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Home My WebLink About2012-065 RESOLUTION NO. 2012-65 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO.5 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH 3 AECOM TECHNICAL SERVICES, INC., TO PROVIDE ENGINEERING SERVICES 4 FOR THE DESIGN OF OLD WATERMAN CANYON BRIDGE REPAIR (SS07-14). 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 III 21 III 22 III 23 III 24 25 26 SECTION 1. That the City Manager is authorized to execute Amendment No.5 to the Agreement with AECOM Technical Services, Inc., to provide Professional Engineering Services for the Design of Old Waterman Canyon Bridge Repair (SS07-14) (attached and incorporated herein as Exhibit "A"). SECTION 2. This Amendment No.5 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 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 This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the Resolution.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 III 27 III 28 III 2012-65 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 1 AMENDMENT NO.5 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH 2 AECOM TECHNICAL SERVICES, INC., TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF OLD WATERMAN CANYON BRIDGE REPAIR (SS07-14). 3 4 5 and Common Council of the City of San Bernardino at a i oint regular 6 7 8 9 10 11 12 13 14 15 16 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor meeting thereof, held on the 16th day of April Council Members: AYES NAYS MARQUEZ x JENKINS x VALDIVIA x - SHORETT x - KELLEY x JOHNSON x MC CAMMACK ,2012, by the following vote, to wit: ABSENT ABSTAIN x 17 ~i~ 18 19 20 21 22 23 24 Approved as to form: City Clerk '[.,. The foregoing Resolution is hereby approved this ~day of April ,2012. 25 James F. Penman, 26 City Attorney 27 28 '~ 2012-65 Exhibit" A" AMENDMENT NO.5 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL SERVICES is entered into this 16th day of April, 2012, by AECOM Technical Services, Inc. ("Consultant") and the City of San Bernardino ("City)." WITNESSETH: A. WHEREAS, on May 15, 2006, Resolution No. 2006-145 approving Agreement for Professional Services with LAN Engineering Corporation, now known as AECOM Technical Services, Inc., to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14) was adopted by the Mayor and Common Council, and B. . WHEREAS, on November 6, 2006, Resolution No. 2006-376 was adopted approving Amendment No.1 to Agreement for Professional Services for additional environmental services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14), and C. WHEREAS, on May 7, 2007, Resolution No. 2007-135 was adopted approving Amendment No.2 to Agreement for Professional Services authorizing an Initial Site Assessment (ISA) for Old Waterman Canyon Bridge Replacement (SS07-14), and D. WHEREAS, on August 6, 2007, Resolution No. 2007-316 was adopted approving Amendment No.3 to Agreement for Professional Services authorizing an asbestos survey for Old Waterman Canyon Bridge Replacement (SS07-14), and E. WHEREAS, on April 4, 2011, Resolution No. 2011-079 was adopted approvmg Amendment No.4 to Agreement for Professional Services authorizing AECOM to proceed with design of the repair of Old Waterman Canyon Bridge (SS07-14), and F. WHEREAS, on March 14,2012, Consultant submitted a request for Amendment No.5 to Agreement for Professional Services authorizing AECOM to perform a Bat Emergence 2012-65 Exhibit" A" Amendment No.5 to Agreement for Professional Services - AECOM Technical Services, Inc. Page 2 of4 Survey for Old Waterman Canyon Bridge (SS07-14) at an additional cost of $4,754.50, and G. WHEREAS, Consultant's proposed fee is fair and reasonable for the work contemplated. NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 of said Agreement for Professional Services is amended to add that the Consultant shall provide professional services for design of the repair of Old Waterman Canyon Bridge in accordance with Scope of Work proposal, dated March 14, 2012, (attached and incorporated herein as Attachment "1 "). 