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HomeMy WebLinkAbout2008-405 " " 1 RESOLUTION NO. 2008-405 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 4 TO SERVICES AGREEMENT WITH LAN ENGINEERING 3 CORPORATION FOR PROVISION OF PROFESSIONAL PROJECT MANAGEMENT 4 SERVICES FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 5 6 7 8 9 10 11 12 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.4 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 (attached and incorporated herein as Exhibit "A"). SECTION 2. That the Director of Finance is authorized to augment the purchase order 13 in a total amount not to exceed $40,740. 14 15 16 17 18 19 20 21 III 22/// 2S 24 25 26 27 28 SECTION 3. This Amendment No.4 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. SECTION 4. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. III - 1 - .~ II ,. 2008-405 1 RESOLUTION ... APPROVING AMENDMENT NO. 4 TO SERVICES AGREEMENT WITH LAN ENGINEERING CORPORATION FOR PROVISION OF 2 PROFESSIONAL PROJECT MANAGEMENT SERVICES FOR THE DESIGN OF THE 3 MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 4 5 6 7 8 9 10 11 12 13 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at ajoint regular meeting thereof, held on the 20th , 2008, by the following vote, to wit: day of October 14 15 16 17 18 19 20 21 22 2S 24 25 26 27 28 Council Members: AYES X ESTRADA BAXTER x BRINKER X - DERRY X KELLEY X JOHNSON x MC CAMMACK x ABSTAIN ABSENT NAYS ~.P f.J.~ ~l~rk The foregoing resolution is hereby approved this ~-J.Nfday of October, 2008. o u Patric J. Morris, f San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney .~ -2- 'I...... 111111 III 2008-405 EXHIBIT "A" AMENDMENT NO.4 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this 20th day of October. 2008, 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.1 to 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, 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 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, D. WHEREAS, on September 17, 2007, the Mayor and Common Council of City adopted Resolution No. 2007-382, approving Amendment No.3 to Services Agreement with Contractor for Professional Civil Engineering Project Management Services for management of the design of the Mt. V ernon Avenue Viaduct over the BNSF Railroad; and, E. WHEREAS, City has requested additional services not covered in said Services Agreement, Amendment No.1, Amendment No.2 or Amendment 3; and, F. WHEREAS, Contractor is agreeable to providing said additional services subject to approval of proposed Amendment No. 4 to said Services Agreement (see Attachment "A")' and , , G. 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: 1. Section 1 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 1'11I,," 1;11111 III 2008-405 Exhibit" A" Amendment No.4 10 Services AgreeJ)lent -Lim & Nascimenlo Engineering Corporation Page 2 00 proposal from Contractor, dated September 18, 2008, attached hereto and incorporated herein as Attachment "A". 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 $40,740.00* 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. I to Services Agreement. . . . . . . . .. . . . .. 74,918.00 d) Amendment No.2 to Services Agreement. . . . . . . . . . . . . .. 55,700.00 e) Amendment No.3 to Services Agreement.................. . . . . .92,100.00 f) Amendment No.4 to Services Agreement (this request). . . . . .40.740.00 Total not-to-exceed amount. . . . . . . . . . . . . .