HomeMy WebLinkAbout19-Development Services
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Dept:
Subject:. Resolution authorizing the
execution of Professional Services
Development Servic1'\ RIG 1 N A L Agreement with Urn & Nascimento
U Engmeenng CorporatIOn for the Project
February 25, 2004 Management of the Mt. Vernon Ave.
Viaduct over the BNSF railroad.
MCC Date: 03-15-04
From: James Funk, Director
Date:
File: 1.7121
Synopsis of Previous Council Action:
03-04-96 Approval given to submit request for authorization of funds under Federal Aid
Highway HBRR Program.
11-04-96 Approval of $20,000 for preparation of conceptual plan.
05-19-97 Authorization to execute agreement for professional services with DMJM for
conceptual plan approved.
03-15-99 Adopted Resolution authorizing execution of professional engineering services
agreement with Parsons Brinckerhoff Quade & Douglas, Inc.
07-06-99 Approved Budget carry-over of $498,200 in Account No. 129-367-5504-7121 as
local matching funds for Mt. Vernon Grade Separation at BNSF.
09-07-99 Authorization to execute agreement with Parson Brinckerhoff Quade & Douglas Inc.
for Professional Engineering Services.
12-01-03 Adopted resolution approving Professional Environmental Services Agreement with
Myra L. Frank and Associates for environmental services related to the Mt. Vernon
Bridge Project.
Recommended Motion:
Adopt Resolution.
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Contact person: Michael Grubbs. Acting City Engineer
Phone:
5179
Supporting data attached: Staff Report, Resolution, Exhibit A Ward: 1 & 3
FUNDING REQUIREMENTS: Amount: $49,000.00
129-367-5504-7121
Source: (Acct. Nos.)242-362-5504-7121
Acct. Description: Mt. Vernon Grade Separation at
BNSF (SS04-12)
Finance:
:i 15 )fJY
C '1 N t \~4d2004- 'l.~
ounCl 0 es:
Agenda Item No. -1..!1-
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
Subject:
Resolution authorizing the execution of Professional Services Agreement with Urn &
Nascimento Engineering Corporation for the Professional Civil Engineering Project
Management for the design of the Mt. Vernon A venue Viaduct over the BNSF railroad.
Background:
On September 7, 1999, the Mayor and Council adopted Resolution No. 1999-228, approving a
Professional Services Agreement with Parson, Brinckerhoff, Quade and Douglas, Inc. at a
lump sum cost of $949,560 for design of Mt. Vernon Viaduct over BNSF railroad. This
Agreement was originally approved by the Mayor and Council on March 15, 1999, but was
delayed until CALTRANS completed the pre-award process favorably.
During the environmental phase of the project, a Historic Property Survey Report (HPSR) was
prepared and reviewed by the Caltrans Environmental Division. Caltrans concluded that based
on the HPSR the Mt. Vernon Viaduct appeared to be eligible for the National Register of
Historic Places (NRHP) and a letter from the State Historic Preservation Officer (SHPO) in
March of 2002 confirmed that the bridge is eligible for listing. This conclusion has led to
additional studies as required by the National Environmental Policy Act (NEPA). These
studies are necessary to demonstrate that there is no prudent or feasible alternative to use of the
historic site property, and that the project includes all possible planning to minimize harm to
the historic site resulting from the use.
Progress on the historic and environmental part of the process had not been satisfactory. On
October 1, 2003, the Agreement with Parson, Brinckerhoff, Quade and Douglas, Inc. was
terminated for the convenience of the City.
The schedule for this project has been adversely affected by the historical designation. The
expected study preparation and review time has been increased substantially. A historical
designation necessitates greater review by State and Federal agencies, including the State
Historic Preservation Officer (SHPO), Federal Highway Administration (FHW A), and
Caltrans. Consequently, it is estimated that the environmental review will require another 18
months to complete; final design, review, and approval ten to twelve months; and construction
twelve to sixteen months beyond that. It is now anticipated that construction of the bridge
could begin in late 2005 or early 2006.
Subsequent to termination of the Parson Brinkerhoff Agreement, staff retained William
Nascimento of Lim and Nascimento Engineering Corporation to act as project manager for the
project. Mr. Nascimento is a licensed Civil Engineer and a licensed Structural Engineer and
has extensive experience in bridge design and processing of Federally funded projects through
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report (Continued)
Caltrans. Mr. Nascimento was retained on a short form contract with the City for an amount
of $24,500.
Mr. Nascimento has performed extremely well as the Project Manager. Based on his
recommendation, Myra 1. Frank & Associates, Inc. was retained to complete the
environmental documents for the project and process them through Caltrans. Additionally,
CNS Engineers, a Structural Engineering firm, and Associated Engineers, Inc. have been
retained to complete a solid team of environmental specialists, structural engineers and Civil
Engineers.