2. Section 5(A) of said Agreement for Professional Services IS amended to add the following paragraph: 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 designing the repair of Old Waterman Canyon Bridge as identified in said Attachment "1" in an amount not to exceed $4) 754.50. 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 Amendment No.4 $160,793.44 Amendment No.5 (this request) $4,754.50 Totals $427,735.88 2012-65 Exhibit" A" Amendment No.5 to Agreement for Professional Services - AECOM Technical Services, Inc. Page 3 of4 3. All other terms and conditions of said Agreement for Professional Services, Amendment No.1, Amendment No.2, Amendment No.3 and Amendment No.4 as approved by Resolution Nos. 2006-145, 2006-376, 2007-135, 2007-316 and 2011-079 shall remain unchanged. III III 2012-65 Exhibit" A" Amendment No.5 to Agreement for Professional Services - AECOM Technical Services, Inc. Page 4 of 4 AMENDMENT NO.5 TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. Date: 6 51 n I 11- Date:~ ATTEST: Approved as to form: James F. Penman City Attorney Bz=sa C ~lJ.-.l AECOM Technical Services, Inc. by: Signature l MOH-AN L\-\AfL- VI(f: P(ZtJI tJfNr Print Name/Title by: 2012-65 ATTACHMENT "1" A:-coM AECOM 901 Via Pie monte 5~ Floor Ontario, CA 91764 www.aecom.com 909 579 3050 tel 909 579 3997 fax March 14, 2012 Michael Grubbs, P.E. Project Manager, Public Works Department City of San Bernardino 300 N. D Street San Bernardino, CA 92418 Dear Mr. Grubbs, Waterman Canyon Bridge Rehabilitation - Bat Emergence Survey and Report The California Department of Fish and Game (CDFG) is responsible for Issuing the City a permit to perform the work of rehabilitating the Waterman Canyon Bridge. As you know, the Waterman Canyon Bridge is scheduled to be rehabilitated this summer (2012). The CDFG has reviewed the City's application for a Streambed Alteration Agreement for the bridge rehabilitation project, and has raised concerns regarding the possibility that bats are roosting under the bridge. In order to respond to these concerns, it is necessary to conduct a daytime bat roost assessment, and a bat emergence survey. The purpose of the investigations is to determine whether the bridge could potentially serve as roosting habitat for any type of bat species, and whether the proposed bridge rehabilitation project would result in any impacts to roosting bat species. Since the permit from the CDFG is required to move forward with the bridge rehabilitation project, it Is hereby requested that the additional funds needed to cover the bat roosting assessment, emergence survey and written report, be provided in order to satisfy these concerns. Very truly yours, ~~- . '_. ,...,.".....'.... ,',,'0'- ,', ", ........ Todd W. Dudley, P.E., S.E. Senior Project Engineer Attachment: Cost estimate . , .0 co .&::. Q) 0:: Q) C) :g 0 lXI .~ c"E o CO >.c c ... CO Q) OlXl c c CO CO E~ Q) 0 ~B ~ ~ ::J U) :i c IV ~ .; ~ .. .2 .; E ~ en W - ! o . ..- Q) 7i IV I- 2012-65 .~ 0. ~ ~I ~ .~ :l! ION..... ~N. ~~~ i~: ~"'I ~~: .8 ..' ~ ~: , 6 o ...: f5 ~ en · · Pt .~ i ~~ i~ J ~~ " 0. 00100 ... 'r" ifD 10 I j~ ~~ ~ () 0 I I '; !! c3 ~ ~ ::i j E " .., Gl e ~ I ~ Ul _COCO....CO :t: .... ,.. cq ~ m ::8 8 ". U5 ~ ::= ~ cocoC'). C! "l fl8 o . .... o 'if, ......0 Gl .... ~ 10 ~ U5 ...~. i ~ s V l'! .. >; en! ..(5 g; ~ ~i! C~ QI a: ~8 ~! 1ii~ ell in 1"8 ~ 'Gi' Qlell ~ tf. ~ ~ OJ 'if, . IS 2l;! :s..- ii ~ .~j~ J i I ~ ti 1- ~ j'iij~ .. ~ 'S 'if, ~ IU ~ ~ el~ ..~~.....IO ~ 6l1;ili ~ ~ g ~.~ q ~i 3 .~ ... ~. 0iS ~ ::& l5~ ATTACHMENT "I" ~ ..... ~ ~ I 'U ~ t::l SI ti\ C) U1 ~ ~ i' ~I ~ ~ .c: .. ~ .10 ~ E 1l 1; ! ~ N '" ,:.: N ~ ~ ." .t ~ o