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HomeMy WebLinkAbout2019-019Resolution No. 2019-19 RESOLUTION NO. 2019-19 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO.2 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE 2' STREET BRIDGE REPLACEMENT AT WARM CREEK (SS13-001) WHEREAS, on June 16, 2014, an Agreement with Tetra Tech in the amount of $470,790 for the design and environmental work for the 2nd Street Bridge replacement at Warm Creek (SS13-001) was approved; and WHEREAS, on December 5, 2016, a mitigated negative declaration under the California Environmental Quality Act was adopted and on April 4, 2017 Caltrans approved a Categorical Exclusion under the National Environment Policy Act; and WHEREAS, on May 16, 2018, the Mayor and City Council adopted Resolution No. 2018-139 approving Amendment No. 1 to the Agreement for Services with Tetra Tech for design of the 2nd Street Bridge replacement at Warm Creek (SS13-001);and WHEREAS, consultant services are needed to completed work on the design of the 2nd Street Bridge replacement at Warm Creek (SS13-001); and WHEREAS, consultant has submitted a proposal dated December 20, 2018 to provide the necessary services to complete project. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager or designee is hereby authorized and directed to execute Amendment No. 2 to the Agreement for Services with Tetra Tech for design of 2nd Street Bridge replacement at Warm Creek, Federal Aid Project No. BRLS-5033(052), Capital Improvement Project No. SS 13-001, Bridge No. 54C-0411, a copy of which is attached as Exhibit "A" and incorporated herein. SECTION 3. This Amendment shall not take effect until it is fully signed and executed by the parties, and no party shall be obligated hereunder until the time of such full execution. No oral contracts, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 4. The authorization to execute this Amendment No. 2 is rescinded if the parties to the Agreement fail to execute it and return it to the office of the City Clerk within ninety (90) days of the passage of this Resolution. Resolution No. 2019-19 SECTION 5. That the City Council finds a mitigated negative declaration under the California Environmental Quality Act was adopted for this project on April 4, 2017 and Caltrans approved a Categorical Exclusion under the National Environment Policy Act. SECTION 6. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 7. Effective Date. This Resolution shall b ome effective immediately. APPROVED and ADOPTED by theCity un ' nd igned by the Mayor and attested by the City Clerk this 6 h day of February 2019. John Valivia, Mayor City of San Bernardino Attest: i Georgeann Uanna, MMC, City Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-19 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-19 adopted at a regular meeting held at the 6a` day of February 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ VACANT SHORETT x NICKEL �( RICHARD x MULVIHILL X WITNESS my hand and official seal of the City of San Bernardino this 6h day of February 2019. Georgeai�janna,1 M,City Clerk EXHIBIT "A" AMENDMENT NO.2 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE 2ND STREET BRIDGE REPLACEMENT AT WARM CREEK. This AMENDMENT is made and entered into this 6th day of February 2019 by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "City" and TETRA TECH, hereinafter referred to as "Consultant." WITNESSETH: A. WHEREAS, on June 16, 2014 the Mayor and City Council adopted Resolution No. 2014-234 awarding an Agreement to Tetra Tech for the design of bridge replacement at 2nd Street and Warm Creek Federal Aid Project No. BRLS-5033(052), Capital Improvement Project No. SS 13-001, Bridge No. 54C-0411 (Project); and B. WHEREAS, on December 5, 2016 the Mayor and City Council approved Resolution No. 2016-247 adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program(N&W) and authorizing the Director of Community Development or Designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the Second Street Bridge Replacement Project, Bridge #54C-0411; and C. WHEREAS, on May 16, 2018, the Mayor and City Council adopted Resolution No. 2018-139 approving Amendment No. 1 to the Agreement for Services with Tetra Tech for design of the 2nd Street Bridge replacement at Warm Creek (SS13- 001);and D. WHEREAS, based on the Amendment No. 1, the expiration date of the Agreement for Services was established as December 31, 2018; and E. WHEREAS, the Project is continuing and the services of the Consultant will be needed through December 31, 2020; and F. WHEREAS, the Consultant has submitted a proposal by letter dated December 