Significant challenges remain to be overcome in order to move this project to construction;
however, staff feels that progress toward that goal has been satisfactory.
The fees authorized by Mr. Nascimento's short form contract with the City have been
expended and much work remains to be done which will require Mr. Nascimento's continued
services. Attached is a proposal from Mr. Nascimento, dated February 16,2004, proposing to
complete the management of the environmental phase of the work for an additional $49,000.
We feel this fee is reasonable and recommend that the City retain Lim & Nascimento
Engineering Corporation to continue as the Project Manager for this project.
Financial Impact:
This project is budgeted in the FY 2003/04 Capital Improvement Program (CIP) as Project No.
SS04-12. The majority of the cost for this project (80% percent) is eligible for reimbursement
through a combination of Highway Bridge Replacement and Rehabilitation (HBRR) funds and
Seismic Retrofit funds from the Federal Highway Administration. Staff anticipates the local
match (20% percent) will come from a combination of 1/2-Cent Sales Tax Fund and a State
Infrastructure Bank Loan. $200,000 of I/2-Cent Sales Tax Funds are budgeted for this project
in FY 2003/04. An additional $200,000 of I/2-Cent Sales Tax Funds are to be budgeted in
FY 2004/05 per the CIP. A State Infrastructure Bank Loan in the amount of $2,500,000 is
proposed to be budgeted in FY 2005/06 as the local match for the cost of construction.
80% percent of the cost of this Agreement with Lim & Nascimento will be reimbursable from
a combination of HBRR funds and Seismic Retrofit Funds, subject to the City providing the
20 % percent matching funds.
Recommendation:
Adopt Resolution.
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RESOLUTIto ~1f
RESOLUTION OF THE CITY OF SAN BERl'iARDIl'iO APPROVIl'iG A
SERVICES AGREEMENT WITH LIM & NASCIME:\ITO El'iGIl'iEERING
CORPORATION FOR PROJECT !\IA:\IAGEMENT OF THE !\IT. VER.'\ION AVEl'iUE
VIADUCT OVER THE BNSF RAILROAD.
BE IT RESOLVED BY THE 1\1 A YOR Al'iD COMMON COUl'iCIL OF THE CITY
OF SAN BER:\IARDlNO AS FOLLOWS:
SECTION I. 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
549.000.00. Pursuant to this determination, the Purchasing Manager is hereby authorized and
dirccted to issue Purchase Orders for said services to said firm. The Mayor is hereby authorized
16 and directed to execute said agreement on behalf of the CIty.
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SECTION 2. The authorization to execute the above referenced Agreement is rescinded
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ifit is not executed within sixty (60) days of the passage of this resolution.
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RESOLLTTION......APPROVING A SERVICES AGREnlENT WITH LI:\1 &
NASCIMENTO ENGINEERING CORPORATION FOR PROJECT MANAGE:\lEI'iT OF
THE MT. VERNON A VENLTE VIADLTCT OVER THE BNSF RAILROAD.
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8 ESTRA.DA
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
, 2004, by the following vote, to wit:
day of
on the
ABSTAIN
ABSENT
NAYS
AYES
Council Members:
9 LONGVILLE
10 \1C GINNIS
11 DERRY
12
KELLEY
13
14 JOHNSON
15 Me CAMMACK
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22 Approved as to
form and legal content:
City Clerk
day of
,2004.
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
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JAMES F. PENMAN,
24 City Attorney
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Exhibit "A"
SERVICES AGREEMENT
THIS AGREEMENT is entered into this _ day of
Lim & Nascimento Engineering Corporation ("CONTRACTOR")
BERNARDINO ("CITY)".
, 2004, between
and the CITY OF SAN
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.
Services Agreement -Lim & Nascimento Engineering Corporation
Page 2 of4
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 liabiliry insurance, in the amount of $1,000,000 combined single limit, and
starutory 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.
Sen-ices Agrel.'ment -Lirn & :i\Jscimcllto 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.
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Ser\'iccs Agreement -Lim & r\ascimcnto Engineering Corporation
Page 4 of 4
IN WITl'iESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
L1M & NASCIMENTO
CORPORA nON
ENGINEERING
Date:
by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
by:
Date:
Judith Valles
Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
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Attachment "1"
lIM & NASCIMENTO ENGINEERING CORPORATION
1M
Monday, February 16, 2004
Mr. Mike Grubbs
City Engineer
City of San Bernardino
300 N. "0" 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
ManagemenVCoordination Services for the Mount Vemon 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 assisVrepresent 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/retrofiVwidening (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 CoordinationlWork in the RR right-of-way.
. Traffic Detours.
ScoDe of Services
The following is a detailed description of our Scope of Services.
Project ManaaemenVCoordination
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
San Bernardino, CA 92408
909-890-0477
Fax 909-890-0467
Mr. Mike Grubbs
Mount Vernon Bridge Replacement
Monday, February 16,2004
Page 2 0'2
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.
Meetinos
Hold and lead project team meetings as needed.
Enoineerino Suocort to Environment Clearance Effort
Provide on-call engineering support limited to 240 hrs to the environmental consultant
Myra Frank I Jones & Stokes.
Cost Estimates and Soecifications
Monitor cost estimates for total contract value and budgeting and coordinate allocation
amendment with Caltrans.
Fee ProDosal
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 En9.
Todd Dudley, PE
Eric Girod, PE
Hrs
160
o
120
120
Rate/Hr
$145.00
$145.00
$125.00
$90.00
Total
Subtotal
$23,200.00
$0.00
$15,000.00
$10,800.00
$49,000.00
AssumDtions
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 ex1ension 305.
Sincerely,
LAN Engineering Corp.
r::::.1L-1d.~
G. J. William Nascimento, PE, SE
1M
OFFICE OF THE CITY CLERK
RACHEL G. CLARK, C.M.C. - CITY CLERK
300 North "D" Street. San Bernardino. CA 92418.0001
909.384.5002. Fax: 909.384.5158
www.ci.san-hernardino.ca.us
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March 19,2004
William Nascimento, PE, SE
1887 Business Center Drive, Suite 6
San Bernardino, CA 92408
Dear Mr. Nascimento,
At the Mayor and Common Council meeting of March 15, 2004, the City of San Bernardino
adopted Resolution 2004-73 - Resolution approving a services agreement with Lim &
Nascimento Engineering Corporation for project management of the Mt. Vernon Avenue viaduct
over the BNSF railroad.
Enclosed is one (1) original agreement. Please sign in the appropriate location and return the
original agreement to the City Clerk's Office, Altn: Michelle Taylor, P.O. Box 1318, San
Bernardino, CA 92402, as soon as possible.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by May 14,2004.
If you have any questions, please do not hesitate to contact me at (909)384-5002.
Sincerely,
:IJ!,l' [~[I,
Michelle Taylor
Senior Secretary
Enclosure
CiTY OF SAN BERNARDINO
n.__ ~__, "T, _ T~~_ L_,,_ __:,_. . ^ ~~~"..."h;l;t" .. D"'[',~"'('t f".. l-J"nl'.:ln lIionitv. \-~OTH-'.l:.tv
LIM & NASCIMENTO ENGINEERING CORP.
1m
March 25, 2004
City of San Bernardino
Office of The City Clerk
P.O. Box 1318
San Bernardino, CA 92402
AUn: Michelle Taylor
Subject: Mt. Vernon Avenue viaduct over the BNSF railroad.
Dear Michelle Taylor,
Enclosed is one (1) signed original Agreernent of the above-referenced for return
as requested.
If you should need anything else, please contact me at the address below.
Sincerely,
-(~Le-
T~~?2e
Accounting Department
949/450-2800 Ext. 202
Enclosures
12 L Mauchly
Irvine, CA 92618
(949) 450-2800
Fax (949) 450-2805
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
March 26, 2004
TO:
Mary Freiberg, Senior Admin. Ops. Supervisor
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-73 - Lim & Nascimento Engineering Corporation
CC:
Veronica Martinez, Senior Secretary
Attached is a fully executed copy of the services agreement with Lim & Nascimento Engineering
Corporation for project management of the Mt. V emon Avenue viaduct over the BNSF railroad.
The original agreement is on file in the City Clerk's Office.
If you have any questions, please call me at ext. 3206.
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): 3-IS-o,-\ Item # \"1 Resolution # ZCJ::)4..- '13
Vote: Ayes \ \ 3 - ') Nays er Abstain B Absent :J....
Change to motion to amend original documents D Companion Resolutions
NulI/Void After: (PO days 1 5 - I L( -0 '1
Resolution # On Attachments: ~ Note on Resolution of attachment stored separately: D
PUBLISH D
POST D
RECORD W/COUNTY D
By:
Date Sent to Mayor:
Date of Mayor's Signature:
3-lb-O't
-3 lb <",-/
Date of ClerklCDC Signature: 3- II - O'-j
Reso. Log Updated:
Seal Impressed:
0'"
EJ-
3.\CJ-0CI Date Returned: 3-2(,.,--("1
2"d Reminder Letter Sent:
Not Returned: D
Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
YesL
Yes
Yes
Yes
No
NoL-
No ,/
No ,/
No /
By
By
By
By
By'_
Yes
Copies Distributed to:
Animal Control D EDA D Information Services D
City Administrator D Facilities D Parks & Recreation D
City Attorney 0' Finance 0'" Police Department D
Code Compliance D Fire Department D Public Services D
Development Services rtI Human Resources D Water Department D
Others: 3
Notes:
Ready to File: _
Date:
Revised 12/18/03