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Home My WebLink About2004-2151 2 3 4 5 6 7 8 10 11 12 13 14 15 17 18 19 20 21 24 25 26 27 28 RESOLUTION NO. 2004-215 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO 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. That the Mayor is authorized to execute Amendment No. 1 to the Services Agreement with Lim & Nascimento Engineering Corporation for Professional Civil Engineering Project Management Services for management of the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad (attached and incorporated herein as Exhibit "A"). SECTION 2. This Amendment No. 1 shall not take effect or become operative until fully signed and executed by the parties and no party shall be obligated hereunder until the time of such full execution. No oral agreements, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. -1- 2004-215 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 25 26 RESOLUTION ..................... APPROVING AMENDMENT NO. 1 TO 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 6th day of July , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA % LONGVILLE x MC GINNIS % DERRY x KELLEY % JOHNSON x MC CAMMACK % City ClerkApt The foregoing resolution is hereby approved this 5s - Approved as to form and legal content: JAMES F. PENMAN, City Attorney -2- of_ July , 2004. of San Bernardino 2004-215 Exhibit "A" t AMENDMENT NO. 1 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this 6th day of July , 2004, between Lim & Nascimento Engineering Corporation ("CONTRACTOR") and the CITY OF SAN BERNARDINO ("CITY)". WITNESSETH: A. WHEREAS, the Mayor and Common Council of CITY adopted Resolution No. 2004-73, approving a Services Agreement with Contractor for Professional Civil Engineering Project Management Services for management of the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad, and, B. WHEREAS, CONTRACTOR has requested an amendment to said Services Agreement (see Attachment "A"); and, C. WHEREAS, CONTRACTOR has provided the most advantageous and best proposal for the provision of said services. NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 of said Services Agreement is amended to read as follows: 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 June 10, 2004, attached hereto and incorporated herein as Attachment "A". 2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this Agreement, CONTRACTOR shall be paid an additional not -to -exceed amount of $74,918.00* for a total not -to -exceed amount as follows: a) Staff approved Purchase Order (less than $25,000) ....... $ 24,650.00 b) Services Agreement approved per Reso. No. 2004-73 ....... 49,000.00 c) Amendment No. 1 to Services Agreement (this request) .... 74,918.00 Total not -to -exceed amount ............. $148,568.00 *Subject to division of costs as identified in Attachment 1. 2004-215 Exhibit "A" Amendment No. t to Services Agreement —Lim & Nascimento Engineering Corporation Page 2 of 2 3. All other terms and conditions of said Services Agreement approved by Resolution No. 2004-73 shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. LIM & NASCIMENTO ENGINEERING CORPORATION Date: - I y _C °I by: W I_ Si ture J. /(/}S Print Name/Title CITY F S BERNARDINO Date: e-,2Oo y by: of San Bernardino ATTEST: achel Clark,City Clerk fly Approved as to f J Approved as to form and legal content: James F. Penman City Attorney By: 2004-215 ATTACHMENT "A" Lim $ NASCIMENTo ENGINEERING CORPORATION LM Thursday, June 10, 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 No. 2 Dear Mr. Grubbs: On September 25, 2003, the City retained LAN Engineering to perform Civil Engineering Project Management/Coordination Services for the Mount Vernon Avenue Bridge Project. Originally the role was envisioned to provide a Senior Project Manager to oversight the City's consultant. The original budget authorized by the City was $24,650. Subsequently, the City terminated its consultant and asked LAN to take on a proactive development role, leading a team to clear the environmental process and complete the preliminary engineering including handling the coordination with the BNSF to lead to an agreement for the replacement of the bridge. On February 16, 2004, LAN requested a supplement (no. 1) to increase its budget to cover the additional scope in the amount of $49,000 bringing the total to $73,650. The City approved this supplement. Although working together with the City, Caltrans, FHWA and the BNSF, we've made great progress, including getting agreement from Caltrans at the local level that bridge replacement is the preferred alternative, recently the project development has led to extensive additional requirements on the work to be done that triggered additional effort and budget. These efforts stem primarily from the requirements set forth by BNSF. BNSF has requested that the City provide a detailed staging and scheduling plan for the demolition of the existing bridge and the construction of the new bridge. Although we agreed to perform this effort out of our existing budget, the effort has become too extensive and at this time we've expended our full budget and are running negative. The reason is that the staging/scheduling effort is so complex that it has led to over 30 sheets of drawings. In addition, after we had completed the staging/scheduling plan, BNSF added a requirement for two additional tracks to serve as shoofly tracks (detour tracks). This requirement not only leads to completely revising the staging/scheduling plan, but also impacts the original bridge concept extending the height and length of the project to close to 5h Street to provide required vertical clearances versus Kingman, as was the case with the original concept. 1887 Business Center Drive, Suite 6 909-890-0477 San Bernardino, CA 92408 Fax 909-890-0467 2004-215 ATTACHMENT "A" 1, Mr. Mike Grubbs Mount Vernon Bridge Replacement Scope of Services The following is a detailed description of our Scope of Services. Project Management/Coordination Thursday, June 10, 2004 Page 2 of 3 Schedule and lead Project Development Team Meetings, access need for direction and advise the City, manage the City's consultants to undertake project development expediently working towards the goal of obtaining environmental clearance and agreement with BNSF. Coordinate with City, Caltrans, BNSF, FHWA, Myra Frank/Jones & Stokes, CNS Engineers, Associated Engineers, Inc., LSA Associates Inc. and other members of the design team as needed to develop the project. Meetings Call, hold, and lead project team meetings as needed. Railroad Engineering / BNSF Coordination/Agreements Develop staging/scheduling plans for the demolition and reconstruction of the Mount Vernon. Revise the following to reflect agreement with the RR: Project layout plan APE (Area of Potential Effect) ROW acquisition requirements plan Bridge general plan (plan, profile and section) and foundation plan Caltrans Coordination/Agreements Prepare new application for funding the project through HBRR. Cost Estimates Monitor cost estimates for total contract value and budgeting, and coordinate allocation amendment with Caltrans. LIU 2004-215 ATTACHMENT "A" Mr. Mike Grubbs Thursday, June 10, 2004 Mount Vernon Bridge Replacement Page 3 of 3 Fee Proposal LAN proposes to perform the above civil engineering services on a time and material basis, for a fee not to exceed $74,918.00 without prior authorization from the City. This is an on -call, as -needed effort. Person Hrs Rate/Hr Subtotal William Nascimento, PE, SE 120 $145.00 $17,400.00 Dave Boger, P Eng. 40 $145.00 $5,800.00 Todd Dudley, PE, SE 120 $125.00 $15,000.00 Eric Girod, PE 80 $90.00 $7,200.00 Vernu Sivakolundu 200 $65.00 $13,000.00 Ray Andrasek 80 $75.00 $6,000.00 CNS Engineers (Subconsultant) $10,518.00 Total $74,918.00 The total cost increases to $148,568.00. 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 GJN/gjn /