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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
MCC Date:
Resolution awarding contract to Yeager
Skanska, Inc. for installation of
temporary support for the Mt. Vernon
Bridge over the BNSF Railroad and
authorization for the Director of
Finance to amend the FY 2003/04
Budget.
June 7, 2004
From:
James Funk, Director
Subject:
Dept:
Development Services
Date:
June 7, 2004
OR1GlNAl
FileNo.
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
03-15-04 Associates for environmental services related to the Mt. Vernon Bridge Project.
Adopted Resolution authorizing the execution of Professional Services Agreement with Urn & Nascimento
Engineering Corporation for the Project Management of the Mt. Vernon Ave. Viaduct over the BNSF railroad.
Recommended Motion:
I. That the Director of Finance be authorized to amend the FY 2003/04 Budget to transfer $190,000 from
Unallocated FY 2003/04 Measure "I" fund balance to Account No. 129-367-5504-7121 "Mt. Vernon
Bridge" (S804-12).
2. Adopt Resolution.
~p..,:'"~ -~ HL. n/C. J: F
James Funk
Contact Person: Michael Grubbs, Acting City Engineer
Phone:
5179
Supporting data attached: 8taffReport, Map, Resolution
Ward:
I
FUNDING REQUIREMENTS: Amount: $190.000.00
Source:(Acct. No) 129-367-5504-7121
Acct. Description: Mt. Vernon Bridge (8804-12)
Finance:
Council Notes:
17~""'O~ ~<{- 15'1
Agenda Item No. ~ ~~
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution awarding contract to Yeager Skanska, Inc. for installation of temporary support for the
Mt. Vernon Bridge over the BNSF Railroad and authorization for the Director of Finance to amend
the FY 2003/04 Budget.
Background:
On June 3, 2004, Caltrans issued a report, which resulted from an in-depth "fracture critical" steel
inspection on the Mount Vernon Bridge. During the inspection, Caltrans Inspectors determined that
various steel members were cracked. These cracks occurred at one span, towards the north end of
the bridge in the southbound lanes and toward the south of the bridge in the northbound lanes.
Caltrans recommended immediate closure of the entire bridge. The City concurred and completed
the closure on June 4,2004.
A field meeting was held on June 4,2004, with BNSF, Caltrans, LAN Engineering, CNS Engineers
(Structural Engineer), and Yeager Skanska, Inc., (specialized bridge contractor) to investigate the
possibility of emergency shoring of the bridge in order to reopen it as quickly as possible. The
conclusion of the meeting was that it is feasible to design and construct temporary shoring in
accordance with Caltrans policies and procedures that will support the beams that are cracked by
transferring the loads to the ground using posts and allow reopening of the bridge. Yeager Skanska,
Inc. agreed to perform the work under a "force account" or time and materials basis using the
Caltrans allowable rates.
LAN Engineering, the City's project manager, met with Dean Morris of Morris Engineering, a
specialty bridge shoring designer. Morris Engineering agreed with the feasibility of the work and
agreed to perform the design.
Staff is seeking the authority to contract under emergency authorization of the City Council with
Yeager Skanska, Inc. to install the shoring, The design will be prepared by Morris Engineering and,
checked by both LAN Engineering and Caltrans. The City will handle coordination with BNSF and
Caltrans with assistance from LAN Engineering.
The design will be prepared by Morris Engineering at an estimated cost of $10,000, It is estimated
that the cost of construction will be approximately $165,000 and the cost for construction
management support will be $15,000. Therefore, the estimated total cost of the project is $190,000.
Under the provisions of Chapter 12.20 of the Municipal Code, this project is defined as "repair or
maintenance" and is, therefore, exempt from the requirement for competitive bidding.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
Financial Impact:
Staff proposes that the Director of Finance be authorized to amend the FY 2003/04 Budget to
transfer $190,000 from Unallocated FY 2003/04 Measure "I" fund balance to Account No. 129-367-
5504-7121 "Mt Vernon Bridge" (SS04-12).
Funding for the accessibility improvements at various locations will be recommended for
supplemental funding in the FY 2004/05 Capital Improvement Program.
Recommendation:
1. That the Director of Finance be authorized to amend the FY 2003/04 Budget to transfer $190,000 from
Unallocated FY 2003/04 Measure "I" fund balance to Account No. 129-367-5504-7121 "Mt. Vernon
Bridge" (SS04-12).
