HomeMy WebLinkAboutCO 2025-120 - MNS Engineers, IncDocusign Envelope ID: DEC FBE32-5CE7-4A84-BD96-1 FEEAFFF739A Cy of'iio Ci;Larici ga
CONTRACT NUMBER
202.E 120
AGREEMENT FOR
DESIGN PROFESSIONAL SERVICES
THIS AGREEMENT is made and entered into this 16th day of July,
2024, by and between the City of Rancho Cucamonga, a municipal corporation
("City") and MNS Engineers, Incorporated, a California Corporation
("Consultant").
RECITALS
A. City has heretofore issued its request for proposals to perform the
following design professional services: Professional Civil Design and Construction
Support Services for Heritage Community Park Pedestrian Bridge Replacements ("the
Project").
B. Consultant has submitted a proposal to perform the professional services
described in Recital "A", above, necessary to complete the Project.
C. City desires to engage Consultant to complete the Project in the manner
set forth and more fully described herein.
D. Consultant represents that it is fully qualified and licensed under the laws
of the State of California to perform the services contemplated by this Agreement in a
good and professional manner.
AGREEMENT
NOW, THEREFORE, in consideration of performance by the parties of the
mutual promises, covenants, and conditions herein contained, the parties hereto agree as
follows:
1. Consultant's Services.
1.1 Scope and Level of Services. Subject to the terms and conditions
set forth in this Agreement, City hereby engages Consultant to perform all technical and
design professional services described in Recitals "A" and "B" above, including, but not
limited to Civil & Structural Design for the replacement of two timber bridges and
support environmental clearance, including utility coordination, land surveying and right
of way services, San Bernardino County coordination, encroachment permit application,
all as more fully set forth in the Consultant's proposal, dated June 27, 2025 and entitled
"Scope of Work", attached hereto as Exhibit "A", and incorporated by reference herein.
The nature, scope, and level of the services required to be performed by Consultant are
set forth in the Scope of Work and are referred to herein as "the Services." In the event
of any inconsistencies between the Scope of Work and this Agreement, the terms and
provisions of this Agreement shall control.
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1.2 Revisions to Scope of Work. Upon request of the City, the
Consultant will promptly meet with City staff to discuss any revisions to the Project
desired by the City. Consultant agrees that the Scope of Work may be amended based
upon said meetings, and, by amendment to this Agreement, the parties may agree on a
revision or revisions to Consultant's compensation based thereon. A revision pursuant to
this Section that does not increase the total cost payable to Consultant by more than ten
percent (10%) of the total compensation specified in Section 3, may be approved in
writing by City's City Manager without amendment.
1.3 Time for Performance. Consultant shall perform all services under
this Agreement in a timely, regular basis consistent with industry standards for
professional skill and care, and in accordance with any schedule of performance set forth
in the Scope of Work, or as set forth in a "Schedule of Performance", if such Schedule is
attached hereto as Exhibit "B".
1.4 Standard of Care. As a material inducement to City to enter into
this Agreement, Consultant hereby represents that Consultant's services will be
performed in accordance with generally accepted professional practices and principles
and in a manner consistent with the level of care and skill ordinarily exercised by
members of the profession currently practicing under similar conditions (the "Standard of
Care").
1.5 Familiarity with Services. By executing this Agreement,
Consultant represents that, to the extent required by the standard of practice, Consultant
(a) has investigated and considered the scope of services to be performed, (b) has
carefully considered how the services should be performed, and (c) understands the
facilities, difficulties and restrictions attending performance of the services under this
Agreement. Consultant represents that Consultant, to the extent required by the standard
of practice, has investigated any areas of work, as applicable, and is reasonably
acquainted with the conditions therein. Should Consultant discover any latent or
unknown conditions, which will materially affect the performance of services, Consultant
shall immediately inform City of such fact and shall not proceed except at Consultant's
risk until written instructions are received from the City Representative.
2. Term of Agreement. The term of this Agreement shall be three (3) years
and shall become effective as of the date of the mutual execution by way of both parties'
signature (the "Effective Date"). No work shall be conducted; service or goods will not
be provided until this Agreement has been executed and requirements have been
fulfilled.
Parties to this Agreement shall have the option to renew in one (1) year
increments to a total of three (3) years, unless sooner terminated as provided in Section
14 herein. Options to renew are contingent upon the City Manager's approval, subject to
pricing review, and in accordance to all Terms and Conditions stated herein unless
otherwise provided in writing by the City.
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3. Compensation.
3.1 Compensation. City shall compensate Consultant as set forth in
Exhibit A, provided, however, that full, total and complete amount payable to Consultant
shall not exceed $330,190 (Three hundred Thirty Thousand One Hundred and Ninety), ),
including all out of pocket expenses, unless additional compensation is approved by the
City Council. City shall not withhold any federal, state or other taxes, or other
deductions. However, City shall withhold not more than ten percent (10%) of any
invoice amount pending receipt of any deliverables reflected in such invoice. Under no
circumstance shall Consultant be entitled to compensation for services not yet
satisfactorily performed.
The parties further agree that compensation may be adjusted in accordance
with Section 1.2 to reflect subsequent changes to the Scope of Services. City shall
compensate Consultant for any authorized extra services as set forth in Exhibit A.
4. Method of Payment.
4.1 Invoices. Consultant shall submit to City monthly invoices for the
Services performed pursuant to this Agreement. The invoices shall describe in detail the
Services rendered during the period and shall separately describe any authorized extra
services. Any invoice claiming compensation for extra services shall include appropriate
documentation of prior authorization of such services. All invoices shall be remitted to
the City of Rancho Cucamonga, California.
4.2 City shall review such invoices and notify Consultant in writing
within ten (10) business days of any disputed amounts.
4.3 City shall pay all undisputed portions of the invoice within thirty
(30) calendar days after receipt of the invoice up to the not -to -exceed amounts set forth in
Section 3.
4.4 All records, invoices, time cards, cost control sheets and other
records maintained by Consultant relating to services hereunder shall be available for
review and audit by the City.
5. Representatives.
5.1 City Representative. For the purposes of this Agreement, the
contract administrator and City's representative shall be Marlena Perez, Principal
Engineer , or such other person as designated in writing by the City ("City
Representative"). It shall be Consultant's responsibility to assure that the City
Representative is kept informed of the progress of the performance of the services, and
Consultant shall refer any decisions that must be made by City to the City Representative.
Unless otherwise specified herein, any approval of City required hereunder shall mean
the approval of the City Representative.
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5.2 Consultant Representative. For the purposes of this Agreement,
Kyle Turner is hereby designated as the principal and representative of Consultant
authorized to act in its behalf with respect to the services specified herein and make all
decisions in connection therewith ("Consultant's Representative"). It is expressly
understood that the experience, knowledge, capability and reputation of the Consultant's
Representative were a substantial inducement for City to enter into this Agreement.
Therefore, the Consultant's Representative 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. Consultant may not change the Responsible
Principal without the prior written approval of City.
6. Consultant's Personnel.
6.1 All Services shall be performed by Consultant or under
Consultant's direct supervision, and all personnel shall possess the qualifications,
permits, and licenses required by State and local law to perform such Services, including,
without limitation, a City business license as required by the City's Municipal Code.
6.2 Consultant shall be solely responsible for the satisfactory work
performance of all personnel engaged in performing the Services and compliance with
the standard of care set forth in Section 1.4.
6.3 Consultant shall be responsible for payment of all employees' and
subcontractors' wages and benefits, and shall comply with all requirements pertaining to
employer's liability, workers' compensation, unemployment insurance, and Social
Security. By its execution of this Agreement, Consultant certifies that it is aware of the
provisions of Section 3700 of the California Labor Code that require every employer to
be insured against liability for Worker's Compensation or to undertake self-insurance in
accordance with the provisions of that Code, and agrees to comply with such provisions
before commencing the performance of the Services.
6.4 Consultant shall indemnify, defend and hold harmless City and its
elected officials, officers and employees, servants, designated volunteers, and agents
serving as independent contractors in the role of City officials, from any and all liability,
damages, claims, costs and expenses of any nature to the extent arising from Consultant's
violations of personnel practices and/or any violation of the California Labor Code. City
shall have the right to offset against the amount of any fees due to Consultant under this
Agreement any amount due to City from Consultant as a result of Consultant's failure to
promptly pay to City any reimbursement or indemnification arising under this Section 6.
