara A. McGee, City Clerk Chief Executive Officer
Title
APPROVED AS TO FORM:
By:
Burke, Williams & Sorensen, LLP Signature
By: Justin Johnson
Eric S. Vail, City Attorney Name
Secretary
Title
**Two signatures are required if a
corporation**
A-1
EXHIBIT “A“
SCOPE OF SERVICES
Consultant shall provide the City with civil engineering design and right -of-way services related to the Riverside Avenue UPRR Bridge Widening Project , City Project #140813, (hereinafter the “Project”). The scope of work generally includes all professional services associated with completion of Phase 2: Plans, Specifications and Estimates (“PS&E”) Phase.
The Phase 2 scope of work will consist of the c ompletion of all final engineering design, plans, specifications and estimates (“PS&E”) of the preferred “widening” alternative identified in the approved Project Study Report Equivalent (PSRE) dated December 2016 with which to facilitate construction of t he Project. The Phase 2 scope of work also includes right-of-way services, and TCEP Cycle 3 grant services.
Specifically, Consultant shall provide those services as outlined in its proposal dated February 11, 2022, included on the following pages.
Preparation of Plans, Specifications,
and Estimates
Document no: PPS0208221446SDA
City of Rialto
Riverside Avenue Bridge Widening Project, I-10 to Slover Avenue February 11, 2022
Preparation of Plans, Specifications, and Estimates
Client name: City of Rialto
Project name: Riverside Avenue Bridge Widening Project, I-10 to Slover Avenue Document no: PPS0208221446SDA Project no: BPO00QH5
Date: 2/11/2022 Project manager: Keyvan Pirbazari, P.E.
Prepared by: Richard Yu, P.E.
Copyright Jacobs Engineering Group, 2022.
All rights reserved. Reproduction and redistribution without written permission is prohibited. Jacobs, the Jacobs logo, and all other Jacobs trademarks are the property of Jacobs Engineering Group Inc.
NOTICE: This document has been prepared exclusively for the use and benefit of Jacobs’ client. Jacobs accepts no liability or responsibility for any use or reliance upon this document by any third party.
Riverside Avenue Bridge Widening Project
PPS0208221446SDA iii
Contents
Acronyms and abbreviations ......................................................................................................................................... iv
1. Project Description ................................................................................................................................................ 5
2. Scope of Work ......................................................................................................................................................... 6 Task 1 Project Administration ................................................................................................................................6 Task 2 Survey ................................................................................................................................................................6 Task 3 Geotechnical ...................................................................................................................................................7 Task 4 Traffic Signal/Electrical/Signing/Striping ..........................................................................................9 Task 5 Right-of-Way ............................................................................................................................................... 10 Task 6 65% Submittal ............................................................................................................................................ 13 Task 7 95% Submittal ............................................................................................................................................ 17 Task 8 100% Submittal ......................................................................................................................................... 18 Task 9 Public Outreach .......................................................................................................................................... 19 Task 10 TCEP Funding .............................................................................................................................................. 19 Task 11 Transportation Management Plan - As Needed ............................................................................ 21
3. Design Standards ................................................................................................................................................ 22
Tables
Table 1. Permits ....................................................................................................................................................................................7 Table 2. Summary of Borings ..........................................................................................................................................................8 Table 3. Summary of Anticipated Laboratory Tests ...............................................................................................................8 Table 4. Final Design Plans, Specifications, and Estimates Fee Schedule .................................................................. 23
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PPS0208221446SDA iv
Acronyms and abbreviations
AASHTO American Association of State Highway and Transportation Officials BCA benefit-cost analysis
BMP best management practices
CADD computer-aided drafting and design
City City of Rialto
CTC California Transportation Commission
GPS global positioning system
IDR interdisciplinary review
LOTB log of test borings
LRFD Load Resistance Factor Design
NTP Notice to Proceed
O&M operations and maintenance
OH Overhead
PDT Project Development Team
PS&E plans, specifications, and estimates
QA quality assurance
QC quality control
ROW right-of-way
SBCFCD San Bernardino County Flood Control District
SSP standard special provision
TCEP Trade Corridor Enhancement Program
TMP Transportation Management Plan
UPRR Union Pacific Railroad
USA Underground Service Alert
USPAP Uniform Standards of Professional Appraisal Practice
Riverside Avenue Bridge Widening Project
PPS0208221446SDA 5
1. Project Description
The City of Rialto (City) completed environmental documentation and preliminary engineering to widen the Riverside Avenue Bridge (54C0062) over the Union Pacific Railroad (UPRR) in 2016 to bring the existing bridge to current standards and improve traffic safety with better lane configuration on the newly constructed bridge. This proposal is to prepare final engineering and prepare plans, specifications , and an estimate. In addition, this proposal includes right-of-way (ROW) engineering, funding application support, and outreach.
The selected alternative proposes that the existing bridge be widened on both sides to allow for a better lane configuration at the newly constructed interchange and to enhance existing structures. The proposed bridge widening includes five lanes in the northbound direction, two lanes that feed into the two left-turn lanes for the I-10 westbound on-ramp, two through lanes, and one shared through/right-turn lane. The added two lanes will extend the existing left-turn pockets from the Riverside Bridge over I-10 southerly onto the Riverside Avenue UPRR Bridge. In the southbound direction, the proposed bridge widening will maintain the two through lanes to Slover Avenue. The bridge widening also includes outside shoulders on each side of Riverside Avenue extending south from the railroad bridge to Slover Avenue. A sidewalk will be provided on east side of Riverside Avenue within the project limits. The existing railroad bridge will also be seismic retrofitted as needed.
The existing Riverside Avenue Overhead (OH) is a 496-foot-long, six-span bridge over the UPRR yard.
Riverside Avenue OH is planned to be widening approximately 23 feet on both sides of the existing bridge.
Two retaining walls are proposed to be located immediately south of Riverside Avenue OH , within UPRR ROW. One proposed retaining wall is approximately 477 feet long , east of Riverside Avenue; and the other is approximately 328 feet long, west of Riverside Avenue.
Riverside Avenue Bridge Widening Project
PPS0208221446SDA 6
2. Scope of Work
Task 1 Project Administration
Project Understanding and Management
The following items describe the project understanding and management:
The Jacobs team understands the scale of the project and how critical this project is to the City of Rialto. The Jacobs team will coordinate and manage this project in a responsible and timely manner. Coordination between stakeholders, the Jacobs team, and subcontractors is critical to the project to minimize rework, which can impact the schedule and budget. The Jacobs team will design the project to minimize impacts to both vehicular and rail traffic during construction.
Monthly progress reports and invoices will be prepared. The reports will include a narrative of work performed, areas of concern, actions or approvals needed from the City and other stakeholders. The Jacobs team will support the City to secure funding for the project; however, the Jacobs team does not guarantee that funding will be secured.
The design phase of the project is estimated to be completed within 18 months. Upon authorization by the City, the Jacobs team will begin design and preparation for plans, specifications, and cost estimates for construction of project improvements.
Project Initiation
A kickoff meeting will be held with all stakeholders. During the kickoff meeting, stakeholders will gain a mutual understating of the project design, its impact, and other issues, which will ensure effective coordination. Field site survey and data collection with all discipline leads will be conducted to document existing conditions that have changed since prior investigation. Photos, as-built drawings, and any proposed plans will be collected during this stage of the work to ensure the project is well integrated with existing and future projects. A design standard matrix, base plans, and assumptions will be established so that the Jacobs team is in sync with the design.
Meeting Preparation and Schedule
Monthly Project Development Team (PDT) and City meetings will be held for the duration of the design phase. A maximum of 10 stakeholder meetings with Caltrans, UPRR, and San Bernardino County Flood Control District (SBCFCD) is proposed. If necessary, up to five technical meetings may be conducted to resolve extended issues. The Jacobs team will prepare agendas and invitations prior all meetings and provide meeting minutes to all participants after each meeting. Agendas and minutes will be filed as part of the project record. The Jacobs team will also provide a project schedule.
Task 2 Survey
Coast Survey will serve as the project surveying company and will provide aerial mapping, a MicroStation-based Digital Terrain Model, and color digital ortho photography. A new survey is necessary to update the existing ground surface to reflect the recently completed concrete- lined Rialto Channel west of Riverside Avenue. The surveyor will tie to existing survey points and set aerial targets for the preparation of ground and aerial survey. Because the project is in a heavy truck and rail corridor, it presents challenges to the surveyor where timing, coordination with UPRR , and multiple trips are required.
The following will be provided by Coast Survey:
Aerial mapping at a scale of 1 inch = 20 feet, with one-foot contours.
Riverside Avenue Bridge Widening Project
PPS0208221446SDA 7
Tie project into outside control.
Set and position aerial targets, six of which lie within the railroad yard. Recovery and positioning of street centerline monumentation. Roadway cross-sections and topographic surveys.
Topographic surveys of flood control channel on both sides of Riverside Avenue. Roadway Drainage Devices.
Up to 8 pothole locations.
Surveying of the railroad tracks and equipment within the project limit will be done as needed when proposed piers and abutments may be impacted during future construction. The m agnitude of the survey within the UPRR yard will be determined by the rail traffic.
The following will be included when a survey of the railroad tracks and equipment is required:
Tops of select rails (every 20 feet in curves and 50 feet in straight sections) and limits of ballast every 100 feet
Interior roadways and rail crossings.
Bridge piers, abutments, and areas where pier and abutment extensions will be located. Bridge soffits and other bridge items.
Power poles in railroad yard.
Wall between rail yard and freeway on/off ramps.
Photos of select items and any unusual items.
Task 3 Geotechnical
Geotechnical investigation is critical for roadway, railroad, and structural design. The Jacobs team will use the recommendation from the findings of the geotechnical engineer to optimize the designs for the Riverside Avenue Bridge Widening Project. Geotechnical work will proceed once the City gives the Notice to Proceed (NTP). The approach will be to consider and use existing data at the bridge site and supplement it with proposed soil borings.
The geotechnical includes the following tasks Pre-field activities/exploration:
- Review available and pertinent geotechnical and geology literature and perform a site reconnaissance survey to identify potential field exploration locations and site constraints as related to the proposed scope of work.
- Obtain right of entry/encroachment permits prior to drilling and sampling activities. A list of permits for various project station segments are identified in Table 1.
Table 1. Permits
Location Right of Entry/
Encroachment Permits
Two retaining walls east and west of Riverside Avenue and south of Riverside Avenue OH UPRR
Riverside Avenue OH UPRR
- Utility clearance: Review available project utility plans, stake, and mark field exploration locations, and contact Underground Service Alert (USA) at least 48 hours prior to scheduled drilling for utility Riverside Avenue Bridge Widening Project
PPS0208221446SDA 8
clearance. A private third-party utility locating service will also be used to clear the boring locations for utility conflicts. Should utility conflicts arise, impacted locations will be re -located as close as possible to their originally planned location.
