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HomeMy WebLinkAbout2001-336 , . " 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 , . RESOLUTION NO. 2001-336 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH PARSONS BRINCKERHOFF, QUADE & DOUGLAS, INC. FOR THE DESIGN OF THE MOUNT VERNON A VENUE 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 an Amendment to the Professional Engineering Services Agreement with Parsons Brinckerhoff Quade & Douglas, Inc. for replacement of Mount Vernon Avenue viaduct over the BNSF Railroad Yard (Exhibit "A"). The attached proposal dated October 5,2001, and marked Exhibit "B", submitted by Parsons Brinckerhoff Quade & Douglas, to perform extra work for a fixed fee of $19,700.00, under terms of a Professional Services Agreement with said Engineer authorized by Resolution No. 1999-228, is hereby approved. Such approval shall be effective only upon Amendment No. I being fully executed by both parties. The Mayor is hereby authorized and directed to execute said Amendment No. Ion behalf of the City. A copy of Amendment No. I is attached as Exhibit "A" and incorporated herein by reference as fully as though set forth at length. SECTION 2. This Amendment 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 This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. III " 2001-336 1 2 3 4 5 6 7 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO.1 TO THE PROFESSIONAL ENGINEERING SERVICES AGREEMENT WITH PARSONS BRINCKERHOFF, QUADE & DOUGLAS, INC. FOR THE DESIGN OF THE MOUNT VERNON A VENUE VIADUCT OVER THE BNSF RAILROAD. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor joint and Common Council of the City of San Bernardino at a regular meeting thereof, held on the 5th day of November, 2001, by the following vote, to wit: 8 Council Members: NAYS ABSTAIN ABSENT AYES 9 10 11 12 13 14 15 x ESTRADA LIEN x x MCGINNIS x SCHNETZ SUAREZ x x ANDERSON 16 MCCAMMACK 17 18 19 20 x ~~ 2001. day of November , The foregoing resolution is hereby approved this 21 22 23 24 25 26 J dith Valles, Mayor ty of San Bernardino Approved as to Forn1 and legal content: JAMES F. PENMAN, City Attorney 27 By:L.-. f-~ 28 0 . 2001-336 EXHIBIT "A" AMENDMENT NO. 1 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH PARSON BRINCKERHOFF QUADE & DOUGLAS, INC. This AMENDMENT NO. I is made and entered into this 5th of November 2001, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "CITY" and Parsons BrinckerhoffQuade & Douglas, Inc., a New York corporation, hereinafter referred to as "ENGINEER". WITNESSETH WHEREAS, San Bernardino City Couneil, on September 7, 1999, adopted Resolution No. 1999-228 approving an Agreement for Professional Services with Engineer for preparation of environmental documents, plans, specifications, estimates and construction documents for the construction of a new bridge over the Burlington Northern Santa Fe (BNSF) Railroad Yards; and WHEREAS, subsequent to Agreement approval, During an environmental phase of the project , Historic Property Survey Report (HPSR) was prepared and reviewed by CALTRANS Environmental Division. CALTRANS concluded that based on HPSR the Mt. Vernon Viaduct appears to be eligible for the National Register of Historic places (NRHP).; and WHEREAS, this conclusion has lead to additional studies as required by the National Environmental Policy Act (NEPA); and WHEREAS, these studies are to demonstrate that there is no prudent or feasible alternative to use of the land on a historic site, and that the project includes all possible planning to minimize harm to the historic site resulting from the use; and WHEREAS, Engineer has requested an amendment to the Agreement to eover the cost of additional services required to complete these revisions; and WHEREAS, paragraph 5.B. of Agreement allows adjustment to the total cost of services when the Engineer and City agree in writing that there has been, or will be, a significant change in the scope, eomplexity or character of the services to be performed; and WHEREAS, City agrees that the requested revisions are not within the scope of services covered in Agreement; and WHEREAS, the proposed additional services to be performed by Engineer are described in a letters from Engineer dated October 5, 2001, identified as Exhibit "B", respectively, attached hereto and made a part hereof. NOW, THEREFORE, it is mutually agreed, as follows: I. SCOPE OF SERVICES AMENDMENT NO. I TO AGREEMENT FOR PROFESSIONAL SERVICES WITH PARSON BRINCKERHOFF QUADE & DOUGLAS, INC. Engineer shall perform those additional services identified in Exhibit "B". 2. COMPENSATION Upon satisfaetory completion of the additional serviees contained herein City shall pay to Engineer an additional fixed fee of $19,700.00, as deseribed in Exhibit "B". Page I of 2 J<;XHlHfl' "A". . 