20, 2018, attached hereto as Attachment A, concurring with extending the expiration date of the Agreement to December 31, 2020 and requesting additional fees. NOW THEREFORE, the parties hereto agree as follows: 1. Section 4.1 "Term" of said Agreement for Services is hereby amended to extend the term of this Agreement to December 31, 2020, unless terminated sooner as provided herein. M! Amendment No. 2 to Agreement for Services with Tetra Tech. 2. Section 2.6 "Compensation" of Agreement for Professional Services is hereby amended as follows: Original Contract Amount $470,790.00 Amendment No. 1 $0.00 Amendment No. 2 `97,239.00 Revised Contract Amount $568,029.00 3. All other terms and conditions of said Agreement for Services, as amended, � 3 p Elroved by Resolution Nos. 2014-234, 2016-247 and 2018-139 shat I remain unchanged. -2- Amendment No. 2 to Agreement for Services with Tetra Tech. AMENDMENT NO.2 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE 2ND STREET BRIDGE REPLACEMENT AT WARM CREEK (SS13-001). IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first shown above. CITY OF S.Ai 13ERNARDINO TETRA TECH By: By. Andrea M. Miller, City Manager Signature ATTEST: -Georgeann Jdanna, M 1 City Clerk Approved as to form: Gary D. Saenz City Attorney N -3- Print Name/Title TETRA T CAH ATTACHMENT "A" December 20, 2018 Michael Grubbs, MS, PE PwJedM=W City of San Bernardino Public Wodm Department 201 N. E St., 2nd Floor San Bernardino, CA 92401 Reference: Design Support Services During Construction for 2°d Street Bridge Replacement Dear Mr. Grubbs: Tetra Tech hereby submits Amendment Request No. l to continue providing design support services for the 2°d Street Bridge Replacement Project. The additional work includes the following: Task 1: Schedule Extension $4,060 Tetra Tech has been requested to provide professional services, including project management and subconsultant coordination, well beyond the initial schedule. We estimate that the project is approximately two years past the initial contract schedule. Periodically, our team has had to continue providing services to assist the City to obtain approvals from various agencies and stakeholders. This effort equates to approximately one hour of project management for an additional six months. Task 2: Additional Biological Services $11,611 As part of the environmental permits required for the project, The Army Corps has requested a biological memorandum. Tetra Tech subconsultant GPA has provided a scope and fee for the biological memorandum and continued regulatory permitting services of the project, which is attached to this proposal. Task 3: Final PS&E Revisions $6,641 The City has previously stated that there aro comments on the Final PS&E package submitted to the City in August 2018. Once the comments are received, the Tetra Tech team will review and respond to the comments in writing. Revisions to the plans, if necessary, will be made with a total of 56 labor hours budgeted for this task. Task 4: Design Support during Bid and Award $5,240 During Bid and Award phase, the Tetra Tech team will provide support to the City to answer Requests for Information (RFIs) from potential bidders. It is anticipated there will be five (5) RFIs with a total of 15 labor hours. Tetra Tech Inc. 350 South Grand Avenue, Suite 3310, los Angeles, CA 90071 Tel 213-279-3283 www.tetratechxom Michael Grubbs December 20, 2018 Page 2 Task 5; Design Support During Construction $69,697 Tetra Tech will provide engineering support during construction activities. Construction management, construction contract administration, inspection, and testing will be performed by others. Services will be provided to support the plans and specifications prepared by the Tetra Tech team. Project Management The Tetra Tech team will provide a Design Support during Construction Technical Task Leader who will coordinate with the Project Manager to insure he is up to date on all construction activities. Monthly progress reports, including Expenditure Report, will be prepared for the duration of construction. A total of 52 labor hours are budgeted for this task. Attend Construction Meeting Tetra Tech will attend a one -day pre -construction conference to be held with the successful construction contractor, City personnel, and other relevant personnel. The Tetra Tech team, comprising the Project Manager and Construction Observer will take notes and produce meeting minutes, as appropriate, to be provided to the City for distribution. Weekly construction progress meetings will be attended via teleconference. Shop Drawing Submittal Review Tetra Tech will review shop and work