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HomeMy WebLinkAbout2009-108 1 RESOLUTION NO. 2009-108 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 3 AMENDMENT NO. ONE TO A SERVICES AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR DESIGN OF STREET, 4 STORM DRAIN, TRAFFIC SIGNAL, AND SOUND WALL IMPROVEMENTS ALONG VICTORIA AVENUE FROM HIGHLAND AVENUE TO L YNWOOD AVENUE. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 OF SAN BERNARDINO AS FOLLOWS: 7 8 experienced and able to perform the design of street, storm drain, traffic signal, and sound wall 9 10 11 SECTION 1. Engineering Resources of Southern California, Inc. is competent, improvements, and has provided the most advantageous and best proposal for provision of the design of street, storm drain, traffic signal, and sound wall improvements along Victoria Avenue 12 from Highland Avenue to Lynwood Avenue, per Amendment No. 1 to Agreement for 13 Professional Services, attached hereto and incorporated herein as Exhibit "A", for the not-to- 14 exceed additional amount of $58,500. Pursuant to this determination, the Director of Finance is 15 hereby authorized and directed to increase the Purchase Order for said services to said firm 16 which references this resolution. The City Manager is hereby authorized and directed to execute 17 said Amendment on behalf of the City. 18 19 SECTION 2. The authorization to execute the above referenced Agreement is rescinded 20 ifit is not executed within sixty (60) days of the passage of this resolution. 21 /// 22 III 23 24 25 26 27 28 - I - 2009-108 1 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a j oint regular meeting thereof, held on the day of Mav ,2009, by the following vote, to wit: 4th Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA x 11 BAXTER 12 BRINKER 13 SHORETT 14 KELLEY x x ----1L x 15 JOHNSON 16 17 x x MC CAMMACK 18 19 20 21 22 Q,~k,~ RaChel Clark, City Clerk The foregoing resolution is hereby approved this S-~ day of May ,2009. 23 24 JAMES F. PENMAN, 25 City Attorney 26 Approved as to form: 27 28 - 2 - 2009-108 EXHIBIT '!A" AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES (City-Funded Projects) This AMENDMENT NO. 1 is made and entered into this 4th day of May , 2009, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "City" and Engineering Resources of Southern California, Inc. hereinafter referred to as "Consultant." WITNESSETH: A. WHEREAS, on January 10, 2005, Resolution No. 2005-008 was adopted by the City approving an Agreement for Professional Services with Engineering Resources of Southern California to provide Civil/Traffic Engineering Services for the Design of Street, Storm Drain, Traffic Signal, and Sound Wall Improvements along Victoria Avenue from Highland Avenue to Lynwood Avenue (SS05-25); and, B. WHEREAS, the City has need of additional Professional Services not included in the scope of services of said Agreement; and, C. WHEREAS, Consultant has submitted a letter proposal dated April 6, 2009 offering to provide the additional Professional Services; and D. WHEREAS, said Agreement was approved for a term of one year after the date of approval of the Agreement; and E. WHEREAS, the City will need the servIces of Consultant for approximately one additional year. NOW THEREFORE, the parties hereto agree as follows: Section I. "Scope of Services" is hereby amended to add the following: Consultant shall perform those additional services specified in Consultant's letter proposal dated April 6, 2009, attached and incorporated herein as Attachment "A". Section 2. "Term of Agreement" is hereby amended as follows: The Agreement shall expire one year from the date of approval of this Amendment No.1, unless extended by written agreement of the parties. Section 4. "Compensation" is hereby amended as follows: A. The City shall reimburse the Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in performance of the additional work authorized by this Amendment, in an amount not to exceed $58,500.00, -1- 2009-108 Amendment NO.1 to Agreement for Professional Services with Engineering Resources of Southern California, Inc. except that reimbursement shall not include courier services, mileage or reimbursement for travel to the City to attend meetings or conduct the activities. B. The following is a summary of authorized compensation to date: Original Agreement...... ............ ............ ...... ...$340,000.00 Amendment No I... ............... ........ .......... ...... 58,500.00 Total Authorized Amount... ....$398,500.00 Section 13. "Notices" is hereby amended as follows: All official notices relative to this Agreement shall be in writing and addressed to the following representatives of Consultant and City: CONSULTANT Engineering Resources of Southern California, Inc. 1820 Commercenter Circle San Bernardino, CA 92408 Ph: (909) 890-1255 Ext. 226 Fax: (909) 890-0995 CITY Ms. Valerie C. Ross, Director Development Services Department City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Ph: (909) 384-55357 Fax: (909) 384-5155 All other terms and conditions of the Original Agreement as approved by Resolution No. 2005-008 remain unchanged. III III - 2- 2009-108 Amendment No. I to Agreement for Professional Services with Engineering Resources of Southern California, Inc. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. Date: 5/18/2009 Date: 5-~. 0 "7 ATTEST: ~{Ci~;er~ Approved as to form: James F. Penman City Attorney /~ III ENGINEERING RESOURCES OF SOUTHERN CALIFORNIA, INC. bY:~~ Signature John M. Brudin, P.E., Principal Print NamelTitle CITY OF SAN BERNARDINO (f1L-) by: Lori Sassoon Acting City Manager City of San Bernardino - 3 - 2009-108 ~rS(I::'!"";\, /1 '.1"\. L5\'vI' "" ,I,!, TACHMENT "'Ai, ^ 'ce;, ,u.' ;-\1 i" R. ENGINEERING ESOURCES CITY CF '':;.hl'< .