7. Ownership of Work Product.
7.1 Ownership. Except for Consultant's pre-existing intellectual
property, including but not limited to, data, materials concepts and standard details, all
documents, ideas, concepts, electronic files, drawings, photographs and any and all other
writings, including drafts thereof, prepared, created or provided by Consultant in the
course of performing the Services, including any and all intellectual and proprietary
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rights arising from the creation of the same (collectively, "Work Product"), are
considered to be "works made for hire" for the benefit of the City. Upon payment being
made, and provided Consultant is not in breach of this Agreement, all Work Product shall
be and remain the property of City without restriction or limitation upon its use or
dissemination by City. Basic survey notes, sketches, charts, computations and similar
data prepared or obtained by Consultant under this Agreement shall, upon request, be
made available to City. None of the Work Product shall be the subject of any common
law or statutory copyright or copyright application by Consultant. In the event of the
return of any of the Work Product to Consultant or its representative, Consultant shall be
responsible for its safe return to City. Under no circumstances shall Consultant fail to
deliver any draft or final designs, plans, drawings, reports or specifications to City upon
written demand by City for their delivery, notwithstanding any disputes between
Consultant and City concerning payment, performance of the contract, or otherwise. This
covenant shall survive the termination of this Agreement. City's reuse of the Work
Product for any purpose other than the Project, shall be at City's sole risk.
7.2. Assignment of Intellectual Property Interests: Upon execution of
this Agreement and to the extent not otherwise conveyed to City by Section 7.1, above,
and with the exception of pre-existing intellectual property, the Consultant shall be
deemed to grant and assign to City, and shall require all of its subcontractors to assign to
City, all ownership rights, and all common law and statutory copyrights, trademarks, and
other intellectual and proprietary property rights relating to the Work Product and the
Project itself, and Consultant shall disclaim and retain no rights whatsoever as to any of
the Work Product, to the maximum extent permitted by law. City shall be entitled to
utilize the Work Product for any and all purposes, including but not limited to
constructing, using, maintaining, altering, adding to, restoring, rebuilding and publicizing
the Project or any aspect of the Project. . CITY agrees that use of Consultant's
completed work product, for purposes other than identified in this Agreement, or use of
incomplete work product, is at City's own risk
7.3 Title to Intellectual Property. Except for pre-existing intellectual
property, Consultant warrants and represents that it has secured all necessary licenses,
consents or approvals to use any instrumentality, thing or component as to which any
intellectual property right exists, including computer software, used in the rendering of
the Services and the production of the Work Product and/or materials produced under this
Agreement, and that City has full legal title to and the right to reproduce any of the Work
Product. Consultant shall defend, indemnify and hold City, and its elected officials,
officers, employees, servants, attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials, harmless from any loss, claim or
liability in any way related to a claim that City's use is violating federal, state or local
laws, or any contractual provisions, relating to trade names, licenses, franchises, patents
or other means of protecting intellectual property rights and/or interests in products or
inventions. Consultant shall bear all costs arising from the use of patented, copyrighted,
trade secret or trademarked documents, materials, software, equipment, devices or
processes used or incorporated in the Services and materials produced under this
Agreement. In the event City's use of any of the Work Product is held to constitute an
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infringement and any use thereof is enjoined, Consultant, at its expense, shall: (a) secure
for City the right to continue using the Work Product by suspension of any injunction or
by procuring a license or licenses for City; or (b) modify the Work Product so that it
becomes non -infringing. This covenant shall survive the termination of this Agreement.
8. Status as Independent Contractor. Consultant is, and shall at all times
remain as to City, a wholly independent contractor. Consultant shall have no power to
incur any debt, obligation, or liability on behalf of City or otherwise act as an agent of
City. Neither City nor any of its agents shall have control over the conduct of Consultant
or any of Consultant's employees, except as set forth in this Agreement. Consultant shall
not, at any time, or in any manner, represent that it or any of its officers, agents or
employees are in any manner employees of City. Consultant shall pay all required taxes
on amounts paid to Consultant under this Agreement, and to defend, indemnify and hold
City harmless from any and all taxes, assessments, penalties, and interest asserted against
City by reason of the independent contractor relationship created by this Agreement.
Consultant shall fully comply with the workers' compensation law regarding Consultant
and Consultant's employees.
9. Confidentiality. Consultant may have access to financial, accounting,
statistical, and personnel data of individuals and City employees. Consultant covenants
that all data, documents, discussion, or other information developed or received by
Consultant or provided for performance of this Agreement are confidential and shall not
be disclosed by Consultant without prior written authorization by City. City shall grant
such authorization if applicable law requires disclosure. All City data shall be returned to
City upon the termination of this Agreement. Consultant's covenant under this Section
shall survive the termination of this Agreement. This provision shall not apply to
information in whatever form that is in the public domain, nor shall it restrict the
Consultant from giving notices required by law or complying with an order to provide
information or data when such an order is issued by a court, administrative agency or
other legitimate authority, or if disclosure is otherwise permitted by law and reasonably
necessary for the Consultant to defend itself from any legal action or claim.
10. Conflict of Interest.
10.1 Consultant covenants that it presently has no interest and shall not
acquire any interest, direct or indirect, which may be affected by the Services, or which
would conflict in any manner with the performance of the Services. Consultant further
covenants that, in performance of this Agreement, no person having any such interest
shall be employed by it. Furthermore, Consultant shall avoid the appearance of having
any interest, which would conflict in any manner with the performance of the Services.
Consultant shall not accept any employment or representation during the term of this
Agreement which is or may likely make Consultant "financially interested" (as provided
in California Government Code §§1090 and 87100) in any decision made by City on any
matter in connection with which Consultant has been retained.
10.2 Consultant further represents that it has not employed or retained
any person or entity, other than a bona fide employee working exclusively for Consultant,
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to solicit or obtain this Agreement. Consultant has not paid or agreed to pay any person
or entity, other than a bona fide employee working exclusively for Consultant, any fee,
commission, gift, percentage, or any other consideration contingent upon the execution of
this Agreement. Upon any breach or violation of this warranty, City shall have the right,
at its sole and absolute discretion, to terminate this Agreement without further liability, or
to deduct from any sums payable to Consultant hereunder the full amount or value of any
such fee, commission, percentage or gift.
10.3 Consultant has no knowledge that any officer or employee of City
has any interest, whether contractual, noncontractual, financial, proprietary, or otherwise,
in this transaction or in the business of Consultant, and that if any such interest comes to
the knowledge of Consultant at any time during the term of this Agreement, Consultant
shall immediately make a complete, written disclosure of such interest to City, even if
such interest would not be deemed a prohibited "conflict of interest" under applicable
laws as described in subsection 10.1.
11. Indemnification.
11.1 Design Professional Services. To the fullest extent permitted by
law, the Consultant shall, at its sole cost and expense, indemnify, defend, and hold
harmless the City, its elected officials, officers, attorneys, agents, employees, designated
volunteers, successors, assigns and those City agents serving as independent contractors
in the role of City officials (collectively "Indemnitees" in this Section 11.0), from and
against any and all damages, costs, expenses, liabilities, claims, demands, causes of
action, proceedings, judgments, penalties, liens, stop notices, and losses of any nature
whatsoever, including fees of accountants and other professionals, and all costs
associated therewith, and reimbursement of attorneys' fees and costs of defense
(collectively "Claims"), whether actual, alleged or threatened, to the extent arising out of,
pertaining to, or relating to, in whole or in part, the negligence, recklessness or willful
misconduct of the Consultant, and/or its officers, agents, servants, employees,
subcontractors, contractors or their officers, agents, servants or employees (or any entity
or individual for which or whom the Consultant shall bear legal liability) in the
performance of design professional services under this Agreement by a "design
professional," as the term is defined in California Civil Code § 2782.8(c). The
indemnification obligation herein shall not in any way be limited by the insurance
obligations contained in this Agreement. Notwithstanding the foregoing and as required
by Civil Code § 2782.8(a), in no event shall the cost to defend the Indemnitees that is
charged to Consultant exceed Consultant's proportionate percentage of fault.
11.2 Other Indemnities. With respect to claims and liabilities which do
not arise in connection with the performance of professional services by a "design
professional", as that term is defined in California Civil Code Section 2782.8(c),
including, but not limited to, those claims and liabilities normally covered by commercial
general and/or automobile liability insurance, and to the maximum extent permitted by
law, Consultant shall, at its sole cost and expense, protect, defend, hold harmless and
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indemnify the Indemnitees from and against any and all damages, costs, expenses,
liabilities, claims, demands, causes of action, proceedings, judgments, penalties, liens,
stop notices, and losses of any nature whatsoever, including fees of accountants,
attorneys and other professionals, and all costs associated therewith, and the payment of
all consequential damages (collectively "Damages"), in law or equity, whether actual,
alleged or threatened, which arise out of, pertain to, or relate to the acts or omissions of
Consultant, its officers, agents, servants, employees, subcontractors, materialmen,
suppliers, or contractors, or their officers, agents, servants or employees (or any entity or
individual for which or whom Consultant shall bear legal liability) in the performance of
this Agreement, except to the extent the Damages arise from the active or sole negligence
or willful misconduct of any of the Indemnitees, as determined by final arbitration or
court decision or by the agreement of the Parties. Consultant shall defend the
Indemnitees in any action or actions filed in connection with any Damages with counsel
of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys'
fees and experts' costs as they are actually incurred in connection with such defense.
Consultant shall reimburse the Indemnitees for any and all legal expenses and costs
incurred by the Indemnitees in connection therewith. The indemnification obligation
herein shall not in any way be limited by the insurance obligations contained in this
Agreement.
. 11.3 Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that
they may possess against Consultant because of the acceptance by City, or the deposit
with City, of any insurance policy or certificate required pursuant to this Agreement.
11.4 Waiver of Right of Subrogation. Except as otherwise expressly
provided in this Agreement, Consultant, on behalf of itself and all parties claiming under
or through it, hereby waives all rights of subrogation against the Indemnitees, while
acting within the scope of their duties, from all claims, losses and liabilities arising out of
or incident to activities or operations performed by or on behalf of the Consultant.
11.5 Survival. The provisions of this Section I shall survive the
termination of the Agreement and are in addition to any other rights or remedies which
Indemnitees may have under the law. Payment is not required as a condition precedent to
an Indemnitee's right to recover under this indemnity provision, and an entry of judgment
against Consultant shall be conclusive in favor of the Indemnitee's right to recover under
this indemnity provision.
12. Insurance.
12.1 Liability Insurance. Consultant shall procure and maintain in full
force and effect for the duration of this Agreement, insurance against claims for injuries
to persons or damages to property which may arise from or in connection with the
performance of the services hereunder by Consultant, and/or its agents, representatives,
employees and subcontractors.
12.2 Minimum Scope of Insurance. Unless otherwise approved by City,
coverage shall be at least as broad as:
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less than:
(1) Insurance Services Office Commercial General Liability
coverage (occurrence form CG 0001).
(2) Insurance Services Office form number CA 0001 (Ed.
1/87) covering Automobile Liability, code 1 (any auto).
(3) Worker's Compensation insurance as required by the State
of California, and Employer's Liability Insurance.
(4) Professional Liability insurance in a form approved by the
City, having an extended reporting period of not less than
three (3) years after completion of the Services which shall
provide protection against claims of professional
negligence arising out of Consultant's performance of the
Services and otherwise complying with all applicable
provisions of this Section 12.
12.3 Minimum Limits of Insurance. Consultant shall maintain limits no
(1) Commercial General Liability: $2,000,000 per occurrence
for bodily injury, personal injury and property damage.
Commercial General Liability Insurance with a general
aggregate limit shall apply separately to this Agreement or
the general limit shall be twice the required occurrence
limit.
(2) Automobile Liability: $2,000,000 per accident for bodily
injury and property damage.
(3) Employer's Liability: $1,000,000 per accident and in the
aggregate for bodily injury or disease and Workers'
Compensation Insurance in the amount required by law.
(4) Professional Liability: $1,000,000 per claim/aggregate.
(5) The Insurance obligations under this agreement shall be the
greater of (i) the Insurance coverages and limits carried by
the Contractor; or (ii) the minimum insurance requirements
shown in this Agreement. Any insurance proceeds in
excess of the specified limits and coverage required which
are applicable to a given loss, shall be available to the City.
No representation is made that the minimum insurance
requirements of this Agreement are sufficient to cover the
obligations of the Contractor under this Agreement.
(6) Required limits may be satisfied either by a standalone
policy or in combination with an excess/umbrella policies.
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12.4 Deductibles and Self -Insured Retentions. Any deductibles or self -
insured retentions must be declared to and approved by the City and shall not reduce the
limits of coverage. City reserves the right to obtain a full certified copy of any required
insurance policy and endorsements.
12.5 Other Insurance Provisions.
(1) The commercial general liability and automobile liability
policies are to contain the following provisions on a
separate additionally insured endorsement naming the City,
its officers, officials, employees, designated volunteers and
agents serving as independent contractors in the role of
City officials as additional insureds as respects: liability
arising out of activities performed by or on behalf of
Consultant; products and completed operations of
Consultant; premises owned, occupied or used by
Consultant; and/or automobiles owned, leased, hired or
borrowed by Consultant. The coverage shall contain no
limitations on the scope of protection afforded to City, its
officers, officials, employees, designated volunteers or
agents serving as independent contractors in the role of
City officials which are not also limitations applicable to
the named insured.
(2) For any claims related to this Agreement, Consultant's
insurance coverage shall be primary insurance as respects
City, its officers, officials, employees, designated
volunteers and agents serving as independent contractors in
the role of City or officials. Any insurance or self-
insurance maintained by City, its officers, officials,
employees, designated volunteers or agents serving as
independent contractors in the role of City officials shall be
excess of Consultant's insurance and shall not contribute
with it.
(3) Consultant's insurance shall apply separately to each
insured against whom claim is made or suit is brought,
except with respect to the limits of the insurer's liability.
(4) Each insurance policy required by this clause shall be
endorsed to state that coverage shall not be canceled except
after 30 days prior written notice by first class mail has
been given to City (ten (10) days prior written notice for
non-payment of premium). Consultant shall provide thirty
(30) days written notice to City prior to implementation of
a reduction of limits or material change of insurance
coverage as specified herein.
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(5) Each insurance policy, required by this clause shall
expressly waive the insurer's right of subrogation against
City and its elected officials, officers, employees, servants,
attorneys, designated volunteers, and agents serving as
independent contractors in the role of City officials.
(6) Each policy shall be issued by an insurance company
approved in writing by City, which is admitted and licensed
to do business in the State of California and which is rated
A:VII or better according to the most recent A.M. Best Co.
Rating Guide.
(7) Each policy shall specify that any failure to comply with
reporting or other provisions of the required policy, including
breaches of warranty, shall not affect the coverage required
to be provided.
(8) Each policy, except Professional Liability, shall specify that
any and all costs of adjusting and/or defending any claim
against any insured, including court costs and attorneys' fees,
shall be paid in addition to and shall not deplete any policy
limits.
(9) Contractor shall provide any and all other required insurance,
endorsements, or exclusions as required by the City in any
request for proposals applicable to this Agreement.
12.6 Evidence of coverage. Prior to commencing performance under this
Agreement, the Consultant shall furnish the City with certificates and original
endorsements, or copies of each required policy, effecting and evidencing the insurance
coverage required by this Agreement including (1) Additional Insured Endorsement(s),
(2) Worker's Compensation waiver of subrogation endorsement, and (3) General liability
declarations or endorsement page listing all policy endorsements. The endorsements
shall be signed by a person authorized by the insurer(s) to bind coverage on its behalf.
All endorsements or policies shall be received and approved by the City before
Consultant commences performance. If performance of this Agreement shall extend
beyond one year, Consultant shall provide City with the required policies or
endorsements evidencing renewal of the required policies of insurance prior to the
expiration of any required policies of insurance.
12.7 Contractor agrees to include in all contracts with all subcontractors
performing work pursuant to this Agreement, the same requirements and provisions of
this Agreement including the indemnity and insurance requirements to the extent they
apply to the scope of any such subcontractor's work. Contractor shall require its
subcontractors to be bound to Contractor and City in the same manner and to the same
extent as Contractor is bound to City pursuant to this Agreement, and to require each of
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its subcontractors to include these salve provisions in its contract with any sub -
subcontractor.
13. Cooperation. In the event any claim or action is brought against City
relating to Consultant's performance or services rendered under this Agreement,
Consultant shall render any reasonable assistance and cooperation that City might
require. City shall compensate Consultant for any litigation support services in an
amount to be agreed upon by the parties.