- Health and Safety Plan: All site personnel will be responsible to follow Jacobs’ safety policies. A geotechnical scope-specific Health and Safety Plan will be prepared. Field exploration and laboratory testing: Proposed field exploration consists of performing borings and geophysical testing. Field exploration will require an online railroad safety training class prior to field work; mark explorations in the field; and contact USA to check for locations of underground utilities as related to the proposed field exploration
Due to access limitations related to railroad operations and roadway traffic, u p to 6 hollow-stem auger borings are planned for the project. A summary of the proposed borings and their anticipated depths is presented in Table 2. Proposed borings will be drilled or excavated to the planned depth or refusal, whichever is shallower.
Table 2. Summary of Borings
- The borings will be geotechnically logged and sampled in accordance with Caltrans Soil and Rock Logging Manual. Laboratory testing will be performed on select soil samples for soil classification, strength characteristics, and expansive and corrosion evaluation. At the end of drilling, each boring will be backfilled with soil cuttings and sealed with cement grout. - Upon completion of field exploration and laboratory testing, we will prepare log of test borings - Laboratory testing: Soil samples collected during the field exploration will be re-examined to confirm their field classification and to select soil samples for geotechnical laboratory testing. A summary of anticipated laboratory tests is presented in Table 3.
Table 3. Summary of Anticipated Laboratory Tests
Shear Wave Velocity: Shear wave velocity estimates from soil boring blow count correlations will be used to develop site-specific Acceleration Response Spectrum for seismic design Geotechnical Analysis: A geotechnical analysis will be performed using site- specific geotechnical and geophysical data obtained from the field exploration in general accordance with the Caltrans Geotechnical Manual, and American Association of State Highway and Transportation Officials (AASHTO) Load Resistance Factor Design (LRFD) Bridge Design Specifications. Geotechnical Type Number of
Borings
Anticipated Boring Depth
(feet)
Riverside Avenue OH abutments/bents 4 100
Two retaining walls and embankment 2 30
Tests Test Method Quantity
Moisture content/dry density ASTM D 2216 and 2937 15
Atterberg limits (3-point) ASTM D 4318 6
Sieve analysis ASTM D 6913 18
Direct shear strength (3-point) ASTM D 3080 4
Consolidation/collapse ASTM D 2435 1
Expansion index ASTM D 4829 2
R-value ASTM D 2844 1
pH, sulfates, chlorides, and electrical resistivity CTM 417, 422, and 643 6 Riverside Avenue Bridge Widening Project
PPS0208221446SDA 9
evaluations generally include slope stability, geologic seismic hazards, deep and shallow foundation, settlement, pavement design, collapse and expansion potential, corrosion potential, and construction considerations
Geotechnical Deliverables: The following geotechnical deliverables will be prepared in accordance with the Caltrans Geotechnical Manual:
- Log of test borings (LOTBs) for Riverside Avenue OH
- Draft and Final Geotechnical Design Report: An all-inclusive report for Riverside Avenue OH, retaining walls, embankment and pavement.
Geotechnical Assumptions: Geotechnical assumptions include:
- Day time drilling is proposed for 100% of the field work. - Prevailing wages are applied per contract requirements if applicable. - Soil cuttings will be drummed and removed from the site with normal (non- hazardous waste) disposal.
- UPRR would not require during drilling and post-drilling survey of tracks. Depending on permit requirements, if during drilling and post-drilling survey is needed, additional fees may be incurred which are not currently part of the estimate.
- Groundwater is anticipated to be deep (greater than 100 feet). Access to the required explorations areas will be granted in a timely manner.
- Fees for encroachment permits for geotechnical exploration within City of Rialto ROW will be waived.
- Drilling locations can be accessed using a conventional drill rig. - Up to 1 day of traffic control services, in accordance with Work Area Traffic Control Handbook, are considered for drilling on Riverside Avenue.
- For borings penetrating existing pavements, the surface will be capped with asphalt or rapid set concrete.
- Environmental contaminants or hazardous materials are not anticipated to be encountered during the investigation. Should such materials be encountered, operations will be halted immediately at the suspect location, and the City of Rialto will be contacted for additional direction. Drilling may proceed when appropriate protective measures are in place. The estimated fee does not include handling of any potentially contaminated matter or the level-of-effort required for additional protective measures.
- Jacobs will coordinate with applicable utility staff for utility clearances. Coordination with USA and associated firms marking utilities for USA is also included. Jacobs is not liable for any damages attributable to errors made in marking of utility locations by others. - As-built utility and drainage plans will be provided to aid in clearing the drill sites. - The boring survey cost is not needed, therefore it is not included in the fee estimation of the geotechnical site investigation.
- The boring will be located using handheld global positioning system (GPS) unit or smart phone. - Geotechnical construction support services are not provided.
Task 4 Traffic Signal/Electrical/Signing/Striping
FPL & Associates will be responsible for the traffic portion of the project. Because the project limit is between the I-10 eastbound ramps and Slover Avenue, reconstruction of the intersections is limited t o the widened portion of the bridge and roadway. Signals at the intersections and streetlights along the Riverside Avenue Bridge Widening Project
PPS0208221446SDA 10
Riverside Avenue will be relocated to accommodate the widening. Striping on Riverside Avenue at the eastbound ramps will be improved to enhance the traffic circulation.
The traffic-related scope of work is as follows:
Traffic drawings will include the following sheets:
- City signing and striping plans for Riverside Avenue
- Caltrans pavement delineation plan, details, and quantities sheets - Caltrans sign layout, details, and quantities sheets
- Signal layout sheets
- Street lighting sheets
- Ramp meter sheet
Submittals will include specifications and estimates for the traffic signal, lighting, pavement delineation, and signing work.
Exclusions:
Traffic study scope is excluded.
The contractor will be responsible for all temporary street lighting design and installation, temporary traffic signal design and installation, and temporary ramp meter design and installation. Overhead signage is excluded.
No other signalized intersections will require improvements. Signal pole foundation potholing exhibits are excluded.
Task 5 Right-of-Way
EPIC Land Solution is responsible for handling the ROW and easement acquisitions and Encroachment Permit applications. Three major Encroachment Permits will be required for this project. Those permits will provide agreement with three property owners: UPRR, Caltrans, and SBCFCD.
Coordination and Encroachment Permitting with Union Pacific Railroad Property rights owned by UPRR may be impacted in this project. EPIC will coordinate with UPRR to obtain Encroachment Permits necessary for the construction of the proposed bridge improvements.
The approach to railroad coordination involves developing a liaison with railroad staff to review project plans and impacts to railroad operations and determine the decision makers at the railroad. EPIC will obtain copies of the railroad’s standard Construction, Operations & Maintenance Agreements that will serve as the main agreement between the City and UPRR. EPIC will schedule periodic meetings with railroad staff and agency personnel throughout the project and constantly monitor the progress of the project as it impacts railroad operations.
Coordination and Encroachment Permitting with Caltrans
Property rights owned by Caltrans may be impacted in this project. EPIC will coordinate with Caltrans District 8 to obtain encroachment permits necessary for the construction of proposed bridge improvements. EPIC will schedule periodic meetings with the Caltrans local agency coordinator throughout the project and constantly monitor the progress of the project as it impacts Caltrans property.
Coordination and Encroachment Permitting with San Bernardino County Flood Control District SBCFCD may have property rights in or adjacent to the project area. EPIC will coordinate with SBCFCD to obtain an Encroachment Permit to cross or access their easement for purposes of potholing, boring, and other pre-construction and post-design construction activities. EPIC will schedule periodic Riverside Avenue Bridge Widening Project
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meetings with SBCFCD throughout the project and constantly monitor the progress of the project as it impacts SBCFCD property and/or easement rights.
Title Examination
Securing preliminary title reports in a timely manner is critical to the success of every acquisition project. At NTP, EPIC will obtain and review title reports for the affected parcels. EPIC will assi st in clearing the necessary encumbrances prior to closing, if feasible. EPIC will facilitate recording and payment as part of the pre-closing process.
Appraisal and Appraisal Review Services
Qualified real property appraisers employed by EPIC will prepare two appraisals for the aforementioned properties impacted in this project. Appraisals will conform to the Uniform Standards of Professional Appraisal Practice (USPAP), the Appraisal Institute’s Code of Ethics, and federal policies and regulations, where applicable. EPIC will deliver two appraisals to the City for approval and will provide updates based on City review and commentary. Appraisal reviews will also be completed because federal funds are involved. EPIC will coordinate the independent appraisal review services.
These appraisal reviews will comply with Standard 3 of the USPAP. Appraisals will be submitted to the City or its consultant for review and approval.
Property Rights Acquisition Negotiation
EPIC will perform acquisition negotiation services to acquire rights to two parcel ownerships impacted by the bridge widening design. EPIC will negotiate with property owners for the purchase of property rights in good faith, using the following process:
- Prepare the offer letter and summary statement in accordance with prevailing regulations for City approval.
- Present written purchase offer to owner or appointed representative. - Follow up and negotiate with property owner, as necessary. - Prepare and assemble acquisition contracts, deeds, and related acquisition documents required for the acquisition of all necessary property interests.
- Prepare impasse letters as needed.
- Provide necessary documents and diary logs for litigation support in the event an acquisition is unable to be settled via voluntary means.
- Transmit executed acquisition documents to the City.
Deliverables:
Offer packages
Acquisition offer documents
Acquisition documents, including appraisal report containing amount of just compensation Administration settlement memorandums (where applicable) Impasse letters and other required condemnation support documents (where applicable) Escrow Coordination
Once EPIC has obtained signatures from the property owner and the client on acquisition agreement(s), EPIC will open escrow with the client’s preferred escrow company. EPIC will oversee escrow instructions and will deliver them to the client for approval. EPIC will coordinate payment between the grantor, client, and the escrow company. EPIC will obtain signature on all necessary documentation, such as recorded grant deeds and temporary construction easement deeds, to convey title. At the close of the transaction, EPIC will obtain the final title policy, review closing statements and submit to the City for approval and instruct escrow to close.
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Deliverables:
Escrow documents, including escrow instructions and escrow closing schedule Final title policy
Caltrans Right of Way Certification
Caltrans ROW Certification is required by Caltrans oversight procedures in administering the federal Highway Bridge Program funding. EPIC will obtain ROW approval or certification documenting that real property interests have been secured and that all ROW activities were conducted in accordance with the applicable policies and procedures. During this process, EPIC will coordinate and attend certification planning activities and meet with the City, project partners, and stakeholders to determine project requirements. EPIC will prepare the submittal package that will include the certification form and compilation of the necessary backup documents. This would generally include deeds, resolutions of necessity, final orders of condemnation, access agreements, cooperative agreements, permits, and utility documents, among others. EPIC will evaluate ROW for correctness and consistency following Caltrans review check-off information as part of the project process. EPIC understands Caltrans rules and will supply accurate information for certification of ROW at project closeout.
Deliverable:
ROW Certification package submitted to Caltrans District 8 Assumptions:
Up to four virtual client meetings will take place, monthly status report will be prepared, and related tasks will be performed.
Two property interests will be acquired.
Two appraisals will be prepared, and no improvements will be valued. Two appraisal reviews will be performed as desk reviews. ROW plans, legal descriptions, and plat maps will be provided by the City at the NTP. EPIC will coordinate with SBCFCD, Caltrans District 8, and UPRR to obtain Encroachment Perm its, where necessary.