-;l::H~,Jr:',;',;_'".d DEVELOPMENT SER.....iCES O~P;\RTMENT Of SOUTHEftN CAUfORNIA, INC. 00015010 (#1) April 6, 2009 Robert G. Eisenbeisz, P.E., City Engineer City of San Bernardino Development Services Department 300 North D Street San Bernardino CA 92418-0001 SUBJECT: REVISED ENGINEERING SERVICES PROPOSAL FOR VICTORIA A VENUE BEAUTIFICATION PROJECT, PHASE II, DESIGN CHANGES Dear Robert: Per the terms of our contract and guidance of the City, design for the southerly portion of the Victoria A venue Beautification project, including the southerly side of Highland Avenue extending westerly to Robinson Road, designated as Phase II, has been completed with second submittal having been made for a significant portion of the project. Plans, specifications, and estimates have been completed and submitted, therefore, for the street improvement plans, signal and signal modification plans, street lighting, landscape and irrigation plans, and Patton Basin/Indian Creek improvements, totaling 29 sheets. Included in the design completed, though not submitted, was the elimination ofthe eastbound right-turn lane on Highland Avenue and design for an asphaltic concrete dike on the south side of Highland Avenue, Robinson Road to Victoria A venue. This area of the project site is within the jurisdiction of the City of Highland. During 2008, efforts were undertaken and completed by the City of Highland for acquisition of needed right-of-way on the west side of Victoria A venue and the south side of Highland A venue to accommodate the desired street width and/or alignment. Right-of-way acquisition has now been accomplished and it has bcen indicated that the City of Highland wishes to revise the design for the south side of Highland A venue as well as a portion of the west side of Victoria within their jurisdiction. Additionally, you and your staff have indicated that the City of San Bernardino wishes to revise the design for the street from just south of Date Street. northerly to the project limits, and to eliminate parkway landscaping southerly of this point. Changes to be made, we understand. are as follows. i;~;) C"',H;:\I!;lr:\ [;P(if ),,,j CA n:l~18J430 1:909) 1;90 ! '2,)5 (n09) H90 099': !'.' 2009-108 ATTACHMENT "A" 00015010 (#1) Robert G. Eisenbeisz, P.E., City Engineer April 6, 2009 Page 2 1. The southbound left-turn lane is to be eliminated at the Date Street/Flood Control District driveway intersection. This will result in elimination of the l2-foot median to the north of the intersection with only a io2-foot cobbled median to remain and this will necessitate changes to the street improvement plans and landscaping and irrigation plans for this area. Traffic signal at the intersection is to be deleted, thus a signal plan is not required. However, street lights are to be designed for the northeast and southwest corners of the intersection. 2. For inclusion of a northbound left turn lane to the Flood Control driveway, median to the south will generally remain at 12-feet and west side curb location will be unchanged south of Date Street. North and through the intersection, striping will be designed for transition change in lane widths. To the south, change in west curb location in the Highland city limit will need to be redesigned for a new alignment, however. 3. South side design for Highland Avenue from Robinson Road to Victoria will now be changed a second time. Design now is to include a curb and gutter at 42 feet with sidewalk in the widened right-of-way of 49 feet. Type of median crossing barrier is to be determined by the City of Highland. These changes to the street construction will result in the need to modify plans for street improvements and striping of Highland A venue. Signal modification plan, however, will be eliminated as there will be no need for relocation nor replacement. 4. In acquiring the right-of-way on the south side of Highland Avenue, the City negotiated with property owners and committed to the construction of parking and ADA access facilities at the back of two parcels; therefore, the additional effort required will include additional survey, design, and preparation of plan and details. 5. Resulting from the City's meeting and discussions with the staff of the County Flood Control District. was that paving of the concrete swale, as shown on plans ready for approval by the County, will be deleted in exchange for construction of a debris/silt storage area constructed near the existing northerly driveway. This structure is to be designed to retain material eroded from Flood Control property to the north and west with a water overflow conduit connecting to an existing 48-inch drain which discharges to the Patton Basin. Services, then, will involve a design of this debris/silt storage basin in accordance with methods set forth in a technical paper authored by Fred Tatum 2009-108 ATTACHMENT "A" 00015010 (#1) Robert G. Eisenbeisz, P.E., City Engineer April 6, 2009 Page 3 of the U.S. Corps of Engineers. It may be necessary to relocate the driveway in order to provide a sufficient radius for truck access to the basin ramp at the northeast comer. Resulting from this guidance, then, will be the need to procure additional topographic survey in the area of the proposed debris/silt storage basin, calculations to size the storage basin in accordance with the "Tatum" method, prepare a grading plan and details of the storage basin, and revise plans to delete the concrete swale and details. Remaining on the plans prepared will be that of relocated fencing for the Flood Control right-of-way. Modifications and changes in design and plans will be required for 24 of the 29 existing sheets including street light relocation and landscape and irrigation plans. Modifications also will be required to the two plans concerning the Patton Basin and one new sheet required concerning the parking and ADA access features for properties on the south side of Highland Avenue. Two signal plans will be deleted. Additionally required will be survey and mapping of the area of the proposed debris storage basin on the Patton Basin site, as well as of the two parking areas to the south of Highland A venue. Also required will be changes to the specifications and quantity and cost estimates. To effect the changes sought by the City, ERSC proposes to complete redesign and additional design and related modifications to plans, specifications, and estimates for a lump sum amount of $58,500. It is, therefore, requested that a contract change order be processed to amend our current contract. This, then, would revise the total contract amount from $340,000 to $398,500. Should there be any questions or if you have any suggestions regarding our proposed effort, please contact me. Very truly yours, l~lJ / ~thn G. Egan, P.E. fjincipal Engineer JGE:ma cc: Mike Grubbs. City of San Bernardino S:Sall lkrnardillll City of()()O 15.01 mpropllsal d.;sign changc-REVISFD.\\pd