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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 The authorization to execute Amendment No. 6 is rescinded if the 19 parties to the contract fail to execute it within sixty (60) days of passage of this resolution. 20 /// 21 /// 22 23 /// 24 25 26 27 28 2012-252 1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. /// /// 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. 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("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: