HomeMy WebLinkAbout2010-036
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RESOLUTION NO. 2010-36
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO.5 TO SERVICES AGREEMENT WITH AECOM (FORMERLY
LAN ENGINEERING CORPORATION) FOR PROVISION OF PROFESSIONAL
4 PROJECT MANAGEMENT SERVICES FOR THE DESIGN OF THE MT. VERNON
A VE. VIADUCT OVER THE BNSF RAILROAD.
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6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION I. That the City Manager is authorized to execute Amendment No.4 to the
Services Agreement with AECOM (formerly LAN Engineering Corporation) for provision of
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10 professional project management services for the design of the Ml. Vernon Avenue Viaduct over
11 the BNSF Railroad (attached and incorporated herein as Exhibit "A").
12 SECTION 2. That thc Director of Finance is authorizcd to increase the purchase order in
13 a total amount not to exeeed $30,800.
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SECTION 3. This Amendment No.5 shall not take effect or become operative until
fully signed and exccutcd by the parties andno 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
or authorized and shall not be implied from any act or course of conduct of any party.
SECTION 4. This resolution is rescinded if thc parties to the contract fail to execute it
20 within sixty (60) days of passage of the resolution.
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2010-36
1 RESOLUTION ... APPROVING AMENDMENT NO. 5 TO SERVICES
AGREEMENT WITH AECOM (FORMERLY LAN ENGINEERING CORPORATION)
2 FOR PROVISION OF PROFESSIONAL PROJECT MANAGEMENT SERVICES FOR
3 THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
4 I HEREBY CERTIFY that the foregoing rcsolution was duly adopted by the Mayor and
5 Common Council ofthc City of San Bernardino at a joint regular
meeting thereof, held
6 on the 1st
7
8
9
day of
March
,2010, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN ABSENT
MARQUEZ
x
10 DESJARDINS
11 BRINKER
12 DERRY
13 KELLEY
14 JOIINSON
15
MC CAMMACK
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17
18
x
x
~
x
x
x
~...J.J h ~
Clt Clerk
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23 Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
The forcgoing resolution is hereby approved thisa{'-*e _ day of :1arch
,2010.
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CIty of San Bernardino
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2010-36
Exhibit "A"
AMENDMENT NO.5 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this ---1s.L day of M"uh , 2010, between
AECOM (formerly Lim & Nascimento (LAN) Engincering Corporation) ("Contractor") and the
CITY OF SAN BERNARDINO ("City)".
WITNESSETH:
A. WHEREAS, on March 15, 2004, thc 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
with Contractor for Professional Civil Engineering Project Management Services
for managcment 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 Avenuc
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. Vernon A venue
Viaduct over the BNSF Railroad; and,
E. WHEREAS, on October 20, 2008, the Mayor and Common Council of City
adopted Resolution No. 2008-405 approving Amendment No. 4 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 (SS04-12).
E. WHEREAS, City has requested additional services not covered in said Services
Agreement, Amendment No. I, Amendment No.2, Amendment No.3 or
Amendment No.4; and,
F. WHEREAS, Contractor is agreeable to providing said additional services subject
to approval of proposed Amendment No. 5 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.
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2010-36
Exhibit "A"
Amendment NO.5 to Services Agreement -AECOM (Lim & Nascimento Engineering Corporalion)
Page 2 of3
NOW THEREFORE, the partics 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 ovcr the BNSF Railroad, in accordance with the attached
proposal from Contractor, dated January 26, 20 I 0, 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 $30,800.00 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 Agreemcnt . . .. . . . .... . ... 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. . . . . . . . . . . . . . . . .40,740.00
g) Amendment No.5 to Services Agreement (this request). . . . . .30.800.00
Total not-to-cxcecd amount. . . . . . . . . . . . . .$367,908.00
3. Section 4 of said Services Agreement is amended to add the following: The term of this
Agreement shall be extended to December 31, 20 I 0, 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,
Amendment No.2, Amendment No. 3 and Amendment No. 4 as approved by Resolution
Nos. 2004-73, 2004-215, 2004-399, 2007-382 and 2008-405, respectively, shall remain
unchanged.
