HomeMy WebLinkAbout14- Development Services ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject: Resolution authorizing the
execution of Amendment No. 5 to Services
Dept: Development Services Agreement with AECOM (formerly LAN
Engineering) for Professional Civil
Date: January 26, 2010 Engineering Project Management Services
for management of the design of the Mt.
File: SSO4-12 Vernon Avenue Viaduct over the BNSF
Railroad(SSO4-12).
MCC Date: March 1, 2010
Synopsis of Previous Council Action:
10-20-08 Resolution No. 2008-405 adopted approving Amendment No. 4 to Services Agreement with
LAN Engineering Corporation for Project Management of the Mt. Vernon Avenue Viaduct
over the BNSF Railroad.
09-17-07 Resolution No. 2007-382 adopted approving Amendment No. 3 to Agreement with LAN
Engineering Corporation for Project Management of the Mt. Vernon Viaduct over BNSF
Railroad.
12-20-04 Resolution No. 2004-399 adopted approving Amendment No. 2 to Agreement with LAN
Engineering Corporation for Project Management of the Mt. Vernon Viaduct over BNSF
Railroad and Resolution No. 2004-400 adopted approving Amendment No. 1 with Jones &
Stokes for additional environmental services for the Mt. Vernon viaduct over the BNSF
Railroad.
07-06-04 Resolution No. 2004-215 adopted approving Amendment No. 1 to Agreement LAN
Engineering Corporation for Project Management of the Mt. Vernon Viaduct over BNSF
Railroad.
06-07-04 Resolution No. 2004-73 authorizing execution of Professional Services Agreement with LAN
Engineering Corporation for the Project Management of the Mt. Vernon Ave. Viaduct over the
BNSF railroad in the amount of$49,000.
12-01-03 Adopted resolution approving Professional Environmental Services Agreement with Myra L.
Frank and Associates for environmental services related to the Mt.Vernon Bridge Project.
Recommended Motion:
Adopt Resolution.
Valerie C. Ross
Contact person: Robert Eisenbeisz, City Engineer Phone: 5203
Staff Report, Resolution,
Supporting data attached: Agreement&Exhibit A Wards: 1 &3
FUNDING REQUIREMENTS: Amount: $ 30.800
Source: (Acct. No.) 242-362-5504-7121
Acct. Description: Mt. Vernon Grade Separation at BNSF (SSO4-12)
Finance:
Agenda Item No. 141
3-1-2610
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution authorizing the execution of Amendment No. 5 to Services Agreement with AECOM
(formerly LAN Engineering) for Professional Civil Engineering Project Management Services
for management of the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad
(SSO4-12).
Background:
Replacement of the Mt. Vernon Bridge, which was built in 1934, has been a high priority for the
City for at least 10 years. In 1997, Caltrans inspectors determined that the bridge had a
sufficiency rating less than 50 out of a possible 100. Bridges rated less than 50 are considered to
be structurally deficient and functionally obsolete. This rating does not mean the bridge is unsafe
for normal traffic; however, it does indicate that the bridge might be subject to failure in a
moderate earthquake.
On March 15, 2004, the Mayor and Common Council approved a Professional Services
Agreement with LAN Engineering in the amount of an additional $49,000 to compensate LAN
Engineering for an expanded role as Project Manager. LAN's assignment was to complete the
environmental review under the National Environment Policy Act (NEPA) and process the
environmental documents through Caltrans.
Concurrently with the retention of LAN Engineering, Myra L. Frank & Associates, Inc. (now
known as ICF/Jones & Stokes, Inc.) was retained to complete the environmental documents for
the project and assist LAN in processing them through Caltrans. Additionally, CNS Engineers, a
Structural Engineering firm, and Associated Engineers, Inc. were retained to complete a solid
team of environmental specialists, structural engineers and civil engineers.
On July 6, 2004, Amendment No. 1 to Services Agreement with LAN Engineering was
approved, increasing the contract amount by $74,918 for expanded project management duties.
These expanded duties consisted of studying the impacts of a new requirement by the BNSF
Railroad for two new sets of tracks to act as detour tracks during construction and to remain in
place after construction. This new requirement resulted in a need to lengthen the bridge by
approximately 250 feet in order to provide the required 24 feet of clearance over the new tracks.
This new requirement introduced a delay of about 6 months in the processing of this project and
required a rework of the NEPA documents that had been previously been submitted to Caltrans.
On December 20, 2004, Amendment No. 2 was approved in the amount of $55,700 to the
Agreement with LAN Engineering to assist the City through the environmental clearance process
(including responding to reviews by Caltrans and FHWA) and complete the preliminary
engineering (including bridge demolition and construction staging plans) for the project. Also,
additional services not previously known were needed to coordinate the new requirement by the
BNSF Railroad for two new sets of tracks to act as detour tracks during construction and to
remain in place after construction.
2
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
On September 17, 2007, Amendment No. 3 was approved in the amount of $92,100 to the
Agreement with LAN Engineering for additional work required due to the enactment of new
legislation requiring a Value Analysis (VA) for local projects receiving federal funds and
exceeding $20,000,000 in cost. VA's had previously been required only on internal Caltrans
projects; however, this new legislation expanded the requirement to local projects receiving
federal funds. The format and content are set by Caltrans and generally provides for an
independent look at the project to assure that a better alternative has not been overlooked. LAN
Engineering retained the specialized firm of Value Management Strategies and the Value
Analysis was completed in April of 2008. BNSF's structural design group had requested that
alternative staging be studied, which was not included in LAN's original Agreement or previous
Amendments.
The bridge was shored at the request of Caltrans in 2004 and, with the shoring in place, is
deemed safe for use by passenger cars and light trucks. A cul-de-sac has been constructed at the
intersection of 4d' Street and Mt. Vernon Avenue in part to discourage trucks from the BNSF
yard from crossing the bridge.
On September 2, 2008, Ordinance No. MC-1283 was adopted amending San Bernardino
Municipal Code Section 10.24.190(a) prohibiting all commercial vehicles except for commercial
pickup trucks, vans, and passenger cars on Mt. Vernon Avenue between 5d' Street and 2nd Street
(Mt. Vernon Avenue bridge). This action was taken to slow the deterioration of the bridge, which
had been occurring due to heavy truck loads.
On October 20, 2008, Amendment No. 4, the Agreement with LAN Engineering was approved
for an additional fee of $40,740 to continue project management and support services through
approval of the environmental document. LAN Engineering indicated that revisions to the
staging/scheduling plans have been necessary to reflect comments from the Value Analysis
study. LAN was also requested to facilitate monthly Project Development Team(PDT)meetings
with Caltrans in order to expedite the approval process and maintain the project schedule.
On August 31, 2009, the City received a letter from LAN Engineering Corporation stating that it
had merged with AECOM Technology Corporation effective August 28, 2009. Subsequent to
the merger, the name LAN Engineering Corporation was discontinued and the firm is now
known simply as AECOM. Staff has been advised that the San Bernardino office of AECOM
will remain open.
On January 26, 2010, AECOM submitted a request for $30,800 to compensate the fum for
unforeseen costs resulting from the lengthy processing through Caltrans. Although AECOM has
diligently pursued processing the environmental document, processing through Caltrans has
taken far longer that could have been reasonably expected. Staff feels the additional fee is fair
and recommends approval of an amendment to AECOM's Agreement. Much groundwork has
been performed up to this point and it is critical that the current project management team be
kept together.
3
CITY OF SAN BERNARDINO-REQUEST FOR COUNCIL ACTION
STAFF REPORT—Continued
The environmental documents for the bridge replacement project are expected to be certified in
July of 2010, and start of construction is expected by January 2012. Approval of this
Amendment will allow AECOM to continue the monthly project development team meetings,
which are critical to the success of the project. A concerted and well-coordinated effort by the
City, AECOM and Caltrans will be required to meet the above schedule.
The revised estimated total cost of the project is approximately $40,696,250 of which 88.53%
will be reimbursable from the Federal Highway Administration (FHWA) under the Highway
Bridge Program (HBP). Staff estimates that the matching share of the cost to qualify for HBP
funding will be $4,667,900 (11.47% of the bridge cost). BNSF's fair share of the cost could be
as high as 10% of the bridge cost or $4,069,700. Additional identified sources of funding are
development impact fees, Proposition 1B, and the Measure I—Local Streets Program.
Financial Impact:
88.53%percent of the cost of these Amendments to Agreements with AECOM and ICF/Jones &
Stokes, Inc. will be reimbursable from a combination of Highway Bridge Program (HBP) funds
and Seismic Retrofit Funds, subject to the City providing the 11.47%percent matching funds.
The following is a summary of costs for the subject Agreement with LAN Engineering:
• Purchase Order for Project Management Services . . . . . . . . . . . . . .. . $ 24,650.00
• Agreement for Project Services approved by MCC . . . . . . . . . . . . . .. . 49,000.00
• Amendment No. 1 to Agreement for Professional Services . . . . . . . . . . 74,918.00
• Amendment No. 2 to Agreement for Professional Services . . . . . . . . . . 55,700.00
• Amendment No. 3 to Agreement for Professional Services . . . . . . . . . . 92,100.00
• Amendment No. 4 to Agreement for Professional Services . . . . . . . . . . 40,740.00
• Amendment No. 5 to Agreement for Professional Services . . . . . . . . . . 30.800.00
Grand Total. . . . . . . . . . . . $ 367,908.00
Sufficient funds are available in the FY 09/10 Budget under Account No. 242-362-5504-7121
"SSO4-12 Mt. Vernon Bridge."