14. Termination. City shall have the right to terminate this Agreement at any
time for any or no reason on not less than ten (10) days prior written notice to
Consultant. In the event City exercises its right to terminate this Agreement, City shall
pay Consultant for any services satisfactorily rendered prior to the effective date of the
termination, provided Consultant is not then in breach of this Agreement. Consultant
shall have no other claim against City by reason of such termination, including any claim
for compensation. City may terminate for cause following a default remaining uncured
more than five (5) business days after service of a notice to cure on the breaching party.
Consultant may terminate this Agreement for cause upon giving the City ten (10)
business days prior written notice for any of the following: (1) uncured breach by the
City of any material term of this Agreement, including but not limited to Payment
Terms; (2) material changes in the conditions under which this Agreement was entered
into, coupled with the failure of the parties to reach accord on the fees and charges for
any Additional Services required because of such changes.
15. Notices. Any notices, bills, invoices, or reports authorized or required by
this Agreement shall be in writing and shall be deemed received on (a) the day of
delivery if delivered by hand or overnight courier service during Consultant's and City's
regular business hours; or (b) on the third business day following deposit in the United
States mail, postage prepaid, to the addresses set forth in this Section, or to such other
addresses as the parties may, from time to time, designate in writing pursuant to the
provisions of this Section.
All notices shall be addressed as follows:
If to City: Rancho Cucamonga Engineering Department
Marlena Perez, Principal Engineer
10500 Civic Center Drive
Rancho Cucamonga, CA 91730
If to Consultant: MNS Engineers, Incorporated
Kyle Turner, Vice President, Principal
3850 Vine Street, Suite 110
Riverside, CA 92507
16. Non -Discrimination and Equal Employment Opportunity. In the
performance of this Agreement, Consultant shall not discriminate against any employee,
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subcontractor, or applicant for employment because of race, color, creed, religion, sex,
marital status, national origin, ancestry, age, physical or mental handicap, medical
condition, or sexual orientation. Consultant will take affirmative action to ensure that
subcontractors and applicants are employed, and that employees are treated during
employment, without regard to their race, color, creed, religion, sex, marital status,
national origin, ancestry, age, physical or mental handicap, medical condition, or sexual
orientation.
17. Assignment and Subcontracting. Consultant shall not assign or transfer
any interest in this Agreement or subcontract the performance of any of Consultant's
obligations hereunder without City's prior written consent. Except as provided herein,
any attempt by Consultant to so assign, transfer, or subcontract any rights, duties, or
obligations arising hereunder shall be null, void and of no effect.
18 Compliance with Laws. Consultant shall comply with all applicable
federal, state and local laws, ordinances, codes and regulations in force at the time
Consultant performs the Services. Consultant is aware of the requirements of California
Labor Code Section 1720, el seq., and 1770, et seq., as well as California Code of
Regulations, Title 8, Section 16000, 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. If the Services are being performed as part of an
applicable "public works" or "maintenance" project, as defined by the Prevailing Wage
Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply
with such Prevailing Wage Laws. The applicable prevailing wage rate determinations
can be found at htti)://wwNAf.dir.ca.,c-yov/dist-/DPreWa�eDeteriiiinatioiihtm
Consultant shall make copies of the prevailing rates of per them wages for each craft,
classification or type of worker needed to execute the Services available to interested
parties upon request, and shall post copies at the Consultant's principal place of business
and at the Project site. Consultant shall defend, indemnify and hold the 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.
19. Non -Waiver of Terms, Rights and Remedies. Waiver by either party of
any one or more of the conditions of performance under this Agreement shall not be a
waiver of any other condition of performance under this Agreement. In no event shall the
making by City of any payment to Consultant constitute or be construed as a waiver by
City of any breach of covenant, or any default which may then exist on the part of
Consultant, and the making of any such payment by City shall in no way impair or
prejudice any right or remedy available to City with regard to such breach or default.
20. Attorney's Fees. In the event that either party to this Agreement shall
commence any legal action or proceeding to enforce or interpret the provisions of this
Agreement, the prevailing party in such action or proceeding shall be entitled to recover
its costs of suit, including reasonable attorney's fees and costs of experts.
21. Exhibits; Precedence. All documents referenced as exhibits in this
Agreement are hereby incorporated in this Agreement. In the event of any material
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discrepancy between the express provisions of this Agreement and the provisions of any
document incorporated herein by reference, the provisions of this Agreement shall
prevail.
22. Applicable Law and Venue. The validity, interpretation, and
performance of this Agreement shall be controlled by and construed under the laws of the
State of California. Venue for any action relating to this Agreement shall be in the San
Bernardino County Superior Court.
23. Construction. In the event of any asserted ambiguity in, or dispute
regarding the interpretation of any matter herein, the interpretation of this Agreement
shall not be resolved by any rules of interpretation providing for interpretation against the
party who causes the uncertainty to exist or against the party who drafted the Agreement
or who drafted that portion of the Agreement.
24. Entire Agreement. This Agreement consists of this document, and any
other documents, attachments and/or exhibits referenced herein and attached hereto, each
of which is incorporated herein by such reference, and the same represents the entire and
integrated agreement between Consultant and City. This Agreement supersedes all prior
oral or written negotiations, representations or agreements. This Agreement may not be
amended, nor any provision or breach hereof waived, except in a writing signed by the
parties which expressly refers to this Agreement.
IN WITNESS WHEREOF, the parties, through their respective authorized
representatives, have executed this Agreement as of the date first written above.
Consultant Name: MNS Engineers,
Inc i�ate�:
By: 8980828198DF41F.-
Name Kyle Turner
Vice President
Title
By:
Name
8/11/2025 1 2:23 PM PDT
Date
Date
City Dk�da�,Cucamonga
8/11/2025 1 3:37 PM PDT
By• E1FD487E5A05491
[:
Name L. Dennis Michael Date
Mayor/President
Title
City of Rancho Cucamonga
IIn
Name
Date
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CONSULTANT PROPOSAL
EXHIBIT "A-1"
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[��r0rn�1t�d �� irupr�vh�
City ofRancho Cucannonga,Engineering Services
Attention: Marbmna Perez, PE, Principal Engineer
21OEOOCivic Center Drive
Rancho Cucamonga, CA8173D
SUBJECT: City of Rancho Cucamonga,
I am pleased to subrnit this letter proposal to provide consulting services to support environmental
clearance and deliver civil & structural PS&E docurnents for the replacement of two tirnberbhdges
atthe Heritage Community Park inthe City ofRancho Cucamonga.
MNS recently performed a bridge inspection of two pedestrian and equestrian timber bridges
located within the Heritage Community Park and Equestrian Center Complex on May 30, 2025.
Each bridge spans over the DarnensCreek Channel. VVerecommended toreplace the larger Bridge
1, and to evaluate replacing Bridge 2 at the same time or to consider replacing the deck and rails
only at this location (saving the girders). This proposal outlines Our approach and scope of work to
evaluate several bridge Superstructure replacement alternatives, and to deliver the environmental
' ' �' ' � � � � � '~---
ouaonenmy,un�uxx/an�mtnuoture�engmeenng�eo/8/
() Project Management Approach
Chad Harden, PE, SE, and Certified Bridge
Inspector (C0)will beyour Project Manager tokaod
the environmental, planning, and design phases fmr
this project, Chad ioiooeiand committed to the
success ofthis project, Values communication eo
the primary project management tooLand has
been involved and responsive through multiple
aspects and task orders rm|atudtobridges otthe
Heritage Park site!
Chad has assembled the right -sized team todeliver
this project efficiently and expediently.
