HomeMy WebLinkAbout2012-252 RESOLUTION NO. 9019-252
1
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. 6 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. 6 to
7
8 the Agreement with AECOM Technical Services, Inc., to provide Professional Engineering
9 Services for the Design of Old Waterman Canyon Bridge Repair (SS07-14) (attached and
10 incorporated herein as Exhibit"A").
11 SECTION 2. This Amendment No. 6 shall not take effect or become operative until
12
fully signed and executed by the parties and no party shall be obligated hereunder until the
13
14 time of such full execution. No oral agreements, amendments, modifications or waivers are
15 intended or authorized and shall not be implied from any act or course of conduct of any
16 party.
17
18 SECTION 3. The authorization to execute Amendment No. 6 is rescinded if the
19 parties to the contract fail to execute it within sixty (60) days of passage of this resolution.
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2012-252
1 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. 6 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 joint regular meeting
6 thereof, held on the 15thday of October , 2012, by the following vote, to wit:
7
Council Members: AYES NAYS ABSTAIN ABSENT
8
MARQUEZ x
9
10 JENKINS x
11 VALDIVIA x
12 SHORETT X
13 KELLEY x
14
JOHNSON x
15
16 MCCAMMACK x
17
18 :- .•<y u Hanna,/ ity Clerk
19 The foregoing Resolution is hereby approved this (1, day of October , 2012.
20
21
P; J. Morris, a,.
22 Ci e San Bernardino
23
Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26
27 /
28
2012-252
Exhibit "A"
AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL
SERVICES is entered into this 15th day of October , 2012, AECOM Technical Services,
Inc. ("Consultant") and the City of San Bernardino ("City)."
WITNESSETH:
A. WHEREAS, on May 15, 2006, Resolution No. 2006-145 was adopted 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), 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 approving
Amendment No. 4 to Agreement for Professional Services authorizing Consultant to
proceed with design of the repair of Old Waterman Canyon Bridge (SS07-14), and
F. WHEREAS, on April 16, 2012, Resolution No. 2012-135 was adopted approving
Amendment No. 5 to Agreement for Professional Services authorizing Consultant to
perform a Bat Emergency Survey for Old Waterman Canyon Bridge (SS07-14), and
2012-252
Exhibit"A"
Amendment No. 6 to Agreement for Professional Services—AECOM Technical Services,Inc.
Page 2 of 4
G. WHEREAS, on September 7, 2012, Consultant submitted a request for Amendment No.
6 to Agreement for Professional Services authorizing ICF Jones & Stokes, Inc., to
perform additional regulatory and biological services required by the California
Department of Fish and Game (CDFG) for Old Waterman Canyon Bridge (SS07-14) at
an additional cost of$75,195.06, and
H. 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 additional regulatory and biological services for the design of
the repair of Old Waterman Canyon Bridge in accordance with Scope of Work proposed
by ICF Jones & Stokes, Inc., dated September 7, 2012, (attached and incorporated herein
as Attachment"1").
2. Section 2 of said Agreement for Professional Services is amended to extend the term to
December 31, 2013.
3. 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 additional regulatory and biological services involved
in designing the repair of Old Waterman Canyon Bridge as identified in the Cost
Estimate, attached and incorporated herein as Attachment "2", in an amount not to
exceed $75,195.06.
The following is a summary of the costs authorized to date for this project:
2012-252
Exhibit"A"
Amendment No. 6 to Agreement for Professional Services—AECOM Technical Services, Inc.
Page 3 of 4
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
Amendment No. 6 (this request) $75,175.06
Totals $502,910.94
4. All other terms and conditions of said Agreement for Professional Services, Amendment
No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5
as approved by Resolution Nos. 2006-145, 2006-376, 2007-135, 2007-316, 2011-079 and
2012-135 shall remain unchanged.
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2012-252
Exhibit"A"
Amendment No. 6 to Agreement for Professional Services—AECOM Technical Services, Inc.
