HomeMy WebLinkAbout17-Development Services
r.....,..""INAL
Uh,v
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From:
Valerie C. Ross, Director
Subject:
Resolution authorizing execution of Amendment
No. I to Professional Services Agreement with
LAN Engineering Corporation to provide
Engineering Services for the Design of Old
Waterman Canyon Bridge Replacement (SS07-
14).
Dept:
Development Services
Date:
October 10, 2006
MCC Date:
November 6, 2006
Synopsis of Previous Council Action:
12/20/04
Adopted Reso. No. 2004-391 awarding a contract to Gwinco Construction and Engineering, Inc.,
for Old Waterman Canyon Road Bridge Repair (SS05-11) in the amount of$141,991.76.
Adopted Reso. No. 2006-145 approving Agreement for Professional Services with LAN
Engineering Corporation to provide Engineering Services for the Design of Old Waterman
Canyon Bridge Replacement (SS07-14).
Adopted 5- Year CIP for FY 2006/11 which included funding for design and construction of Old
Waterman Canyon bridge replacement (SS07-14)
05/15/06
08/15/06
Recommended Motion:
Adopt Resolution.
f/ltWJ cf. ;&r
Valerie C. Ross
Contact Person:
Michael Grubbs, Eng. Mgr./Field Engineer
Phone:
5179
Supporting data attached:
Staff Report, Reso., Amendment to
Agreement Ward:
4
FUNDING REQmREMENTS:
Amount: $25,917.00
Source: (Acc!. No) 129-367-5504-7671
Acct. Description: SS07-14 Old Waterman Canyon
Bridge Replacement
Finance:
IJI~)D('
Agenda Item No. 17
Council Notes:
Kcso
~QQ~- 3 7~
e
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution authorizing execution of Amendment No. I to Professional Services Agreement with LAN
Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge
Replacement (SS07-14).
Background:
On August 7, 2006, the Mayor and Common Council adopted the FY 2006/11 5-Year Capital hnprovement
Program (ClP), which included a project to replace Old Waterman Canyon Bridge (SS07-14).
This bridge is located on Old Waterman Canyon Road, approximately one mile northerly of Waterman
Avenue (State Route -18). The bridge was severely damaged in a flood that occurred on December 25, 2003.
Funding for repair of the bridge was approved by FEMA; however, before repairs could be started, a flood
occurred on January 10,2005, and further damaged the structure.
A federal disaster declaration (FEMA-1577-DR) was made for the San Bernardino area subsequent to the
January 10, 2005 storm. FEMA reviewed the condition of the bridge and determined that repair of the
bridge was not feasible and allocated funding for its replacement.
.. On May 15, 2006, an Agreement for Professional Services in the amount of $224,621 was approved with
.. LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon
Bridge Replacement (SS07-14).
In late May of 2006, Jones & Stokes, an environmental subcontractor to LAN Engineering, performed some
preliminary surveys in the vicinity of the bridge and found evidence of suitable habitat for six special-status
species. The environmental subconsultant recommended that focused surveys be conducted for the six
species. Five of the special-status species are plants and one is an animal (Merriam's Kangaroo Rat).
Jones and Stokes completed surveys for the five special-status plant species during the sununer months in
order to avoid missing the window of opportunity. The Merriam's Kangaroo Rat survey remains to be
completed and can only be conducted during a period of five-days with no rain and nighttime temperatures
above 50 degrees. It is essential that this survey be completed this fall. Otherwise, it will have to be
completed in the spring, which could delay construction by as much as 3 months.
The need for these studies was not known at the time of award of the contract to LAN Engineering.
Therefore, these focused surveys were not included in the original scope of work for the project.
LAN Engineering is requesting an Amendment to its Agreement with the City for an additional $25,916.94
as compensation for the additional surveys. Staff feels this is a good price for the work.
It is important that the subconsultant proceed with these focused surveys to avoid delay to the project. Under
e the current schedule, stafffeels the project can begin construction in March of2007.
2
.
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
Approval of this Amendment No. I will allow the City to compensate the consultant for the 5 special-status
plant surveys that have already been completed and authorize the consultant to proceed with the remaining
survey for the Merriam's Kangaroo Rat.
The funding expiration is August 4, 2008. All work must be completed and claims submitted before that
date.
Financial Impact:
Funding for the LAN Engineering Corporation agreement in the amount of $224,621 is being funded 75%
from FEMA ($168,466),18.75% from DES ($42,116), and 6.25% from City funds ($14,039).
Funding breakdown for Amendment No. I will be as follows: FEMA - $19,437.71 (75%); DES - $4,859.43
(18.75%); City - $1,619.81 (6.25%).
Adequate funding remains in Account No. 129-367-5504-7671 to cover the City's share in the amount of
$1,619.81 (6.25%) the cost of this Amendment No.1. FEMA and DES will reimburse the remaining
$24,297.13 (93.75%).
Recommendation:
. Adopt Resolution.
Exhibits to Resolution:
"A" - Amendment No.1 to Professional Services Agreement with LAN Engineering Corporation.
Attachment 1 - Scope of Services and Fee for Focused Surveys.
.
3
.
e
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
e
1
2
3
4
5
6
7
8
9
10
11
RESOLUTION ",,0.
RESOLLTION OF THE CITY OF SAN BER]\;ARDINO APPRO\T'iG
AMENDMENT NO. I TO AGREEMENT FOR PROFESSIONAL SERYICES WITH
LAN ENGINEERING CORPORATION TO PROYIDE ENGINEERING SERVICES
FOR THE DESIGN OF OLD WATERMAN CANYON BRIDGE REPLACEMENT (SS07-
14).
WHEREAS, on May 15, 2006, the Mayor and Common Council adopted Resolution No.
2006-145 appro\.ing Agreement for Professional Services with LAN Engineering Corporation to
provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement
(5507-14).
THEREFORE, BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BER'\'ARDINO AS FOLLOWS:
12 SECTION 1. That the Mayor is authorized to execute Amendment No. I to the
Agreement for Professional Services with LAN Engineering Corporation to provide Engineering
Services tor the Design of Old Waterman Canyon Bndge Replacement (5507-14) (attached and
incorporated herein as Exhibit "A").
SECTION 2. This Amendment No. I 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
III
III
- I -
'iLD. /1
(/ 1ft /0
e
e
e
1
2
3
4
5
RESOLVTION ... APPROVING AMENDMENT NO.1 TO AGREEMENT FOR
PROFESSIONAL SERVICES WITH LAN ENGINEERING CORPORATION TO
PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF OLD WATERMAN
CANYON BRIDGE REPLACEMENT (SS07-14).
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
meeting thereof, held
7 on the
day of
, 2006, by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
9 ESTRADA
10
BAXTER
11
12
13
14
15 JOHNSON
VACANT
DERRY
KELLEY
16 MC CAMMACK.
17
18 I
19
20
City Clerk
The foregoing resolution is hereby approved this
day of
,2006.
21
22
23
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26
27
28 III
lLkZ(~
- 2 -
Exhibit "A"
e
AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is entered into this _ day of , 2006, between
LAN Engineering Corporation ("Consultant") and the City of San Bernardino ("City)."
WITNESSETH:
A. \YHEREAS, the Mayor and Common Council of City adopted Resolution No.
2006-145 approving Agreement for Professional Services with LAN Engineering Corporation to
provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement
(SS07-14), and,
B. WHEREAS, Consultant has requested an amendment to said Agreement for
Professional Services; and,
C. \VHEREAS, City concurs that the work proposed in the amendment was not
included in said Agreement for Professional Services.
NO\VTHEREFORE, the parties hereto agree as follows:
1. Section I of said Agreement for Professional Services is amended to include focused surveys
e for six special-status species in accordance with the proposal entitled "Proposal for
Additional Environmental Services, Watern1an Canyon Road Bridge Replacement," dated
October 7,2006 (attached and incorporated herein as Attachment "1 ").
7 Section 5(A) of said Agreement for Professional Services is amended to read as follows:
A) The City shall reimburse the Consultant for actual costs (including labor costs, employee
benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in
performance of the work under terms of the Agreement for Professional Services, in an
amount not to exceed 5224,621.00, except that reimbursement shall not include courier
services, mileage or reimbursement for travel to the City to attend meetings or conduct
the activities. Actual costs shall not exceed the estimated wage rates and other costs as
set forth in the Proposal. In addition, the City shall reimburse the Consultant for actual
e
costs (including labor costs, employee benefits, overhead, profit, other direct and indirect
costs) incurred by the Consultant in the performance of work involved in conducting
,-
.
.
.
