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Home My WebLink About2004-3991 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 23 24 27 RESOLUTION NO. 2004-399 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 2 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. 2 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. 2 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 This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. 2004-399 1 2 3 4 5 6 7 8 14 15 Fide 19 20 21 22 23 24 25 26 27 28 RESOLUTION ..................... APPROVING AMENDMENT NO. 2 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 20th day of December , 2004, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x LONGVILLE x MC GINNIS x DERRY x x KELLEY J014NSON x MC CAMMACK x Ci Clerk The foregoing resolution is hereby approved this 4 4 day of _December 2004, Rikkt Van J nson, Mayor Pro City of San Bernardino Approved as to form and legal content: JAMES F. PENMAN, City Attorney By: -2- 2004-399 Exhibit "A" AMENDMENT NO.2 TO SERVICES AGREEMENT -01 ORIGINAL THIS AGREEMENT is entered into this ; day of December, 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, the Mayor and Common Council of City adopted Resolution No. 2004-215, approving Amendment No. 1 to Services Agreement for Professional Civil Engineering Project management Services for Management of design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad; and, C. WHEREAS, Contractor has requested an amendment to said Services Agreement (see Attachment "A"); and, D. 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 October 1, 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 $55,700.00* 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 ...............74,918.00 d) Amendment No. 2 to Services Agreement (this request)...... 55,700.00 Total not -to -exceed amount .............$204,268.00 2004-399 Exhibit "A" Amendment No. 2 to Services Agreement —Lim & Nascimento Engineering Corporation Page 2 of 2 *Subject to division of costs as identified in Attachment A. 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: QILO 40 by: i ature Cj , All L Gt N.£� Print Name/Title CITY �OF SA%N BERNARDINO Date: 1 7 y C`i by: Rikke Van Johnson, Mayor Pro Tem City of San Bernardino ATTEST: h. ua'4_ Z Rachel Clark, City Clerk Approved as to form and legal content: James F. Penman City Attorney By: �Gw�� 2004-399 Attachment "A" C Lim & NASCIMENTo ENGINEERING CORPORATION Im- Friday, October 01, 2004 Mr. Mark Lancaster 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. 3 Dear Mr. Lancaster: - 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. On June 10, 2004, LAN requested a supplement (no. 2) to increase its budget to cover the additional scope in the amount of $74,918.00 bringing the total to $148,568. The City approved both supplements. Working together with the City, Caltrans, FHWA and the BNSF, we've made significant progress. Principal achievements include getting agreement from Caltrans at the local level and FHWA that bridge replacement is the preferred alternative, successfully assisting the City in responding to the bridge closure by coordinating the shoring to allow reopening of the bridge, preparing and getting a funding supplement approved by Caltrans, and holding a successful public outreach meeting. The City requested LAN to assist in developing and implementing a response to the bridge closure directive from Caltrans. This effort included extensive coordination to shore the existing bridge to allow for its reopening. The effort involved setting up and holding field meetings, coordinating the hiring and the work of the bridge shoring designer, coordinating the hiring of the contractor for the shoring, coordinating with the City's Attorney's office, researching the background of the legal agreements between the City and BNSF for the City Attorney's office, coordinating with the BNSF, and coordinating with Caltrans. As well, LAN undertook the major effort of organizing and making the public presentation for the public outreach meeting for the environmental process. In the process of the above work, LAN has expended its full budget. The budget that was earmarked to complete the bridge construction staging concepts in the BNSF yard was expended in responding to the bridge closure crisis. • 1887 Business Center Drive, Suite 6 909-890-0477 San Bernardino, CA 92408 Fax 909-890-0467 2004-399 Attachment "A" Mr. Mark Lancaster Friday, October 01, 2004 Mount Vernon Bridge Replacement Page 2 of 3 • In view of the above, we are requesting additional funds to allow us to complete the coordination with the RR and continue to assist the City in getting environmental clearance. We understand the City is poised to retain a PS&E design team or possibly a Design/Build team and therefore assume that our role as Project Management support should be complete once we resolve the pending issue of staging with BNSF. Scope of Services The following is a detailed description of our Scope of Services. Project Management/Coordination Schedule and lead Project Development Team Meetings, assess needs 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 Complete 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 Cost Estimates 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 $55,700.00 without prior authorization from the City. This is an on -call, as -needed effort. LUI 2004-399 Attachment "A" Mr. Mark Lancaster Friday, October 01, 2004 Mount Vernon Bridge Replacement Page 3 of 3 • Person Hrs Rate/Hr Subtotal William Nascimento, PE, SE 100 $145.00 $14,500.00 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 Total $55,700.00 This additional supplement brings the total cost to $204,268.00. 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. Cam_ _ _ 1-4-1. G. J. William Nascimento, PE, SE • GJN/gjn 11