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2010-36
Exhibit "A"
Amendmenl No.5 to Services Agreement -AECOM (Lim & Nascimento Engineering Corporalion)
Page 3 of3
AMENDMENT NO.5 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
Date:
3/1'//0
by:
IVILLI ttNt {l/4:t,C<M€-'" Ie
Print Name/Title VI t6 f'1'.E-5 i.(}b-- ,-
Date: 3\rs\\O
by:
Cha es E. McNeely
City Manager
ATTEST:
~...Juf k (Y~,),~
Rach Clark, City Clerk
Approved as to form:
JAMES F. PENMAN,
~neY . ~
. .~\L ~\awl
2010-36
ATTACHMENT "A"
AECOM ~
Tuesday. January 26, 2010
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.6
Dear Mr. Eisenbeisz:
On September 25, 2003, the City retained LAN Engineering to perform Civil Engineering
Project ManagemenUCoordination Services for the Mount Vernon Avenue Bridge
Project. Originally. the role was envisioned to provide a Senior Project Manager to
provide oversight to 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 the team to clear the environmental process,
and complete the preliminary engineering, including handling the coordination with the
BNSF, ultimately 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. On May 18, 2007, LAN
requested additional budget (no. 4) to cover additional scope in the amount of $92,100,
bringing the total to $296,368. On September 18, 2008, LAN requested additional
budget (no. 5) to cover additional scope in the amount of $ 40,740, bringing the total to
$337,108. The City approved all five supplements.
Working together with the City. Caltrans, FHWA, and BNSF, progress has been 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; oversight of
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;
approval of the Visual Impact Memorandum; approval of the Paleontological Study; and
lastly two submittals of the Environmental Assessment to Caltrans. It is also noted that
Caltrans Local Assistance recently approved the request for additional Preliminary
Engineering funding.
In the process of the above work, LAN has expended nearly all of 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.
20 Empire Drive
Lake Forest, California 92630
'WWN.aecom.com
T 949.768.8888
F 949.768.5912
2010-36
ATTACHMENT "A"
AECOM l!m
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 completed once we resolve the
pending issues of Funding and the Environmental Document.
Scope of Services
The following is a detailed description of our Scope of Services, which assumes the
project will receive approval of the Environmental Document within one year. Any
additional services required may require an additional amendment.
Task 1 - Proiect ManaaemenVCoordination
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.
Coordination with City, Caltrans, BNSF, FHWA, Jones & Stokes and other members of
the design team will be as needed to develop the project.
Task 2 - Meetinas
Schedule, hold, and lead project team meetings as needed.
Task 3 - Environmental Proiect ManaaemenVCoordination
Provide coordination between Caltrans Environmental and Jones and Stokes, which
includes managing the reviews and submittals, and other tasks as necessary required
when processing an environmental document through the Local Assistance process.
Provide Quality Control/Quality Assurance (QC/QA) review prior to documents being
submitted to Caltrans, which ensures that the submittals are complete and use
appropriate Caltrans format.
Fee Proposal
LAN proposes to perform the above civil engineering services on a time and material
basis. for a fee not to exceed $30,800 without prior authorization from the City. This is
an on-call, as-needed effort.
Person
Alicia Colburn
Hrs
280
Rate/Hr
$110.00
Subtotal
$ 30,800
Total
$ 30,800
280 hours will be needed to complete these tasks. This additional supplement brings
the total cost to $367,908.00
20 Empire Drive
Lake Forest, California 92630
www.aecam.com
T 949.768.8888
F 949.768.5912
2010-36
ATTACHMENT "A"
AECOM I!m
If you have any questions or wish to discuss this in greater detail, please feel free to
contact me at (949) 357-9015
Sincerely,
AECOM/LAN Engineering Corp.
~/Lld~
G. J. William Nascimento. PE. SE
GJN/gjn
20 Empire Drive
Lake Forest, California 92630
WI/NI.aecom.com
T 949.768.8888
F 949.768.5912