Exhibit "A"
Amendment ;-.Jo. 1 to Agreement for Professional Services - LAN EngmeerIng Corporation
Page 2 of3
focused surveys in the vicinity of the site for six special-status species identified in
Attachment I, in an amount not to exceed $25,916.94.
3. All other terms and conditions of said Agreement for Professional Services approved by
Resolution No. 2006- ] 45 shall remain unchanged.
///
III
I;,'
e
e
e
Exhihit "A"
Amendment ~o. I to Agreement for Proiessional Senices - LA~ Engineering Corporation
PJge 3 01'3
AMENDMENT NO.1 TO AGREBlENT FOR PROFESSIOl\'AL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
kim",
Date:
by:
Date:
by:
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City tomey
LAN ENGINEERING CORPORATION
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Patrick J. l\101Tis
Mayor
.
e
e.
10/05/2005 15:21
9098900057
L:M & NASCIMENTO ENG
PAGE 02
A TT ACH:\IE:\T "I"
lIM & NASCiMeNTO ENGINEERING CORPORATION
W4
October 7, 2006
Mr. Michael Grubbs
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Sub/ect:
Proposal for Additional Envlronmental Services
Waterman Canyon Road Bridge Replacement Project
Dear Mike:
In accordance with the project initiation dlsctJsslons, LAN's environmental subconsultant, Jones
and Stokes, conducted an inilial habitat evaluation in May 2006 and identified suitable habitat for
five plant species and one animal species. Since the eldent of the focused surveys could not be
determined until a habitat evaluation is performed, the focused surveys were not Included in the
original cost proposel.
An amendment to the contract Is required to perform the focused surveys for the Special Status
Plants and San Bernardino Merriam's Kangaroo Rat. The additional fee to perform the surveys
and prepare the reports is $25,925. Please process the amendment request to authorize the
additional environmental services for the focused surveys. The Scope of Additional Services is
attached.
Should you have any questions or require any additional information, please feel free to contact
me at (909) 890-0477, eldenslon 301.
Very Truly Yours,
Um & NascImento Engineering Corp.
Edward Ng, P.E.
Project Manager
1887 Buslne" Center Drive. Suite 6
san Bemanlino. ell 92408
(108)890.0477
Fax (909) 890-0467
.
e
.
10/05/2006 15:21
9098900467
LIM & NASCIMENTO ENG
PAGE 03
A TT ACH:\IE:\T "1 "
Waterman CanyoD Road Bridge
Scope aDd COli Ameadmen' for Focu.ed Survey.
Ma y 14, 1006
Ba.ed on an initial babita. evaluabon that wa. conducted in May 2006, it was identified that the
Wa.erman Canyon Road Bridge ptojcct site contains suitable habitat for SIX spec.es. These include five
plant and one animal specie.. It is recommended tbat focused surveys be conducted for these species,
wluch are included in lblS scope and cost am<ndment. Focused survey work fO[ any other species IS not
assumed or included in thIS scope and cost amendment.
Task 1: Foe.sed Survey for Special-Status Plants
A qualified biologist will conducl a focused sutvey for the special-S1a.u. plan. species that have been
determined to have al1east reasonable lIkeUhood of OCCWTence. The worle fO[ this tasle WIll address the
entire project site (u."",ed to be lbe area identified in the file PIA 060509 Rev 3.doc, as provided by
LAN Engineenng in an e-mail dated May 9. 2006) alone with a buffer of 100 feet a. accessible (hereafter
the ".tudy ar.a"). It is assumed that legal acc... to all portions of rhe study area Mil be obtained and
provided by the City of SID Bernardino (City) The 5 target specie. are: Plummer's Mariposa Lily
(Calocho."" plummerae), Slender-bomed Spine flower (Dodecohe",o leplocorfJS). Me.a Horkelia
(HoTke/io cuneala),Robinson's pepper-grass (Lepidium Vlrgini""m Tobinsonil), and Chapanal Sand-
yerbena (A.bTonio villoso oUTlla). No special permits lIle required for this work.
The blOlogisl will carefully and systematically examine the entire sludy lItea for the relevant tugel
species 00 each complete survey vlsil. The bolanist wJil bave tbe experience and qualifications to locate
and identify eacb of the IlIlllet species. Survey. will be floristic in nature and for each site visit a
complete bst of plants delecled will be compiled. The location of all detected special-status species will
be recorded using a GPS (global positionillg system) unit aod mapped at a scale dependeDt upon lbe
mappinll base available from the client. When feasible, all identifiable individual. will be counted in eacb
special-status plant population mapped; otherwISe. eacb population wJil be evaluated as \0 .ize and
estimated density (e.g.. stern count.).