Settlement with UPRR can be reached within 18 months; additional fee may apply if process takes longer.
Specialty agreements are to be negotiated between UPRR and the City. Only partial acquisitions or easements will be acquired, no full acquisitions or relocations. No improvements will be impacted.
No Phase I or Phase II Site Assessments are required from EPIC. Project will have no delays, and the scope can be completed within 18 months from NTP. Eminent domain support will not be necessary.
Deposition, court testimony and expert witness fees are additional, to be compensated on a time and materials basis.
Litigation guaranties are not included but can be provided for an additional fee. If the NTP is received after 120 days from this proposal, fees and billing rates may require revision to reflect cost of living increases and current business conditions. EPIC’s rates reflect the direct salary rates for individuals that are currently ant icipated to participate in work under this contract. The actual rate billed will be based on the direct salary of the individual Riverside Avenue Bridge Widening Project
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having performed the work, plus overhead and profit. These rates will be re -calculated at the beginning of each calendar year.
Caltrans Local Assistance Procedure Manual ROW document templates will be used where the City has no preference.
Complete acquisition files will be provided to the City for retention. All activities will comply with the Uniform Relocation Assistance a nd Real Property Acquisition Policies Act of 1970.
Project fees will be billed monthly on a time-and-expense basis against the approved project budget, based on the not-to-exceed fees indicated in this proposal. Fees for additional work will require prior authorization.
Specification, Quantities, and Cost Estimating
Cost estimating is critical to the project feasibility. The Jacobs team will provide current pricing of quantities in a time were rising cost labor and materials is problematic. Jacobs will prep are project specifications using the “Green Book” for civil items and Caltrans SSPs for structural items. The Jacobs team will generate calculations and quantity take-offs to produce a construction cost estimate for the project. These will be submitted to the City at each milestone submittal for the City’s review and approval.
Deliverables:
Cost estimates will be provided at 95% and 100% submittals Electronic submittal in Word document and PDF format
Task 6 65% Submittal
Roadway Design
Roadway is one of two major components of the project. The primary change to the roadway is the widening of the roadway to match the widened bridge to allow improved lane configuration. The profile of the roadway will not be altered, to minimize future construction complication and t o avoid increasing the project timeline. It is anticipated that the widening will not impact to the reconstructed flood control channel. The existing side slope is about 1.5:1, and the new slope after widening will be 2:1, unless directed otherwise. Because of limited ROW, retaining walls will be constructed to minimize ROW acquisition and impacts.
The following services will be provided:
Review of all existing project and future project documentation Coordination with all disciplines
Adherence to all current standards relevant to each stakeholder Each of the submittals will consist of the following:
- Title, key map, notes, and sheet indexes for the submittal package - Roadway typical cross sections, layout, profile, superelevation, construction details, cross sections, and contour grading plans for Riverside Avenue and Cameron Way Structural Design
The consultant (Jacobs) will prepare and deliver to the PDT the plans, specifications, and estimates for the construction of either the bridge widening or replacement on this project. The bridge type will be approved by the PDT.
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The construction details for the design of the grade separation structure and retaining walls will be prepared on reproducible plan sheets. Each plan sheet will be signed by the design engineer who produced the design and who is registered in the State of California. Jacobs’ team w ill independently check, by a qualified engineer registered in the State of California, the design. Each plan sheet will also be signed by the engineer who performed the independent design check. The calculations for both the design and the independent check will be submitted as part of the plans, specifications, and estimates (PS&E) submittal requirements.
Jacobs will use the state standard special provisions (SSPs) and current standard specifications for bridge-related work. Jacobs will edit the SSPs and prepare structure special provisions specific to this project. The structure special provisions will be signed by the design engineer who produced the design and who is registered in the State of California.
The bridge design will conform to the State of California Division of Structures Bridge Design Specifications, Bridge Design Details, and Memos to Designers. Consultant will prepare quantity calculations and develop unit costs for each contract bid item and prepare the bridge cost estimate.
Quantities for all contract items will be substantiated by calculations, and will be neat, orderly, and all sketches, diagrams, and dimensions necessary will be shown, to allow them to be independently used by field inspectors. All quantity calculations will be independently checked and substantiated with calculations.
The Jacobs team will prepare bridge and retaining wall designs based on AASHTO LRFD Bridge Design Specifications, 2017, Eighth Edition, with Caltrans Amendments (AASHTO -CA-BDS-6) and Caltrans Seismic Design Criteria, Version 2.0.
Type selection report with seismic retrofit strategy report will be submitted at 65% Design. A combined type selection and seismic retrofit strategy report will be provided. Seismic retrofit will be included as needed.
The widened bridge will have a similar stiffness to the existing bridge. The widening and existing bridges will take their seismic loads separately. There are no bridge mounted signs anticipated.
The geotechnical team will develop the LOTB sheets and foundation recommendations. Only minor markups on LOTB and border modifications will be performed by the structural team. Deck drainage calculations will be performed by the drainage team and will be included in the bridge design calculation binders for reference.
Caltrans XS (Bridge Standard Details) sheets will be used and modified, as needed. The Bridge Site Data Submittals will be developed by the roadway team with input from the structural team.
Bridge structures are assumed to be cast-in-place/post-tension concrete box girder and precast/prestress girder structures support on single-column bents/piers to match existing bridge stiffness and footings on pile caps.
All aesthetic details and requirements for the structure will be part of design. Architectural treatment on the bridges is to be limited to form liner on the barriers and wingwalls.
Patterns are to be determined by others.