�
Manager
Shelah Rigs
EnvironmentalProject
& Regulatory
Kyle Turner, PE
Bridges &
Structures
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Page 2 of 3
R 30019,
Structures Approach
We have identified several viable alternatives to replace the bridge superstructures. As opposed to
cast -in -place structure types, all of the following solutions avoid work in -the channel to expedite
environmental permitting and construction,
"InQuik" Bridge- This is a simple and new bridge technology where relatively lightweight
steel- form and reinforcing assemblies are delivered on site, which allows the City to
complete a resilient, concrete bridge installation with their own staff and equipment, or
through a Contractor. This additional range of delivery adds value comparable to the life of
a concrete bridge but with significant cost savings.
a Precast Concrete (PC): PC voided stab girders are a resilient alternative with ultra -long life,
Structural Steel: Steel girders are also a traditional solution. With a sacrificial thickness a
steel bridge offers at least a 75-year design life,
Prefabricated Steel Truss: This is a common solution for pedestrian bridges, and available
in a variety of coatings. A weathering steel finish would be recommended to reduce
These variables and an initial design and construction cost range (design -bid -build} are
summarized in the following table -
Notes:
Superstructure alternative and design & construction cost range is for constructing
Superstructure only, supported on the existing channel (Except for Alternative 7),
(A) Construction and design cost are based on replacing both bridges,
> PLANNING > ENGINEERING > CONSTRUCTtON MANAGEMENT , LAND SURVEYfNG
Docusign Envelope ID: DEC FBE32-5CE7-4A84-BD96-lFEEAFFF739A
fty of Rancho C_tcarnonga
*D`2� MNS HeItage Par" V Mdge Reptacernents
Page 3 of 3
(B) The construction cost includes I OVo mobilization and a 25% contingency.
(C/) Design life is approximate and based on experience. Design life can be extended with
regular maintenance, and maintenance activities vary with structure type.
OU r proposal is bunt It from a "bottom Lip" approach to deliver contract docurnents for an In Quik
Bridge or Prefabricated Steel Truss sotution (alternatives 5 or 6), or either of these superstructure
alternatives supported on new abutments (alternative 7). This scope approach is intended to
provide a lean but versatile approach for the City to select the lowest -cost bridge replacement.
We will conduct a "Bridge Feasibility" technical memo to describe and summarize the benefits and
constraints, and the aesthetic, maintenance -related, and constructabiLity considerations, and
verify the construction costs, for each alternative for the City to make an informed decision on the
appropriate structure replacement. We will evaluate the replacement for Bridge 1, and also
compare the cost of replacing Bridge 2 versus protecting the existing glue -lab -beams, rails, and
fence, and replacing the deck only.
0 Environmental Approach
She[ah Riggs, our Regulatory Permitting Specialist, will lead The Environmental Permitting /
Clearance for the project. Snatch is actively delivering multiple current task orders with the City of
Rancho Cucamonga.
Because the proposed bridge repairs do not require work within state or federal jurisdictional
waters, we expect a minimal and expedited CEQA process, We anticipate the CEQA document will
be a Categorical Exemption (Section 15304 - Minor Alterations of Land)) and that no permits will be
required from the U.S. Army Corps of Engineers (USACE), Regional Water Quality Control Board
(RWQCB), or California Department of Fish and Wildlife (CDFW). We propose the preparation of a
biological resources and jurisdictional delineation Letter report to document site conditions and
support our findings that no state or federal strearribed permits are required. The letter report will
be used to support the CEQA exemption and satisfy the environmental requirements of Sari
Bernardino County Flood Control.
Thank YOU for the opportunity to serve the people of Rancho Cucamonga. Please reach out with
any questions or comments at charden o)mn nee. om or 714-263-6603.
L�Enrgj_ - rs--c —
Sincerely,
MNS Engineers, Inc.
.... . . . .
Chad Harden, PE, BE, and Certified Bridge Inspector (CBI)
Technical Director, Bridge & Structures
Attachments:
Attachment "A" -Scope of Work
Attachment "B"
Fee Proposal and
Standard Fee Schedule
Attachment "C" - Detailed Project Schedule
> PLANNING > ENGINEERING > CONSTRUCItON MANAGEMENT > LAND SURVEYING
Docusign Envelope ID: DEC FBE32-5CE7-4A84-BD96-1 FEEAFFF739A
SCOPE OF WORK
EXHIBIT "A-2"
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000uvignEnvelope ID: oscpeso2-acEr-4xa1-Bosn1FssAppp7aeA
,cf Rancho
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)MNS HertagePark Bridge Repiareri-enom
Page 1 of12
Attachment ��/��xx �� ���� ��
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This scope of work has been prepared after careful consideration of our interpretation of the work
required for successful project delivery. ALI deLiverabLes will be provided in digital format (PDF)
unless noted otherwise.
De'tailed Scope of Work Statement
Our understanding of this project leads us to believe that project management and coordination
are the most critical functions to achieving a successful outcome in a timely manner, Minimizing
complexity wherever possible, staying in front of project stakeholders, and open and continuous
communication will ease the process from concept to completion.
This task encompasses a number of functions, including but not Limited to, internal
coordination, invoicing, tracking scope; schedule; and budget, and providing those regular
updates through monthly progress reports and schedule Lookaheads (including attention to
critical path itoma)'and generally supervising and guiding aUdiscipline Leads and
aubconauhantatoensure conformance with the contract provisions.
Shortly after notice to proceed, we will schedule and provide agenda for a project kickoff
meeting. We will similarly host up to 4 project development team (PDT) meetings
throughout the course of the project, with the majority being virtual and some targeted
meetings being held in -person, and provide minutes. That said, Chad is always available to
speak with the City at anytime before, during, or after the project. We will initiate contact
with at[ project stakeholders shortly after notice to proceed, including the City, San
Bernardino County Flood Control District, and other permitting agencies.
MNS will follow our in-house Quality Management Plan (QMP) to deliver Quality Control
(QC) and Quality Assurance (QA) across at[ deliverables. A California -registered civil and/or
structural engineer who is not directly involved in the initial design of the improvements will
provide a plan and deliverable review of the deLiverabLes at each 30%, 65%, 95% and FinaL
submittals in accordance with the applicable design criteria and the QMP. This also
includes a QA/QC review of the plans and specifications by a senior bridge engineer. ALI QC
reviews will be officially documented, stamped, stored, and available for audit upon
request.
n Monthly Invoices
• Monthly Progress Reports
w Monthly Schedule Lookahoods
"pmmNIma ^oNGINoa/ws ` CONSTRUCTION wANAGEmcN1 ` LAND sunvEYM
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Page 2uf12
* Meeting Agendas and Minutes
a Design Concept Presentation for City FTC
m Project {}A/(}Cdocumentation available for audit upon request
Task 2-UtiUtyCoordination
Based on our bridge inspection on May 30, 2025, there are several utilities immediately adjacent to
orconnected tothe two bridges. It is anticipated these are City -maintained utilities for operation of
the Heritage Park facility. At Least one utility (1 1/2" diameter) at Bridge No. 1 will need to be replaced
orrelocated toaccommodate the bridge replacement.
MNSviKaubnnit utility requests unthe Cityabehalf. MNSwiKgather utility information inthe
project area. This wit[ include but it is not Limited to sending utility information letters (on City
letterhead), contacting utility companies by phone or email to gather as-buiLts or maps.
Information collected will be drafted onto a utility CADD base file and reflected on the plans.
Following the 30% submittal, MNS will complete a second round of utiLity requests for utility
information and as-buiLts, if the utility agency was not responsive during Phase 1.
If utilities must be relocated, MNS witL coordinate plans prepared separately by each associated
utility company. Based on the limited nature of the work, the scope of work does not include
potholing or preparation of utility agreements, which are not anticipated; and utility relocation
plans are prepared by the utility owner, if required,
• Utility request documentation and tracking matrix.
• Utility Base Maps in AutoCAD format.
The two pedestrian bridges are within County of San Bernardino Flood Control R/W as shown in
Field survey is required to accurately define the Limits and locations of the replacement structures,
and base mapping is required to accurately reflect the County of San Bernardino R/W boundaries
on the bridge general plans for the County permit submittal. MNS will be responsible for
establishing horizontaL control sufficient for construction staking and retracement tied to existing
nnonunoentationwhen available.
We anticipate that preparation of temporary construction (TCE) easement exhibits, negotiation for
access (R/W acquisition) or other related services will not be required for the bridge replacements,
as these were not required by the County or USACE for the Larger adjacent bridge replacement
project at the Heritage Community Park Entrance, which spans the same channel. Therefore,
preparation of LegaLs and plats, property appraisals, or any other acquisition activities are not
included under this scope of work. MNS can provide TCE or R/W negotiation or other support
services ifrequested aepart ofadditional. services.
`pmmm/wa "cwm/mEER/ms "oowsr ucnommxm:msmem ` LAND SURVEYING
ououoignEnvelope ID: DEC pesnz-5ns7-4xn4-Bone1pEsAprp7aVx
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MNS will perform topographic surveys with horizontal and verticat control at each of the
two bridge locations to identify the existing curb retaining walls, the deck and grade
elevations in the immediate vicinity of the channel, and the existing corbel locations and
dimensions,
We wiLL set horizontal and vertical control. points for project mapping in accordance with
County horizontal and verticaL controL requirements. If located, our survey wiLL incorporate
existing survey monuments and physical evidence in support of existing R/W and property
Line establishment.
0 Electronic AutoCAD Civil 3D drawing file format aLong with the Ascii point file of the
survey points collected in the field.
`PLANm/NG "*NGwEER/NG "CONSTRmzION MANAGEMENT ` LAND SURVEYING
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We will develop the R/W base map for each bridge Location. We will perform record
research to Locate recorded control maps, R/W maps, records of survey, corner records,
and other official maps of records. We will include and verify any existing surveys, specify
existing and proposed R/W, Land dedications, and easement agreements. In accordance
with Business and Professions Code 8771 (b), if monuments exist within the project Limits,
vvewill perform Raoord(a)ofSurvey before construction.
VVawill research ifPreliminary Title Reports (PTRu) are needed and can obtain the reports.
The fees for any PTRs will be paid by the City.
MNS will prepare a brief bridge feasibility technical memorandum to explore and
summarize several feasible structure types and costs to:
• Ropiacethe existing Bridge 1
• Replace the existing Bridge 2'or
• Replace the deck only for Bridge 2 (protecting existing girders)
The feasibility memorandum will consider the existing site constraints for the bridge
replacements and improvements, such as the existing channel and embankment curbs
retaining walls, existing utilities, and site access. The feasibility memorandum wilL
investigate and determine the structure Length, width and type, span lengths, structure
depth, railing types, required superstructure bearings and/or anchorage, and aesthetic,
maintenance, and construction considerations. The report may be supplemented with
sketches, drawings, and/or manufacturer information. VVewill include o piunninE-Levelooat
estimate, including a rough -order -of -magnitude (ROM) engineer's estimate of probable
construction cost, based on CaLtrans cost data and other recent project bid estimates.
The existing bridges which will bareplaced are timber supported bythe existing, oast -in'
piaue'n*otanguksrohannoivvaiia.Theleveiofeffortforthiaaoopaofvvorkiobaaeduna
baseline "|nOuik"solution oraPrefabricated Steel Truss Pedestrian bridge superstructure,
which wit[ be heavier than the existing timber bridges. While we anticipate the existing
channel walls and invert will support the weight of the proposed bridge replacement, it is
appropriate to evaluate the impact (if any) to the existing channel, or if separate foundation
support is required. If the existing channels cannot support the new bridge or the City
desires a Longer span so that the channel is not required to support the bridge, we will
evaluate the surcharge ofanadjacent footing onthe channel structure.
`pmmw/me `swn/mEER/wo `oomsFRuoTmwmxmAmcMamr ` LAND SURVEYING
oouuaigoEnvelope ID: oEcFoEoz-5osr-4xo*-BopslpEEApp,rnnA
City of RsmchoCuc.armcpn�a.
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Page 5mf12
This task also budgets time to coordinate with the County of San Bernardino and to support
the City with the encroachment application at 95% submittal. We will respond to three
rounds of review comments with the County as part of the encroachment application.
Task Detiverables:
a Bridge Feasibility Technical Memorandum
= Rough Order ofMagnitude Construction Cost Estimate
0 Calculations for existing rectangular channel tosupport additional bridge Loads
Task 5-Environmental Studies and Documentation and CEQA/NEPACmnnpUanoe
5.1: Background Review and Field Surveys
As an initial step, MNS will collect project site data, including land use designations,
available local., state, and federal resource mapping, and all avaiLabte environmental
documents addressing the site and the immediate surrounding area. The data and mapping
will be saved for use in developingthe project description and will serve as the settingfor
technical analysis and fieldwork. Examples include:
maps .
• USDepartment ofAgriculture soil.
data
• Historic and current aerial
Am
• RWQCB Basin Plan
• City and County General PLans
• USFWS Critical. Habitat Maps
photographs
FoLlowing the collection and review of the project site data and Literature search resuLts, the
MNS team will conduct a fieLd visit to document existing site conditions and take site
photographs from specific Locations in support of the environmental analysis. ALL field visits
wit[ be coordinated to include the minimum number of qualified staff necessary and
scheduled with the City in advance of enteringthe site. The data coLLected will. be used to
prepare project location exhibits and describe existing site conditions and putentiai
environmental constraints with CaLtrans. The data and photographs wit[ be used in
preparing the CEQA document and 404 Nationwide Permit application (for NEPA).
The proposed bridge improvements as outlined in Task 7.1 wi(L include either an "InQuik"
solution or a Prefabricated Steel, Truss Pedestrian bridge, which wit[ not require heavy
equipment within the San Bernardino County DennansCreek Channel. Only hondheidtools
are anticipated inthe channel during construction.
The proposed bridge improvements are not expected to involve removal of native
vegetation, potential impacts to special status species or access into the creek with heavy
equipment that could result in significant impacts tothe environment. Therefore, this
scope of work provides the necessary work program to support a Categorical Exemption
under Section 15304 — Minor Alterations of Land or other exemption deemed adequate by
the City (as CEQA lead agency).
`PLANN/NG `cNGImcERING `CONSTRUCTION MANAGEyENn " LAND SURVEYING
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Page 6sf12
MNS will prepare a Notice of Exemption (NOE) pursuant to CEQA Guidelines Section 15301
(Existing Facilities).
MNS PLannerswiLLcompLete the NOE form, as well as prepare a tech nicaL memorandum
that outlines the proposed project components and documents compliance with the
requirements of CEQA Guidelines Section 15304. The memorandum will walk through
each requirement under CEQA Guidelines Section 15304 and document how the project
complies. We will submit a draft of the NOE and Technical Memo to the City for review.
MNS wit[ make revisions based on one compiled set of City comments, and then finalize the
NOE for 30-day public posting with the State Clearinghouse and County Clerk.
Because work is limited to the bridge deck, with access into the channel bottom restricted
to hand crews, we do not anticipate that issuance of a 404, 401, or 1602 streambed alteration
agreement vviiL be required. MNS raoornnnenda preparing a biological resources and
jurisdictional delineation Letter report to document site conditions and the reason no permits
for temporary or permanent impacts to state or federal jurisdictional waters is required. The
letter report wilt be used to support the CEQA exemption and submitted to San Bernardino
County Flood Control to support the environmental permit requirements for issuance of an
easement. MNS wilt also complete an USACE/Regionat Board Verification Form of No Permit
Required.
MNS Biologists wilt conduct a database search of the California Department of Fish and
VWidiife'a(CDFVV) California Natural Diversity Database, the California Native Plant Society
(CNPS) Electronic Inventory of Rare and Endangered Vascular Plants of California Listings,
and the U.S. Fish and Wildlife Service (USFVVS) Information for Planning and Consultation
online nyatarn and Critical Habitat mapper to preliminarily identify any special -status
biological resources known to occur within the general vicinity of the project site. This vviK
allow MNS to focus their field investigation on federal and state Listed species and habitats
known to occur within the vicinity of the project site. In addition, MNS will review U.B.
Department of Agriculture soil data, historic/current aerial photographs, and U.S. Geological.
Survey topographic maps to further assess the ecological conditions within the project site.
Following the Literature review, MNS will systematically survey the project site tndocument
baseline biological conditions, map the limits of state and federal jurisdictional waters, and
evaluate the aita`a potential to support special -status plant and vvik1iife species. The
jurisdictional delineation fieldwork will result in the following:
m Determination of the USACE'ordinary high-water mark (OHWM) and indicate the
existence of any three (3)-parameter wetlands on -site. The actual presence or absence
of wetlands on -site wilt be verified through the determination of the presence of
wettand hydrology, hydrophytic vegetation, and hydric soils in accordance with the
September 2008 Regional Supplement to the Corps of Engineers WetLand Delineation
^pmwmws "cmsINcenNs `oowsreoonowMANAGEMENT ` LANE) SURVEYING
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MNS H er�mm���dnBridoeRep\acemmemtsPage 7 of 12
m Identification of CDFWjurisdictionaL areas being on -site stream bed and active banks,
or to the outer drip line of riparian vegetation (if present), pursuant the California Fish
0 In cases where isolated waters, not subject to federal jurisdiction are present, the
delineation wilt identify areas under the jurisdiction of the RWQCB pursuant to the
California Porter-CoLogne Water Quality Act (Porte r-CoLogne).
The field survey viU be conducted by a qualified bioko8st(n) to document the
presence/absence of speciat-status biological resources, or to determine the potential for
occurrence of such resources that may not be dotectmbiewhen the literature review ia
conducted. Notes will. betaken on oppUcabka pkantmnd wildlife species observed onaite
during the fieidsurvey. 1naddition, the Location ofapeoiaL-otatuaplant and wildlife species
and vegetation communities vviiibe mapped, ifpresent on-aite. Vegetation communities
occurring within the project site vviK be classified in accordance with the vegetation
descriptions provided in A Manua/ ofCe/iforn/a Vegetation (Sawyer et al. 2008). Data
coLLected during the field survey witL provide an overaLL understanding of the project setting
and biological resources potentially occurring inthe area.
MNS will then prepare a technical report to summarize the information and results obtained
during the Utaotuna review and field survey, document all. plant, wildlife, and vegetation
communities observed, map the Unnita of state and federal jurisdictional vva1am and
determine the potential for any speciat-status species to occur on or within the vicinity of the
project site. In addition, the report will provide on analysis of anticipated project-re\eted
impacts to bioiuQinmi resources and identify any additionai bioiogimei surveys, mitigation
measures, and/or permit requirements that may be required prior to implementation of the
proposed project. Site photographs taken during the field survey and Geographic
Information Systems (GIS) exhibits will. be included in the report to further enhance written
text and visually identify bioiogiooiinformation as it relates 1othe project site.
The bridge locations are identified as Special. Ftood Hazard Area Zone A based on FEMA
floodpLain mapping. However, the National Flood Insurance Rate Map (FIRM) indicates the
1% annual chance of flood discharge is contained within the channel structure at these
Locations. Therefore, we have not included any additional support for hydraulic analysis or
FEMAfLoodpLain coordination as it appears unnecessary.
m Notice ofExemption and Technical Memorandum
• Draft BioLogicaL Resources and Jurisdictional. DeLineation Letter Report in Microsoft
Word and PDFFormat.
• Final Biological Resources and Jurisdictional Delineation Letter Report in Microsoft
Word and PDFformat (revised based onone round ofoonnmenty).
"aANmws `ENG[NEER/wn "cONSTRUCrmmMANAGEMENT "mmoauovo/ws
oocuvignEnvelope ID: DEC 1pEExFFFrnoA
("'Ityct RmmcbwCuommnnoa
Our valued subconsuLtant and teaming partner Earth Mechanics, Inc. (EM I) wit[ provide
geotechnicat design services for the two pedestrian bridge repLacements.
Geotechnical Investigation: EMI will dhUtwo GO-kootdeep borings; one near each bridge. The
boreholes will. be excavated using a track -mounted drilling rig. EMI will prepare a boring Location
p\anandthiapianvviUbouaedtoaecureenoroauhrnantparmitfronnCityufRanchnCucernonQo,
and an environmental heaLth permit from the County of San Bernardino. Any other permits, if
required, wit[ besecured byothers.
EMI field personnel. wit[ collect small disturbed and relatively undisturbed ring soil sampLes for
Laboratory testing. The smaLL disturbed and relativety undisturbed soiL samples will. be coLLected
uoingapUt-apoonnennp{ensatavortioeiintervaiofabout5feat,abernedngbetvveenthe8tendord
Penetration Test (SPT) sampler and the Modified California Drive (MCD) sampler. Samples of
subsurface soiLs will be logged during the field investigation, secured in their containers or
colLected in plastic bags, and transported to the E,MI Laboratory.
Soil Laboratory Testing� Field togs ofthe bonyhoLeawit[ bereviewed tonekactrepresentative soil
samptes for laboratory testing. Various laboratory tests wit[ be performed on soil samples to
determine or derive their physical and engineering characteristics. Anticipated Laboratory tests
include: in -situ density and moisture content, grain size, direct shear, UUtriaxiaL and ouii
corrosion tests. Laboratorytests witL be conducted in general accordance with ASTM International
standards orCaUfornieTest methods.
testing witt be used to characterize subsurface soits and conditions and create ideatized soil
profiles for design purposes. The fottowing anatyses witI. be performed for the project:
• Evaluation of seismicity and estimation of Peak Ground Acceterations (PGA) based on the
CaLtrans design criteria, and recommendations of ARS curves for the bridge structural
design.
• AaoeaarnmntofaoiiUquafuctiunpo1entiaLoeionnioaettbarnent.ondiateraLypreadin8.
• Foundation analysis for bridges.
• Estimate Lateral earth pressure and subgrade modulus for existing channel.
• Evaluation of soit corrosivity conditions and recommendations for mitigation measures.
Re ort Preparation: EMI will. prepare a Foundation Report to provide foundation
recommendations for both bridges. EMI wiLL address any comments resulting from the City *I
Rancho Cucamonga review and prepare a final Foundation Report.
diameter piles 24 inches in diameter or less.
3. No fee permit was assumed for the City of Rancho Cucamonga encroachment permit; $750
was assumed for the San Bernardino County well permit.
^pLAmmws `aNGwEEMNG ` CONSTRUCTION MANAGEMENT ` LAND SURVEYING
Docusign Envelope ID: DECFBE32-5CE7-4A84-BD96-1FEEAFFF739A
C�Ity ot Raricho Ct,gcanmnIgs
C3,6 MNS IHeritage Park Bridge Repiaceti-ten , ts
Page 9 of 12
4. Environmental clearance for accomplishing the fieldwork, if required, will be obtained by
others.
5. The scope and fee is not budgeted to include construction support. EMI can provide a
proposal for geoetechnical construction -phase services as a separate scope and fee.
6. The scope and fee is not budgeted to include:
0 Preliminary Foundation Report and Type Selection
Investigation of hazardous materials. If hazardous materials are encountered during the
geotechnical field investigation, EMI will terminate our work and notify IVINS.
Project Geotechnical Report
Log of Test Borings
; 111 !1 1 i 11 ;1! � 1! 1 i I I
1, A �: i ; � � 1 � 1 � I 117VIIII4 EM=14*44]
Upon receipt of the Client's written approval of the selected bridge type, Consultant will
prepare the 65 percent plans (unchecked details). A set of draft plans (unchecked details)
will be prepared in Autocad or Microstration in accordance with City drafting standards.
The existing timber bridges which will be replaced are supported by existing, cast -in -place,
rectangular channel watts. The level of effort is based on a baseline "InQuik" solution or a
Prefabricated Steel Truss Pedestrian bridge superstructure and anchorage, and to replace
both bridges, These alternatives (and any alternative other than a timber bridge
replacement) will be heavier than the existing timber bridges. While we anticipate the
existing channel watts and invert will support the weight of the proposed bridge
replacement, it is appropriate to evaluate the impact (if any) to the existing channel, or if
separate foundation support is required — which MNS will evaluate in our "Preliminary
Engineering" task 4.2. If the existing channels cannot support the new bridge or the City
desires a longer span so that the channel is not required to support the bridge, this task
scope also includes design of a new foundation adjacent to the channel to support a
relatively tongerreptacement structure. The footing design maybe a spread footing or pile -
supported foundation.
Therefore, the bridges will be the same span as the existing bridges supported on the
existing channel corbels, or a longer bridge to span over the channel and supported on
foundations adjacent to channel watts (See Task 4,2).
The scope of work and design fee may need to be adjusted if a different structure
alternative is selected for final design.
• General Plan — 2 sheet
• Foundation Plan — 2 sheet
• Abutment and Anchorage Details —2
Sheets
• Barrier Details-2 sheet
• Miscellaneous Details — 2 sheets
> PLANNING > ENGINEERING > CONSTRUCTION MANAGEMENT > LAND SURVEYfNG
oonu ignsnvewpem:osrpuEo2-onE/-4Au4-ooeo1FEExppp7uoA
��yc�Rmm�Mo�moenuon�a
"C'""'N22) MN~�~�~ He,r itage Park Bhdge RepLmcemmemAo
Page 10 of 12
An MNS Ca [if ornia-registe red civi I or structural engineer will prepare structural calculations
in accordance with the applicable provisions of the following manuals. For the "InQuik"
solution the calculations will address the superstructure, anchorage, and foundation
calculations. For the Prefabricated SteeLTruss Pedestrian bridge superstructure, the
calculations will address the anchorage and the foundations, as the superstructure design
is typically proprietary, specific to, and provided by the contractor-seLected bridge
superstructure fabricator after construction award as a deferred submittal. Aoornp|ete
bound set of MNS design calculations will. be prepared and submitted to the Client for
• AASHTO Load and Resistance Factor Design (LRFD) Bridge Design Specifications (BDS)
with CabnanaAmendments;
m CaltranoSeiannio Design Criteria (SDC);
• CottranaStructure Technical Policy
• CobranmBridge Memos toDesigners; and
Task Deliverabim
a Unchecked Structural Design Calculations
a Plans (Unchecked Details)
MNS shalt prepare 95 percent PS&E for review and approval of the Client. The 95 percent
PS&E shalt include 65 percent PS&E updated in response to comments from the Client and
the bridge independent check.