Focused plant survey tirmng is dependent on the par\SCulllt .pecial-status speCIes found 10 have potential
on tlte project .ite and the weather in lbe porticuw year wben the llItvey is conducted Eacb species ba. a
.e..onal wmdow within whicb .urveys can be reliably perfOlmed in mosl years. For eacb spec.es, ihe
survey timing must be sucb tbal negative results reliably indicate the absence of ihe species and thus rule
out Ibe possibility thaI the species was overlooked due to early or late growth 0[ blooming. It .hould be
lDIderslood that dependillg on annual weather and local conditioD9, nellative results for focused plant
survey. wJil not alway. be reliable as a basis to conclude ihat there is no reasonable potential for the
larget species 10 occur. The consuUant will nol be responsible if such conditions. beyond reasonable
control of lbe consultant, prevent a conclusion lbal one or more of the species bas no re..onable pOlential
to occur. The 9Ur'Vey for this ta9k. on this !iite, in this year, is anticipated to require four (4) visits within
lbe penod from lale May througb the end of August.
TIlls lask includes a standard-format co",ultiDll report. II will provide a tide page, table of contents. and
section. addressing the followin&: introduction. existing conditions, background information (informarion
on relevant biology and regulations). methods (including dales and conditions of each site visit and
required pennil infOlmation), results. conclusions and recommendations, and a list of all cited references.
The conclusions and recommendalions MIl include a short .ummary as well as brief reclllllll1endalions on
options for permitting. mitigation, or further work as appropriale.
All special-status specie. identified during lbe coune of the work will be listed. and a complete list of
detected plant species will be included. GraphICS for rhe r<pOll will include a vicinily map. survey results.
__ __10/05/2ee6 15:21
9098900467
LIM & NASCIMENTO ENG
PAGE 04
A TTACHME:'\T "1 "
tit
and color pbotoifapbs a. appropriate Up to three (3) coptes of the draft and fi.e (5) copies of the final
report wiD be provided to the client. It is assumed thaI tItc City wiD revtOW tItc draft report and proVlde
one set of integrated comments. This la.k and rbe Cost Estimate include budget .sufficient for nne
thorough revision to tl1e draft (initial) report based nn City comments. Furtl1er reVISIons wtll be at Ibc
discretion of 10nes &. Stokes Associates, and tl1e ellY ltlust request all revisiOllS wilhio 90 days of the dale
of the draft report.
Dellverobl05:
. Draft survey report - 3 hard eoples
. FlUal survey report - 5 hard copies
Ta.k 2; Focused .urvey for San Beraardlno Ment.m's Kucaroo Rat
A q ualilied biologist will conduct a focused survey to determine presence or absence of San Bernardino
Merriam's Kansaroo Rat (Dipodomys mernD1l1i pa,vus). The work for this task ..-iU address all
potentially suitable habitat for this spec.es within the project site (assumed to be the area identified in the
file PIA 060509 Rev 3.doc, as provided by LAJII Engineering in an e-mail dated May 9, 2006), alona with
a buffer of 100 feet as accessible (hereafler tl1e "study area"). It is ..sumed that legal aece.. to all
portIon. of the study area will be obtained and provided by the City. Methods for this work will follow
appbcable pennit requirements
Work will include small mammal trappins suitable to detect the taraet species and will be conducled
under suitable condilions on five (5) nights. Locations of trap line start and end points, and all positive
detecuons of the target specie., WIll be recorded using a OPS (global positioning system) unit and
mapped at a .cale dependent upon the mappmg base available from the chenl.
tit
This task includes a standard-format consulting report. It will provide a title page, table of contents, and
sections addressing the following: introduchon, existing conditions, backifound information (Informatinn
on relevant bIology and regulalions), methods including dates and condilion. of eacb site visit and
required permit information, results, concluSIon. and recommendations. and a list of all cited references.
The conc:lusiOJl! and reeoznmendations will include a shan summary a9 well as brief recommendations on
options for permitting, mitigation, or further work as appropriate.
All special-statu. .peeies identified during the course of the work will be listed, and a complete list of
deltcled wildlife species will be included. Graphics for the report will include a vicmity map, .urvey
results, and color photographs as appropriate. Up to three (3) copies of the draft and five (5) copie. oflbc
fmal report will be provided to the client. II is a..umed that the City will review the draft report and
provide one set of integrated comments. This ta.k and the Cost Estimate include budget sufficient for one
thorouSh revision to the draft (initial) report. Further revisions win be at the discretion of Jnne. & Stokes
A..ociates, and the client must request all revision. within 90 days of the date of Ihe draft report.
Deliverable"
. Draft survey report - 3 hard copies
. Final survey report - 5 hard eopie.
tit
e
.
~
.
~
,
U>
"C
.
.
z ,
0
0 0
...
- ;,;
fo- 0>
<( :!2
a:: cD
0 "C
.
i:o. 0
0:
a:: 0
e .... 0
"" ~
u 0
.
" 0
0
z .
ffi E
.
..
r;;;l ;:
Z ~
- ~
" .
Z ~
r;;;l .
w
Z 1;;
<( 0
0
-l
.
:E
.
>-
e
~
'"
ro . '"
" ~
>- <l: 0>.
~,
N
'"
. '" '" '" '" '"
U . '" ~ '" '" '"
. '" ~ 0; '" ~
~ 0
. N ~ '" '" ~
is ~ M oo "'. oo '"
. '" '" '" M
w ;0 '"
.... '" ~
~ '" ~
15 ro .... ~ ;0
" "0 ,,; M N
. .. ;0
-' >- N
N
'"
~~ .... '"
" ~ oo
. "0 ~f~ ~
0>
~ :E ~
0 , ;0
J: U>
=
. 0 to: <0 ;! ~ '"
in .... M
~ ;; .0
0 ~ " '"
. ~ M
.2 (j <( '" <0
U '"
, .....i......
"C ~~ M '" ~ ~
.... ~
e .0 .9 '" oj
0
.. . .,; ~ ~
'" M
>- W '"
(7): oo '"
;; _. ~ '"
"0 N;CCl .0
o:i=r-i '"
:E ~~~ o.
, ~
U> '"
v: ~ <0 ~ <0
U5 '"
al .... ,..:
~ u ~ ~
U> ;0 N
ro > ;0
0
u w
= .....!......
. N '"
in <( = '" '" .... '"
0 ~ '" ,,;
'" 0; . <0
~ 0. .... M
.0 U> .. <0
0 M
., 0 > '" :E
. '" 0 0>
0 W e
0 ...,.. 6.
0 ~ ~ <0 N
0. - ~ M ~
" 0 oo <0 '" ,,;
"C . a, M
~ 0. .. "'. '"
U> .... .
u > '" "
<i 0 :E
... 0>
2: co: '" N N ~ e
'" <0' .... '" '" ~
0; 0 - .0 .
. ~ M
" 0. ;0 '" '"
0. U> ,,; '!!
E > . '"
. 0 "
U w "
0.
;;; ~
:E ~ ro
0> E
e E E
'!O ;;; .
> ~ E
. ~ ;;
~ - E
'" . .
"C ~ 2"
Ul= . U> ,
- . Q;
, '>
~i 0 E '"
0
>: ... ~ .
.. 1i '"
~, ';
:I: 0: 0 '"
'" .. 0 1i "
. :!) 0
. ~ . U>
>- ~. 0> 0> a.
~~ 0 . "'
. ~ ~ E
" '" ::E
U'J: . '"
~~ 0 .,; "C :::.
0 a
.,; u '" . ;;
.. ~ . ~ .
" '" "0
g: 0 0 !i c.
0; .Q ;; 0. :i5
.... al . U , , ,
c: . , <( E U> .
.. 0 . "C . U .
. 0 0 0; cS .
6:: U> . . 5- > . 0
~ . 0. . 0; if .
. N , ;; . . . ,= 0: 0. .
W 0: a. . ~
0:0 0 0: ro . 5-
0, '" '" 0> "0 ~ N ~ <0 0> U
..lI:: '" ro 0 0 0 '" '" ro
.. . ~ :E ~ M M M M ~
.. . "0 " , i5 N N N N is "0
l'-, >- >- U> ~ ~ ~ ~ >-
ATTACHMENT "1"
g
~
~
~
;;;;
.0
'"
E
~
"
~
6
i
<;
~
V
N
'"
c
'Y
i:.il
.
"
~
E"
'B
~
a
~
<(
::E
<(
<0
N
"
~
'"
",.
N
0;
Si
"C
.
g
~
.
"
Cl