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HomeMy WebLinkAbout05.H- Public Works 5,H ; RESOLUTION (ID# 1668) DOC ID: 1668 B CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Nadeem Majaj M/CC Meeting Date: 04/16/2012 Prepared by: Michael Grubbs, (909)384- 5140 Dept: Public Works Ward(s): 4 Subject: Resolution Authorizing Execution of Amendment No. 5 to Professional Services Agreement with AECOM Technical Services, Inc. to Provide Engineering Services for the Design of Old Waterman Canyon Bridge Repair(SS07-14). Financial Imuact: Account No. 242-160-5504-7671-0025 "Old Waterman Canyon Bridge Repair."Account Budgeted Amount: $2,413,500.00 Balance as of March 26, 2012: $2;383,806.20 Balance after approval of this item: $1,956,070.32 Please note this balance does not indicate available funding. The budgeted amount reflects the estimated cost for bridge replacement and was expected to be reimbursed by the Federal Emergency Management Agency(FEMA). Given that the funding agency changed the scope of the project from replacement to repair,this budgeted amount will be reduced in next year's Five- Year Capital Improvement Program. Motion: Adopt Resolution. Synonsis of Previous Council Action: 05/15/06 Adopted Resolution No. 2006-145 approving Agreement for Professional Services in the amount of $224,621.00 to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement(SS07-14). 11/06/06 Adopted Resolution No. 2006-376 approving Amendment No. 1 to Agreement for Services in the amount of $25,916.94 for additional environmental services for the Design of Old Waterman Canyon Bridge Replacement(SS07-14). 05/07/07 Adopted Resolution No. 2007-135 approving Amendment No. 2 to Agreement for Services in the amount of$8,000.00 for Initial Site Assessment (ISA) for the Design of Old Waterman Canyon Bridge Replacement(SS07-14). 08/06/07 Adopted Resolution No. 2007-316 approving Amendment No. 3 to Agreement in the amount of$3,650.00 for the Design of Old Waterman Canyon Bridge Replacement Updated:4/10/2012 by Robert Sepulveda B 1668 (� (SS07-14). �✓ 04/04/11 Adopted Resolution No. 2011-079 approving Amendment No. 4 to Agreement in the amount of$160,793.44 for the Old Waterman Canyon Bridge Repair(SS07-14). Background: On August 7, 2006, the FY 2006/11 5-Year Capital Improvement Program (CIP) was adopted, which included a project to replace Old Waterman Canyon Bridge (SS07-14). This bridge is located on Old Waterman Canyon Road, approximately one mile northerly of Waterman Avenue (State Route 18). The bridge was severely damaged in a flood that occurred on December 25, 2003 (see attached photos). Funding for repair of the bridge was approved by the Federal Emergency Management Agency(FEMA)under disaster declaration FEMA-1498-DR; however, before repairs could be started, a second flood event occurred on January 10, 2005, and further damaged the structure. A federal disaster declaration (FEMA-1577-DR) was made for the San Bernardino area subsequent to the January 10, 2005, storm. FEMA reviewed the condition of the bridge and determined that repair of the bridge was not feasible and allocated funding for its replacement. O Funding in the amount of$505,000 was allocated for the project, 75 percent of which was to be reimbursed by FEMA and the remaining 25 percent by the State Office of Emergency Services (OES),which is now known as the California Emergency Management Agency(Cal EMA). On May 15, 2006, an Agreement for Professional Services in the amount of $224,621 was approved with LAN Engineering Corporation (currently known as AECOM Technical Services, Inc.) to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). On November 6, 2006, Amendment No. 1 to the Agreement with AECOM Technical Services, Inc., for Professional Services in the amount of $25,916.94 was approved, authorizing Jones & Stokes, an environmental subconsultant to AECOM Technical Services, Inc., to proceed with focused surveys for six sensitive species that may inhabit the site. Five of the special-status species are plants and one is an animal (Merriam's Kangaroo Rat). During preparation of the biological, cultural and water quality technical reports, the need for a hazardous materials Initial Site Assessment (ISA) was determined to be necessary consultants. This assessment was not included in the initial scope of work with AECOM Technical Services, Inc., in the original Agreement or in Amendment No. 1. On May 7, 2007, Amendment No. 2 in the amount of $8,000 was approved, authorizing AECOM Technical Services, Inc., to proceed with preparation of the ISA. Additionally, on August 6, 2007, Amendment No 3 was approved authorizing an additional $3,650 for the preparation of a hazardous material survey to determine G Updated:4/10/2012 by Robert Sepulveda 13 Packet Pg. 278. 