HomeMy WebLinkAbout2007-135
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RESOLUTION NO. 2007-135
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO.2 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH
LAN ENGINEERING CORPORATION TO PROVIDE ENGINEERING SERVICES
4 FOR THE DESIGN OF OLD WATERMAN CANYON BRIDGE REPLACEMENT (SS07-
5 14).
6 WHEREAS, on May 15,2006 the Mayor and Common Council adopted Resolution No.
7 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
9 (SS07-14), and
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No. 2006-376 approving Amendment No. I to Agreement for Professional Services for
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WHEREAS, on November 6, 2006 the Mayor and Common Council adopted Resolution
additional environmental services for the Design of Old Waterman Canyon Bridge Replacement
(SS07-14), and
WHEREAS, on March 26, 2007, a letter was received from Consultant requesting an
Amendment No.2 to said Agreement for Professional Services authorizing additional
environmental services.
19 THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL
OF THE CITY OF SAN BERNARDINO AS FOLLOWS:
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23 Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14) (attached and
SECTION 1. That the City Manager is authorized to execute Amendment No.2 to the
greement for Professional Services with LAN Engineering Corporation to provide Engineering
24 'ncorporated herein as Exhibit "A").
25 SECTION 2. This Amendment No.2 shall not take effect or become operative until
26 lly signed and executed by the parties and no party shall be obligated hereunder until the time
27 f such full execution. No oral agreements, amendments, modifications or waivers are intended
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r authorized and shall not be implied from any act or course of conduct of any party.
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2 RESOLUTION ... APPROVING AMENDMENT NO.2 TO AGREEMENT FOR
PROFESSIONAL SERVICES WITH LAN ENGINEERING CORPORATION TO
3 PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF OLD WATERMAN
4 CANYON BRIDGE REPLACEMENT (SS07-14).
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SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
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within sixty (60) days of passage of the resolution.
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RESOLUTION ... APPROVING AMENDMENT NO.2 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 duIy adopted by the Mayor and
Common Council of the City of San Bernardino at a ioint regular
meeting thereof, held
on the 7th
, 2007, by the following vote, to wit:
day of May
Council Members:
NAYS
ABSTAIN ABSENT
AYES
ESTRADA
--X-
BAXTER
x
BRINKER
x
DERRY
x
KELLEY
x
16 JOHNSON
17 MC CAMMACK
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x
x
~At.~
Ci lerk
The foregoing resolution is hereby approved this cP'7- day of May
,2007.
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24 Approved as to form:
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JAMES F. PENMAN,
City Attorney
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28 By:
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2007-135
Exhibit "A"
AMENDMENT NO.2 TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT NO 2 TO AGREEMENT FOR PROFESSIONAL
SERVICES is entered into this ~ day of May, 2007, between LAN Engineering
Corporation ("Consultant") and the City of San Bernardino ("City)."
WITNESSETH:
A. WHEREAS, the Mayor and Common Council adopted Resolution No. 2006-145
approving Agreement for Services with LAN Engineering Corporation to provide Engineering
Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14), and,
B. WHEREAS, the Mayor and Common Council adopted Resolution No. 2006-376
approving Amendment No. I to Agreement for Professional Services for additional
environmental services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14),
and,
C. WHEREAS, Consultant has requested an Amendment No.2 to said Agreement
for Professional Services authorizing additional environmental services and authorizing
additional compensation therefore; and,
D. WHEREAS, City concurs that the work proposed in the proposed Amendment
No.2 was not included in said Agreement for Professional Services or Amendment No. I, and
E. WHEREAS, the term of said Agreement for Professional Services is set to expire
on May 15,2007.
NOW THEREFORE, the parties hereto agree as follows:
I. Section I of said Agreement for Professional Services is amended to add that the Consultant
shall also complete a Hazardous Waste Initial Site Assessment (ISA) evaluation in
accordance with letter proposal from Consultant entitled "Proposal for Additional
Environmental Services, Waterman Canyon Road Bridge Replacement Project", dated March
26,2007 (attached and incorporated herein as Attachment "I ").
2. Section 2 of said Agreement for Professional Services is amended to add the following:
"The term of this Agreement for Professional Services is extended for one additional year to
and including May 15,2008, unless terminated earlier as provided in this Agreement. "
3. Section 5(A) of said Agreement for Professional Services is amended to add the following
paragraphs:
2007-135
Exhibit "A"
Amendment No.2 to Agreement for Professional Services - LAN Engineering Corporation
Page 2 00
The City shall also 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 preparation of a Hazardous Waste
Initial Site Assessment (ISA) as identified in Attachment I, in an amount not to exceed
$8,000.00.
The following is a sununary of the costs authorized to date for this project:
Description Amount
Oril!inal AjI;reement $224,621.00
Amendment No.1 $25,916.94
Amendment No.2 $8,000.00
Totals $258.537.94
4. All other terms and conditions of said Agreement for Professional Services and Amendment
No.1 approved by Resolution Nos. 2006-145 & 2006-376 shall remain unchanged.
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2007-135
Exhibit "A"
Amendment No.2 to Agreement for Professional Services - LAN Engineering Corporation
Page 3 of3
AMENDMENT NO.2 TO AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF. the parties hereto have executed this Agreement on the date
shown below.
Date:
F !t.>-/o r
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by:
Date: S <1-~7
by:
ATTEST:
~ ~Ju..-t f.J. Ua...t..h.
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
By:~I!~
LAN ENGINEERING CORPORATION
r; t/ I uf E../2 Nt. ~
Print Name/Title
;V,A->CA v1~ (C
BERNARDINO
p~n
2007-135
LIM & NASCIMENTO ENGINEERING CORPORATION
ATTACHMENT "1"
EXlllBIT "A"
1M
March 26, 2007
Mr. Michael Grubbs
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418
SUbject:
Proposal for Additional Environmental Services
Waterman Canyon Road Bridge Replacement Project
Dear Mike:
Per our discussion during our PDT meeting of March 22nd and your request of March 26th 2007,
LAN's environmental subconsultant, Jones and Stokes, is in the process of preparing the bio,
cultural and water quality technical reports. These reports require the Hazardous Waste Initial
Site Assessment (ISA) evaluation. Jones and Stokes does not provide this type of service. This
task was not included in the initial scope of work for the Environmental Services. We have asked
LAN's geotechnical subconsultant, Kleinfelder, for a proposal to perform this service
An amendment to the contract is required to perform the ISA and be included in the study reports.
The additional fee to perform the ISA surveys and prepare the reports is $8,000. Please process
the amendment request to authorize the additional environmental services for the ISA. The
Scope of Additional Services is attached (original copy provided during the meeting).
Should you have any questions or require any additional information, please feel free to contact
me at (909) 890.0477, extension 301.
Very Truly Yours,
Um & Nascimento Engineering Corp.
y..Q <... <..,
Edward Ng, P.E.
Project Manager
1887 Business Center Drive, Surte 6
San Bernardino, CA 92408
(909) 890.0477
Fax (909) 890.0467
2007-135
ATTACHMENT "1"
EXHIBIT "A"
III KlEINFElDER
All f.'lIlph}!','~ Il\wwrJ n"llp.l/ll'
March 15, 2007
Proposal No. 05603PROP
Mr. Mahmoud Khodr
Urn & Nascimento Engineering Corporation
1887 Business Center Drive, Suite 6
San Bernardino, CA 92408
via Electronic Mail
mahmoud.khodr@lanengineering.com
Subject:
Proposal for Environmental Support Services
Replacement Bridge Over Waterman Canyon Creek
San Bernardino, California
Dear Mr. Khodr:
Kleinfelder is pleased to submit this proposal to provide environmental services in
support of the Replacement Bridge over Waterman Canyon Creek project in the City of
San Bernardino, California. Our understanding of the project is based on discussions
with you, and our familiarity with the project.
PROJECT DESCRIPTION
The project consists of a design and replacement of the existing bridge at Waterman
Canyon Creek in San Bernardino, California. The existing bridge was damaged during
significant winter storms over the past several years. Kleinfelder prepared a
geotechnical report for the project in February 2007. A more detailed description of the
project is provided in our February 15, 2007 report.
The following paragraphs present Kleinfelder's scope of work, fee, and schedule for the
environmental support services. If a portion of this proposal does not meet your needs,
or if those needs have changed, Kleinfelder is prepared to consider appropriate
modifications, subject to the standards of care to which we adhere as professionals.
Modifications such as changes in scope, methodology, scheduling, and contract terms
and conditions may result in changes to the risks assumed by the Client as well as
adjustments to our fees.
SCOPE OF SERVICES
Kleinfelder's proposed services will include conducting a hazardous waste initial site
assessment. These proposed services are outlined below.
05603PROPIRDL7P044
Copyrlghl2007 Klelnfelde., Inc.
Page 1 of5
March 15, 2007
KLEIN FELDER 1220 Research Drive, Suite A, Redlands, (1\ 92374 (909)79.1-1691 (909) 792-1704 (ax
2007-135
ATTACHMENT "1"
EXIllBIT "A"
HAZARDOUS WASTE INITIAL SITE ASSESSMENT
The purpose of the Hazardous Waste Initial Site Assessment (ISA) is to review potential
hazardous material/waste impacts associated with the proposed project. Information
developed during the ISA can be used to evaluate human health risk during
construction, long-term risk to human health, and the environment following
construction, and possible legal or logistical implications associated with contaminated
sites along the alignment.
Kleinfelder will prepare an ISA in accordance with Caltrans' Preparation Guidelines for
Initial Site Assessments. Specific tasks for the ISA include the following:
Task 1 - Records Search
Conduct an agency records search to identify hazardous waste sites located within the
project study area and classified as a hazardous waste site under State law. The
records search will also identify business types located within the project study area that
would be likely to store, transfer, or utilize large quantities of hazardous materials. This
information will be obtained from records maintained by the State of California
Department of Health and Regional Water Quality Control Board, and other appropriate
agencies. Kleinfelder will utilize a database service to perform this search.
Task 2 - Site Reconnaissance
Conduct a visual survey of the project area via available public access to identify
obvious areas of hazardous waste contamination.
Task 3 - Impacts Evaluation
If hazardous waste sites are identified within the project study area (via governmental
records and/or the visual survey), Kleinfelder will evaluate the potential impact to the
project and identify subsequent procedures to determine the extent of contamination
and remediation requirements.
Task 4 - Potential Impacts Evaluation
Potential hazardous waste sites located within the project area will be evaluated using
information available from local and/or State agencies. Historic land use information for
the project study area will be requested from the City of San Bernardino to evaluate
whether previous uses may have resulted in hazardous waste contamination.
Task 5 - Report of Findinas
The draft of ISA Report will be submitted for review by the Client. Kleinfelder will revise
the ISA and submit a finallSA for approval by the Client.
05603PROP/RDL7P044
Copyright 2007 Kleinfeld.r, Inc.
Page 2 of 5
March 15, 2007
KLEINFELDER 1220 Research Drive. Suite S, Redlands. CA 92.174 190917'13-2[>9'1 19091 792-1704 iax
2007-135
ATIACHMENT "1"
EXHIBIT "A"
ASSUMPTIONS
The following assumptions were made in estimation of the costs of the environmental
assessment component of this proposal:
o Our environmental scope of work pertains to hazardous waste sites only and does
not include record searches for biological or cultural resources.
o The Client will provide access to the site.
o No soil sample collection will be performed.
o Only information received prior to issuance of the report can be included in the
evaluation. Kleinfelder does not guarantee the accuracy of information supplied by
its sources, but reserves the right to rely on this information in formulating a
professional opinion on the potential for subsurface contamination at the site.
FEE AND SCHEDULE
Kleinfelder will perform the described scope of work on a lump sum basis for a fee of
$8,000. Project setup is anticipated to take one week. We anticipate approximately
4 to 6 weeks to complete our report. However, we will attempt to complete the work
sooner if possible.
The fees presented in this proposal are based on prompt payment for services
presented in our standard invoicing format. Our fee does not include time for meetings.
Attendance at meetings is beyond our scope of services and will be billed in accordance
with our Standard Fee Schedule.
An invoice for our services will be submitted upon completion of our study or on a
monthly basis, whichever occurs first. This offer is valid for a period of 90 days from the
date of this proposal. We will review our scope of fees if an agreement to provide our
services has not been reached within 90 days.
The fees presented in this proposal are based on prompt payment for services
presented in our standard invoicing format. Additional charges will be applied on a
time-and-expense basis for specialized invoicing if backup documentation is needed.
Late fees will be charged if payment is not received in accordance with terms and
conditions in the attached standard form of agreement.
If our proposed scope of services and fee is acceptable to you, please authorize a
Change Order to our existing agreement in the amount of $8,000.
05603PROP/RDL7P044
Copyrighl2007 Klelnfelder, Inc.
Page 3 of 5
March 15, 2007
KLEINFElDER 1220 Research Drive, Suite 8, Red/ane/s, CA 92]74 N(9) 7q,k~69.1 i90l)) 791-1704 fax
2007-135
ATTACHMENT "1"
EXHIBIT "A"
CONDITIONS
Kleinfelder offers a range of assessment and engineering services to suit the varying
needs of our Clients. Although risk can never be eliminated, more detailed and
extensive assessment, or engineering yields more information, which may help
understand and manage the degree of risk. Since such detailed services involve
greater expense, our clients participate in determining the level of service, which
provides adequate information for their purposes at an acceptable level of risk.
Acceptance of this proposal will indicate that the Client has reviewed the scope of
service and determined that it does not need or want more services than are being
proposed at this time. Any exceptions should be noted and may result in a change in
fees.
Kleinfelder will perform its services in a manner consistent with the standards of care
and skill ordinarily exercised by members of the profession practicing under similar
conditions in the geographic vicinity and at the time the services will be performed. No
warranty or guarantee express or implied, is part of the services offered by this
proposal.
During the course of the performance of Kleinfelder's services, hazardous materials
may be discovered. The Client and/or property owner will be solely responSible for
notifying all government agencies, and the public at large, of the existence, release,
treatment or disposal of any hazardous materials observed at the project site, either
before or during performance of Kleinfelder's services. Kleinfelder will assume no
responsibility or liability whatsoever for any claim, loss of property value, damage, or
injury which results from pre-existing hazardous materials being encountered or present
on the project site, or from the discovery of such hazardous materials.
The safety of our employees is of paramount concern to Kleinfelder. You will be notified
if the location of your project represents a potential safety concern to our employees.
Unsafe conditions for fieldwork will require a modification of our estimated scope of
services and associated fees. We will advise you of the additional costs necessary to
mitigate these unanticipated conditions, if applicable.
05603PROP/RDL7P044
Copyrlghl2007 Kleinfeld.,. Inc.
Page 4 of 5
March 15, 2007
KLEINFElDER 1220 Resean..:h Drive, Suite B, Redl<1nds, CA 92374 (90<)) 7q.1-269I ((jOg) 792.[70-t fax
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2007-135
ATTACHMENT "1"
EXHIBIT "A"
CLOSING
We thank you for the opportunity to provide Kleinfelder's professional environmental
engineering services and look forward to working on this project. Please feel free to call
the undersigned should you have any questions.
Respectfully submitted,
iJ;2i:tj)
Lizanne Simmons, PG f ca-;
Project Manager II
*"U~EG
Principal Geologist
RFE:tb
05603PROP/RDL7P044
Copyright 2007 Klelnfelder. Inc.
Page 5 of 5
March 15, 2007
KLEINFELDER 1220 Research Drive. Suite B. Redlands, CA 92374 19091 793-2691 19091 792-1704 iJX