2001-336 3. NO ADDITIONAL CHANGES Exeept as otherwise stated in this Amendment No.1, all terms of the original Agreement, as approved by City on September 7, 1999, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have eaused this Agreement to be executed on the date written above by their duly authorized officers on their behalf. ATTEST: CITY OF SAN BERNARDINO BY:~~ Ra I Clark, City Clerk City of San Bernardino BY: J i Valles, Mayor it of San Bernardino Parson Brinckerhoff Quade & Douglas, Inc. BY f!i!z;:ptN,i- NA~ AGOPo\llc~ TITLE: \j \ t: p ? f"'ei) ~ d"€N\ \-- Approved as to form and legal content: JAMES F. PENMAN City Attorney BY: k 9-.~ () Page 2 of 2 2001=-336 EXHIBIT "B" f(W ,f....I?~ Parsons 685 East Carnegie Drive 8rlnckemoff Suite 210 San Bernardino. CA 92408-3507 909-888-1106 Fax: 909-889-1884 ~i~~ October 5, 2001 1-~~~~~OW[gfi)\ L 1J .',.,', d " 2nO! l!V .~ / i :} G U Mr. Raymond Casey, PE City Engineer City of San Bemardino 300 North "0" Street San Bemardino, CA 92418 " CiTY UF SAN BERNARDINO D[VElOPMENT SERVICES DEPARTMENT Subject: Mt Vernon Bridge Replacement Project Request for Change of Project Manager and Updated Phase 1Schedule, Request for Change to the Cost of PB Services (Second Resubrnlttal.) Dear Mr. Casey: Thank you for taking the time of discussing with Ray Fares the concems of the City regarding our previous cost change requests. Pursuant to these discussions, we have made significant changes to the scope of work outlined in our June 12, 2001, and March 29, 2001 letters to the City. However, we remain uncertain to whether these changes fully address your indicated concems, and therefore, we very much look forward to an opportunity to make additional and prompt adjustments, as you deem necessary. We believe this proposal should carry us to the successful completion of Phase 1, but not without risks, as addressed in our June 12, 2001 letter and elsewhere in this letter. Project Manager We like to propose Mr. Ray Fares, as our Project Manager, responsible for the management and day-to-day coordination of Phase 1 and 2 works. We have attached his Resume for your review. Ray Fares has repeatedly shown his enthusiasm to be part of this project, and he stands committed to deliver on your expectations. Further, and repeating an earlier verbal commitment to you, clearing this project environmentally will be David Clark's number one priority. In my opinion, he is the RIGHT person to move this project quickly through Caltrans and involved agencies. He is very eager to commence the additional and remaining work leading to the completion of Phase 1. Updated Phase 1 Schedule and Progress Reports Attached is a revised schedule for the completion of Phase 1. This schedule assumes about 3.5 months of City/CaltranslFHWA, agency and public reviews. City and Caltrans reviews are assumed to be concurrent. Phase 1 completion is expected by end of March 2002. Weekly progress reports will be submitted to Mr. Mehran Sepehri of the City of San Bernardino. The following highlights some milestone completion dates: Final HPSR Section 4f/Screencheck EA Draft Finding of Adverse Effect (FAE) Caltrans & FHWA Approved EA Completion Date September 24, 2001 October 5, 2001 October 12, 2001 December 21, 2001 Dv.)?' /] Centu,;,y oot Enq;neerinrg E'xceJIvnce 2001-336 EXHIBIT "B" - --=~~ ----'00 Y~'ARS Change to the Cost of PB Services (Second Resubmlttal) The following amends the scope and associated fees depicted in the June 12, 2001 letter: ItemlA Item 1B ltemlC ItemllA Item liB Scope Revision(s) Scope is limited to performing additional environmental studies associated with the Finding of Adverse Effect and Section 4 (f) Evaluation. These additional studies are required as a result of the potential historic value of the existing bridge. (Unchanged.) This scope is now limited to a brief memorandum that consists of: (1) updating the bridge seismic retrofit costs, (2) demonstrating the infeasibility of a bridge rehabilitation alternative, and (3) explaining the opportunities available to the City in term of rolling additional retrofit funds (if any) into the replacement project, and in term of leveraging STIP dollars as a match for the HBRR dollars. Effort associated with a cable-stayed bridge alternative is omitted. Foundation concepts will be evaluated in Phase II. (Unchanged.) SUBTOTAL 1 In conclusion, we are requesting a contract change amount of $19,700. We very much look forward to working with you and Mr. Mehran Sepehri. Very truly yours, PARSONS BRINCKERHOFF QUADE & DOUGLAS, INC. Bedros Agopovich, PE Vice PresidenVProject Director Revised Fee $11,700 $0 $8000 $0 $0 $19,700 CC: Ray Fares, PE Enclosures: Schedule, Resume for Ray Fares, Letters dated June 12, 2001 and March 29, 20001 Over a Century cf EngineeringE",:.r t.:: ii"jj,i"MCe