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Home My WebLink About2007-316 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION NO. 2007-316 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 3 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 provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14), and WHEREAS, on November 6, 2006 the Mayor and Common Council adopted Resolution No. 2006-376 approving Amendment No.1 to Agreement for Professional Services for additional enviromnental services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14), and WHEREAS, on May 7,2007, the Mayor and Common Council adopted Resolution No. 2006-376 approving Amendment No.2 to Agreement for Professional Services authorizing an Initial Site Assessment (ISA) for Old Waterman Canyon Bridge Replacement (SS07-14), and WHEREAS, on June 29, 2007, a letter was received from Consultant requesting an Amendment No.3 to said Agreement for Professional Services for an asbestos survey of the existing bridge, and WHEREAS, City concurs that the asbestos survey will be required to notify the Air Quality Management District ofthe demolition of the existing bridge structure and was not included in said Agreement for Professional Services, Amendment No.1 or Amendment No 2. THEREFORE, BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is authorized to execute Amendment No.3 to the Agreement for Professional Services with LAN Engineering Corporation to provide Engineering - 1 - 1 2 RESOLUTION ... APPROVING AMENDMENT NO. 3 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). 5 Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-l4) (attached and 6 incorporated herein as Exhibit "A"). 7 8 SECTION 2. This Amendment No.3 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 9 of such full execution. No oral agreements, amendments, modifications or waivers are intended 10 or authorized and shall not be implied from any act or course of conduct of any party. 11 12 13 14 15 16 III 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 17 III 18 19 20 21 22 23 24 25 26 27 28 -2- 1 2 RESOLUTION ... APPROVING AMENDMENT NO.3 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). 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 j oint regular meeting thereof, held 7 8 on the 6th day of August 9 Council Members: AYES 10 ESTRADA x - 11 BAXTER x 12 x BRINKER 13 DERRY x 14 KELLEY X 15 JOHNSON x 16 17 MC CAMMACK --.lL 18 19 20 21 22 23 24 Approved as to form: ,2007, by the following vote, to wit: NAYS ABSTAIN ABSENT ~ 11. ~vt Ci lerk The foregoing resolution is hereby approved this ~ day of August 25 JAMES F. PENMAN, City Attorney 26 27 28 By: }. ,2007. -3- 2007-316 Exhibit "A" AMENDMENT NO.3 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO 3 TO ~~~~MENT FOR PROFESSIONAL SERVICES is entered into this ~~ day of :s-r-, 2007, between LAN Engineering Corporation ("Consultant") and the City of San Be ardino ("City)." WITNESSETH: A. 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 provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-l4), and B. WHEREAS, on November 6, 2006 the Mayor and Common Council adopted Resolution No. 2006-376 approving Amendment No. 1 to Agreement for Professional Services for additional environmental services for the Design of Old Waterman Canyon Bridge Replacement (SS07-l4), and C. WHEREAS, on May 7, 2007, the Mayor and Common Council adopted Resolution No. 2007-135 approving Amendment No.2 to Agreement for Professional Services authorizing an Initial Site Assessment (ISA) for Old Waterman Canyon Bridge Replacement (SS07-l4), and D. WHEREAS, on June 29, 2007, a letter was received from Consultant requesting an Amendment No.3 to said Agreement for Professional Services for an asbestos survey of the existing bridge, and E. WHEREAS, City concurs that the asbestos survey will be required to notifY the Air Quality Management District of the demolition of the existing bridge structure and was not included in the scope of services for said Agreement for Professional Services, Amendment No 1 or Amendment No.2. NOW THEREFORE, the parties hereto agree as follows: 2007-316 Exhibit "A" Amendment No.3 to Agreement for Professional Services - LAN Engineering Corporation Page 2 of3 1. Section 1 of said Agreement for Professional Services is amended to add that the Consultant shall also complete an Asbestos Survey of the existing bridge in accordance with letter proposal from Consultant entitled "Proposal for Additional Environmental Services, Waterman Canyon Road Bridge Replacement Project", dated June 29, 2007 (attached and incorporated herein as Attachment "I"). 2. Section 5(A) of said Agreement for Professional Services is amended to add the following paragraphs: 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 an Asbestos Survey of the existing bridge as identified in Attachment 1, in an amount not to exceed $3,650.00. The following is a summary of the costs authorized to date for this project: Description Amount Original Agreement $224,621.00 Amendment No. 1 $25,916.94 Amendment No.2 $8,000.00 Amendment No.3 $3,650.00 Totals $262.187.94 3. All other terms and conditions of said Agreement for Professional Services, Amendment No. 1 and Amendment No.2 as approved by Resolution Nos. 2006-145, 2006-376, and 2007-135 shall remain unchanged. III III 2007-316 Exhibit "A" Amendment No.3 to Agreement for Professional Services - LAN Engineering Corporation Page 3 of3 AMENDMENT NO.3 TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. Date: by: Sig (j. J. ;J1f.5 C{ M~ '" (<7 /r'tf~S fp€-J J Print NameITitle ' Date: r.P-c:P-o 7 by: Fred Wi on City Manager ATTEST: ~h.~ Rach Clark, City Clerk Approved as to form: James F. Penman City Attorney 2007-316 LIM & NASCIMENTO ENGINEERING CORPORATION ATTACHMENT~ June 29, 2007 Mr. Michael Grubbs City of San Bemardino 300 North "0" Street San Bemardino, CA 92418 Subject: Proposal for Additional Environmental Services Waterman Canyon Road Bridge Replacement Project Dear Mike: Per our discussion during our PDT meeting of June 28th 2007, LAN's subconsultant, Kleinfelder provided an Asbestos Survey scope of work at the City request to complete the environmental documents. The asbestos survey would also be required to notify the Air Quality Management District of the demolition of the bridge structure. 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 Asbestos Survey and be included in the study reports. The additional fee to perform the Asbestos survey and prepare the reports is $3,650. Please process the amendment request to authorize the additional environmental services for the Asbestos Survey. 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, Lim & Nascimento Engineering Corp. ~'--~ [ffi~;~~~~[Q) Edward Ng, P.E. Project Manager CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT 1887 Business Center Drive, Suite 6 San Bernardino, CA 92408 (909) 890-0477 Fax (909) 890-0467 2007-316 ATTACHMENT "1" IIIKlEINFElDER An employee owned CCJmpany June 26, 2007 Proposal No. 05603GA/TEME7P013 Mr. Mahmoud Khodr Lim & Nascimento Engineering Corporation 1887 Business Center Drive, Suite 6 San Bernardino, CA 92408 via electronic mail mahmoud. khodr@lanengineeriing.com Subject: Proposed Scope and Fee for an Asbestos Survey Replacement Bridge Over Old Waterman Canyon Creek San Bernardino, San Bernardino County, California Dear Mr.Khodr: Kleinfelder is pleased to present this proposed scope and fee to perform a limited asbestos survey for the above-referenced project, located in San Bernardino, San Bernardino County, California (Site) for Lim & Nascimento Engineering Corporation (Client). This proposed scope and fee has been prepared in response to your request for these services and is based on our present understanding of your requirements. Kleinfelder is committed to providing quality service to our clients, commensurate with their wants, needs and desired level of risk. If a portion of our proposed scope 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, 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 Task 1 -Asbestos Building Materials Survey The asbestos survey includes a site visit, collecting bulk samples of suspected asbestos-containing materials (ACMs), sample analysis, and providing a letter report of findings. A California Occupational Safety and Health Administration (Cal-OSHA) Certified Asbestos Consultant will conduct a review of the structure to evaluate the likely 05603PROP/TEME7P013 Copyright 2007 Kleinfelder. Inc. Page 1 of 6 June 26, 2007 KLEINFELDER 43174 Business Park Drive, Suite 103, Temecula, CA 92590 (951) 506-1488 (951) 506-1491 lax 2007-316 ATTACHMENT "1" presence and approximate quantity of suspect ACMs. The collection of samples requires the removal of small amounts of building materials at sample locations. Destructive inspection and sampling methods will be used on the structure. Samples of suspect ACMs will be collected in general accordance with United States Environmental Protection Agency (US EPA) regulations and local regulations. Kleinfelder estimates that up to 12 building material samples will be collected during sampling activities. The actual number of samples collected will depend on the field judgment of the consultant conducting the survey. Samples will be analyzed by Polarized Light Microscopy (PLM) at a laboratory certified under the US EPA-National Voluntary Laboratory Accreditation Program (NVLAP) administered by the National Institute of Standards and Technology (NIST). If actual field conditions dictate the collection of additional samples, the samples will be collected, but will not be submitted to the laboratory until we receive authorization for the additional costs of sampling and analysis from the Client. The samples will be submitted to the analytical laboratory on a 72-hour turn-around basis. South Coast Air Quality Management District (SCAQMD) provides local enforcement of the asbestos National Emission Standards for Hazardous Air Pollutants (NESHAP) regulations. According to the NESHAP regulations, building materials containing 1 % (or greater) asbestos by PLM analysis must be designated an ACM, with adherence to applicable regulations, unless the asbestos content of less than 1 % is confirmed by point counting methods. If a building material contains greater than 1 % asbestos, then it is regulated under the local air district asbestos regulations. Kleinfelder will provide a recommendation for further analysis by point counting methods, following a review of the PLM analysis results. If point count analysis is recommended, the Client will be contacted for notification and authorization prior to proceeding. Task 2 - Final Letter Report of Findings Kleinfelder will provide a final letter report of findings, which will document the following: . A description of the field activities, observations, and protocols; . Tabulated results of the building materials sampled with copies of the analytical laboratory results; . Approximate quantity estimates, written descriptions of locations, and conditions of the ACMs; . Conclusions and recommendations. 05603PROP/TEME7P013 Copyright 2007 Kleinlelder, Inc. Page 2 016 June 26, 2007 KLEINFELDER 43174 Business Park Drive, Suite 103, Temecula, CA 92590' 1951) 506-1488 1951) 506-1491 fax 2007-316 ATTACHMENT "1" The final letter report will be submitted to the Client within 5 working days after receiving analytical results from the laboratory for the building material samples. FEE AND SCHEDULE The following budget has been developed based on Kleinfelder's current knowledge and assumptions of site conditions, and previous experience with similar projects. Work performed under this proposed scope and fee will be executed on a lump sum basis. A breakdown of the fee is listed below: Descri tion Asbestos Surve Professional Services Outside Services (Analytical Laboratory) 12 asbestos bulk sam Ie PLM anal sis Expenses (Mileage, mailing, personal protective sam Iin e ui ment Cost' $ 3,400 $ 150 equipment, and $ 100 PROJECT TOTAL $ 3,650 Project setup is anticipated to take approximately one week. Field work can be completed within one business day. Results of laboratory analyses of asbestos samples are typically received within two weeks of collection. A report will be submitted one week from receipt of analytical results. Therefore, we anticipate the report can be submitted within approximately four weeks from authorization. However, we will attempt to complete the work sooner, if possible. The fees presented in this proposal are based on prompt payment of 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. Additional charges will be applied on a time-and- expense basis for specialized invoicing if backup documentation is needed. Late fees will be charges if payment is not received in accordance with our Master Agreement. An invoice for our services will be submitted upon completion of our services, or on a monthly basis, whichever occurs first. This offer is valid for a period of 90 days from the date of our proposal. We will review our scope and fees if an agreement to provide our scope of services has not been reached within 90 days. 05603PROP/TEME7P013 Copyright 2007 Kleinlelder. Inc. Page 3 016 June 26. 2007 KLEINFELDER 43174 Business Park Drive, Suite 103, Temecula, CA 92590 (9511 506-1488 (9511506.1491 fax .' 2007-316 ATTACHMENT "}" If our proposed scope of services and fee are acceptable to you, please authorize a Change Order to our existing agreement in the amount of $3,650, TECHNICAL ASSUMPTIONS AND UNDERSTANDINGS The proposed scope of services and budget are based on the following: · The client is requested to provide any as-built plans or other related building plans that they may have in their possession for review by the consultant prior to conducting the fieldwork. · The asbestos survey can be completed in one day (during normal business hours), depending on site access. If additional time is required to complete the surveys due to conditions beyond the control of Kleinfelder, then increased fees will be incurred by the client. · Two copies of the report of findings will be delivered to the client. Additional copies can be provided for a fee of $50 per copy. Client meetings and revisions to the report are not included in the budget estimate, but can be provided on a time and materials basis at the client's request. · An AHERA accredited asbestos consultant certified by the State of California will conduct the asbestos survey. The report provided will be signed by a California Certified Asbestos Consultant. · Laboratory costs include analysis of 12 building materials for asbestos analysis. The bulk samples submitted will be analyzed to determine asbestos content, by PLM methodology. Laboratory analytical costs are based on a 3-day turn-around basis for asbestos samples. The laboratory conducting the analysis is certified by the State of California, and certified under the US EPA-NVLAP administered by NIST. . Sampling and analysis, other than that set forth in this proposed scope and fee submittal, are not included in the scope of services. Additional sampling and analysis, if required, can be provided for additional fees. · Regulatory agencies having jurisdiction in the local area may require further analysis of building material samples containing less than one percent by point counting. Point counting will be performed following verbal authorization from the client at a cost of $72 per sample. The cost of point counting will be in addition to the cost estimate provided. 05603PROPfTEME7P013 Copyright 2007 Kleinfeider, Inc. Page 4 of 6 June 26, 2007 KLEINFELDER 43174 Business Park Dnve, Suite 103, Temecula, CA 92590 (951) 506-1488 (9511 506-1491 fax " 2007-316 ATTACHMENT "I" . The asbestos-containing materials survey will be conducted at a level appropriate for a pre-demolition survey, as much as practical. Unless otherwise directed by the client, this project scope of services will include destructive sampling. · Our scope of services does not include asbestos abatement specifications, oversight, clearance inspections, clearance air sampling following abatement activities, or other services not specifically mentioned in this proposed scope and fee. Kleinfelder can provide additional services under a separate proposed scope and fee, if requested. . The scope of services does not include notification of building occupants, other than what is presented in the final report of findings for each facility. Nor does the Scope include training employees and owners in the work place hazards associated with asbestos and lead-based paint containing materials. However, Kleinfelder can provide these services on a time-and-materials basis, as needed. LIMITATIONS The proposed scope of work requested by the Client is limited to evaluating environmental concerns associated with the potential presence of hazardous substances in conjunction with the aforementioned property. This limited environmental evaluation does not include soil sampling and analysis or other services not described. Other environmental or geotechnical investigative services can be provided for additional fees. Kleinfelder will assume no responsibility or liability for any claim, loss of property value, damage, or injury which results from pre-existing hazardous substances being encountered or present on the project site, or from the discovery of such hazardous substances. Kleinfelder offers a range of investigative and engineering services to suit the varying needs of our clients. Acceptance of this Proposed Scope and Fee 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 proposed scope and fee. 05603PROP/TEME7P013 Copyright 2007 Kleinfelder, Inc. Page 5 of 6 June 26, 2007 KLEINFELDER 43174 BUSiness Park Drive, Suite 103, Temecula, CA 92590 19511 506-1488 19511 506-1491 fax 2007-316 . ATTACHMENT "t" The scope of services described here is not intended to be all-inclusive, to identify all potential concerns, or to eliminate the possibility of environmental problems. Within current technology no level of assessment can show conclusively that a property or its structures are completely free of hazardous substances. Therefore, Kleinfelder cannot offer a certification that the property is clear of environmental liability . We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you have any questions or comments, or if the scope of services we have developed differs from that which you intended, please contact the undersigned at (951) 506-1488. Respectfully submitted, KLEIN FELDER, INC. flm J!f'rJ(lJon.;i ~~-F~~ Gretchen Kunze-Fahrney Certified Asbestos Consultant No. 03-3270 Lead Inspector/Assessor No. 9143 Lizanne Simmons, PG Senior Geologist 05603PROPITEME7P013 Copyright 2007 Kleinfelder. Inc. Page 6 of6 June 26. 2007 KLEIN FELDER 43174 Business Park Drive, Suite 103, Temecula, CA 92S90 1951) 506-1488 (951) 506-1491 fax