1668 if asbestos was present at the site in order to meet Air Quality Management requirements. No Oasbestos was found at the site. On September 24, 2010, the City was advised by Cal-EMA that FEMA determined that the request for replacement funding for the bridge was denied because the replacement cost exceeded their 50 percent ruling, which requires that the cost of repairs exceed the 50 percent of the cost for replacement. FEMA denied the replacement request, but had approved a total of $500,001 toward the repair of the bridge. On April 4, 2011, Amendment No.4 to the Agreement in the amount of$160,793.44 with AECOM was approved, authorizing AECOM to proceed with design of the repair of the bridge. On February 23, 2012, AECOM advised the City that the California State Department of Fish and Game (CDFG) is requiring a bat emergence survey be conducted to determine if bats are nesting under the bridge. The requirement for this survey was not anticipated in AECOM's original proposal and the Consultant is requesting an additional $4,754.50 to cover the cost of the survey. The breakdown of funding for AECOM Technical Services, Inc. Agreement and Amendments is as follows: i I 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 $ 4,754.50 Total $427,735.88 © Adequate funding to cover the cost of this amendment in the amount of$4,754.50 is available in Updated:4/10/2012 by Robert Sepulveda B i 3 1668 the FY 11/12 CIP budget for Project No. SS07-14 (Account No. 242-160-5504-7671-0025)"Old Waterman Canyon Bridge Repair." The cost of the amendment will be reimbursed as follows: FEMA 75 percent and Cal EMA 25 percent. City Attorney Review: Supporting Documents: Old Waterman Cnyn Bride Photos (PDF) Reso 1668 (PDF) Agrmt 1668 (PDF) Attach 1 -AECOM_Waterman_BatSurvey_Cost_031412 (PDF) Updated:4/10/2012 by Robert Sepulveda B PacketRg��80..: l �y a� on gg ♦ aM tip` t M t a� R. _ 1 G J' u1l. �+ I / a� f�. � % � � I G � � � � � , �� � �t � � VV+ l\ /' ski ��� � �� 1 �' ,,,. �� � � � � ,, � i �: . . _.� , ; , ,: - - _: _ x �. ��� ,�, r s s"�- `r�'A' � . f e„ �Y . � i. . , I. :1. 3r / � �Oq I RESOLUTION NO. 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 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 ' SECTION 1. That the City Manager is authorized to execute Amendment No. 5 to d m 8 the Agreement with AECOM Technical Services, Inc., to provide Professional Engineering m 9 Services for the Design of Old Waterman Canyon Bridge Repair (SS07-14) (attached and � c 10 incorporated herein as Exhibit'W). 11 12 SECTION 2. This Amendment No. 5 shall not take effect or become operative until 3 13 fully signed and executed by the parties and no party shall be obligated hereunder until the o U 14 time of such full execution. No oral agreements, amendments, modifications or waivers are a S 15 Mended or authorized and shall not be implied from any act or course of conduct of any # 16 ply. a 17 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute 18 it within sixty(60)days of passage of the Resolution. 19 20 q d rc 21 /// m 22 //{ E u 23 24 25 26 27 28 /// RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING h✓ 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 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 5 and Common Council of the City of San Bernardino at a meeting 6 thereof,held on the day of 2012, by the following vote,to wit: a d 7 Council Members: AYES NAYS ABSTAIN ABSENT rn 8 MARQUEZ m' 9 T U 10 JENKINS E 11 VALDIVIA d A 3 12 SHORETT w E 13 KELLEY o — w C 14 a JOHNSON 3 15 MCCAMMACK 16 £ a 17 18 Georgeann Hanna 19 City Clerk 20 The foregoing Resolution is hereby approved this day of 2012. v 21 E 22 Patrick J. Morris,Mayor m 23 City of San Bernardino a 24 Approved as to form: 25 James F. Penman, 26 City Attorney 27 O 28 By &n.,l Packet Pg. 284 Exhibit iOA" © AMENDMENT NO.5 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL SERVICES is entered into this day of , 2012, by AECOM Technical Services,Inc. ("Consultano and the City of San Bernardino("City)." WITNESSETH: 'A n A. WHEREAS, on May 15, 2006, Resolution No. 2006-145 approving Agreement for m Professional Services with LAN Engineering Corporation, now known as AECOM :2 c Technical Services, Inc., to provide Engineering Services for the Design of Old c A Waterman Canyon Bridge Replacement (SS07-14) was adopted by the Mayor and £ m Common Council, and 3: `0 B. WHEREAS, on November 6, 2006, Resolution No. 2006-376 was adopted approving o U W Amendment No. 1 to Agreement for Professional Services for additional environmental a 0 (� 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 a Amendment No. 2 to Agreement for Professional Services authorizing an Initial Site o Assessment(ISA)for Old Waterman Canyon Bridge Replacement(SS07-14),and 0 D. WHEREAS, on August 6, 2007, Resolution No. 2007-316 was adopted approving d Amendment No. 3 to Agreement for Professional Services authorizing an asbestos survey T for Old Waterman Canyon Bridge Replacement(SS07-14), and m a E. WHEREAS, on April 4, 2011, Resolution No. 2011-079 was adopted approving c d Amendment No. 4 to Agreement for Professional Services authorizing AECOM to E m proceed with design of the repair of Old Waterman Canyon Bridge(SS07-14),and a 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 Packet Pg. 285. Exhibit"A" Amendment No.5 to Agreement for Professional Services—AECOM Technical Services,Inc. Page 2 of 4 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. a v NOW THEREFORE,the parties hereto agree as follows: d 2 a 1. Section 1 of said Agreement for Professional Services is amended to add that the m T Consultant shall provide professional services for design of the repair of Old Waterman E Canyon Bridge in accordance with Scope of Work proposal, dated March 14, 2012, A 3 (attached and incorporated herein as Attachment"I"). w 0 2. Section 5(A) of said Agreement for Professional Services is amended to add the w following paragraph: g The City shall also reimburse the Consultant for actual costs (including labor costs, E employee benefits, overhead, profit, other direct and indirect costs) incurred by the a m 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 `o An $41754.50. The following is a summary of the costs authorized to date for this project: E Descri tion Amount ¢ Original Agreement $224,621.00 Amendment No. 1 $25,916.94 E Amendment No. 2 $8,000.00 Amendment No. 3 $3 650.00 Amendment No. 4 $160,793.44 Amendment No. 5 this r uest $4,754.50 Totals $427,735.88 Packet Pg,266 ' Exhibit"A" Amendment No.5 to Agreement for Professional Services—AECOM Technical Services,Inc. Page 3 of 4 �r 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 m unchanged. d M` U c m E d m 3 `o 2 O U W Q O N it d E a 0 0 N d m E Ol Q L E E t U A Q PacketPg.287 S.H.c Exhibit"A" Amendment No.5 to Agreement for Professional Services—AECOM Technical Services,Inc. Page 4 of 4 CAMENDMENT NO. 5 TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF,the parties hereto have executed this Agreement on the date shown 0. below. " o! d rn v AECOM Technical Services,Inc. m T V C Date: by: E Signature 3 0 Print Name/Title 0 U W a CITY OF SAN BERNARDINO 8 N Date: by: E Charles E. McNeely a City Manager o ATTEST: 0 y d W Georgeann Hanna,City Clerk O, E m a Approved as to form: d E L James F. Penman U m City Attorney a By- �s Q 8 S.H.c..>',. ATTACHMENT"1" AOMMAECOM 8095793050 tsi 901VISP10muts 9095]939V f" 5s Flow OnWo,CA 91764 wwx.9amm.wm March 14,2012 .ia Michael Grubbs, P.E. n 0 Protect Manager, Public Works Department � City of San Bernardino 300 N. D Street San Bernardino, CA 92418 to c T U c m E Dear Mr. Grubbs, d m Waterman Canyon Bridge Rehabilitation—Bat Emergence Survey and Report o r_ The California Department of Fish and Game(CDFG)is responsible for issuing the City a permit to p 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 Q City's application for a Streambed Alteration Agreement for the bridge rehabilitation project,and has 8 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 d as roosting habitat for any type of bat species,and whether the proposed bridge rehabilitation project E would result in any impacts to roosting bat species. 10 Since the permit from the CDFG is required to move forward with the bridge rehabilitation project,it is 0 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. 0 .y Very truly yours, x Todd W. Dudley, P.E., S.E, E Senior Project Engineer Q C 9! Attachment: Cost estimate E U A Q PacketPg.28g- wa«I-Ilvlhllff7 } ! \ 4 ; ¥ y kk ; \ 0 # ! » | § ` � ) k � L ■ ; . % ! Mn 2 k . § § 2 ( « § . ! ƒaft /} k ■ \ } / }}} ] k § § � | c; § ) \ § \ { FPacket) \ ) mR ATTACHMENT"1„ S.H:d', M-. AECOM 9095793050 tel 901 Via Piemonte 909 579 3997 fax e Floor Ontario,CA 91794 W WV/.aemm WM C G Of d V March 14,2012 m` c Michael Grubbs, P.E. v Project Manager, Public Works Department c A City of San Bernardino E 300 N. D Street San Bernardino, CA 92418 3 `o 0 O U W Dear Mr. Grubbs, Q 0 Waterman Canyon Bridge Rehabilitation—Bat Emergence Survey and Report 9 The California Department of Fish and Game(CDFG) is responsible for issuing the City a permit to y perform the work of rehabilitating the Waterman Canyon Bridge. As you know,the Waterman E 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 a survey. The purpose of the investigations is to determine whether the bridge could potentially serve v as roosting habitat for any type of bat species, and whether the proposed bridge rehabilitation project o would result in any impacts to roosting bat species. 0 O Since the permit from the CDFG is required to move forward with the bridge rehabilitation project, it is ui 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. Z 3 N m m I Very truly yours, E d m Todd W. Dudley, P.E., S.E. �i Senior Project Engineer M U W Q Attachment: Cost estimate L U N Q C d E L O A Q Packet Pg.291 ' AT»m45" ? , ! \ { � \ ) ) 2 k ! k ) ! ] 2 00 � 2 � k } \ : / - � \co � � � ) k \ \ jf \ § R \ § E ( } $ ) \ } « e ���mb