HomeMy WebLinkAbout11-Development Services
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. CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subjeet: Resolution authorizing the
execution of Amendment No. 3 to
Professional Services Agreement with Lim
& Nascimento Engineering Corporation for
Professional Civil Engineering Project
Management Services for management of
the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad (SS04-12).
Dept: Development Services
Date: August 16, 2007
File: 1.1729
MCC Date: 09/17/07
Synopsis of Previous Council Action:
03-04-96 Approval given to submit request for authorization of funds under Federal Aid Highway HBRR
Program.
Approval of $20,000 for preparation of conceptual plan.
Authorization to execute agreement for professional services with DMJM for conceptual plan approved.
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 BrinckerhoffQuade & 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.
03-15-04 Resolution adopted authorizing execution of Professional Services Agreement with Lim & Nascimento
(LAN) Engineering Corporation for the Project Management of the Mt. Vernon Ave. Viaduct over the
BNSF railroad in the amount of$49,000.
06-07-04 Resolution awarding contract to Yeager Skanska, Inc. for installation of temporary support for the Mt.
Vernon Bridge over the BNSF Railroad in the amount ofS165,000 and authorization for the Director of
Finance to amend the FY 2003/04 Budget.
07-06-04 Resolution No. 2004-215 adopted approving Amendment No. I to Agreement with Lim & Nascimento
Engineering Corporation for Project Management of the Mt. Vernon Viaduct over BNSF Railroad.
12-20-04 Resolution No. 2004-399 adopted approving Amendment No.2 to Agreement with Lim & Nascimento
Engineering Corporation for Project Management of the Mt. Vernon Viaduct over BNSF Railroad and
Resolution No. 2004-400 adopted approving Amendment No. I with Jones & Stokes for additional
environmental services for the Mt. Vernon viaduct over the BNSF Railroad.
Recommended Motion:
11-04-96
05-19-97
03-15-99
Adopt Resolution.
YaitW/c,~
Valerie C. Ross
Valerie Ross, Director
Contact person: Robert Eisenbeisz, Sr. Civil Engineer
Phone:
5357/5203
Supporting data attached: Staff Report, Resolution, Exhibit A
Wards:
1&3
FUNDING REQUIREMENTS:
Amount: $92.100
Source: (Acct. No.)
242-362-5504-7121
Acct. Description: Mt. Vernon Grade Separation at BNSF (SS04-12)
Finance:
Agenda Item No. X-
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
e Subject:
Resolution authorizing the execution of Amendment No. 3 to Professional Services Agreement
with Urn & Nascimento Engineering Corporation for Professional Civil Engineering Project
Management Services for management of the design of the Mt. Vernon Avenue Viaduct over the
BNSF Railroad (SS04-12).
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 terminated in October of2003 for the convenience of the City.
Subsequent to termination of the Parson Brinkerhoff Agreement, staff retained William
Nascimento of Lim and Nascimento (LAN) 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 Caltrans. Mr. Nascimento was retained on a short form contract with the City for a not-
to-exceed amount of $24,650.
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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.
Due to his expertise, Mr. Nascimento was given an expanded role to fully manage the Mt.
Vernon Bridge replacement project, including hiring subconsultants to provide services beyond
the capabilities of his own firm. On March 15,2004, the Mayor and Common Council approved
a Professional Services Agreement with LAN Engineering in the amount of an additional
$49,000 to properly compensate LAN Engineering for Mr. Nascimento's expanded role in
managing the project.
On April 22, 2004, Caltrans initiated an in-depth "fracture critical" steel inspection on the Mt.
Vernon Bridge. This in-depth inspection was the first of its kind on the Mt. Vernon Bridge
although the bridge is biennially inspected by Caltrans. The biennial inspection is a visual
inspection on foot vs. the in-depth inspection that is done by a technician specialized in structural
steel girder inspection from a man-lift that allows the inspector a close up view of the structural
members. During this inspection, the Caltrans specialist determined that various steel members
were cracked. The first cracks discovered were towards the north end of the bridge in the
southbound traffic lanes.