$337,108.00 *Subject to division of costs as identified in Attachment A. 3. All other terms and conditions of the original Services Agreement, Amendment No.1, Amendment No. 2 and Amendment No. 3 as approved by Resolution Nos. 2004-73, 2004- 215,2004-399 and 2007-382, respectively, shall remain unchanged. //I //I .....'. 'I" , 2008-405 Exhibit "A" Amendment No.4 to Services Agreement -Lim & Nascimento Engineering COIporation Page 3 of3 AMENDMENT NO.4 TO SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. LlM & NASCIMENTO ENGINEERING CORPORAT N Date: IJ/lJ /CJ8 / ( by: Si (J. WILL-Mill{ NIfS CI M~ /c:I, I"rE5 (p.&v ., Print NameITitle Date: Af~"f by: BERNARDINO ATTEST: ~~~ ~,~ ~ Approved as to form: JAMES F. PENMAN, City Arney By: ....,. 011111 III 2008-405 ATTACHMENT "A" IMI LIM & NASCIMENTO ENGINEERING CORPORATION Thursday, September 18,2008 Mr. Robert Eisenbeisz City Engineer City of San Bernardino 300 N. "0" Street, 3rd Floor San Bernardino, CA 92418 Subject: Mount Vernon Avenue Bridge Replacement Project Supplemental Request No.5 (City Amendment No.4) Dear Mr. Eisenbeisz: On September 25, 2003, the City retained LAN Engineering to perform Civil Engineering Project Management/Coordination Services for the Mount Vernon Avenue Bridge Project. Originally the 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 the BNSF to lead to 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 (no. 3) to cover additional scope in the amount of $55,700.00 bringing the total to $204,268.00. On May 18, 2007, LAN requested additional budget (no. 4) to cover additional scope in the amount of $92,100. The City approved all four supplements. Working together with the City, Caltrans, FHWA and BNSF, progress has continued to be made. Principal achievements include preparing funding paperwork, preparing staging and scheduling plans for use with the railroad, coordination with Caltrans Local Assistance and Headquarters, organizing and implementing a Value Analysis Study, oversighting the City's environmental consultant which resulted in the approval of the Finding of Adverse Effect, submittal and partial approval of the Memorandum of Agreement and lastly submittal of the Environmental Assessment to Caltrans. In the process of the above work, LAN has expended nearly its budget. In view of the above, we are requesting additional funds to allow us to complete additional coordination with Caltrans on funding and continuous oversight reviews of the Environmental Assessment and its Technical Studies. In addition, it has been expressed that the City would like to continue Project Development Team meetings. Lastly, revisions to the staging/scheduling plans are necessary to reflect comments from the Value Analysis Study. We understand the City is poised to retain a PS&E design team and therefore assume that our role as Project Management support should be complete once we resolve the pending issues of Funding and the Environmental Document. IIN II.....'. 111.1 I. 11.1 ~ . 2008-405 ATIACHMENT"A" LIM & NASCIMENTO ENGINEERING CORPORATION IMI SCODe of Services The following is a detailed description of our Scope of Services. Proiect ManaaemenllCoordination 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, working towards the goal of obtaining environmental clearance and 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 Revise alternative staging/scheduling plans for the demolition and reconstruction of the Mount Vernon Environmental Proiect ManaaemenllCoordination Coordination between Caltrans Environmental and Jones and Stokes, which includes following up on reviews and submittals, and other tasks as necessary that would be required when processing an environmental