2. Adopt Resolution.
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RES~Q~Y
RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO YEAGER SKANSKA, INC. FOR
INSTALLATION OF TEMPORARY SUPPORT FOR THE MT. VERNON BRIDGE
OVER THE BNSF RAILROAD PER LETTER PROPOSAL, DATED JUNE 7, 2004.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. Yeager Skanska, Inc. at 1995 Agua Mansa Road, Riverside, CA 92508 is
a responsible bidder for Installation of Temporary Support for the Mt. Vernon Bridge over the
BNSF Railroad per letter proposal dated June 7, 2004. A contract is awarded accordingly to
said bidder in a not-to-exceed amount of $165,000.00; however, the exact amount will be
determined based on time and material per section 9-1.03 of the California Standard
Specifications for construction of local streets and roads, dated July 2002, but such award shall
be effective only upon being fully executed by both parties. The Mayor is hereby authorized and
directed to execute said contract on behalf of the City; a copy of the contract is attached as
Exhibit "A" and incorporated herein by reference as fully as though set forth at length.
SECTION 2. This contract and any amendment or modifications thereto 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.
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RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AWARDING A CONTRACT TO YEAGER SKANSKA, INC. FOR
INSTALLATION OF TEMPORARY SUPPORT FOR THE MT. VERNON BRIDGE
OVER THE BNSF RAILROAD PER LETTER PROPOSAL, DATED JUNE 7, 2004.
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 on the
day of , 2004, by the following vote, to wit:
Council Members:
ABSTAIN
ABSENT
AYES
NAYS
ESTRADA
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of , 2004.
Judith Valles, Mayor
City of San Bernardino
Approved as to
form and legal content:
9-~
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EXHIBIT "A"
AGREEMENT
CITY OF SAN BERNARDINO
THIS AGREEMENT is made and concluded this _ day of
between the City of San Bernardino (hereinafter "City"), and Yeager Skanska,
"Contractor").
, 2004,
Inc. (hereinafter
1. For and in consideration of the payments and agreements hereinafter mentioned, to be
made and performed by the City, subject to the bonding requirements indicated below, Contractor
agrees with the City, at Contractor's own proper cost and expense to perform all work necessary,
including supplying all necessary equipment and material, to complete, in good workmanlike and
substantial manner, the
INSTALLATION
OF
TEMPORARY SUPPORT
FOR THE MT. VERNON BRIDGE
OVER BNSF RAILROAD
in strict conformity with letter proposal, dated June 7, 2004, and designs to be provided by City, and
also in accordance with Standard Specifications for Public Works/Construction, 2003 Edition, on file
in the Office of the City Engineer, Public Works Division, Department of Development Services City
of San Bernardino, which said Special Provisions and Standard Specifications are hereby especially
referred to and by such reference made a part hereof.
2. The Payment and Faithful Performance Bonds shall be filed with the Engineer before
the contract is executed by the City in accordance with Section 2-4, "CONTRACT BONDS", of the
Standard Specifications. The contract bonds, including payment Bond (Material and Labor Bond) and
Performance Bond shall be underwritten by a surety company having Best's most recent Insurance
Guide of "A" or better. Bonds must be issued by a surety who is listed in the latest version of U.S.
Department of Treasury Circular 570 and is authorized to issue bonds in California
3. Contractor agrees to receive and accept the time and material rates set forth in the
section 9-1.03 of the California Standard Specifications for construction of local streets and roads,
dated July 2002, as full compensation for furnishing all materials and doing all the work contemplated
and embraced in this agreement in an amount not to exceed $165,000.00; also for all loss or damage
arising out of the nature of the work aforesaid or from any unforeseen difficulties or obstructions
which may arise or be encountered in the prosecution of the work and for all risks of every description
connected with the work; also for all expenses incurred by or in consequence of the suspension or
discontinuance of work, and for well and faithfully completing the work and the whole thereof, in the
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EXHIBIT "A"
manner and according to the letter proposal, dated June 7, 2004, and designs to be provided by the
City, and requirements of the Engineer under them.
4. The Contractor herein covenants by and for himself or herself, his or her heirs,
executors, administrators, and assigns, and all persons claiming under or through them, that there shall
be no discrimination against or segregation of, any person or group of persons on account of race,
color, creed, religion, sex, marital status, national origin, or ancestry in the performance of this
contract, nor shall the Contractor or any person claiming under or through him or her, establish or
permit any such practice or practices of discrimination or segregation with reference to the selection of
subcontractors, vendees, or employees in the performance of this contract.
5. City hereby promises and agrees with the said Contractor to employ, and does hereby
employ the said Contractor to provide the materials and to do the work according to the terms and
conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the
same at the time, in the manner, and upon the conditions above set forth; and the same parties for
themselves, their heirs, executors, administrators, and assigns, do hereby agree to the full performance
of the covenants herein contained.
6. Jt is further expressly agreed by and between the parties hereto that should there be any
conflict between the terms of this instrument and the bid of said Contractor, then this instrument shall
control and nothing herein shall be considered as an acceptance of said terms of said bid conflicting
herewith.
7. JNSURANCE REQUJREMENTS -- Contractor shall procure and maintain for the
duration of the contract insurance against claims for injuries to persons or damages to property which
may arise from or in connection with the performance of the work hereunder by the Contractor, his
agents, representatives, employees or subcontractors.
8. The Contractor shall indenmify and save harmless the City of San Bernardino, the State
of California, the County of San Bemardino and/or any incorporated city from all claims or suits for
damages arising from the prosecution of the contract work, as more fully described in Subsection 5-
1.06, "Contractor's Liability".
9. The Contractor agrees to protect, defend and indemnify the City of San Bemardino
against loss, damage or expense by reason of any suit claims, demands, judgements and causes of
action caused by the Contractor, its employees, agents or any subcontractor, or by any third party
arising out of or in consequence of the performance of all or any operations covered by the Certificate
of Insurance. The Contractor, at its option, may include such coverage under Public Liability
coverage.
10. LJABILITY JNSURANCE -- The Contractor's attention is directed to Section 7-3,
"Liability Insurance", of the Standard Specifications, providing that the Contractor shall furnish the
City with a policy or certificate of liability insurance prior to execution of the contract. All of the
Insurance Policy shall name the City of San Bernardino as additionally insured. The endorsement
shall be provided by/or agent of the insurance company and shall be notarized to that affect.
EXHIBIT "A"
ACCORD Forms are not acceptable nor forms signed by the broker, unless they have Power of
Attorney to bind the insurance provider. (See attached sample forms.)
II. Contractor shall maintain minimum limits of insurance no less than:
a) General Liability: $1,000,000.00 per occurrence for bodily
injury, personal injury and property damage. If Commercial General Liability
Insurance or other form with a general aggregate limit shall apply separately to
this project/location or the general aggregate limit shall be twice the required
occurrence limit.
b)
Products/Completed:
$1,000,000.00
c) Automobile Liability: $1,000,000.00 per accident for bodily injury and
property damage.
d) Employer's Liability: $1,000,000.00 per accident for bodily injury or
disease.
e)
Course of Construction:
Completed value of the project.
12. A combined single limit policy with aggregate limits in an amount of not less than
ONE MILLION DOLLARS ($1,000,000.00) shall be considered equivalent to the said required
minimum limits set forth hereinabove.
13. WORKER'S COMPENSATION INSURANCE -- The Contractor's attention is directed
to Section 7 -4, "Worker's Compensation Insurance", of Standard Specifications, providing that the
Contractor shall file a signed certification Certificate of Worker's Compensation Insurance before
execution of the contract.
EXHIBIT "A"
IN WITNESS WHEREOF, the parties of these present have hereunto set their hands the year
and date first above written.
CONTRACTOR
CITY OF SAN BERNARDINO
Name of Firm:
YEAGER SKANSKA, INC.
BY:
JUDITH V ALLES, Mayor
City of San Bernardino
BY:
TITLE:
ATTEST:
MAILING ADDRESS:
1995 Agua Mansa Road
RACHEL CLARK, City Clerk
_Riverside, CA 92508
PHONE NO.:(909 )_684-5380
APPROVED AS TO FORM
AND LEGAL CONTENT:
JAMES F. PENMAN, City Attorney
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NO.8ll P.Z/3
EXHIBIT "B"
YRg_ San.a Inc.
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-
~Yeager
SICANSKA
June 7, 2004
Mr. Mike Grubbs, Acting City Engineer
300 Nom D Street, Third Floor
San BemardiDo, CA 92418
Fax 9~3&4-S1SS
Phone 909-384-5179
Temporary Support oeMount Vemon Overhead
Gentlemen:
RefereDce is made to your rn....ri"g that was took place on June 4, 2004 at the MoUDt
Vernon Overbeed Bridp in Sill Bernardino. The purpose oflhis meeting was to
view extcllsive cncking that has developed in the web. of VlriOUl floor beams IDd
his forced the eloJllle oCtile stnIcture to al1 vebicu1at tl'Iftic. Methods of~..ay
supporting the structure and pm ft..uJing this work under III agreed. c:merp:acy
contract were also discussed.