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Although the inspection was only partially completed, Caltrans recommended that, in the interest
of public safety, the southbound lanes of the bridge be closed. In response, on April 23, 2004,
the City closed the bridge to southbound traffic. The northbound lanes were left open and
Caltrans continued inspection of the remaining portions of the bridge.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
On June 3, 2004, Caltrans issued a final inspection report on the Mt. Vernon Bridge, which
indicated that additional cracks had been discovered at the south end of the bridge under the
northbound lanes. Caltrans Structures Division performed a structural analysis on the bridge and
concluded that the entire bridge should be immediately closed. The City concurred and
completed the closure on June 4, 2004.
On June 7, 2004, the Mayor and Common Council, based on the recommendations of Mr.
Nascimento, awarded an emergency contract to Yeager Skanska, Inc. to install shoring under the
cracked girders of the Mt. Vernon Bridge to enable reopening the bridge to passenger car traffic.
On July 6, 2004, Amendment No.1 to Services Agreement with Lim & Nascimento Engineering
Corporation was approved, increasing the contract amount by $75,918 for expanded project
management duties.
On October 4, 2004, the shoring was completed by Yeager-Skanska and the bridge was reopened
to passenger car traffic.
On December 20, 2004, Amendment No. 2 was approved to the Agreement with LAN
Engineering to assist the City through the environmental clearance process (including responding
to reviews by Caltrans and FHW A) and complete the preliminary engineering (including bridge
demolition and construction staging plans) for the project and to coordinate requirements by the
BNSF Railroad for two new sets of tracks to act as detour tracks during construction and to
remain in place after construction. This new requirement from BNSF resulted in a need to
provide the required 24 feet of clearance over the new tracks, which required raising and
lengthening the north end of the bridge.
LAN Engineering is now requesting Amendment No.3 to its Agreement with the City in order to
be compensated for additional work required of them due to the enactment of new legislation
requiring a Value Analysis (V A) for local projects receiving federal funds and exceeding
$20,000,000 in cost. The format and content for V A's are set by Caltrans and generally provides
for an independent look at the project to assure that a better alternative has not been overlooked.
LAN Engineering is proposing to retain the specialized firm of Value Management Strategies to
perform the VA.
Also, BNSF Structure Design group has requested that alternative staging be studied, which was
not included in LAN's original Agreement or previous Amendments.
The revised estimated total cost of the project is approximately $40,656,250 of which 88.53%
may be reimbursable from the Federal Highway Administration (FHW A) under the Highway
Bridge Program (HBP) program. We estimate that the matching share of the cost to qualify for
HBRR funding will be $4,663,300 (20% of the bridge cost). BNSF's fair share of the cost could
be 10% of the bridge cost or $4,065,600. Additional sources of funding could be from
Proposition lB, SANBAG, and other federal sources, or the balance of the matching share could
potentially be funded with a State Infrastructure Bank Loan.
Mt. Vernon Bridge has a sufficiency rating less than 50 and has been deemed to be structurally
deficient and functionally obsolete. However, that does not mean the bridge is unsafe.
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
The bridge, with the shoring in place, is deemed safe subject to the posted load limits. A cul-de-
sac is under construction at the intersection of Fourth Street and Mt. Vernon Avenue in part to
discourage trucks from the BNSF yard from crossing the bridge.
As a result of the 1-35W bridge collapse in Minnesota, Caltrans has accelerated the inspection of
deficient bridges. Caltrans performed a visual inspection of Mt. Vernon Bridge on August 13th
and 14th, 2007, and will retum within the month to review the condition of cracks that were
discovered in June of 2004 during a fracture critical inspection. Depending on the result of that
review, it may be necessary to perform additional interim repairs to the bridge.
Staff is currently working with Skanska Construction (formerly Yeager-Skanska) and Morris
Engineering to inspect the shoring and tighten/adjust the shoring as necessary to assure it is
performing as designed.
LAN Engineering has indicated concurrence (see attached letter dated August 15,2007) with the
proposed Amendment No.3, including a time extension to December 1, 2009. The
environmental documents for the bridge replacement project are expected to be certified in
August of 2009, and start of construction is expected by January 2010.
Financial Impact:
88.53% percent of the cost of these Amendments to Agreements with Lim & Nascimento and
Jones & Stokes Associates will be reimbursable from a combination ofHBRR funds and Seismic
Retrofit Funds, subject to the City providing the 11.47% percent matching funds.
The following is a summary of costs for the subject Agreement with LAN Engineering:
. Purchase Order for Project Management Services. . . . . . . . . . . . . ... $ 24,650.00
. Agreement for Project Services approved by MCC . . . . . . . . . . . . .... 49,000.00
. Amendment No.1 to Agreement for Professional Services. . . . . . . . .. 74,918.00
. Amendment No.2 to Agreement for Professional Services. . . . . . . . .. 55,700.00
. Amendment No.3 to Agreement for Professional Services. . . . . . . . .. 92.100.00
Grand Total. . . . . . . . . . . . $ 296,368.00
Sufficient funds are available in the FY 07/08 Budget under Account No. 242-362-5504-7121
"SS04-12 Mt. Vernon Bridge."
Recommendation:
Adopt Resolution.
Attachments:
(1) Letter from LAN Engineering, dated 08/15/07.
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Llm And N.sclmento Engln_rlng Corpol'8tlon
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August 15. 2007
City of San Bernardino
Public Works Department
300 North "D" Street
San Bernardino. C A 92418
Attention:
Mr. Mark Lancaster. PE
Deputy Director/City Engineer
Subject:
Amendment Number 3 of Services Agreement
Dear Mr. Lancaster:
This letter is in regards to Amendment Number 3 of the Services Agreement between Lim &
Nascimento Engineering Corporation and the City of San Bernardino received on August IS.
2007. Please accept this letter as an official concurrence. Lim & Nascimento Engineering
Corporation will continue to be bound by the terms of the original agreement as amended.
Very truly yours.
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William Nascimento
Lim & Nascimento Engineering Corporation
1887 Business Center Drive. Suite 6
San Bernardino. CA 92408
(909) 891J.{U77
Fax(909)8~67
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1
2
. RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. 3 TO SERVICES AGREEMENT WITH LAN ENGINEERING
4 CORPORATION FOR PROVISION OF PROFESSIONAL PROJECT MANAGEMENT
5 SERVICES FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE
BNSF RAILROAD.
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
7 OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager is authorized to execute Amendment No. 3 to the
Services Agreement with LAN Engineering Corporation for provision of professional project
management services for the design of Mt. Vernon Avenue Viaduct over the BNSF Railroad
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12 (attached and incorporated herein as Exhibit "A").
13 SECTION 2. That the Director of Finance is authorized to augment the purchase order
14 in a total amount not to exceed $92,100.
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SECTION 3. This Amendment No. 3 shall not take effect or become operative until
16
fully signed and executed by the parties and no party shall be obligated hereunder until the time
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of such full execution. No oral agreements, amendments, modifications or waivers are intended
19 or authorized and shall not be implied from any act or course of conduct of any party.
20 SECTION 4. This resolution is rescinded if the parties to the contract fail to execute it
21 within sixty (60) days of passage of the resolution.
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f. /7.01
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2 RESOLUTION ... APPROVING AMENDMENT NO. 3 TO SERVICES
AGREEMENT WITH LAN ENGINEERING CORPORATION FOR PROVISION OF
3 PROFESSIONAL PROJECT MANAGEMENT SERVICES FOR THE DESIGN OF THE
MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
4
5 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
,2007, by the following vote, to wit:
8 Council Members:
AYES
NAYS
ABSTAIN ABSENT
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10
11
ESTRADA
BAXTER
12 BRINKER
13 DERRY
14 KELLEY
e 15 JOHNSON
16 MC CAMMACK
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19
20
City Clerk
The foregoing resolution is hereby approved this
day of
,2007.
2]
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24 Approved as to form:
Patrick J. Morris, Mayor
City of San Bernardino
25 JAMES F. PENMAN,
City Attorney
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Exhibit "A"
AMENDMENT NO.3 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this _ day of ,2007, between Lim
& Nascimento Engineering Corporation ("Contractor") and the CITY OF SAN BERNARDINO
("City)".
WITNESSETH:
A. WHEREAS, on March 15, 2004, the Mayor and Common Council of City
adopted Resolution No. 2004-73, approving a Services Agreement with
Contractor for Professional Civil Engineering Project Management Services for
management of the design of the Mt. Vernon A venue Viaduct over the BNSF
Railroad; and,
B. WHEREAS, on July 6, 2004, the Mayor and Common Council of City adopted
Resolution No. 2004-215, approving Amendment No. I to Services Agreement
for Professional Civil Engineering Project Management Services for management
of the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad; and,
c.
WHEREAS, on December 20, 2004, the Mayor and Common Council of City
adopted Resolution No. 2004-399, approving Amendment No. 2 to Services
Agreement for Professional Civil Engineering Project Management Services for
management of the design of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad; and,
D. WHEREAS, City has requested additional services not covered in said Services
Agreement, Amendment No. I or Amendment No.2; and,
E. WHEREAS, Contractor is agreeable to providing said additional services subject
to approval of proposed Amendment No. 3 to said Services Agreement (see
Attachment "A")' and
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E. WHEREAS, Contractor has provided the most advantageous and best proposal
for the provision of said additional services.
NOW THEREFORE, the parties hereto agree as follows:
I. Section I of said Services Agreement is amended to read as follows: Contractor shall furnish
Professional Civil Engineering Project Management Services for management of the design
of the Mt. Vernon A venue Viaduct over the BNSF Railroad, in accordance with the attached
proposal from Contractor, dated May 29, 2007, attached hereto and incorporated herein as
Attachment "A".
Exhibit "A"
Amendment No.3 to Services Agreement -Urn & Nascimento Engineering COIporation
Page 2 of3
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2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this
Agreement, Contractor shall be paid an additional not-to-exceed amount of $92,100.00* for
a total not-to-exceed amount as follows:
a) Staff approved Purchase Order (less than $25,000) . . . . . .. $24,650.00
b) Services Agreement approved per Reso. No. 2004-73. . . .. 49,000.00
c) Amendment No.1 to Services Agreement. . . . . . . . .. . . . .. 74,918.00
d) Amendment No.2 to Services Agreement. . . . . . . . . . . . . .. 55,700.00
e) Amendment No.3 to Services Agreement (this request). . . . . .92.100.00
Total not-to-exceed amount. . . . . . . . . . . . . .$296,368.00
* Subject to division of costs as identified in Attachment A.
3. Section 4 of said Services Agreement is amended to add the following: The term of this
Agreement shall be extended to December 1, 2009, unless earlier terminated as provided in
said Services Agreement, as amended.
e 4. All other terms and conditions of the original Services Agreement, Amendment No. 1 and
Amendment No.2 as approved by Resolution Nos. 2004-73, 2004-215 and 2004-399,
respectively, shall remain unchanged.
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Exhibit "A"
Amendment No.3 to Services Agreement -Urn & Nascimento Engineering Corporation
Page 3 00
AMENDMENT NO.3 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
Date:
Date:
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
JAMES F. PENMAN,
City Attorney
LIM & NASCIMENTO ENGINEERING
CORPORATION
by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
by:
Fred Wilson
City Manager
AITACHMENT "A"
Mr. Mark LancasNr
Mount Vernon Bridge Replacement
Tuesday, May 29, 2007
Page 1 0(3
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Tuesday, May 29, 2007
Mr. Mark Lancaster
City Engineer
City of San Bernardino
300 N. "0" Street, 3rd Floor
San Bemardino, CA 92418
Subject: Mount Vernon Avenue Bridge Replacement Project Over BNSF Railroad
Supplemental Request No. K 3
Dear Mr. Lancaster:
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On September 25, 2003, the City retained LAN Engineering to perform Civil Engineering
Project Management/Coordination Services for the Mount Vemon Avenue Bridge
Replacement Project. Originally LAN's role was envisioned to provide a Senior Project
Manager to oversight the City's consultant. The original budget authorized by the City
was $24,650. Subsequently, the City terminated its consultant and asked LAN to take
on a proactive development role, leading a team to clear the environmental process and
complete the preliminary engineering including handling the coordination with BNSF to
obtain an agreement for the replacement of the bridge. On February 16, 2004, LAN
requested a supplement (no. 1) to increase its budget to cover the additional scope in
the amount of $49,000 bringing the total to $73,650. On June 10, 2004, LAN requested
a supplement (no. 2) to increase its budget to cover the additional scope in the amount
of $74,918.00 bringing the total to $148,568. On October 1, 2004, LAN requested
additional budget to cover additional scope in the amount of $55,700.00 bringing the
total to $204,268.00. The City approved all three supplements.
Working together with the City, Caltrans, FHWA and BNSF, the project is continuously
progressing. Principal achievements include preparing the bridge staging concepts,
holding several meetings with BNSF, and updating cost estimates. Recent
achievements include getting a funding increase approved by Caltrans and meeting with
BNSF Assistant Director of Structural Design, Mr. Donald E. Lozano.
In the process of performing the above work, LAN has expended nearly its entire
budget. Recently, due to the enactment of new legislation, SAFTEA-LU, a value
analysis is required. In addition, BNSF Structure Design has reviewed the staging
concepts and has requested that altemative staging be studied.
In view of the above, we are requesting additional funds to allow us to hold a Value
Analysis in accordance with FHWA and Caltrans requirements, complete the
coordination with BNSF on the altemative staging, and continue to assist the City in
obtaining environmental clearance.
We understand the City is poised to retain a design team for the PS&E phase of the
project. We assume that our role as Project Management support would be complete
once we resolve the pending issue of staging with BNSF and the Value Analysis.
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ATTACHMENT "A"
Mr. Marlc Lancaster
Mount Vernon Bridge Replacement
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SCODe of Services
The following is a detailed description of our Scope of Services.
Proiect Manaaement/Coordination
Tuesday, May 29, 2007
Page 20'3
Schedule and lead Project Development Team Meetings assess needs for directian and
advise the City, manage the City's consultants to undertake project development
expediently. work towards the goal of obtaining environmental clearance and an
agreement with BNSF.
Coordinate with City, Caltrans, BNSF, FHWA, Jones & Stokes and other members of
the design team as needed to develop the project.
Meetinas
Call. hold, and lead project team meetings as needed.
Railroad Enaineerina / BNSF Coordination/Aareements
Complete alternative staging/scheduling plans for the demolition and reconstruction of
Mount Vernon Bridge (Mr. Crane will be retained to assist in preparing bridge erection
analysis).
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Value Analvsis
Perform value analysis in accordance with Caltrans requirements (Value Management
Strategies will be retained to facilitate and prepare the VA report).
Cost Estimates
Monitor cost estimates for total contract value/budget. 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 $92,100.00 without prior authoriiation from the City. This
is an on-call, as-needed effort.
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Person
William Nascimento. PE, SE
Mohan Char. PE. PhD
Alicia Colburn
David Saretsky
Ray Andresek
Mr. Crane (Crane Analysis)
Value Management Strategies
Rate/Hr
$175.00
$130.00
$110.00
$95.00
$90.00
Hrs
16
100
170
80
100
Total
Subtotal
$2,800.00
$13.000.00
$18,700.00
$7,600.00
$9,000.00
$6.000.00
$35,000.00
$92,100.00
1M
ATTACHMENT "A"
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Mr. Mam Lancaster Tuesday, May 29, 2007
Mount Vernon Bridge Rep/acement Page 3 of 3
This additional supplement brings the total cost to $296,368.00.
If you have any questions or wish to discuss this in greater detail, please feel free to
contact me at (949) 357-9015
Sincerely,
LAN Engineering Corp.
~/Lld~
G. J. William Nascimento, PE, SE
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