Page 4 of 4
AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
AECOM Technical Services, Inc.
Date: IV v� '
L by: 11),(\jNAZN—g -
Signatur "
( verd Uwe- tip►( - 1)�FSt p �
Print N me/Title
CITY OF SAN BERNARDINO
Date: ( 0 - Z - ( Z by: --12� a � �(�l�t,
ril
Andrea Travis-Miller
Acting City Manager
Approved as to form:
James F. Penman
City Attorney
By I • '
- • _ 2012-252
ATTACHMENT "1"
ICF
INTERNATIONAL
September 7,2012
Todd Dudley,P.E.,S.E.
AECOM
2020 L Street,Suite 300
Sacramento,CA 95811
Subject: Proposal for Additional Regulatory and Biological Services
Old Waterman Canyon Road Bridge Rehabilitation Project
Dear Mr.Dudley,
ICF Jones&Stokes,Inc.(an ICF International company hereafter referred to as"ICF")is pleased to
provide the attached proposal to provide additional regulatory and biological services to AECOM on
the Old Waterman Canyon Road Bridge Rehabilitation Project for the City of San Bernardino. ICF is
currently working on the abovementioned project on coordination with the relevant regulatory
agencies and conducting the necessary biological surveys.
The proposed project consists of repairing the existing bridge on Old Waterman Canyon Road.
Specifically,the project is limited to the repair of existing girders and abutments of the bridge,
backfilling the void under the existing drop structure downstream of the bridge,and the installation
of concrete rock slope protection along the north and south embankment downstream of the bridge.
In addition,the existing temporary railing(type k)along the bridge edges will be removed and
replaced with new cast-in-place reinforced concrete bridge railing,and a new metal beam guard
railing will be constructed on the roadway approaches to the bridge. As such activities would result
in temporary and permanent impacts to the creek,permits had to be obtained from the U.S.Army
Corps of Engineers(USACE),Regional Water Quality Control Board(RWQCB),and the California
Department of Fish and Game(CDFG),and informal consultation was conducted by the USACE with
the U.S,Fish and Wildlife Service. Furthermore,the timeline for the project had been driven by a
funding agreement with the Federal Emergency Management Agency which expires in mid-October
2012.
At this time,the RWQCB has issued a Clean Water Act Section 401 Water Quality Standards
Certification,Project No.362011-27,(401 Certification)and CDFG has issued a Streambed
Alteration Agreement,Notification No. 1600-2011-0277-R6(Rev 1) (CDFG Agreement). The Clean
Water Act Section 404 Nationwide Permit Authorization(404 Authorization)has not yet been
issued by the USACE and is expected within the next week. Therefore,the attached scope of work
and cost estimate reflect the requirements of the 401 Certification and the CDFG Agreement.
It is our understanding that the proposed project schedule has been revised so that work is expected
to begin in late February or March 2013 and continue through May or June 2013. It should be noted
that the nesting bird season begins February 15 and the recognized bat breeding season begins
1 Ada Parkway,Suite 100 Irvine,CA 92618 949.333.6600 949333.6601 fax �— icfi.com
2012-252
Todd Dudley
Page 2 of 6
March 1. So if construction commences after February 15 then nesting bird surveys will be required
and if it commences after March 1 then bat surveys would also be required. This scope assumes that
both nesting bird and bat surveys will be required.
The attached scope of work and cost estimate are limited to those tasks explicitly described and no
other tasks or activities are assumed. The scope of work and cost estimate are based on the
following assumptions:
• Any conditions or requirements included in the 404 Authorization to be issued by the
USACE are not included unless they duplicate exactly conditions already issued by the
RWQCB or CDFG.If additional effort is required based on requirements included in the 404
Authorization then a scope and cost for that effort will be submitted to AECOM for approval
prior to conducting that work.
• This scope of work and cost estimate does not include additional surveys for least Bell's
vireo,southwest willow flycatcher,or any other species not specifically described. It should
be noted that if construction activities do not begin until after the nesting season has started
(February 15),the USACE and/or USFWS may require an additional set of focused surveys
for least Bell's vireo and southwest willow flycatcher,which generally run from mid-April to
mid-July.
• No work will take place at night.
• The bridge exclusionary devices will be installed prior to the initiation of the nesting season.
• The Riverside-Corona Resource Conservation District(RCRCD)who performed the initial
fish/amphibian survey and are already contracted to perform the pre-construction survey,
would also be contracted to conduct rescue and relocation activities in conjunction with the
water diversion and/or dewatering activities. However,the RCRCD was not available to
provide costs at the time this proposal was prepared;therefore,ICF has developed a
reasonable estimate of the rescue/relocation activities. Should the cost obtained from the
RCRCD for the rescue/relocation activities exceed or result in a reduction to the estimate
provided,a separate scope and budget will be provided.
• The two mitigation options provided by CDFG are making a one-time contribution to the
SAWA In-Lieu Fee Program or conducting onsite enhancement once per year for three years,
plus an annual report. In the 401 Certification,the RWQCB requires a one-time onsite
enhancement for mitigation.For the purposes of this scope,ICF has included costs for
conducting the monitoring and reporting for the three year onsite enhancement. If the City
determines that a one-time payment to SAWA would be preferred,it should be noted that
the 401 Certification would need to be amended to allow for that option and that the 404
Authorization(forthcoming) may also need to be amended for that option. Coordination
with the agencies on any amendments of existing or forthcoming permits has not been
included as part of this scope of work.
• It should be noted that because work is anticipated to take place during the nesting season,
if nesting birds are found in the vicinity of the project,steps to avoid impacts to those nests,
Scope of Work 2 September 7,2012
2012-252
Todd Dudley
Page 3 of 6
including buffers and stopping work,will need to be implemented and the project could be
delayed. Should the project be delayed due to the presence of nesting birds,tasks in this
scope of work may need to be modified or replaced or supplemented and a separate scope
of work would be provided at that time.
The proposed cost for this scope of work is$75,195. Please see the attached cost estimate for
details on staff and hours. If you have any questions on this information,please contact Megan
Jameson at(949)333-6633 or megan.jameson @icfi.com. Thank you for the opportunity to provide
this proposal. We look forward to continuing to work with you on this project.
Sincerely,
Brian Calvert
Principal
Attachments Scope of Work
Schedule
Cost Estimate
Scope of Work September 7,2012
3
2012-252
Attachment A
Scope of Work
Pre-Construction Phase
Task 1: CDFG Agreement Extension
As discussed above,CDFG issued a Streambed Alteration Agreement for the proposed project. This
CDFG Agreement expires on November 1,2012. ICF will submit a Request to Extend Lake or
Streambed Alteration Agreement and the required fee to extend the approved work period. The
required fee for the Extension Request is$224 and has been included in the attached cost estimate.
If CDFG determines that the CDFG Agreement needs to be amended instead of extended,any work
and costs pertaining to that work has not been included in this scope of work or cost estimate.
Task 2: Fish/Amphibian Rescue and Relocation Plan
ICF will prepare a plan that details how fish and/or amphibians stranded by the water diversion or
dewatering activities will be rescued and relocated. The plan will be submitted to AECOM for
review and discussion and submitted to CDFG for approval upon agreement by AECOM and the City
of San Bernardino on the proposed measures.
Task 3: Monitoring of Installation of Bird and Bat Bridge Exclusionary Devices
As required in Condition 2.6 of the CDFG Agreement,exclusionary devices designed to prevent birds
and bats from utilizing bridges shall be installed prior to the initiation of the nesting season
(February 15). A qualified ICF biologist who has been approved by CDFG will monitor the
installation of the exclusionary devices. ICF assumes that these devices will be installed prior to the
nesting season(before February 15);should the devices be installed after the nesting season has
begun,a pre-construction nesting bird survey would be required. A separate scope and budget for
that survey will be provided if deemed necessary.
Upon completion of the installation,a short letter report documenting the installation and including
before and after photographs will be prepared and submitted to AECOM for review and approval
and then submitted to the relevant agencies.
For budgeting purposes,ICF has assumed three(3)days(10 hours each)for monitoring plus an
additional 5 hours for the letter report.
Task 4: Pre-Construction Nesting Bird Survey
If project construction cannot be avoided during the nesting season(February 15),per Condition 2.7
of the CDFG Agreement,a qualified biologist will conduct a nesting survey in all potential nesting
vegetation for both diurnal and nocturnal species within the project site prior to the initiation of any
project activities. A qualified ICF biologist will be conduct a survey once a day for five days at the
Scope of Work 5 August 3,2012
2012-252
appropriate time of day during the breeding season;the surveys shall end no more than three days
prior to the initiation of vegetation removal and/or disturbance.
ICF will prepare a report documenting the surveys and findings that will be submitted to AECOM for
review and approval and then to CDFG for review and concurrence prior to the initiation of project
activities.If no nesting birds were observed and CDFG provides concurrence,then project activities
may begin.
If an active bird nest is located or a threatened or endangered species is observed in the area,
activities will be conducted in accordance with Condition 2.7 of the CDFG Agreement.
Task 5: Pre-Construction Bat Survey
Prior to the initiation of construction,a bat survey will be conducted by a qualified,CDFG-approved
biologist in accordance with Condition 2.5 of the CDFG Agreement.Upon completion of the bat
survey,ICF will prepare a letter report documenting the survey and the findings. The draft report
will be submitted to AECOM for review and approval and submitted to CDFG prior to the initiation of
any project activities.
Construction Phase
Task 6: Biological Monitoring
A qualified biologist will conduct biological monitoring of all activities that result in the clearing of
sensitive habitat as well as grading,excavation,and/or other ground-disturbing activities in
jurisdictional areas. Because the project activities could also begin or extend into the nesting
season,the biological monitor will also conduct nesting bird surveys as part of their biological
monitoring as necessary and appropriate. This task does not include additional stand-alone nesting
bird surveys that meet the requirements of Condition 2.7 of the CDFG Agreement. One pre-
construction survey meeting those requirements was included as Task 4,above. Upon completion of
the biological monitoring a short memo documenting the monitoring and any results would be
prepared and provided to AECOM for their files,and the regulatory agencies as appropriate.
For this task,we have assumed 20 days(10-hour days)of biological monitoring. If additional
monitoring is needed,we will notify AECOM and the City an additional scope and budget will be
prepared or that time will be billed on a time and materials basis.
Post Construction Phase
Task 7:Temporary Impact Restoration Monitoring and Report
Within 30 days of project completion,the City is required to restore all temporary impact areas by
re-contouring to pre-impact grade and replanting the temporary impact areas with appropriate
native species. ICF will monitor the restoration activities and prepare a report documenting the
Scope of Work 2 September 7,2012
2012-252
restoration effort in accordance with Condition 3.2 of the CDFG Agreement. The report will be
submitted to AECOM for review and will be submitted to CDFG within 90 days of project completion.
For budgeting purposes,ICF has assumed 30 hours to monitor the restoration and prepare the
report.
Task 8: Onsite Habitat Enhancement Monitoring
A qualified ICF biologist or restoration specialist will oversee a crew to be provided by AECOM(or
City of San Bernardino)that will conduct habitat enhancement activities once a year for three years
(3 visits total)following the completion of project activities. The habitat enhancement will take
place within 0.10 acre of streambed and riparian habitat and will consist of the removal of non-
native species,trash and debris within and adjacent to the project site. An annual report will be
prepared by ICF in accordance with Condition 3.1 a)of the CDFG Agreement and the 401
Certification. A total of three annual monitoring reports will be prepared. Each draft report will be
submitted to AECOM for review and submitted to CDFG. The first report is due to CDFG no later
than March 1,2014.