document through the Local Assistance process. Quality Control/Quality Assurance (QC/QA) review prior to documents being submitted to Caltrans, which would ensure that the submittal would be complete and uses appropriate Caltrans format. Fee ProDosal LAN proposes to perform the above civil engineering services on a time and material basis, for a fee not to exceed $40,740 without prior authorization from the City. This is an on-call, as-needed effort. Person Hrs RatelHr Subtotal William Nascimento, PE, SE 48 $175.00 $ 8,400 Alicia Colburn 230 $110.00 $ 25,300 Todd Dudley 32 $ 130.00 $4,160 Ray Andresek 32 $90.00 $2,880 Total $ 40,740 This additional supplement brings the total cost to $337,108.00 IIN '........ 1.111 I III . , 2008-405 ATIACHMENT "N' LIM & NASCIMENTO ENGINEERING CORPORATION IMI If you have any questions or wish to discuss this in greater detail, please feel free to contact me at (949) 357-9015 Sincerely, LAN Engineering Corp. ~jI/"':' ~d . G. J. William Nascimento, PE, SE GJN/gjn IIN ...... ~ " , , Thiscertificalcisexccutcd Li such insLnnce as is afforded those ies. Cel"lilklte on.......ce Thisccrtificale is issued Il$a maaerorinformtlion only andconfers norighlsupon the ccrtilicateholder. Thisoertificatc is not.. insunmcepoJiey and docs not affirmatively orncptivdy amend, exICnd, or ahcr the covcnge afforded by the policies listed below. Policy limits ~ no less than those lisIcd, al1bouJh: policies n&I:y include additional subJimits not listed below. Policy limib may be rcWced by dams "'....... nis ilto certify dlat (Name ud addreu 0' Insured) Mutuallnsw1lDCC .. BM0068 LIM & NASCIMENTO ENGINEERING 20 EMPIRE DRIVE LAKE FOREST. CA 92630 ~ Libert): tP Mutual... is,1l the iauedllc oflhill ccrtitbIe. iasurcd by the CoInpey underlho poIicy(ia) listed below. The m.nncc IIIIWUaI by Ihe listed poIicy(ies) is subject to aU tbelrlaml, exc.... ani condidons and isnotaltcftd lam or concIitim of - CCI'IhcC or ocher document with rsnect to which this CIItificIIIe mIY be iIIucd. E.plnd.. Type Eltllm. Dab(.) PoIIev N.lO_.I Umlts ofLlability Continuous. 0910112008/0910112009 WC2-161-%535~38 Cove.... afforded UDder WC low of Employen LIability fo- Extended tho fol1owlq ......, Bodily I.Jory By Acelde.t f0- X Policy Term CA $1,000,000 Each Aedd..t Bodlly IlIjory By DIseue $1,000,000 Polley Limit Worken Compelll8t1o. Bodlly IlIjury By DIseue $1,000,000 _ Ponou 1211512007/1211512008 TB2-161-%535~57 Go.en! A_te-Otber tba. ProdICompleled Opentlo.. Ge.enl Liability $4 000,000 @ Claims Made I ProcIoctslCompJeted Opendo.. AanPte $4 000 000 X Occarmtcc Bodily Injury and Property Dama.. LIability Per $2 000 000 Oet:arreace I Retro DIlte I Penoooland Advertlslnl InJnry Por Penon I $1 000 000 I o......izlItIon Otber LIability OtIIer LIability $500 000 FIRE DAMAGES $5,000 MEDICAL EXPENSES 1211512007/1211512008 AS7-161-%535~7 Each A<ddent - SiDlle Limit. B. L ..d P. D. CombiDed Automobile LlabUlty $1 000,000 Eoeb PenGII ~Owned I Eac. Aceideat or Oceurre.ee X Non-Owned X Hired Each AecJdeat or Oceurrenee C Project: Mt Vernon A venue Viaduct over tho BNSF Roi1n:od (bridgej/ S4COO66) 0 Per items 3 and 4 offonn LG3180 0505. City of San Bemudino. Dewlopmem Scrvic:c Dcp8rtment Public: WorbIEngineering are additional insuml on the General Liability M policy irrequired by a wri.... _ with tho N......!nJuml, but only for tho co_ and IImitJ provided by tho policy and odditionoI insun:d M endoncllWint. E N T S IMPORTANT (rdle c:ertllbt: IIoIder is.. ADDf110NAL INSURED. the po&y(ia) III\lIIt be endorwd. A......... on dill ~~ does not co.fCf....... tbe ceti"'lIoIder in lieu _Of.... CIIllor-.nl(s). If SUBROGATION IS WAIVED. suIIjecl: Ig 1M foms"'~of1hepolicy.1latIIn pDlieicsmay require........... A __ OIl1his~doanot confer rf&I* IolheCleltlftclte holder In lleuofsuch ........__... The li:lllowin,IppIieaOllIy wilh IelpCCtto I--=c lilr...,1:IrriIn reai*nd'" Florida: AI pnwidId filr In FIa. StIt., 32G.02(S)(e). iMliJeed "*"- poIky may... boClllCldIod 011'" ...lOdays..... nodce ~ die illM'a' to the DcpMmentorHwy SIIlky" Mellor Vehlola, such 30. lIllliI;II; Ig COlIIIIlCIICIC.... dllellOlb ilNcei.! by die o.p.anent. Notic:eorcancellltioa: (nDI........Illl....numberofdaysil~beIow). Nodceofc-JlllbtdoallOClpp/ywlapolk:y(Ia)_l;IIICCledduclo_~ofpranilllll. ..IIleSlakdaplnaion_dlcClOlllflMY willnocClllllCI<<R:ducelhei_llli:rdedllllderdlelboYepoliciellllltll....Jld8ysllOtk:eofllldl~'*...maUedlOlhebdowlbledCertifklteHolder. .. .~ A .. Office, ORANGE. CA Phone: 714-937-1400 "~r 6' J - Certificate Holder. MY LE-NGUYEN Attn: Michael W Grubbs, Project Manager Autborized ReDreseatative C~ty of San Bernard~no, Development Servlce Department PUblic Work/Engineering 300 North D San Bernardino, CA 92418-0001 Da.. I..ued, 11/11/2008 Prepared By: JF '~'.. II , LG 3180 0505 - Liberty Direct Solutions for Contractors ITEM 3. ADDmONAL INSURED-ONGOING OPERATIONS-AUTOMATIC STATUS CG 2033 07 04 Additional Insured - Owners, Lessees, or Contractors Is added to your polley. A. SectIon II - Who Is An Insured is amended to include as an additional insured any person or organization for whom you are perfonnlng operations when you and such person or organization have agreed in writing in a contract or agreement that such person or organization be added as an additional insured on your policy. Such person or organization is an additional insured only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured. A person's or organization's status as an additional insured under this endorsement ends when your operations for that additional insured are completed. B. With respect to the insurance afforded to these additional Insureds, the following additional exclusions apply: This insurance does not apply to: 1. "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: a. The preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, Inspection, architectural or engineering activities. 2. "Bodily injury" or "property damage" occurring after: a. All work, including materials, parts or equipment fumished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or b. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in perfonning operations for a principal as a part of the same project. ITEM 4. OPTIONAL COVERAGE. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS _ COMPLETED OPERATIONS - WHEN SHOWN IN SCHEDULE xx If this box Is checked, CG 2037 07 04 Addltlonsllnsured - Owners, Lessees or Contractors _ Completed Operations is added to your policy as follows: SectIon 11- Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the attached Schedule endorsement, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or In part, by "your work" at the location designated and desaibed in the schedule of this endorsement performed for that additional insured and Included in the "products-compleled operations hazard". The coverage provided by Item 4. applies in conjunction with CG 2033 07 04, as provided by Item 3., above. LG 3180 0505 Page 1 of2 i'~'~ " , LG 3180 0505 - liberty Direct Solutions for Contractors Thil encIon<<nInt II executod by the Thlleooo......m 111_ by the company _ deligllltlld by In Il1try In the box oppoolt8 ill narno ( ) LIBERTY MUTUAL INSURANCE COMPANY Pl1lfTllum [X) LIBERTY MUTUAL FIRE INSURANCE COMPANY ( J LIBERTY INSURANCE CORPORATION Effective Date: t2l1512007 ElqlInItIon Date: 1211512008 [ ) LM INSURANCE CORPORATION [ ] THE FIRST LIBERTY INSURANCE CORPORATION For al1aChmontto Polley No. TB2-161-065359-057 Aud~ BaaiI: lasued to: L1M & NASCIMENTO ENGINEERING ~1~~ lj:-::D!:~ Countersigned by... ...... ......... ......... ......... .. ............ ...... ......... ...... Authorized Representative ISlued: 121112007 JF SaI.. Office and No. ORANGE. CA I 0602 LG 3180 0505 Page 2 of 2 "~'.. '''' ..f .# CUe-: 10898 8085359 ACORDN CERTIFICATE OF LIABILITY INSURANCE I DATE (IIIIIDDm'YV) 11/11108 - THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Helmsman Inaul'8nce Agency LLC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE CA Ucen..: 0E48175 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. PO Box 95401 Hoffman EsQMa,IL 80195-5401 INSURERS AFFORDING COVERAGE NAJC . IlllURE. INSURER '" L10Yda Llm & Nuclrnento Engl....rlng INSURER B: 20 empire Drive INSURER c: llIke Fonat, CA 92830 INSURER D: INSURER E: COVERAGES THE POlICIES OF INSURANCE USTEO BELOW HAIlE SEEN ISSUED TO THE INSURED NAMED /4BOVE FOR THE POLICY PERIOD INDICATED. N01WITHSTANDING /W'( REQUIREMENT, TERM OR CONDITION OF /W'( CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED SYTHE POUCIEB DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POUCIE8. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. TYPI CIf' INIURANCE _......UAIIIIJT't COMMERCIAl. GENERAL LIA8I.ITY CLAIMS MADE D CXCUR --=v_ ..... $ $ MED EXP one , PERSONAL. &NN INJURY , GENERALAOGREGATE S PRODUCTS. COMPIOP AGO S ""-'UAIIIIJT't "'" AUTO All OWNED AUTOS SCHEDULa> AUTOS HIRED AUTOS NON-OWNEIl AUTOS GARAClI!UAR/TY "'" AUTO EXCEIMIMBREUA LIA8LJTY OCCUR 0 ClAIMS MADE DEDUCTIBLE RETENTION $ WORKEJIa COMNNIATION AND --....... UAIIIIJT't ANY JIlROrru.:.. ORIPARTNERIEXECUTJVE OFFICERIMEMBER EXa.UDED? . -...... A ana ProfeuIon8l PLlMOO108 10101108 10101109 SIR: $75,000 A Promalonal Uab PLlM00208001 10101108 10101/09 DESCRPnON OF OPERAnDNIl LOCAnotIS/Y!HICLI!I' ~ I...... ADDeD BY !NDOIUIEMENT, P!CW. PRCMIION8 Project: Mt Vernon Avenue Viaduct 0YlII' the BNSF Railroad (brldgetl 54COO98). CERnFICATE HOLDER CANCEUATION atfOUI.D NI'I Of THE A8OY! D!ICRI8!D POLICI!IB! CANC!LLED 8EPORE THE I!XPtRATIDN City of San Bernardino, DATE THEREOF, THl.IS8UING IllUReR WILL END!A.VOft TO MAL --3a.... DAYS WRmEN Development Sarvlce Depsrtmsnt N011CI: TO THE CERTIFICATE HOLDIR NAMeD TO THI LUT. BUT FALURe TO DO 10 SHALl Public WorklEngl....rlng IMPOSE NO OIII.JGATION OR LIA8LITY OF Nl'lIOND UPON THE INSURER, ITS AGeNTS OR Attn: Mlcha.1 W Grubbs Pro] Mgr REPRUENTATIVU. 300 North D ~~ San I .CA ACORD 25 (2001/08) 1 of 2 tlS3450261M339317 1ECG Ii ACORD CORPORATION t988 ''-''''. 1I111 " J IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the poIlcy(las) musl be endorsed. A statement on this certificate does not confer rights to the certlfIcata holdar In lieu of such endorsameni(s). If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain poIicias may require an endorsement. A statamant on this certiftcate does not confer rights to the certificata holder In lieu of such andorsement(s). DISCLAIMER The Certificate of Insurance on the reverse side of this fonn does not constituta a contract betwaen the issuing Insurer(s), authorized representative or producer, and the certificata holder, nor does R afllnnatively or negatively amend, extend or altar the coverage afforded by the poIk:1as Hstad thereon. ACORD 25-8 (200tlO8) 2 of 2 #S3450261M339317 .~1IIl