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RESOLUTION NO. 2004-73
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING A
SERVICES AGREEMENT WITH LIM & NASCIMENTO ENGINEERING
CORPORATION FOR PROJECT MANAGEMENT OF THE MT. VERNON AVENUE
VIADUCT OVER THE BNSF RAILROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Lim & Nascimento Engineering Corporation, 1887 Business Center Drive,
Suite 6, San Bernardino, CA 92408, is competent, experienced and able to perform professional
civil engineering project management service and have provided the most advantageous and best
proposal for provision of PROFESSIONAL MANAGEMENT SERVICES for management of
the design of the Mt. Vernon Avenue Viaduct Over the BNSF Railroad, per Services
Agreement, attached and incorporated herein as Exhibit A, for the not to exceed amount of
$49,000.00. Pursuant to this determination, the Purchasing Manager is hereby authorized and
directed to issue Purchase Orders for said services to said firm. The Mayor is hereby authorized
and directed to execute said agreement on behalf of the City.
SECTION 2. The authorization to execute the above referenced Agreement is rescinded
if it is not executed within sixty (60) days of the passage of this resolution.
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2004-73
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RESOLUTION ...... APPROVING A SERVICES AGREEMENT WITH LIM &
NASCIMENTO ENGINEERING CORPORATION FOR PROJECT MANAGEMENT OF
THE MT. VERNON AVENUE VIADUCT OVER THE BNSF RAILROAD.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular meeting thereof, held
on the 15th day of March 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE
MC GINNIS x
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK x
The foregoing resolution is hereby approved this
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By:
x
CE..tt.�c,r
CiVy,Clerk
March 12004.
Ales, Mayor
CitV of San Bernardino
-2-
2004-73
Exhibit "A"
SERVICES AGREEMENT
THIS AGREEMENT is entered into this 15th day of march , 2004, between
Lim & Nascimento Engineering Corporation ("CONTRACTOR") and the CITY OF SAN
BERNARDINO ("CITY)".
WITNESSETH:
A. WHEREAS, CITY has need for Professional Civil Engineering Project
Management Services for management of the design of the Mt. Vernon Ave. Viaduct over the
BNSF Railroad, and,
B. WHEREAS, CONTRACTOR is competent, experienced and able to perform
said services: and,
C. WHEREAS, CONTRACTOR has provided the most advantageous and best
proposal for the provision of such services;
NOW THEREFORE, the parties hereto agree as follows:
1. CONTRACTOR shall furnish Professional Civil Engineering Project Management Services
for management of the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad,
in accordance with the attached proposal from CONTRACTOR dated February 16, 2004,
attached and incorporated herein as Attachment 1.
2. Over the term of this Agreement, CONTRACTOR shall be paid a total amount not to
exceed $49,000.00 subject to division of costs by task as identified in Attachment 1.
3. CONTRACTOR shall provide the Development Services Department with a monthly
invoice in arrears and shall be provided payment within thirty (30) days therefrom. CITY
retains the right to challenge all or any part of an invoice.
4. The initial term of this Agreement shall be one (1) year from the date first shown above
and is subject to termination by either party upon thirty (30) days written notice to the
other. There may be two one-year extensions.
2004-73
Services Agreement —Lim & Nascimento Engineering Corporation
Page 2 of 4
5. CONTRACTOR shall indemnify, defend and hold CITY, its officers, employees and
agents harmless from any claim, demand, liability, suit, judgment or expense (including,
without limitation, reasonable costs of defense) arising out of or related to
CONTRACTOR's performance under this Agreement, except that such duty to indemnify,
defend and hold harmless shall not apply where injury to person or property is caused by
CITY's willful misconduct or sole negligence. The costs, salary and expenses of the City
Attorney and members of his office in enforcing this Agreement on behalf of the City shall
be considered as "attorney's fees" for the purposes of this paragraph.
6. While not restricting or limiting the foregoing, during the term of this Agreement,
CONTRACTOR shall maintain in effect policies of comprehensive public, general, and
automobile liability insurance, in the amount of $1,000,000 combined single limit, and
statutory worker's compensation coverage, and shall file copies of said policies with the
CITY's Risk Manager prior to undertaking any work under this Agreement. The policies
shall name the CITY as an additional insured and shall provide for ten (10) day notification
to the CITY if said policies are terminated or materially altered.
7. CONTRACTOR shall perform work tasks as directed by the City Engineer, but for all
intents and purposes, CONTRACTOR shall be an independent contractor and not an agent
or employee of the CITY.
8. In the performance of this Agreement and in the hiring and recruitment of employees,
CONTRACTOR shall not discriminate on the basis of race, creed, color, religion, sex,
physical handicap, ethnic background or country of origin.
2004-73
Services Agreement —Lim & Nascimento Engineering Corporation
Page 3 of 4
9. Any notice to be given pursuant to this Agreement shall be deposited with the United States
Postal Service, postage prepaid and addressed as follows:
TO THE CITY: James Funk, Director of Development Services
300 North ` D' Street
San Bernardino, CA 92418
TO THE CONTRACTOR William Nascimento, PE, SE
1887 Business Center Drive, Suite 6
San Bernardino, CA 92408
Nothing in this paragraph shall be construed to prevent the giving of notice by personal
service.
2004-73
Services Agreement —Lim & Nascimento Engineering Corporation
Page 4 of 4
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
Date: by
Date: 9- 14-Oc1 by:
ATTEST:
City
ApprovV r d as o fc
l and legal content:
James F. Penman
City Attorney
LIM & NASCIMENTO ENGINEERING
CORPORATI
Signa e
_��, IV43 Cl MF,J ; o
Print Name/Title
CITY OF
Judith V.
Mayor
City of IS
2004-73 Attachment "1"
Lim & NASCIMENTO ENGINEERING CORPORATION Lffl
Monday, February 16, 2004
Mr. Mike Grubbs
City Engineer
City of San Bernardino
300 N. "D" Street, 3rd Floor
San Bernardino, CA 92418
Subject: Mount Vernon Avenue Bridge
Replacement Project
Supplemental Request
Dear Mr. Grubbs:
On September 25, 2003, the City engaged LAN to perform Civil Engineering Project
Management/Coordination Services for the Mount Vernon Avenue Bridge Project. At
that time, our role was envisioned as providing a Senior Project Manager on a weekly
basis to review PB's progress, review a project action item list, attend progress
meetings, and work to assist/represent the City's best interests.
Subsequently, the City terminated PB. The nature of our role has changed from
monitoring PB to proactively assisting the City staff to lead the project. LAN has
assisted the City in selecting and contracting replacement consultants for the work PB
was performing. For environmental work, Myra Frank/Jones & Stokes has been
retained. To complete evaluation of the rehabilitation/retrofit/widening (avoidance
alternative required by 4(f)) study of the bridge, CNS has been retained. Recently LAN
assisted in retaining Associated Engineers to handle right of way base mapping. LAN
has developed details for the replacement alternative in order to facilitate coordination
with BNSF. This work has included designing an alignment, horizontal and vertical, to
enable cost estimate, identification of impacts to the RR, utilities and local streets.
The significant challenges on this project still remain as:
Historical Significance of the bridge.
Railroad Coordination/Work in the RR right-of-way.
Traffic Detours.
Scone of Services
The following is a detailed description of our Scope of Services.
Project Manaaement/Coordination
Schedule Project Development Team Meetings, access need for direction and advise
the City, manage Cities consultants to undertake project development expediently
working towards the goal of obtaining environmental clearance.
1887 Business Center Drive, Suite 6 909-890-0477
San Bernardino, CA 92408 Fax 909-890-0467
2004-73
Mr. Mike Grubbs
Mount Vernon Bridge Replacement
Monday, February 16, 2004
Page 2 of 2
Coordinate with City, Caltrans, BNSF, Myra Frank/Jones & Stokes, CNS Engineers,
Associated Engineers, Inc. and other members of the design team as needed to monitor
progress.
Meetings
Hold and lead project team meetings as needed.
Engineering Support to Environment Clearance Effort
Provide on -call engineering support limited to 240 hrs to the environmental consultant
Myra Frank / Jones & Stokes.
Cost Estimates and Specifications
Monitor cost estimates for total contract value and budgeting and coordinate allocation
amendment with Caltrans.
Fee Proposal
LAN proposes to perform the above civil engineering services on a time and material
basis, for a fee not to exceed $49,000 without prior authorization from the City. This is
an on -call, as -needed effort.
Person
William Nascimento, PE, SE
Dave Boger, P Eng.
Todd Dudley, PE
Eric Girod, PE
Assumptions
Hrs
Rate/Hr
Subtotal
160
$145.00
$23,200.00
0
$145.00
$0.00
120
$125.00
$15,000.00
120
$90.00
$10,800.00
Total
$49,000.00
It is assumed that the work required for this phase will not exceed 18 months.
If you have any questions or wish to discuss this in greater detail, please feel free to
contact me at (909) 890-0477 extension 305.
Sincerely,
LAN Engineering Corp.
G. J. William Nascimento, PE, SE
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