Based on our discussion in the field, we have esti..,ated the cost DC temporarily
supporting the cracked floor beams In ipIJlS 7, 14, 18 aad 19 to be $165,000.00. This
estimate is based on the following, and is subject to revision pending an approved
fiDaI dcsigu:
1. Six (6) complete timber fa1seworIc bents, traasverBcly braced and
longitudinally supponed at the exiJting bridp supports.
2. K-rail protection at all locations With the exception oCspau 7.
3. The cstimRr.ed cost includes the purchase oC all materials necessary to provide
the temporary supports. These materials would become the property of'the
agency issuing the emergency contral:t.
J!JN. 7.2004 9:56AM YEAGER SKANSKf'l INC
NO. 811 P.3/3
EXHIBIT "B"
~Yeager
SKANSKA
lune 7, 2004
Yeager Sb""b. IDe. proposes to fumilh labor, equipment and maIcrials to complete
this work in accordancc Section 9-1.03, Fcm:c Account Pa)'lDllDt, oCthe State oC
California StaDdant Specifications for Construction of Local Streets and Roads dated
luly 2002 with the following understanding:
I. Premium time may be neccuary to minimize impacts to on-going Yeager
Slr...b. IDe. projects.
2. Railroad. insurance, tlllg"& traffic control and security to be provided by
others.
3. Certain materials may require lead times oC approximately 2 weeks.
4. T~"i support system to be designed by others.
Thank)'Ou for """,Ri<loriDg Yeager Sbn.p, Inc. IS the CODtrICt01' that can provide !be
services _c-y to complete this work. Should you have any questions, please call
me at the number listed above.
Best regards,
~
lam.es L. Moore
Vice President
'" .
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 9, 2004
TO:
Mike Grubbs, Field Engineer
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-154
At the Mayor and Common Council meeting of June 7, 2004, the City of San Bernardino
adopted Resolution 2004-154 - Resolution awarding a contract to Yeager Skanska, Inc., for
installation of temporary support for the Mt. Vernon Bridge over the BNSF Railroad per letter
proposal dated June 7, 2004.
Attached is one (1) original agreement. Please obtain signatures in the appropriate location and
return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by August 6, 2004.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
Signed.
Date: ?j?/o'f
DEPARTMENT OF DEVELOPMENT SERVICES
DIVISION OF PUBLIC WORKS
DOCUMENT TRANSMITTAL SHEET
FROM:
James Funk, Director of Development Services
r;,/t. J:F.
TO: CITY CLERK'S OFFICE
DATE: June 15,2004
FILENO. 1.7121
SUBJECT: "ORIGINAL" AGREEMENT DOCUMENT SUBMITTED TO CITY CLERK
AGREEMENT
TITLE:
Agreement - "Installation of Temporary Support for the Mt. Vernon
Bridge over BNSF Railroad".
RESOLUTION/ORDINANCE TITLE:
Reso 2004-154
AGREEMENT TITLE:
Installation of Temporary Support for the Mt Vernon Bridge over
BNSF Railroad.
DATE: June 15, 2004
{J;d:~~
SUBMITTED TO CITY CLERK:
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
June 21, 2004
TO:
Veronica Martinez, Senior Secretary
FROM:
Michelle Taylor, Senior Secretary
RE:
Resolution 2004-154 - Yeager Skanska, Inc.
CC:
Attached is a fully executed copy of the contract with Yeager Skanska, Inc., for installation of
temporary support for the Mt. Vernon Bridge 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): (, -1).-0-'\
Vote: Ayes \-"\ Nays
Change to motion to amend original documents 0
Abstain
.e--
2004- \.5~
Absent e-
Item # N f, j..
er-
Resolution #
Companion Resolutions
Null/VoidAfter: (,,~ days/ ~-1o-6Lj-_
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
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Reso. Log Updated:
Seal Impressed:
6
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Date Memo/Letter Sent for Signature:
I" Reminder Letter Sent:
<O.CH:),-\ Date Returned: f.,..,'<-1:>'t Not Returned: 0
2nd 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):
Yes v'
Yes
Yes
Yes
Yes
No By
No -L By
No /" By
No ~ By
No~ B
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator 0 Facilities 0 Parks & Recreation 0
City Attorney ff Finance 0' Police Department 0
Code Compliance 0 Fire Department 0 Public Services 0
Development Services ~ Human Resources 0 Water Department 0
Others: -3
Notes:
Ready to File: _
Date:
Revised 12/18/03