HomeMy WebLinkAbout2007-382
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RESOLUTION NO. 2007-382
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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.
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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
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").
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SECTION 2. That the Director of Finance is authorized to augment the purchase order
in a total amount not to exceed $92,100.
SECTION 3. 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
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.
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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 This resolution is rescinded if the parties to the contract fail to execute it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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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
4 MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
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 ioint regular meeting thereof, held
7 on the 1 Hh day of f;pprpmhPT
,2007, by the following vote, to wit:
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24 Approved as to form:
The foregoing resolution is hereby approved this 19~ day of September ,2007.
25 JAMES F. PENMAN,
City Attorney
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2007-382
Exhibit "A"
AMENDMENT NO.3 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this 17thday of September, 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 Avenue 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. V ernon 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,
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 Avenue 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".
2007-382
Exhibit" A"
Amendment No.3 to Services Agreement -Urn & Nascimento Engineering Corporation
Page 2 of3
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) AmendmentNo. I 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.
4. All other terms and conditions of the original Services Agreement, Amendment No. I and
Amendment No.2 as approved by Resolution Nos. 2004-73, 2004-215 and 2004-399,
respectively, shall remain unchanged.
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2007-382
Exhibit" A"
Amendment No.3 to Services Agreement -Urn & Nascimento Engineering Corporation
Page 3 of3
AMENDMENT NO.3 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
LIM & NASCIMENTO ENGINEERING
CORPORATION
Date:
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by:
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Print NamelTitle 2 ~ ~ (PC,.J r
Date:
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by:
BERNARDINO
ATTEST:
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Rae I Clark, City Clerk
Approved as to form:
JAMES F. PENMAN,
City Attorney
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2007-382
ATTACHMENT "A"
Mr. Merk Lence.t.r
Mount Vemon Bridge Replacement
Tuesday. May 29. 2007
Page 1 o( 3
Tuesday, May 29, 2007
Mr. Mark Lancaster
City Engineer
City of San Bernardino
300 N. "D" Street, 3rd Floor
San Bernardino, CA 92418
Subject: Mount Vernon Avenue Bridge Replacement Project Over BNSF Railroad
Supplemental Request No. K 3
Dear Mr. Lancaster:
On September 25, 2003, the City retained LAN Engineering to perform Civil Engineering
Project Management/Coordination Services for the Mount Vernon 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 CiIIy
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 edditlonal 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 alternative 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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2007-382
ATTACHMENT "A"
Mr. Mark Lancaster
Mount Varnon Bridge Replacement
SCODe of Services
The following is a detailed description of our Scope of Services.
Proiect ManaaementlCoordination
Tuesday, May 29, 2001
Page 20'3
Schedule and lead Project Development Team Meetings assess needs for direction 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 I BNSF CoordinationlAareements
Complete altemative staging/scheduling plans for the demolition and reconstruction of
Mount Vemon Bridge (Mr. Crane will be retained to assist in preparing bridge erection
analysis).
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 valuelbudget, and coordinate allocation
amendment with Caltrans.
Fee ProDosaJ
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 authorization from the City. This
is an on-call, as-needed effort.
Person
William Nascimento, PE, SE
Mohan Char, PE, PhD
Alicia Colbum
David Saretsky
Ray Andresek
Mr. Crane (Crane Analysis)
Value Management Strategies
Hrs
16
100
170
80
100
RatelHr
$175.00
$130.00
$110.00
$95.00
$90.00
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
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2007-382
ATTACHMENT "A"
Mr. Mark LIInclISter
Mount Vemon Bridge Replacement
TU8!IIday, May 29, 2007
P8ge3 of3
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.
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G. J. William Nascimento, PE, SE
GJNlgjn
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