The Special Provisions for the roadway and bridge will be based upon CaLtrans Standard
Special Provisions (SSP's). ConsuLtantwiLL prepare technical Special Provisions forbidding
to be included by the client in their bid documents. It is understood the Client will
incorporate the CaLtrans Standard Specifications and project SSP's into their bid
documents (i.e. Notice to Contractors, Instructions to Bidders, Contractor Forms, etc.) and
coordinate the specifications with any other non -bridge bid items.
The Consultant will prepare itemized quantity take -off calculations and oconstruction cost
estimate for the bridge and roadway construction. The cost estimate will be prepared using
CultraneCost Data and Local price indices.
• Bridge Design Calculations
• Draft Special Provisions
• Itemized Cost Estimates
^pmmw/ws `swswEEyms ` CONSTRUCTION wAwxmsmom ` LAND aunvcnwG
ommuignEnvelope ID: DEC paEn2-ncEr-4aoo-Boao1pEEArrF7asx
�hyc) f Rmm�h,oC,wcsmongm
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Following the reviews by the Client, agreed -upon revisions shalt be made to the 95% PS&E.
The specifications, half-size plans, and other bid documents wit[ be submitted to the Client
176TAffir-HIM, NOW M.
Task DeliverabLes:
0 Half-size set of Plans
w Final Special Provisions
• Itemized Cost Estimate
IIIIIMIJITM
After receipt of final approval, an original set of stamped and signed plans and an
engineer's estimate will be submitted to the Client for its use in developing bid documents
and soliciting construction bids. The Consultant shalt provide the quantity calculations to
the Client for use inadministering the contract. Once the final plans have been submitted
and approved by the Client, specific sheets will be sent to the Client for approval and
inclusion inthe permanent encroachment permit.
0 Structure Plans stamped and signed and stamped
m Technical Special Provisions
• Engineer's Estimate
The Client will complete the bid documents, advertise the project for bidding and distribute the
plans to prospective bidders. The Client's project coordinator will be the designated person to
receive contractor inquiries. IVINS's project manager and project staff will assist the Client as
requested during the bidding. The work may include answering questions, providing consultation
and interpretation of the construction documents, and assistingthe Client in preparation of
addenda to the PS&E during the advertisement period. Attending pre -construction meetings or bid
opening and analysis ofbids will also beprovided.
INIMIRIMINIM111100,110 III III
MNS'aproject manager and project staff will beavailable toassist the Client during construction. A
budget amount has been prepared to provide a minimal amount of construction services. This
budget may require adjustment depending on the level of Consultant involvement required during
construction. The Consultant shalt provide the following construction support services on a time
and materials basis:
� Review shop drawings for general conformance to design intent as shown on the
Project plans. As requested by the City, MNS can review rebar shop drawings, material
specifications, concrete mix designs, etc.
"nANm/NG "ENGINEER/NG `coNSTeom/ONMANAGEMENT ` LAND nURmmNIG
Docusign Envelope ID: DECFBE32-5CE7-4A84-BD96-1FEEAFFF739A
Fm
MNS Cfty of Rancho Cucatrmnqla
He� it,,-qn"o- Pai k Bridge Repkncen-ents
Page 12 of 12
Assist the Client during construction by responding to Request for Information (RFI),
clarifying drawings, and generally assisting the Client to ensure that the project is
constructed in accordance with the plans and specifications.
• Perform up to 3 periodic site visits during construction as requested by the Client.
® Provide advice and technical support for construction change orders.
® Prepare As -Built Plans
A budget of 80 hours is included in this scope of work
> PLANNING > ENGINEERING > CONSTRUC -JUN MANAGEMENT > LAND SURVEYING
Docusign Envelope ID: DECFBE32-5CE7-4A84-BD96-1FEEAFFF739A
Attachment "B" - Fee Proposal MNS Engineers, Inc. - Team Resource Estimate
City of Rancho Cucamonga - Heritage Park Bridge Replacements
Task 1: P,.jdct M ... gernerat
is
60
5
0
0
0 1
10
0 0
0
0
0
1 0
0
0 1
1.1
Pnojecipira,ogennont
50 1
1
1
1
12
Projecirvaefige
5
10
5
20
$6�300
13
Quality Management Program
10
ng and Right of Way (RNV) services 1
0
0
0
g
0
0
0
0
0 0
0
10
0
1.1 limited T .. gapli-1-1 old Control
4
24
24
16
3.2 Rlgh'erw.Y Be.; va-ppug
6
6
Task 4: Preliminary Engineering
8
40
60
0
0
0
0
0
0
0
1
4. Budg.FessiblftyTech poll Memorandum
4,2 Ch���elA,4y�is.�dC.��tyC..,din.ti.n
4
4
16
2e
24
36
i
—2-40
I.I
Task 5: Em4nantrinrialad Stdi.� and Documentation and
CEQA/NEPA Goirsplam..
0
0
0
0
0
8
20
1 10 20
20
0
0
0
0
0
5A
B,dkg ... no Rvi—ind Fund Surveys
2 8
8
I-
Notice of Exemption
4
12
16
$3.520
Tohpical Mom ... mount
4■
12
12,711-
53
Biological Resources and Jurisdictional
Pli neation letter Report
I C
12
32
$6,360
Task 6: P,cqe.t Geatedlandal Report
D
0
0
0
0
0
0 0
0
0
0
0
0
0
13B
$22,970
.8
$22,970—
ill 1 P,dj.atG-thaia.lRq
138
$22 97C—
Task 7: Final Plans, Specifications, a
71
124 344
0
20
168
0
0
0 0
0
0
0
0
0
0
1
7A e5% Cild and S�W'al PS&E
39
67
1 194
0
1 12
101 1
0
0
0 0
a
0
C'
D
0
427
$99 295
Civil Plans
I
0754
so
Structural Plans
11
g
K
168
12
101
En j e ra Estimate
10
777-
Rod cact.35%C.mmam%
2
16
T6 Ell',, Civil w1d S'Ll-1-11 PICII
90
0,
a
0 0
0
0
0
1 0
Cwil Piano
3
15
70
5
42
141
$30,630
Edited Technical Provisions
Engic.— Emmeta
10 -14
10
2
4
2
4
. .. ....... . . ..
. .. ... . ....... . .
.... .......
--
---------- ------
15
$4670
38
$10,220
7:7 100% (Final) Qv�l cad St—t—al PS&E
11
20
6� 1
0
3
25 1
0
1 0
0 0 1
0
0
0
0
0
0
Civil Plans
structural Plans
3 1
2
9
42
3 1
25 1
�ismas
g
2
Hcgin Eelmtao
Response to 65% Comments
2
4
8
16
Task 8: Bid Period Comspit.flion
2
3
0
0 0
0
0
0
PI.Bd Meeting
1
1
1
ResponsetoBidderQuestons
I
C.ch.FtAd and.
1
1
4
rT..Ig C-1—t—Suppout
7
16 li
32
0
and Submittals
4
8
20
sit. Visits
2
4
4
A. -Built DI.Wcga
.11
Page 1 of 1
Docusign Envelope ID: DECFBE32-5CE7-4A84-BD96-lFEEAFFF739A
11,919 099
SCHEDULE OF PERFORMANCE
PSA with professional liability insurance (Design) Page 18
Last Remised: 0111112018
D .... ig, E-1., 10 DECF5E32—E74AU-5D%-I FEEAFFF739A
City of Rancho Cucamonga Attachment "C" ® Detailed Project Schedule
RANCHO Heritage Park Bridge Replacements
CUCAMONGA Project Schedule
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