Non-standard retaining walls are excluded from the structures fee. Caltrans standard plans will be used for retaining wall design, except tieback wall (Subhorizontal ground anchor wall may be used at abutment 7).
Miscellaneous structure support does not include design calculations. It includes coordination, attending meetings, and providing reviews of plans or details for other disciplines .
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Caltrans standard plans and specifications will be used. The plan set will include structural plans, structural details, bridge aesthetic details, LOTBs, and structural quantities.
An independent check of the plans will be assumed.
A draft structural plan of the bridge and retaining walls will be prepared per Caltrans standard. A cost estimate will be provided.
Structural special provisions outlines will be provided.
Railroad Design
The Riverside Avenue OH Bridge spans over UPRR’s Colton Yard, which is a main corridor for the railroad and supply line between the west and east coasts. This project will minimize the impact to the railroad as much as possible. The scale of work will be determined based on multiple factors from survey, geotechnical, and structural design to permanent or temporarily relocating tracks, signals, and/or utilities.
The following are the deliverables and assumptions:
Rail final design in support of the bridge widening project will be provided. Existing conditions of impacted tracks will be identified. The team will coordinate with Union Pacific.
The team will coordinate with the PDT.
Drawings will include general, rail phasing, track plan and profile, and track details. Existing rail conditions and configurations will be maintained. Upgrading rail features (track, special trackwork, roadbed, private crossings, access roads, or drainage) to current Union Pacific standards is not part of the project.
Project computer-aided drafting and design (CADD) standards will be followed. No separate CADD standards for rail plans are included.
Rail plans will be limited to the immediate vicinity of the project bridge unless additional plans are needed because of project phasing. Only a trunk line track profile of the tracks will be prepared where tracks are in parallel.
No rail-related permit is needed other than the plan review by Union Pacific. Trackwork (ballast and up) will be by others (Union Pacific forces). Specifica tions and estimate for work by others are not required.
It is anticipated that UPRR will be responsible for removing and relocating railroad signal as needed.
Drainage Design
Existing Riverside Avenue drainage carries water from the entire bridge deck sou th of the I-10 eastbound ramps to Slover Avenue. There are two small existing inlets that intercept some flows mid -way on the approach. With the widening of the bridge and roadway, a new drainage system will be designed to handle the increased surface area and the flow from the bridge deck drains.
The following are the deliverables and assumptions for the design of the new drainage system:
Hydrology/hydraulic analyses for the areas within Caltrans ROW will be prepared in Caltrans design criteria.
Areas within the City ROW will be designed based on the City's design criteria. Up to two site visits will be required to understand the existing site condition.
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The drainage and stormwater deliverables at this design phase will include the following:
- Drainage plans, profiles, and details for all storm drainage systems - Draft drainage report
- Draft storm water data report and temporary water pollution control sheets showing construction site best management practices (BMPs)
- Draft water quality management plan
Utilities Design
Utilities within the project area are mostly situated at the intersection of Riverside Avenue and Slover Avenue and east of the Riverside Avenue. Jacobs will identify existing and any future utilities to minimize impact to owners and users of the utilities. Utilities within the UPRR Colton Yard will also be investigated to ensure the new bridge structure and walls will not damage critical utility lines.
The following are the assumptions for utility design:
Coordination with utility stakeholders with weekly meetings during the first 3 months will take place.
Meetings will be conducted as necessary, and meeting minutes will be provided. Coordination with utility stakeholders will take place with monthly meetings for the remaining 15 months. Meetings will be conducted as necessary, and meeting minutes will be provided. Support will be provided for utility coordination in the preparation of the following:
- The letter to utility owners
- The utility conflict matrix based on as-built drawings, surveyed data, and proposed designs; the utility matrix will be updated as designs progress
The team will coordinate with UPRR for utilities within Colton Yard or that bisect Colton Yard. Existing utility drawings will be prepared. The base utility file will provide all the information needed so that Jacobs can produce the composite existing utility drawings, which includes size, owner, offset, etc.
The Jacobs team will not be liable for any information related to the utility data provided by others. Pothole drawings and potholes for utilities in potential conflict with the proposed improvements will be prepared if necessary.
Utility drawing for the 65%, 95%, and 100% submittals will include utility plans, utility profiles, details, and quantities.
The utilities deliverables at this design phase will include the following:
- Utility plans, profiles, and details for all utility designs (excluding storm drainage systems) - Utility quantity sheets
- Utility conflict matrix
- Project specifications
Quality Control/Quality Assurance and Interdisciplinary Review Jacobs will have a QC plan in effect during the entire time work is being performed under the project contract. The plan shall establish a process whereby calculations are independently checked; plans are checked, corrected, and back-checked; and all job-related correspondence and memoranda are routed and received by affected persons and then bound in appropriate job files. Interdisciplinary review (IDR) will be conducted as part of the quality check where several drawings show different work in the same area to check that conflicts and misalignment in both new and existing improvements do not exist. All plans, calculations, documents, and other items submitted to the PDT for review will be marked clearly as being fully checked and will show that the preparation of the material followed the QC plan established for the Riverside Avenue Bridge Widening Project
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work. Jacobs will provide photo-ready plans and specifications and provide all plans on an electronic file, as required by the City, upon completion of the final PS&E.
The following items are part of the project QC plan:
QC/quality assurance (QA) and IDR using Jacobs’ Quality Management Plan to ensure quality project submittal on time and on budget
QC/QA and IDR meeting prior to each submittal
QC/QA and IDR will use Bluebeam software to ensure integrated review and comment process between disciplines and subconsultants
Task 7 95% Submittal
Roadway Design
Continuation of design and coordination from 65% submittal Summary of quantities will be prepared at the submittal Structural Design
Structural plans will be included in the 95% submittal. The draft structure SSP will be prepared for the 95% submittal. A cost estimate will be provided.
Independent checks will be performed on the 65% unchecked details plan set for the bridge and retaining wall structure.
Railroad Design
Continuation of design and coordination from 65% submittal.
Summary of quantities will be prepared at the submittal Drainage Design
The drainage and stormwater deliverables at this design phase will include the following:
- Drainage plans, profiles, details, and quantities for all storm drainage systems - Draft final drainage report
- Draft final storm water data report and temporary water pollution control sheets showing construction site BMPs
- Draft final water quality management plan
- Final bridge hydraulics report, to be included with final bridge structure submittal Utilities Design
The utilities deliverables at this design phase will include the following:
- Sheet revisions per comment responses
- Updated utility conflict matrix and project specifications Riverside Avenue Bridge Widening Project
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Task 8 100% Submittal
Roadway Design
Continuation of design and coordination from 95% submittal.
Summary of quantities will be prepared at the submittal Structural Design
100% Submittal:
Any review comments received on the 100% submittal are follow -up to previous comments and are not new comments requesting preference-based changes.
Roadway is one of two major components of the project. The primary change to the roadway is the widening of the roadway to match the widened bridge to allow improved lane configuration. The profile of the roadway will not be altered, to minimize future construction complication and to avoid increasing the project timeline. It is anticipated that the widening will not impact to the reconstructed flood control channel. The existing side slope is about 1.5:1, and the new slope after widening will be 2:1, unless directed otherwise. Because of limited ROW, retaining walls will be constructed to minimize ROW acquisition and impacts.
The following services will be provided:
Review of all existing project and future project documentation Coordination with all disciplines
Adherence to all current standards relevant to each stakeholder 65%, 95%, and 100% submittals, which will consist of the following:
- Title, key map, notes, and sheet indexes for the submittal package - Roadway typical cross sections, layout, profile, superelevation, construction details, cross sections, and contour grading plans for Riverside Avenue and Cameron Way - Summary of quantities will be prepared at 95% and 100% submittals Railroad Design
Continuation of design and coordination from 95% submittal.
Summary of quantities will be prepared at the submittal Drainage Design
100% Submittal:
The drainage and stormwater deliverables at this design phase will include the following:
- Final drainage plans, profiles, details, and quantities for all storm drainage systems - Final drainage report
- final storm water data report and temporary water pollution control sheets showing construction site BMPs
- Final water quality management plan
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Utilities Design
The utilities deliverables at this design phase will include the following:
- Finalized plan and details
- Finalized utility conflict matrix and project specifications Exclusions:
SBCFCD has rebuilt the Rialto Channel reinforced concrete box across Riverside Ave nue. The project is not anticipated to impact the existing Rialto Channel, therefore any engineering evaluations of project impact to the Rialto Channel, such as drainage conditions, facilities impact, and structural or geotechnical designs, are not included.
Temporary water pollution control will not be included, as it is expected to be covered by the Stormwater Pollution Prevention Plan, which will be prepared by the contractor. The stormwater data report will include roads and streets that will be constructed as part of the bridge widening project. Therefore, the San Bernardino County's Transportation BMP Guidance document does not apply and will not be included in the submittal. Infiltration rates will be taken from readily available data, such as Web Soil Survey. Infiltration testing is not included in the scope of work, and if required, it will be scoped separately through an amendment. Effort to accommodate geometric refinements beyond the 65% phase is not included. Effort to update the design to meet standards promulgated after the signature date of the contract will be scoped separately by amendment.
Task 9 Public Outreach
The Riverside Avenue Widening Project will not be without inconvenience to residents and businesses.
Long-term messaging will highlight the benefits of the project, including improving the traffic flow in the immediate area. Greenway Group will help the City to engage with affected parties to have a better understanding of the project.
Greenway Group will be responsible for the following public outreach:
Develop and maintain a stakeholder database.
Create collateral material in English and Spanish (fact sheets, frequently asked questions, door hangers, etc.).
Provide translation.
Maintain stakeholder inquiry logs and a dual-language hotline. Conduct door-to-door canvassing.
Coordination with the project design team to develop and deliver project -specific messaging and collateral.
Task 10 TCEP Funding
Prepare and Produce Application
The Jacobs team will take the lead, working with the City of Rialto, to develop a Trade Corridor Enhancement Program (TCEP) grant application for the I-10/Riverside Avenue Interchange Phase 2 for submission in 2022. However, the client will be a critical partner to ensure the application appropriately reflects project conditions. Specifically, it is expected that the client will make available any project information necessary for Jacobs to make the case for the project .
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The TCEP grant includes, per the California Transportation Commission (CTC) guidelines, sections on general information, screening criteria, evaluation criteria, funding and deliverability, and community impacts. This scope includes preparing a draft application for the City’s review and incorporating the City’s comments. The City will submit a final electronic application to the CTC. Once all sections are substantially drafted, Jacobs will provide the application to the client for review at an agreed upon date. Because of the short time frame for completing the application, the client is expected to return comments within 5 business days of receiving the draft deliverable. Jacobs staff will prepare the final document for publication and submit it as a PDF file. Jacobs will prepare a consistent report format and be responsible for typeset, tables, charts, and similar content. The client shall provide any needed graphics, photos, and other images at a suitable resolution.
Prepare Benefit-Cost Analysis
This task includes calculations, estimates, and narrative necessary to prepare the benefit-cost analysis (BCA) for the TCEP application, using the Cal B/C tool. This section will include quantitative and qualitative discussions of benefits that would arise as a result of project construction, including development of 22 required performance measures and if possible, 9 optional performance metrics, for a total of up to 31 performance metrics under future build and no build conditions. In order to conduct the BCA, Jacobs will require a number of data inputs that will need to be provided by or obtained by the client. Data needs will vary based on the nature of the project and its impacts.
The following is a list of common data points based on anticipated benefits of project implementation and is not considered a comprehensive list:
- Approved and signed state and federal environmental documents and project report - Capital cost data for the project (total, and as expended by quarter) in current dollars - Project operations and maintenance (O&M) and any major rehabilitation costs by year through the project life
- No build O&M and any major rehabilitation costs by year through the project life - Vehicular traffic (average daily traffic)
- Vehicular travel time savings (current and for future years) - Vehicular emissions reductions
- Quantified safety benefits (number of accidents avoided per year by type) - Increased pedestrian and bicycling usage
- Reduction in vehicle miles traveled
Document Design and Production
Jacobs staff will prepare the final application narrative document in Adobe InDesign for production, together with a graphic front cover and stylized headings throughout the document. The City will have an opportunity to review the document design prior to it being finalized. Upon submission of the application, Jacobs will provide all required files (application narrative, BCA TM , and accompanying appendices) as PDF files, as well as all required grant forms. The City will be required to formally submit the application and all accompanying documents to the CTC.
Schedule
The TCEP call for projects is anticipated in July 2022, with applications due in October 2022 Riverside Avenue Bridge Widening Project
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Task 11 Transportation Management Plan - As Needed
A Transportation Management Plan (TMP) will not be provided at the PS&E, and it is expected to be provided by the contractor. The construction contractor for this project will have c omprehension of the construction process, timing, and staging of the work. Because this project spans the active UPRR Colton Yard and heavy truck traffic on the bridge, the contractor will need to be flexible with the TMP to provide efficient construction. The Jacobs team is also ready to provide services if TMP is required as part of the project plans and cost estimate.
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22 3.
Design Standards
The PS&E
will be prepared in accordance with the City’s standard drawings. It is anticipated that the standard specifications for the project will be based upon latest version of The Standard Specifications for Public Works Construction, or the “Green Book.” The specifications for the bridge will be based on the latest Caltrans SSPs. Other standard specifications will be listed as reference specifications.
The latest
standard drawings from the City, the County of San Bernardino, and the American Public Works Association
will be used. Roadway design will be in accordance with the latest Caltrans Highway Design Manual and the latest City’s standard drawings.
All dimensions will be in U.S. customary units. Bridge
design will be in accordance with latest Caltrans Bridge Design Manuals and Aids to Designers. Roadway, lighting, signal, traffic striping and signage, traffic control, and drainage plans will be prepared on the City’s standard plan and profile sheets.
Modifications to the City’s drainage facilities will be on the City’s standard plan and profile sheets. All contract special provisions are to be prepared using Microsoft Word.
The following are additional assumptions that also apply to the entire scope of work:
Design standards and design guidance will be set at the NTP.
Submittals to all agencies will conform to City CADD standards for title block, presentation, scale,
content, style, etc. No early design packages are anticipated or included. Additional submittals required
by other agencies to conform to their standards are not included.
Review of any deliverable will be accomplished with one review cycle unless other factors require
additional review cycles.
PS&E submittals will be reviewed in a maximum of 20 working days.
Design will use Bentley MicroStation software for all design drawings.
Email, ProjectWise, Microsoft
Teams,
and SharePoint
will be used
to coordinate all design drawings and
all internal
and external meetings.
Reports will be reviewed in a maximum of 20 working days.
It is expected that agency comments from the same agency will be compiled into one comment table
with no conflicting comments.
If any design elements are revised or if new direction is provided after 65%, 95%,
and 100% PS&E
submittal to the City, UPRR, Caltrans, SBCFCD, and other various stakeholders, such that they affect the
design, will necessitate a Request for Change and Amendment.
Durations of the project is estimated to be 18 months for PS&E (assumed start in March 2022 through
September 2023).
B-1
EXHIBIT “B”
“COST PROPOSAL”
Payments to Consultant shall be made no more frequently than monthly, and shall be based on lump sum costs per task item of work as indicated herein. Lump sum payments shall be made to Consultant based upon completion of tasks, or pro -rata portions thereof noted below, to a maximum of 75% of the lump sum task item fee until completion of such task item as determined by the Contract Officer. Each request for payment shall contain Consultant’s statement of the work or tasks completed or portion performed, with supporting documentation. The determination of payment due shall be made based upon the reasonable judgment of the Contract Officer.
Task Total
Lump Sum
Phase 2: Final Design Plans, Specifications, and Estimate (PS&E)
Task 1 Project Administration $ 128,275
Task 2 Survey $ 174,145
Task 3 Geotechnical $ 148,155
Task 4 Traffic Signal/Electrical/Signing/Striping $ 96,753 Task 5 Right-of-Way $ 72,367
Task 6 65% Submittal $ 1,183,155
Task 7 95% Submittal $ 444,528
Task 8 100% Submittal $ 244,293
Task 9 Public Outreach $ 25,000
Task 10 TCEP Funding $ 77,256
Task 11 Transportation Management Plan $ 25,000
Total of Contract $ 2,618,927
C-1
EXHIBIT “C”
“SCHEDULE OF PERFORMANCE”
Consultant shall provide the services in the general schedule provided below. To the extent completion of the services requires additional time, with such additional time approved by the Contract Officer, Consultant shall complete the services in the extended performance schedule without any additional compensation allowed.
City Council
Approval
March 8,
2022
NTP April
2022
65% Plans October
2022
95% Plans June
2023
100% Plans October
2023