Recommendation:
Adopt Resolution.
Attachments:
"1"—Resolution
"2"—Amendment No. 5, including Letter from LAN Engineering (dated—1/26/10).
4
1 RESOLUTION NO. C 00py
2 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
AVE. VIADUCT OVER THE BNSF RAILROAD.
5
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
6 OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. That the City Manager is authorized to execute Amendment No. 4 to the
8
9 Services Agreement with AECOM (formerly LAN Engineering Corporation) for provision of
10 professional project management services for the design of the Mt. Vernon Avenue Viaduct over
11 the BNSF Railroad (attached and incorporated herein as Exhibit "A").
12 SECTION 2. That the Director of Finance is authorized to increase the purchase order in
13 a total amount not to exceed $30,800.
14 SECTION 3. This Amendment No. 5 shall not take effect or become operative until
15
16 fully signed and executed by the parties and no party shall be obligated hereunder until the time
17 of such full execution. No oral agreements, amendments, modifications or waivers are intended
18 or authorized and shall not be implied from any act or course of conduct of any party.
19 SECTION 4. This resolution is rescinded if the parties to the contract fail to execute it
20 within sixty(60) days of passage of the resolution.
21
22
23
24
25
26
27
28
- 1 -
1 RESOLUTION ... APPROVING AMENDMENT NO. 5 TO SERVICES
2 AGREEMENT WITH AECOM (FORMERLY LAN ENGINEERING CORPORATION)
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 resolution was duly adopted by the Mayor and
5 Common Council of the City of San Bernardino at a meeting thereof, held
6 on the day of 2010, by the following vote, to wit:
7 Council Members: AYES NAYS ABSTAIN ABSENT
8
9 MARQUEZ
10 DESJARDINS
11 BRINKER
12 DERRY
13 KELLEY
14 JOHNSON
15
MC CAMMACK
16
17
18 City Clerk
19 The foregoing resolution is hereby approved this day of 2010.
20
21 Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
26
27 aq�_a
28
- 2 -
Exhibit"A"
AMENDMENT NO. 5 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this day of 2010, between
AECOM (formerly Lim & Nascimento (LAN) Engineering Corporation) ("Contractor") and the
CITY OF SAN BERNARDINO ("City)".
WITNESSETH:
A. WHEREAS, on March 15, 2004, the 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. 1 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; 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 Avenue
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 Avenue
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. 1, 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,
low, G. WHEREAS, Contractor has provided the most advantageous and best proposal
c4✓✓ for the provision of said additional services.
Exhibit"A"
Amendment No.5 to Services Agreement—AECOM(Lim&Nascimento Engineering Corporation)
Page 2 of 3
NOW THEREFORE, the parties hereto agree as follows:
1. 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 over the BNSF Railroad, in accordance with the attached
proposal from Contractor, dated January 26, 2010, 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 Agreement . . . . . . . . .. . . . . . 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-exceed 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, 2010, unless earlier terminated as provided in
said Services Agreement, as amended.
4. All other terms and conditions of the original Services Agreement, Amendment No. 1,
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.
Exhibit"A"
Amendment No.5 to Services Agreement—AECOM(Lim&Nascimento Engineering Corporation)
Page 3 of 3
AMENDMENT NO. 5 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
AECOM
Date: by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Date: by:
Charles E. McNeely
City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
JAMES F. PENMAN,
City ey
ATTACHMENT"A"
I
AECOM
Tuesday, January 26, 2010
Mr. Robert Eisenbeisz
City Engineer
City of San Bernardino
300 N. "D" 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 Management/Coordination 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 T 949768.8888
Lake Forest,Califomia 92630 wvtiv.aecom com F 949.768.5912
ATTACHMENT "A"
AECOM
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 Management/Coordination
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 - Meetings
Schedule, hold, and lead project team meetings as needed.
Task 3 - Environmental Project Manaaement/Coordination
t
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 Hrs Rate/Hr Subtotal
Alicia Coiburn 280 $110.00 $ 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 T 949.768.8888
Lake Forest,California 92630 vvmv.aecom.com F 949.768.5912
ATTACHMENT "A"
AECOM
If you have any questions or wish to discuss this in greater detail, please feel free to
contact me at (949) 357-9015
Sincerely,
AEC/O/M/LAN Engineering Corp.
L�_ _ /�7�/t�stoGvrcrtJ o
G. J. William N/ascimento, PE, SE
GJN/gjn
20 Empire Drive T 949.768.8888
Lake Forest,California 92630 vmv.aecom.com F 949.768.5912