If the enhancement is not accepted by the resource agencies at the end of the year period and
additional monitoring or enhancement activity is required then a scope and cost for this work will
be provided to AECOM and the City for this effort.
General
Task 9:Agency Coordination
ICF will continue to coordinate with AECOM and resource agencies(USACE,RWQCB and CDFG).
Such coordination may include telephone,email,written communication,or meetings,and
coordination with AECOM to provide the resource agencies with project information. While two of
the agency permits have already been obtained,because of the delayed project schedule and
biological resources in the project area,ongoing coordination with the regulatory agencies is
anticipated.
For budget purposes this scope includes 40 hours of agency coordination,This scope represents our
anticipated level of coordination necessary for this project. Should additional coordination with
agencies be necessary,ICF will prepare an additional scope of work to continue assisting AECOM
and the City with agency coordination.
Schedule
Work will begin immediately on receipt of the authorization to proceed as appropriate.
Scope of Work 3 September 7,2012
2012-252
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2012-252
Exhibit "A"
AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL
SERVICES is entered into this 15th day of October , 2012, AECOM Technical Services,
Inc. ("Consultant") and the City of San Bernardino ("City)."
WITNESSETH:
A. WHEREAS, on May 15, 2006, Resolution No. 2006-145 was adopted 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), 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 (S507-14), 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 approving
Amendment No. 4 to Agreement for Professional Services authorizing Consultant to
proceed with design of the repair of Old Waterman Canyon Bridge (SS07-14), and
F. WHEREAS, on April 16, 2012, Resolution No. 2012-135 was adopted approving
Amendment No. 5 to Agreement for Professional Services authorizing Consultant to
perform a Bat Emergency Survey for Old Waterman Canyon Bridge (SS07-14), and
2012-252
Exhibit "A"
Amendment No. 6 to Agreement for Professional Services—AECOM Technical Services, Inc.
Page 2 of 4
G. WHEREAS, on September 7, 2012, Consultant submitted a request for Amendment No.
6 to Agreement for Professional Services authorizing ICF Jones & Stokes, Inc., to
perform additional regulatory and biological services required by the California
Department of Fish and Game (CDFG) for Old Waterman Canyon Bridge (SS07-14) at
an additional cost of$75,195.06, and
H. 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 additional regulatory and biological services for the design of
the repair of Old Waterman Canyon Bridge in accordance with Scope of Work proposed
by ICF Jones & Stokes, Inc., dated September 7, 2012, (attached and incorporated herein
as Attachment"1").
2. Section 2 of said Agreement for Professional Services is amended to extend the term to
December 31, 2013.
3. 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 additional regulatory and biological services involved
in designing the repair of Old Waterman Canyon Bridge as identified in the Cost
Estimate, attached and incorporated herein as Attachment "2", in an amount not to
exceed $75,195.06.
The following is a summary of the costs authorized to date for this project:
2012-252
Exhibit "A"
Amendment No.6 to Agreement for Professional Services—AECOM Technical Services, Inc.
Page 3 of 4
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
Amendment No. 6 (this request) $75,175.06
Totals $502,910.94
4. All other terms and conditions of said Agreement for Professional Services, Amendment
No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4 and Amendment No. 5
as approved by Resolution Nos. 2006-145, 2006-376, 2007-135, 2007-316, 2011-079 and
2012-135 shall remain unchanged.
///
///
2012-252
Exhibit "A"
Amendment No. 6 to Agreement for Professional Services—AECOM Technical Services, Inc.
Page 4 of 4
AMENDMENT NO. 6 TO AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
AECOM Technical Services, Inc.
Date: by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Date: by:
Andrea Travis-Miller
Acting City Manager
Approved as to form:
James F. Penman
City Attorney
By: