HomeMy WebLinkAbout2006-376
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RESOLUTION NO. 2006-376
RESOLUTION OF THE CITY OF SAN BERNARDINO 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).
WHEREAS, on May 15, 2006, the Mayor and Common Council adopted Resolution No.
2006-145 approving Agreement for Professional Services with LAN Engineering Corporation to
8 provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement
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(SS07-14).
THEREFORE, 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. 1 to tbe
Agreement for Professional Services with LAN Engineering Corporation to provide Engineering
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Services for the Design of Old Waterman Canyon Bndge Replacement (SS07-14) (attached and
incorporated herein as Exhibit "A").
SECTION 2. This Amendment No.1 shall not take effect or become operative lliltil
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 intenoed
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 This resolution is rescinded if the parties to the contract fail to execute it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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1 RESOLUTION ... APPROVING AMENDMENT NO.1 TO AGREEMENT FOR
PROFESSIONAL SERVICES WITH LAN ENGINEERING CORPORATION TO
2 PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF OLD WATERMAN
3 CANYON BRIDGE REPLACEMENT (SS07-14).
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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 j oint regular
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meeting thereof, held
on the
6th
day of November
, 2006, by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
9 ESTRADA
x
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12
13 DERRY
BAXTER
x
VACANT
x
14 KELLEY
15 JOHNSON
16 MC CAMMACK
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x
The foregoing resolution is hereby approved this
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q ....... day of November , 2006.
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23 Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
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, 2006-'376
Exhibit "A"
AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT is entered into this 6th day of November, 2006, between
LAN Engineering Corporation ("Consultant") and the CityofSan Bernardino ("City)."
WITNESSETH:
A. WHEREAS, 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. WHEREAS, City concurs that the work proposed in the amendment was not
included in said Agreement for Professional Services.
NOW THEREFORE, the parties hereto agree as follows:
1. Section 1 of said Agreement for Professional Services is amended to include focused surveys
for six special-status species in accordance with the proposal entitled "Proposal for
Additional Environmental Services, Waterman Canyon Road Bridge Replacement," dated
October 7,2006 (attached and incorporated herein as Attachment "I").
2. 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 $224,621.00, 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
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
2006'>'376
Exhibit "A"
Amendment No.1 to Agreement for Professional Services - LAN Engineering 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. 2006-145 shall remain unchanged.
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, 2006":376
Exhibit" A"
Amendment No.1 to Agreement for Professional Services - LAN Engineering Corporation
Page 3 of3
AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below,
Date:
by:
lj III t.-I( €.~ ""E
Print Name/Title
tVA-J C4.., € ,./("0
Date:~
by:
CITY OF SAN BERNARDINO
!3~ ~
P trick 1. Morris :.:;
Ma
ATTEST:
Q~h.~
Rachel'clark, City Clerk
Approved as to form:
James F. Penman
City torney
((iAA.J
re/e5/2ee6 15:21
ge98gee467
LIM & NASCIMENTD ENG
ATTACHMl:NT ';1"
2006-376
L1M & NASCiMeNTO ENGINEERING CORPORATION
!IN
October 7, 2006
Mr. Michael Grubbs
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Subject:
proposal for Addltlonal Envlronmenfllll Services
Waterman Canyon Road Bridge Replacement Project
Dear Mike:
In accordance with the project initiation discussions, lAN's environmental subconsultant, Jones
and Stokes, conducted an Initial habitat evaluation in May 2006 and identified suitable habitat for
five plant species and one animal species. Since the extent of the focused surveys could not be
determined until a habitat evaluation is performed, the focused surveys were not Included In the
original cost proposal.
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 $25,925. Please process the amendment request to authorize the
additional environmental services for the focused surveys. The Scope of Additional Services is
attached.
Should you have any qUestionB or require any additional information, please feel free to contact
me at (909) 890-0477, extension 301.
Very Truly Yours,
Um & Nasclmento Engineering Corp.
Edward Ng, P.E.
Project Manager
lBB7 Busl"",' Cente, Drive, Suite 6
San Bernardino. CA 92408
(1IOll)890.o477
Fax (909) B80'()467
10/05/2006 15:21
9098900467
LIM & NASCIMENTO ENG
PAGE; JP . .
ATTACHMENT Nt"
2006-376
Waterman Cauyon Road Bridce
StOp. and Cost Ameadment for Fotuaed Surveys
May 24, 1006
a..ed on an initial babitat evaluation that was conducted in May 2006, it was identified tbat the
Waterman Canyon Road Bridge project site contains suitable habitat for six species. These include five
plant and one anima1 specie.. It is recommended that focused oulVey. be conducted for the.. .pecies,
which are included in this .cope and cost amendment. FOCII8ed .urvey work for any other species is nol
assumed or included in this scope and cosl amendment.
Task 1: Foc.sed Slll'1ley for Spaclel-Stabls Plent.
A qualified bioloaiot will conduct a focused !I1ItVey for the special-status pl.nt species that have been
determined to have at least reasonable likelihood of occurrence. The work for this task will address the
entire project oite (assmned to be the area Identified in the file PIA 060509 Rev 3.doc, as provided by
LAN Engineering in an e-mail dated May 9, 2006) along with a buffer of 100 feet as accessible (hereafter
the "study area"). It io assumed that legal access to aU portions of the study area will be obtained and
provided by the City of San Bernardino (City). The 5 target specie. are: Plummer's Mariposa Lily
(ColochoP't1l$ pl.",merae), Slender-horned Spineflower (Dodecoh.ma lep/oceraJ), Mesa Horkelia
(Horkelio crmeoro),RobinSOll's Pepper-grass (Lepidi.m vlrgi"icum robi",o"i.), and Chaparral Sand-
"orbena (Abro"io vil/osa ouri/a). No special permits are required for this work.
The bIologist will carefully and sy.tematically examine the entire study area for the relevant target
species on each complete survey visit The botanist will have the experience and qualifications to locate
and identifY each of the taraet species. SUlVeys will be floristic in nature and for each site visit a
complete list of plonu detected will be compiled. The location of all detected spedal-status species will
be recorded using a OPS (global positioning system) unit and mapped at a scale dependent upon the
mapping base available from the client. When feasible, all identifiable individuals will be cowrted in each
special-stat\l$ plant population mapped; otherwise, each population will be evaluated as to size and
estimated density (e.g., stern counts).
Focused plant survey timina is dependent OD the particular special-status species found to have potential
00 the project site and the weather in the particular year when the ll\IIYey is conducted. Each species has a
seasonal window within which surveys can be reliably performed in most years. For each species, the
aUlVOY timing must be .uch that negative results reliably indicate the absence of the species and thus rule
Oll! the posaibllity tbat the species was ovedooked due to early or late growth or bloomina. It should be
understood that depending on annual weallter and local conditions, neJl8tive results for focused plant
sUlVeyS will not alway. be reliable as a basis to conc1llde that there is no ..,asonable potantial for the
taraet species to occur. The consultant will not be responsible if such conditiOllS, beyond reasonable
control of the consultant, prevent a conclualon IItot one or more of the species bas no reuonable potential
to occur. The survey for this task, on this site, in this year, is anticipated to require fout (4) visits within
the period from late May through the end of August.
This task includes a standard-fonnat consulting report. It will provide a title page, table of contents, and
sections addreasing the followine: introduction, existing conditions, background information (infonnation
on relevant biology and regulations), methods (inc111ding dates and conditions of each site visit and
required pemtit information), ..,sults, concl\l$ioos and recommendations, and a list of all cited references.
The conclusions and recommendations will include a short allmll18tY as well as brief recommendationa on
options for permitting, mitigation, or further work as appropriate.
AU special-status species identified during the course of the work will be listed, and a complete list of
detected plant species will be included Oraphics for the report will include a vicinity map, survey results,
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LIM & NASCIMENTO ENG
ATTACH~E&T ;'li.
2006-376
and color pbotopapbs as appropnate. Up to three (3) copies of the draft and five (5) copies of the fmal
report wiD be provided to the client. It is assumed thaI the City will review the draft report,nd proVIde
one set of integrated coumtenls. This task and the Cost Estimate include budget sufficlenl for ooe
thorough revision 10 the draft (initial) report based on City comments. Further revision. will be al \be
discretion of Iones /k. Stokes Associates, and the City must request all revisiOR$ within 90 days of the date
of the draft report.
Deliverabl..:
. Draft survey report - 3 hard copies
. Final survey report- 5 hard copies
Ta.k 1: FOC1I6ed .urvey for San Bernardino Merriam'S Kalllaroo Rllt
A qualified biologist will conduct a focused survey to lktennine presence or ab.ence of San Bernardino
Merriam's Kangaroo Rat (Dipodomy. merriami pO'VIAS). The work for thi. task will address all
potentially suitable habitat for this species within the project tite (asaumed 10 be the arca i<kntified in the
file PlA.060509 Rev 3.doc, a. provided by LAN Engineering in an e-mail dated May 9, 2006), alOllIl with
a buffer of 100 feet .. accessible (hereafter the "study area"). It is assumed that legal acoess to all
portion. 6f the stUdy area will be obtained and provided by the City; Methods for this work will follow
applicable peonit requirements.
Work wiD include small mammal trapping suitable 10 detect the tarllet speoies and will be oonducted
under suitable conditions on live (5) nights. Locations of b'ap line start and end points, and all positive
detections of the target species, will be recorlkd using a OPS (global positiOlling system) unit and
mapped at a scale dependent upon the mapping base available from the client.
This task includes a standard-formal consulting report. ]t will provilk a title page, table of COI\tenlS, and
sectlons addressing the following: introduction, existing conditions, backllXoUlld information (mfomtation
on relevant biology and regulations), methods including dates and conditinn. of each .ite visit and
required peonit information, results, conclusions and recommendatioos, and a list of all cited references.
The conclusions and recoumtendations will inclulk a shon summary as well as brief recommendations on
options for penniUing, mitigatiOll, or further work as appropriate.
All apecial-stams species ilkntified during the course of the work Will be listed,and a complete list of
detected wildlife species will be included. Graphios for the repon will inclulk a vicinity map, survey
results, and color photopaphs as appropriate. Up 10 three (3) copies of the draft and five (5) copies of the
final report will be provided to the client. ]t is ...umed that the City win review the draft report and
provide one set of integrated comments. This task and the Cost Estimate include budget sufficient for oRt
thorough revision to the <haft (initial) report. Further revisions will be at the discretion of Jones &; Stokes
Associates, and the client must request all revisions within 90 days of the date of the draft report.
Deliverable.,
. Draft survey report - 3 hard copies
. Final survey rcpoII- 5 bard copies
2006-376
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