drawings of fabricated and manufactured equipment forwarded by the City, for substantial conformity with the intent of the contract documents. Twenty (20) calendar days are scheduled from receipt by the team to date of return of the reviewed submittal copies. The level of effort required for this task depends on the number of submittals to be reviewed, the quality of those submittals, and the number of resubmittals required. The level of effort for this task is based on an assumption of 20 submittals and 10 resubmittals, with an average level of effort of three hours per submittal for the initial submittal and one hour for the resubmittals. The total allowance for reviewing submittals is 70 labor hours. Our team will target a maximum of one week elapsed time to complete reviews, with the understanding that some reviews may take longer depending on the circumstances. Assist with Chani -,e Orders and Plan Clarifications The team will assist the City with the preparation of change orders and plan clarifications. A total of 15 labor hours for project management support and 21 engineering design hours are budgeted. Assist with RFIs Contractor -generated RFIs will be submitted to the City. The Tetra Tech team will review and respond to RFIs submitted to it by the City. Although the time required to respond to a particular request for clarification varies greatly, the estimated level of effort for this task assumes 20 RFIs at 3 hours each with 4 site visits at 6 hours each for a total of 84 labors hours. Our team will target a maximum of two (2) business days elapsed time to answer RFPs, with the understanding that some BFI's may take longer depending on the circumstances. TETRA TECH Michael Grubbs December 20, 2018 Page 3 Contractor Site Meetines The Tetra Tech team will meet with the construction field team and Contractor as requested by the City. A total of six (6) meetings, each attended by the Construction Observer and one attended by the Project Manager, are budgeted for a total of 42 labor hours, including travel time. Prepare As -Built Drawinus Following receipt by the Tetra Tech team of the City -approved marked set of drawings from the Contractor affix construction is complete, the team will incorporate all changes noted on the Contractor's marked set within 60 days following receipt. The budget is based on changes to 12 drawings at 1.5 hours per sheet for preparation of the As -Built Drawings, 18 labor hours plus review of plans. Participate in Final Acceptance Inspections Following completion of construction and as part of the process of establishing and verifying completion of the punch list, the Tetra Tech team, upon City request, will participate in two (2) inspections of the completed or nearly completed site. The team will advise the City as to the acceptability of the work To ensure that the hydraulic elements, roadway features, and drainage structures are constructed per the plans and specifications, two Tetra Tech team members are budgeted for a total of 32 labor hours including travel time and office time to summarize inspection observations in memorandum form. Subconsultant Design Support During Construction Services Tetra Tech subconsultant CNS has provided a scope and flee for the Design Support During Construction services and continued consultation support services of the project, which is attached to this lor000sal. The total additional compensation requested for this task order revision is $97,239. Please let me know if you have any questions regarding the Fee Proposal. Sincerely. 1 :t Mr. MSU[lclo ArgeIIte, ltLA Vice President MA/kg Attachment—Fee Proposal GPA Proposal CNS Proposal TETRA TECH f9 Price Proposal 2nd Street Bridge Design Support for Environmental Studies, Bic>i/Aword, and Construction. PMJArm )u-mltaed to: Gty of San Bemardino Attn: MGM Grubbs) Contract Type: Fixed Price Project Pham / Tasim Schedule Fmm Thm Months ; Total Labor Hrs F 4i $35 Task 1 Schedule Extension Project Management-Six Monde (1 hour per week) 26 26 ask 2 Additional Biological Services Biolo" Services - Task 3 Final FS&E Revhions Revisions to Final PS&E - - - 56 T 56 4 4 M task 4 Design Support during Bid/Avrard - 6 Months Project Management ( PM - 05 hr/wk, CM - 5 Fr/wk- A_ pprox. 52 wla) AssistwM RFI (5 RFI's 0 3 his each) 41 - 26 15 Task 5 Design Support During Construction -12 Mont hs- Project Management ( PM - 05 hr/wk, CM - S hr/wk- Approx. 52 wks) Attend Codon Weddy Meetings via teleconference (52 Weeks @ 1 br/mtg) - - — 412 52 6s - Review Shop Drawing submittal Review (20 Submit @ 3 hrs/ea610 Re-submit @ 1hr/ea) !Assist with Charge Orders (6 We*) Ass[st with RR (20 RR's @ 3 hrs each, plus 4 site visits IF 6 hrs/a) _ Meet wkh the Contractor (6 Meetings @ 6 hrs each) Prepare As-Built Drawings (12 Sheets @ 15 ha/sheet plus review, No Sheets) 70 36 — 84 42 31 Foal Ameptance Inspections (2 Inspections) SubconwRant 32 - Totals 53S I_ Tetra Tedi - Confidential and Proprietary Peg CONSULTING 2112E1 December 13, 2018 Joe Conroy, Project Manager Tetra Tech 350 S. Grand Avenue, Suite 3310 Los Angeles, CA 90071 SUBJECT: BIOLOGICAL SERVICES FOR THE 2ND STREET BRIDGE REPLACEMENT PROJECT, CITY OF SAN BERNARDINO Dear Mr. Conroy: GPA Consulting is pleased to submit this proposed scope of work to provide a biological memorandum and continued regulatory permitting services for the above -reference project. The scope of work and fee to complete the additional services has been provided as an attachment to this letter. GPA is available to commence work on these tasks immediately, once approved by the Tetra Tech and the City. If you have any questions, do not hesitate to contact me at (310) 792-2690. Sincerely, Richard Galvin, Vice President GPA Consulting Attachment: 2nd Street Bridge Replacement Project Scope of Work and Budget 231 colifornio street, el segundo co 90245 t. 310.792.2690 {.310.792.2696 1 CONSULTING, 1 GPA Scope of Work December 13, 2018 PROJECT UNDERSTANDING The City of San Bernardino (City) proposes to replace the existing 2nd Street Bridge (Bridge #54G-0411) over Warm Creek (Creek) between Arrowhead Avenue and Mt. View Avenue in the city of San Bernardino (San Bernardino) (project). The 2nd Street Bridge is founded on timber piles that have been driven into the earth, and extend approximately 10 feet above the natural invert of the Creek. The Creek is a well-defined, unimproved, natural channel between the outlet of Town Creek Tunnel and the 21 Street Bridge. Downstream of the 2"d Street Bridge, the Creek is a rectangular concrete channel. A Natural Environment Study and Jurisdictional Delineation were completed by GPA and signed by Caltrans on May 16, 2016. A Clean Water Act (CWA) Section 401 Water Quality Certification application and CWA Section 404 Pre -Construction Notification were submitted to the Regional Water Quality Control Board (RWQCB) and United States Army Corps of Engineers (USACE), on October 4, 2018. The California Fish and Game Code Section 1602 Streambed Alteration Notification is anticipated to be submitted to the California Department of Fish and Wildlife (CDFW) by the end of December 2018. SCOPE OF WORK Task 1: Biological Memorandum The Natural Environment Study was completed in 2016 and signed by Caltrans on May 16, 2016. In an email dated November 15, 2017 the USAGE requested that a Biological Memorandum (Memorandum) be prepared to provide current information regarding biological resources existing on-site, due to the amount of time that has elapsed since the original study was prepared. In order to complete the Memorandum, GPA will conduct records searches in the California Natural Diversity Database and the United States Fish and Wildlife Service Information for Planning and Conservation database. A field survey would also be required to complete the Memorandum; however, GPA biologists Sheri Mayta and Hannah Hart conducted a field survey in the same area for the Warm Creek Maintenance Project on November 8, 2018; the information obtained during the survey on November 8 is sufficient to complete the Memorandum, and a separate survey would not be required. GPA will document the results of the recent field visit and describe the current site conditions in a Memorandum, including revised mapping, as appropriate. The memorandum will be prepared in a format acceptable to the permitting agencies. GPA will perform a thorough and accurate technical review of the Memorandum prior to submittal to the City and the USACE. Once the technical review is completed by GPA, the Memorandum will be submitted to the City for review prior to submittal to the USACE. 231 colifoinio el segundo 90245 1. 310.792.2690 1.310.792.2696 2 Task 2: Agency Coordination The environmental and permitting processes have extended approximately 24 months beyond what was anticipated in the existing contract and project schedule. The permitting agencies have requested additional efforts as part of the regulatory process, including information and consultation beyond what was originally anticipated. GPA will coordinate with the USACE, RWQCB, CDFW, and the City to provide the information and consultation that has been requested by permitting agencies in order to obtain permit approvals. Task 3: Project Management Throughout the permitting process, GPA will maintain a clear line of communication with the City, and will conduct regular status checks to ensure all tasks are on schedule and within budget. The GPA Project Manager (PM) will prepare a monthly progress report that includes the progress of each task, new and ongoing issues, proposed resolutions, and estimated impact on the schedule. GPA will also maintain electronic copies of the complete environmental record of the project, and will provide the City with a copy of all documentation. ASSUMPTIONS • No technical studies other than the Memorandum will need to be revised in order to complete the permitting processes. • The permitting process would be complete in May 2013. • Permitting fees have not been included in the fee; if any additional permitting fees are required by the regulatory agencies, GPA assumes they would be paid directly by the City. • On-51te or off-site mitigation required by the regulatory agencies would be implemented by the City. • A ten percent contingency has been included in our fee. if the contingency is required to complete unanticipated activities related to the regulatory permits, GPA will submit a request to the City to release the contingency funds. 231 colifnrnin street, el segundo ca 90245 t. 310.792 2690 f 310.792,2696 3 Project Budget: 2nd Street Bridge Project Regulatory Permits and Biological Memorandum December 13, 2018 Task 1: Biological Memorandum Hannah Hart -BioloW 24.00 $100.00 $2,400.00 Shed Mayta - Senior BloIoW 6.00 $110.00 $660.00 Jennifer Johnson - Associate BiokgM 16.00 $110Ai1 $1,760.x1 MadekaSchrader-Senior Associate 4-00 $150.00 $600.00 Marlin Rose - Senior GIS Analyst 4.10 $150.00 $600.00 Task Subtotal _ 514.00 56.020.00 Task 2: Agency Coordination Jennifer Johnson- Associate Bio ist 16-00 $110-00 $1,760.00 E dnn Ova - Senior Environmental Planner 6.00 $150.00 $400.00 Task Subtotal 2200 $266QA0 Task 3: Project Management Erin Sava - Senior Environmental Planner 6.00 $150.00 $900.00 Task SubtoW 6A0 Mom) Total Services 82.00 $9,5110.00 MIS Amt Mkup 10% Coniinpency 1.00 $958.00 5858.00 Mal Delivery - project expense 2.00 $8.50 $17.00 Total Expenses $975.00 Total Service: $9,580.00 Total Expense: X5,00 Second Street Bridge Replacement Bridge Construction Supports Company: CNS Engineers, Inc. - Date: 12113@01 TOTAL - - - - LABOR STAFF TITLE STAFF NAME HOURS Hourly Rate COSTS Principal BridQe En •r TL -U- 11 $89.50 $98E Senior Brid a Engineer Q Nwau en - _............ 50 - $60 50 $3.025 Bridge Pro'eat Engineer J. No en - 24 $43.50 $1,044 CADD Designer N Li 4038.50 $1,547 Administrator H Huano 2 $58.50 _.... _ $117 $C DIRECT LABOR SUBTOTALS 127 $52.84 $6,711 (ave' rate) DIRECT LABOR TOTAL ESCALATION a 0'A LABOR TOTAL OVERHEAD @ 141.93% TOTAL LABOR & OVERHEAD OTHER DIRECT COSTS (ODC'S): s Mileage 300 $0.545 per mile Reproduction Postage/Deliveries TOTAL OTHER DIRECT COSTS PROFIT (10% OF LABOR & OVERHEAD.: TOTAL CNS COSTS SUBCONSULTANTS: None SUBTOTAL SUBCONSULTANT COSTS $0 .. _. TOTAL SUBCONSULTANT COSTS TOTAL COSTS $9,524 $164 $200 $100 $0 $18,322 jmrmwT: DATE ?7!13118 NS ENGINEERS, INC. Task BRIDGE CONSTRUCTION SUPPORTS tOJECT: Second Street Bridge REVI M - Task Na Task Name BtWge Senior Mip Mige R ajert (ADD peqbq CWHOURS Err¢ Eng mw 6gireer J Lu Q Nguyen J. N�uvrn N Li H Hwnu 5000 $238.18 $761A0 1 $115.76 $102A6 $155.68 $0.00 13.0 mufumnu Nape re Addenda and Change Orders tl 1 1 8 2 8 10 19 Review Shop, Dra n s and RFPs 2 24 22 qg site vrsfts 10 10 Pre. are As-BuR Plans g 40 SublM • Ham 11 64 14 ere Q 127 5u6fo6ef - $20 050 2 ii$ 088 5311 so WAN ODC Total 1484 I 5is= Structure Scope of Work Task 13: Construction Support Services CNS shall answer bidders' questions regarding the structural contract bid documents, and prepare bid addenda if required. CNS will review structure shop drawings and submittals for conformance with the contract plans and specifications and make recommendations for acceptance, denial or re -submittal. CNS shall provide response to contractor's requests for information (BFI's) about the contract plans and specifications forwarded to the Consultant by the City. Upon written authorization from the City, we will provide engineering design services for revisions to construction documents resulting from changed field or unforeseen conditions or other change order work. CNS will perform up to three (3) site visits during the construction as requested by the City. Following the completion and acceptance of the project, we will furnish the City a complete set of revised contract drawings showing as -built conditions. Revisions will be solely based on as - built redline information provided by the Contractor and the City.