HomeMy WebLinkAbout27-Development Services
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: James Funk, Director
Subject: Resolutions authorizing the execution
of Amendment No.2 to Professional Services
Agreement with Lim & Nascimento
Engineering Corporation and Amendment No.
I to Professional Services Agreement with
Jones & Stokes Associates for provision of
professional environmental services for the
design of the Mt. Vernon Avenue Viaduct over
the BNSF Railroad.
MCC Date: 12-06-04
Dept: Development Services
Date: November 18, 2004
File: \.1729
Synopsis of pJ'evious Council Action:
03-04-96 Approval given to submit request for authorization of funds under Federal Aid Highway
HBRR Program.
11-04-96 Approval of $20,000 for preparation of conceptual plan.
05-19-97 Authorization to execute agreement for professional services with DMJM for conceptual
plan approved.
03-15-99 Adopted Resolution authorizing execution of professional engineering services agreement
with Parsons Brinckerhoff Quade & Douglas, Inc.
07-06-99 Approved Budget carry-over of $498,200 in Account No. 129-367-5504-7121 as local
matching funds for Mt. Vernon Grade Separation at BNSF.
09-07 -99 Authorization to execute agreement with Parson Brinckerhoff Quade & Douglas Inc. for
Professional Engineering Services.
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.
03-15-04 Resolution adopted authorizing execution of Professional Services Agreement with Lim &
Nascimento (LAN) Engineering Corporation for the Project Management of the Mt. Vernon
Ave. Viaduct over the BNSF railroad in the amount of$49,000.
06-07 -04 Resolution awarding contract to Yeager Skanska, Inc. for installation of temporary support
for the Mt. Vernon Bridge over the BNSF Railroad in the amount of $165,000 and
authorization for the Director of Finance to amend the FY 2003/04 Budget.
07-06-04 Resolution No. 2004-215 adopted approving Amendment No. I to Agreement with Lim &
Nascimento Engineering Corporation for Project Management of the Mt. Vernon Viaduct
over BNSF Railroad.
Recommended Motion:
Adopt Resolutions.
~J~
Contact person: Mark Lancaster, Deputy Director/City Engineer
Phone:
3305
Supporting data attached: Staff Report, Resolution, Exhibit A
Ward:
1&3
FUNDING REQUIREMENTS:
Amount: $101,075,00
~~ p/~/oif; 4ft?
Rc.so. 200Lf,- 3qq
200 L{ ~ 46)
Source: (Acct. Nos.) 242-362-5504-7121
Acct, Description: Mt. Vernon Grade Separation at
Finance:
BNSF (SS04-12)
Agenda Item No. ;) 7
/J../d..% i
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolutions authorizing the execution of Amendment No. 2 to Professional Services
Agreement with Lim & Nascimento Engineering Corporation and Amendment No. 1 to
Professional Services Agreement with Jones & Stokes Associates for provision of professional
environmental services for the design of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad.
Background:
On September 7, 1999, the Mayor and Council adopted Resolution No. 1999-228, approving a
Professional Services Agreement with Parson, Brinckerhoff, Quade and Douglas, Inc. at a
lump sum cost of $949,560 for design of Mt. Vernon Viaduct over BNSF railroad. This
Agreement was terminated in October of 2003 for the convenience of the City.
Subsequent to termination of the Parson Brinkerhoff Agreement, staff retained William
Nascimento of Lim and Nascimento (LAN) Engineering Corporation to act as project manager
for the project. Mr. Nascimento is a licensed Civil Engineer and a licensed Structural
Engineer and has extensive experience in bridge design and processing of Federally funded
projects through Caltrans. Mr. Nascimento was retained on a short form contract with the
City for a not-to-exceed amount of $24,650.
Mr. Nascimento has performed extremely well as the Project Manager. Based on his
recommendation, Myra L. Frank & Associates, Inc. was retained to complete the
environmental documents for the project and process them through Caltrans. Additionally,
CNS Engineers, a Structural Engineering firm, and Associated Engineers, Inc. have been
retained to complete a solid team of environmental specialists, structural engineers and Civil
Engineers.
Due to his expertise, Mr. Nascimento was given an expanded role to fully manage the Mt.
Vernon Bridge replacement project, including hiring subconsultants to provide services beyond
the capabilities of his own firm. 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 properly compensate LAN Engineering for Mr. Nascimento's expanded
role in managing the project.
On April 22, 2004, Caltrans initiated an in-depth "fr acture critical" steel inspection on the
Mount Vernon Bridge. This in-depth inspection was the first of its kind on the Mt. Vernon
Bridge although the bridge is biennially inspected by Caltrans. The biennial inspection is a
visual inspection on foot vs. the in-depth inspection that is done by a technician specialized in
structural steel girder inspection from a man-lift that allows the inspector a close up view of
the structural members. During this inspection, the Caltrans specialist determined that various
steel members were cracked. The first cracks discovered were towards the north end of the
bridge in the southbound traffic lanes.
2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
Although the inspection was only partially completed, Caltrans recommended that, in the
interest of public safety, the southbound lanes of the bridge be closed. In response, on April
23, 2004, the City closed the bridge to southbound traffic. The northbound lanes were left
open and Caltrans continued inspection of the remaining portions of the bridge.
On June 3, 2004, Caltrans issued a final inspection report on the Mount Vernon Bridge which
indicated that additional cracks had been discovered at the south end of the bridge under the
northbound lanes. Caltrans Structures Division performed a structural analysis on the bridge
and concluded that the entire bridge should be immediately closed. The City concurred and
completed the closure on June 4,2004.
A field meeting was held on June 4, 2004, with BNSF, Caltrans, LAN Engineering, CNS
Engineers (Structural Engineer), and Yeager Skanska, Inc., (specialized bridge contractor) to
investigate the possibility of emergency shoring of the bridge in order to reopen it as quickly as
possible. The conclusion of the meeting was that it is feasible to design and construct
temporary shoring in accordance with Caltrans policies and procedures that will support the
beams that are cracked by transferring the loads to the ground using posts and allow reopening
of the bridge. Yeager Skanska, Inc. agreed to perform the work under a "force account" or
time and materials basis using the Caltrans allowable rates.
LAN Engineering, the City's project manager, met with Dean Morris of Morris Engineering,
a specialty bridge shoring designer. Morris Engineering agreed with the feasibility of the work
and agreed to perform the design. Based on recommendation by Mr. Nascimento, staff
retained Morris Engineering to prepare the shoring design at a cost of $8,500.
On June 7, 2004, the Mayor and Common Council, based on the recommendations of Mr.
Nascimento, awarded an emergency contract to Yeager Skanska, Inc. to install shoring under
the cracked girders of the Mt. Vernon Bridge to enable reopening the bridge to passenger car
traffic.
On July 6, 2004, Amendment No. 1 to Services Agreement with Urn & Nascimento
Engineering Corporation was approved, increasing the contract amount by $75,918 for
additional project management duties.
On October 4,2004, the shoring was completed by Yeager-Skanska and reopened to traffic.
In addition to the need for additional services from LAN to coordinate and complete the
environmental clearance process (including responding to reviews by Caltrans and FHW A) and
. complete the preliminary engineering (including bridge demolition and construction staging
plans) for the project, additional services have been needed in recent months to coordinate 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 will result
in a need to provide the required 24 feet of clearance over the new tracks.
The revised estimated total cost of the project is approximately $24,000,000 of which 80 %
3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued
may be reimbursable from the Federal Highway Administration (FHW A) under the Highway
Bridge Replacement and Rehabilitation (HBRR) program. We estimate that the matching share of
the cost to qualify for HBRR funding will be $4,800,000 (20% of the bridge cost). BNSF's fair share
of the cost could be 10% of the bridge cost or $2,400,000. Additional sources of funding could be
from BNSF, SANBAG, and other federal sources, or the balance of the matching share could
potentially be funded with a State Infrastructure Bank Loan.
Mr. Nascimento's assistance in the project management of this project has been extremely important to
the City. Mr. Nascimento's knowledge of structural engineering together with his close association
with Caltrans and the BNSF Railroad has enabled him to keep the project moving ahead against
seemingly insurmountable obstacles. Staff feels that retention of Mr. Nascimento's services is
essential to the timely progress of this project.
The assistance of Jones & Stokes preparation of the environmental documentation has been extremely
valuable to the City and retention of their services is absolutely necessary to the success of this project.
Financial Impact:
80% percent of the cost of these Amendments to Agreements with Lim & Nascimento and Jones &
Stokes Associates will be reimbursable from a combination of HBRR funds and Seismic Retrofit Funds,
subject to the City providing the 20% percent matching funds.
The following is a summary of costs for the subject Agreement with LAN Engineering:
1. Purchase Order for Project Management Services. . . . . . . . . . . . . . . . $ 24,650.00
2. Agreement for Project Services approved by MCC . . . . . . . . . . . . . . . . 49,000.00
3. Amendment No.1 to Agreement for Professional Services. . . . . . . . . . .74,918.00
4. Amendment NO.2 to Agreement for Professional Services. . . . . . . .. .. 55,700.00
Grand Total. . . . . . . . . . .$ 204,268.00
The following is a summary of costs for the subject Agreement with Jones & Stokes Associates:
1. Services Agreement approved per Reso. No. 2003-326 . . . . . . . . . . . .$
2. Amendment No.1 to Services Agreement. . . . . . . . .. . . . . . . . .. .
Grand Total. . . . . . . . . . .$
123,524.00
45,375.00
168,899.00
This council action will approve a total of $1O},075.00 to the professional services agreements with
Lim & Nascimento Engineering Corporation and with Jones & Stokes Associates, which includes
Amendment NO.2 ($55,700.00) to the Lim & Nascimento Engineering Corporation contract and
Amendment No.1 ($45,375.00) to the Jones & Stokes contract.
Recommendation:
Adopt Resolutions.
4
1'2 _J_--p~5:i- Po--r-: J!:v
~Jt~-*:17
/&-/.;).0/0 ~
ORIGINAL
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Date: November 18,2004
Subject: Resolutions authorizing the execution
of Amendment No.2 to Professional Services
Agreement with Lim & Nascimento
Engineering Corporation and Amendment No.
I to Professional Services Agreement with
Jones & Stokes Associates for provision of
professional environmental services for the
design of the Mt. Vernon Avenue Viaduct over
the BNSF Railroad.
MCC Date: 12-06-04
From: James Funk, Director
Dept: Development Services
File: 1.1729
Synopsis of Previous Council Action:
03-04-96 Approval given to submit request for authorization of funds under Federal Aid Highway
HBRR Program.
11-04-96 Approval of $20,000 for preparation of conceptual plan.
05-19-97 Authorization to execute agreement for professional services with DMJM for conceptual
plan approved.
03-15-99 Adopted Resolution authorizing execution of professional engineering services agreement
with Parsons BrinckerhoffQuade & Douglas, Inc.
07-06-99 Approved Budget carry-over of $498,200 in Account No. 129-367-5504-7121 as local
matching funds for Mt. Vernon Grade Separation at BNSF.
09-07-99 Authorization to execute agreement with Parson BrinckerhoffQuade & Douglas Inc. for
Professional Engineering Services.
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.
03-15-04 Resolution adopted authorizing execution of Professional Services Agreement with Lim &
Nascimento (LAN) Engineering Corporation for the Project Management of the Mt. Vernon
Ave. Viaduct over the BNSF railroad in the amount of$49,000.
06-07-04 Resolution awarding contract to Yeager Skanska, Inc. for installation of temporary support
for the Mt. Vernon Bridge over the BNSF Railroad in the amount of $165,000 and
authorization for the Director of Finance to amend the FY 2003/04 Budget.
07-06-04 Resolution No. 2004-215 adopted approving Amendment No.1 to Agreement with Lim &
Nascimento Engineering Corporation for Project Management of the Mt. Vernon Viaduct
over BNSF Railroad.
Recommended Motion:
Adopt Resolutions.
~J~
Contact person: Mark Lancaster, Deputy Director/City Engineer
Phone:
3305
Supporting data attached: Staff Report, Resolution, Exhibit A
Ward:
1&3
FUNDING REQUIREMENTS:
~.~?Do~,.397
:JO Or -L(PO
Amount: $101.075.00
Source: (Acct. Nos.) 242-362-5504-7121
Acct. Description: Mt. Vernon Grade Separation at
Finance:
BNSF (SS04-12)
Agenda Item No. /1
) l./({J / (Jll
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolutions authorizing the execution of Amendment No. 2 to Professional Services
Agreement with Lim & Nascimento Engineering Corporation and Amendment No. 1 to
Professional Services Agreement with Jones & Stokes Associates for provision of professional
environmental services for the design of the Mt. Vernon A venue Viaduct over the BNSF
Railroad.
Background:
On September 7, 1999, the Mayor and Council adopted Resolution No. 1999-228, approving a
Professional Services Agreement with Parson, Brinckerhoff, Quade and Douglas, Inc. at a
lump sum cost of $949,560 for design of Mt. Vernon Viaduct over BNSF railroad. This
Agreement was terminated in October of 2003 for the convenience of the City.
Subsequent to termination of the Parson Brinkerhoff Agreement, staff retained William
Nascimento of Lim and Nascimento (LAN) Engineering Corporation to act as project manager
for the project. Mr. Nascimento is a licensed Civil Engineer and a licensed Structural
Engineer and has extensive experience in bridge design and processing of Federally funded
projects through Caltrans. Mr. Nascimento was retained on a short form contract with the
City for a not-to-exceed amount of $24,650.
Mr. Nascimento has performed extremely well as the Project Manager. Based on his
recommendation, Myra L. Frank & Associates, Inc. was retained to complete the
environmental documents for the project and process them through Caltrans. Additionally,
CNS Engineers, a Structural Engineering firm, and Associated Engineers, Inc. have been
retained to complete a solid team of environmental specialists, structural engineers and Civil
Engineers.
Due to his expertise, Mr. Nascimento was given an expanded role to fully manage the Mt.
Vernon Bridge replacement project, including hiring sub consultants to provide services beyond
the capabilities of his own firm. 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 properly compensate LAN Engineering for Mr. Nascimento's expanded
role in managing the project.
On April 22, 2004, Caltrans initiated an in-depth "fr acture critical" steel inspection on the
Mount Vernon Bridge. This in-depth inspection was the first of its kind on the Mt. Vernon
Bridge although the bridge is biennially inspected by Caltrans. The biennial inspection is a
visual inspection on foot vs. the in-depth inspection that is done by a technician specialized in
structural steel girder inspection from a man-lift that allows the inspector a close up view of
the structural members. During this inspection, the Caltrans specialist determined that various
steel members were cracked. The first cracks discovered were towards the north end of the
bridge in the southbound traffic lanes.
2
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
Although the inspection was only partially completed, Caltrans recommended that, in the
interest of public safety, the southbound lanes of the bridge be closed. In response, on April
23, 2004, the City closed the bridge to southbound traffic. The northbound lanes were left
open and Caltrans continued inspection of the remaining portions of the bridge.
On June 3, 2004, Caltrans issued a final inspection report on the Mount Vernon Bridge which
indicated that additional cracks had been discovered at the south end of the bridge under the
northbound lanes. Caltrans Structures Division performed a structural analysis on the bridge
and concluded that the entire bridge should be immediately closed. The City concurred and
completed the closure on June 4,2004.
A field meeting was held on June 4, 2004, with BNSF, Caltrans, LAN Engineering, CNS
Engineers (Structural Engineer), and Yeager Skanska, Inc., (specialized bridge contractor) to
investigate the possibility of emergency shoring of the bridge in order to reopen it as quickly as
possible. The conclusion of the meeting was that it is feasible to design and construct
temporary shoring in accordance with Caltrans policies and procedures that will support the
beams that are cracked by transferring the loads to the ground using posts and allow reopening
of the bridge. Yeager Skanska, Inc. agreed to perform the work under a "force account" or
time and materials basis using the Caltrans allowable rates.
LAN Engineering, the City's project manager, met with Dean Morris of Morris Engineering,
a specialty bridge shoring designer. Morris Engineering agreed with the feasibility of the work
and agreed to perform the design. Based on recommendation by Mr. Nascimento, staff
retained Morris Engineering to prepare the shoring design at a cost of $8,500.
On June 7, 2004, the Mayor and Common Council, based on the recommendations of Mr.
Nascimento, awarded an emergency contract to Yeager Skanska, Inc. to install shoring under
the cracked girders of the Mt. Vernon Bridge to enable reopening the bridge to passenger car
traffic.
On July 6, 2004, Amendment No. 1 to Services Agreement with Lim & Nascimento
Engineering Corporation was approved, increasing the contract amount by $75,918 for
additional project management duties.
On October 4,2004, the shoring was completed by Yeager-Skanska and reopened to traffic.
In addition to the need for additional services from LAN to coordinate and complete the
environmental clearance process (including responding to reviews by Caltrans and FHW A) and
complete the preliminary engineering (including bridge demolition and construction staging
plans) for the project, additional services have been needed in recent months to coordinate 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 will result
in a need to provide the required 24 feet of clearance over the new tracks.
The revised estimated total cost of the project is approximately $24,000,000 of which 80 %
3
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued
may be reimbursable from the Federal Highway Administration (FHW A) under the Highway
Bridge Replacement and Rehabilitation (HBRR) program. We estimate that the matching share of
the cost to qualify for HBRR funding will be $4,800,000 (20% of the bridge cost). BNSF's fair share
of the cost could be 10% of the bridge cost or $2,400,000. Additional sources of funding could be
from BNSF, SANBAG, and other federal sources, or the balance of the matching share could
potentially be funded with a State Infrastructure Bank Loan.
Mr. Nascimento's assistance in the project management of this project has been extremely important to
the City. Mr. Nascimento's knowledge of structural engineering together with his close association
with Caltrans and the BNSF Railroad has enabled him to keep the project moving ahead against
seemingly insurmountable obstacles. Staff feels that retention of Mr. Nascimento's services is
essential to the timely progress of this project.
The assistance of Jones & Stokes preparation of the environmental documentation has been extremely
valuable to the City and retention of their services is absolutely necessary to the success of this project.
Financial Impact:
80% percent of the cost of these Amendments to Agreements with Urn & Nascimento and Jones &
Stokes Associates will be reimbursable from a combination of HBRR funds and Seismic Retrofit Funds,
subject to the City providing the 20% percent matching funds.
The following is a summary of costs for the subject Agreement with LAN Engineering:
1. Purchase Order for Project Management Services. . . . . . . . . . . . . . . . $ 24,650.00
2. Agreement for Project Services approved by MCC . . . . . . . . . . . . . . . . 49,000.00
3. Amendment No.1 to Agreement for Professional Services. . . . . . . . . . . 74,918.00
4. Amendment NO.2 to Agreement for Professional Services. . . . . . . .. .. 55,700.00
Grand Total. . . . . . . . . . .$ 204,268.00
The following is a summary of costs for the subject Agreement with Jones & Stokes Associates:
1. Services Agreement approved per Reso. No. 2003-326 . . . . . . . . . . . .$
2. Amendment No.1 to Services Agreement. . . . . . . . .. . . . . . . . .. .
Grand Total. . . . . . . . . . .$
123,524.00
45,375.00
168,899.00
This council action will approve a total of $1011,075.00 to the professional services agreements with
Lim & Nascimento Engineering Corporation and with Jones & Stokes Associates, which includes
Amendment No.2 ($55,700.00) to the Urn & Nascimento Engineering Corporation contract and
Amendment No.1 ($45,375.00) to the Jones & Stokes contract.
Recommendation:
Adopt Resolutions.
4
~ _rJ_-~~5ir Po-r--: h:v
~Jj;~*::27
JQ-/~O/O Y
1
~~~y
RESOLUTION NO.
2
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO. 2 TO SERVICES AGREEMENT WITH LIM & NASCIMENTO
ENGINEERING CORPORATION FOR PROJECT MANAGEMENT OF THE MT.
4 VERNON AVENUE 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 Mayor is authorized to execute Amendment No.2 to the Services
8 Agreement with Lim & Nascimento Engineering Corporation for Professional Civil Engineering
9
Project Management Services for management of the design of the Mt. Vernon Avenue Viaduct
10
11
12
over the BNSF Railroad (attached and incorporated herein as Exhibit "A").
SECTION 2. This Amendment No.2 shall not take effect or become operative until
13 fully signed and executed by the parties and no party shall be obligated hereunder until the time
of such full execution. No oral agreements, amendments, modifications or waivers are intended
14
15
16
17
18
III
19
or authorized and shall not be implied from any act or course of conduct of any party.
SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of passage of the resolution.
20
21
22
23
24
25
26
27
28
III
III
- 1 -
1
RESOLUTION ..................... APPROVING AMENDMENT NO. 2 TO
2 SERVICES AGREEMENT WITH LIM & NASCIMENTO ENGINEERING
CORPORATION FOR PROJECT MANAGEMENT OF THE MT. VERNON AVENUE
3 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
, 2004, by the following vote, to wit:
7
Council Members:
8
ABSTAIN ABSENT
NAYS
AYES
9 ESTRADA
10
11
12
13
14
15
16
17
18
19
LONGVILLE
MC GINNIS
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
,2004.
day of
The foregoing resolution is hereby approved this
20
21
22
Judith Valles, Mayor
City of San Bernardino
Approved as to
23 form and legal content:
24
25
JAMES F. PENMAN,
City Attorney
26
27
28
.f~
- 2 -
Exhibit "A"
AMENDMENT NO.2 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this day of
Lim & Nascimento Engineering Corporation ("Contractor")
BERNARDINO ("City)".
, 2004, between
and the CITY OF SAN
WITNESSETH:
A. WHEREAS, 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, the Mayor and Common Council of City adopted Resolution No.
2004-215, approving Amendment No.1 to Services Agreement for Professional
Civil Engineering Project management Services for Management of design of
the Mt. Vernon Avenue Viaduct over the BNSF Railroad; and,
C. WHEREAS, Contractor has requested an amendment to said Services
Agreement (see Attachment "A"); and,
D. WHEREAS, Contractor has provided the most advantageous and best proposal
for the provision of said services.
NOW THEREFORE, the parties hereto agree as follows:
1. Section 1 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 October 1, 2004, 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 $55,700.00*
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.1 to Services Agreement . . . . . . . . .. . . . . .74,918.00
d) Amendment No.2 to Services Agreement (this request). . . . . . 55,700.00
Total not-to-exceed amount. . . . . . . . . . . . .$204,268.00
Exhibit "A"
Amendment ;';0. 2 to Services Agreement-Lim & Nascimento Engineering Corporation
Page 2 of2
*Subject to division of costs as identified in Attachment A.
3. All other terms and conditions of said Services Agreement approved by Resolution No.
2004-73 shall remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
LIM & NASCIMENTO ENGINEERING
CORPORATION
by:
Date:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Date:
by:
Judith Valles
Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
.t~
Attachment "A"
lIM & NASCIMENTO ENGINEERING CORPORATION
1M
Friday, October 01, 2004
Mr. Mark Lancaster
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.3
Dear Mr. Lancaster: .
_\:.C'-~7-'.
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
oversight 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 a team to clear the environmental process and complete the
preliminary engineering including handling the coordination with the BNSF 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. The City approved both supplements.
Working together with the City, Caltrans, FHWA and the BNSF, we've made significant
progress. Principal achievements include getting agreement from Caltrans at the local
level and FHWA that bridge replacement is the preferred alternative, successfully
assisting the City in responding to the bridge closure by coordinating the shoring to allow
reopening of the bridge, preparing and getting a funding supplement approved by
Caltrans, and holding a successful public outreach meeting.
The City requested LAN to assist in developing and implementing a response to the
bridge closure directive from Caltrans. This effort included extensive coordination to
shore the existing bridge to allow for its reopening. The effort involved setting up and
holding field meetings, coordinating the hiring and the work of the bridge shoring
designer, coordinating the hiring of the contractor for the shoring, coordinating with the
City's Attorney's office, researching the background of the legal agreements between the
City and BNSF for the City Attorney's office, coordinating with the BNSF, and
coordinating with Caltrans. As well, LAN undertook the major effort of organizing and
making the public presentation for the public outreach meeting for the environmental
process.
In the process of the above work, LAN has expended its full budget. The budget that
was earmarked to complete the bridge construction staging concepts in the BNSF yard
was expended in responding to the bridge closure crisis.
1887 Business Center Drive, Suite 6
San Bernardino, CA 92408
909-890-0477
Fax 909-890-0467
Attachment "A"
Mr. Mark Lancaster
Mount Vernon Bridge Replacement
. Friday, October 01, 2004
Page 2 of 3
In view of the above, we are requesting additional funds to allow us to complete the
coordination with the RR and continue to assist the City in getting environmental
clearance.
We understand the City is poised to retain a PS&E design team or possibly a
Design/Build team and therefore assume that our role as Project Management support
should be complete once we resolve the pending issue of staging with BNSF.
Scope of Services.
The following is a detailed description of our Scope of Services.
Proiect ManaaemenUCoordination
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.
Coordinate with City, Caltrans, BNSF, FHWA, Myra Frank/Jones & Stokes, CNS
Engineers, Associated Engineers, Inc., LSA Associates Inc. and other members of the
design team as needed to develop the project.
MeetinQs
Call, hold, and lead project team meetings as needed.
Railroad Enaineerina / BNSF Coordination/Aareements
Complete staging/scheduling plans for the demolition and reconstruction of the Mount
Vernon.
Revise the following to reflect agreement with the RR:
Project layout plan
APE (Area of Potential Effect)
ROW acquisition requirements plan
Bridge general plan (plan, profile and section) and foundation plan
Cost Estimates
Monitor cost estimates for total contract value and budgeting, and coordinate allocation
amendment with Caltrans.
Fee Proposal
LAN proposes to perform the above civil engineering services on a time and material
basis, for a fee not to exceed $55,700.00 without prior authorization from the City. This
is an on-call, as-needed effort.
1m
Attachment "A"
Mr. Mark Lancaster
Mount Vernon Bridge Replacement
Friday, October 01, 2004
Page 3 of 3
Person
William Nascimento, PE, SE
Todd Dudley, PE, SE
Eric Girod, PE
Vernu Sivakolundu
Ray Andrasek
Hrs
100
120
80
200
80
Rate/Hr
$145.00
$125.00
$90.00
$65.00
$75.00
Subtotal
$14,500.00
$15,000.00
$7,200.00
$13,000.00
$6,000.00
Total $55,700.00
This additional supplement brings the total cost to $204,268.00.
If you have any questions or wish to ~iscuss this in greater detail, please feel free to
contact me at (909) 890-0477 extension 305.
Sincerely,
LAN Engineering Corp.
c:::..;L.Id.~
G. J. William Nascimento, PE, SE
GJN/gjn
IR4
1
2
RESOLUTION NO.
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO.1 TO SERVICES AGREEMENT WITH MYRA L. FRANK/JONES
& STOKES FOR PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES
4 FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF
5 RAILROAD.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
8
SECTION 1. That the Mayor is authorized to execute Amendment No. I to the Services
9 Agreement with Myra L. Frank/Jones & Stokes for provision of professional environmental
10
11
12
13
services for the design of Mt. Vernon Ave. Viaduct over the BNSF Railroad (attached and
incorporated herein as Exhibit "B").
SECTION 2. This Amendment No. I shall not take effect or become operative until
fully signed and executed by the parties and no party shall be obligated hereunder until the time
14
of such full execution. No oral agreements, amendments, modifications or waivers are intended
15
16 or authorized and shall not be implied from any act or course of conduct of any party.
17 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
18 within sixty (60) days of passage of the resolution.
19 III
1
2
3
4
RESOLUTION ..................... APPROVING AMENDMENT NO. 1 TO
SERVICES AGREEMENT WITH MYRA L. FRANK/JONES & STOKES FOR
PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN
OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
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
6
7
8
meeting thereof, held
on the
day of
, 2004, by the following vote, to wit:
Council Members:
NAYS
ABSTAIN
ABSENT
AYES
9 ESTRADA
10 LONGVILLE
11 MC GINNIS
12 DERRY
13
14
KELLEY
JOHNSON
15
16 MC CAMMACK
17
18
19
City Clerk
day of
,2004.
The foregoing resolution is hereby approved this
Judith Valles, Mayor
City of San Bernardino
26
27
28
7'~
- 2 -
Exhibit "B"
AMENDMENT NO.1 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this _ day of
Myra L. FranklJones & Stokes formerly known as Myra L.
("Contractor") and the CITY OF SAN BERNARDINO ("City)".
, 2004, between
Frank & Associates, Inc.
WITNESSETH:
A. WHEREAS, the Mayor and Common Council of City adopted Resolution No.
2003-326, approving a Services Agreement with Contractor for Professional Environmental
Services for the design of the Mt. Vernon A venue Viaduct over the BNSF Railroad; and,
B. WHEREAS, Contractor has requested an amendment to said Services
Agreement (see Attachment "B"); and,
C. WHEREAS, Contractor has provided the most advantageous and best proposal
for the provision of said services.
NOW THEREFORE, the parties hereto agree as follows:
1. Section 1 of said Services Agreement is amended to read as follows: Contractor shall
furnish Professional Environmental services for the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad, in accordance with the attached proposal from Contractor
dated October 4, 2004, attached hereto and incorporated herein as Attachment "B."
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 $45,375.00*
for a total not-to-exceed amount as follows:
a) Services Agreement approved per Reso. No. 2003-326 . . . . . . .$ 123,524.00
b) Amendment No.1 to Services Agreement ................ 45,375.00
Total not-to-exceed amount. . . . . . . . . . . . . . . $ 168,899.00
*Subject to division of costs as identified in Attachment B.
3. All other terms and conditions of said Services Agreement approved by Resolution No.
2003-326 shall remain unchanged.
II
Exhibit "B"
Amendment No.1 to Services Agreement -Myra L. Frank/Jones & Stokes
Page 2 of 2
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
MYRA L. FRANK/JONES & STOKES
by:
Date:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
by:
Date:
Judith Valles
Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
Myra L. Frank::l~~~:gf: Jones & Stokes
October 4, 2004
Mike Lancaster, City Engineer
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
Re: Mt. Vernon Avenue Bridge Project - Environmental Documentation Change Order
Dear Mr. Lancaster:
At the request of the City's engineering and project management consultant, William
Nascimento of LAN Engineering, Myra L. Frank/Jones & Stokes (MFAlJSA) have
reviewed the scope and cost estimate we provided to the City of San Bernardino in
November 2003 for environmental documentation for the Mount Vernon Avenue Bridge
Project. Given the modifications to the scope of our work that have occurred since our
original submittal last year, we have prepared a proposed change order.
The out of scope work that necessitates a change order is the result of several
unanticipated factors: (1) modifications to the environmental technical analyses were
necessary to address the modified bridge replacement design and shoofly tracks, (2) a
community impact assessment, environmental justice evaluation, and public information
meeting were requested by FHW A staff, and (3) "preliminary review" materials were
compiled in order for FHW A staff to make a determination whether the appropriate
NEP A environmental document would be a Categorical Exclusion (CE) or an
Environmental Assessment (EA). In addition, we have been informed that Caltrans and
FHW A staff will require additional cultural resource mitigation efforts on the former 240
North Mount Vernon Avenue residence and the Mount Vernon Avenue Bridge. This
additional mitigation will likely include recordation in the Historic American Building
Survey (HABS) and the Historic American Engineering Record (HAER) in the Library of
Congress, as well as other mitigation deemed appropriate as a result of consultations with
the State Historic Preservation Office (SHPO).
811 West 7th Street, Suite 800 . Los Angeles, CA 90017 . tel. 213.627.5376 . fax 213.627.6853
Mike Lancaster, City Engineer
Page 2
Our proposed change order request is attached. Our labor, direct expense, and
subconsultant costs have been itemized according to our original environmental
documentation tasks. Two new tasks (1.1 and 1.2) are included for the cultural resources
mitigation.
Thank you again for the opportunity to work with the City on this project. If you have
any questions or need additional information, please do not hesitate to call me, or Lee
Lisecki, our Project Director.
Sincerely,
~lLE.
~Ottaway,
Project Manager
attachment
cc: William Nascimento, LAN Engineering
Lee Lisecki, Project Director
PROPOSED MFA/JSA CHANGE ORDER - MT VERNON AVENUE BRIDGE
Existing Tasks
Cost
Task 1.0 - Cultural Resources/Section 106
Out of Scope: MFA/JSA Labor
OutofScope:MFA/JSADifectExpense
$6,500.00
$170.00
Task 2.1 - Biology
Out of Scope: MFA/JSA Labor
OutofScope:MFA/JSADifectExpense
$1,600.00
$0.00
Task 2.2 - Noise
Out of Scope: MFA/JSA Labor
Out of Scope: MFA/JSA Direct Expense
Out of Scope: Subconsultant
$1,600.00
$0.00
$950.00
Task 2.3 - Phase I Haz Mat
Out of Scope: MFA/JSA Labor
OutofScope:MFA/JSADifectExpense
Out of Scope: Subconsultant
$2,000.00
$45.00
$4,130.00
Task 2.4 - Relocation/Community Impact
Out of Scope: MFA/JSA Labor
Out of Scope: MFA/JSA Direct Expense
$6,740.00
$4,100.00
Task 2.5 - Section 4(f)
Out of Scope: MFA/JSA Labor
Out of Scope: MFA/JSA Direct Expense
$2,000.00
$0.00
Task 3.0 - NEPA Document
Out of Scope: MFA/JSA Labor
Out of Scope: MFA/JSA Direct Expense
$5,000.00
$1,190.00
SUBTOTAL
$36,025.00
New Tasks
Task 1.1 - 240 N. Mt. Vernon HABS/HAER
Out of Scope: MFA/JSA Labor
Out of Scope: MFA/JSA DifectExpense
Out of Scope: Subconsultant
$2,500.00
$175.00
$2,000.00
Task 1.2 - Bridge HABS/HAER
Out of Scope: MFA/JSA Labor
Out of Scope: MFA/JSA Direct Expense
Out of Scope: Subconsultant
$2,500.00
$175.00
$2,000.00
SUBTOTAL
$9,350.00
GRAND TOTAL
$45,375.00
,
~
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
I ' 1" J 0 LIt
Meeting Date (Date Adopted): ~ Item #
Vote: Ayes 1,1 Nays
Change to motion to amend original documents 0
57 (1)
Resolution #
~f){)~.. 39q
Abstain
Companion Resolutions
Absent
Null/Void After: ~ 0 days /
Resolution # On Attachments: 0 Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Reso. Log Updated:
Seal Impressed:
o
o
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
1 st Reminder Letter Sent:
Date Returned:
Znd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached: Yes No By_
Updated Prior Resolutions (Other Than Below): Yes No By_
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634): Yes No By_
Updated CDC Personnel Folders (5557): Yes No By_
Updated Traffic Folders (3985, 8234, 655, 92-389): Yes No By_
Copies Distributed to:
Animal Control 0
City Administrator
~
EDA 0 Information Services 0
Facilities 0 Parks & Recreation 0
Finance 0 Police Department 0
Fire Department 0 Public Services 0
Human Resources 0 Water Department 0
City Attorney
Code Compliance 0 /
Deve~e~t Servic~_ [0'
Othe;s: r' U;;J-' ,
Notes:
Ready to File: _
Revised IZ/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 22, 2004
TO:
Mike Grubbs, Field Engineer
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-399
At the Mayor and Common Council meeting of December 20, 2004, the City of San Bernardino
adopted Resolution No. 2004-399 - Resolution approving Amendment No. 2 to Services
Agreement with Lim & Nascimento Engineering Corporation for Project Management of the Mt.
Vernon Avenue Viaduct over the BNSF Railroad.
Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain
signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please keep the fully executed copies for your
records and for the other party.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I hereby acknowledge receipt of the above mentioned documents.
Signed: tJ~~
Date:
f-'-"" f'-:--.::l /", .
I D '1,1" ,
" )! I..e_=: ' :~ .. ,.'
ULJ ,
Please sign and return
i)
, ..
: L
'--,Ii
" '
."
I..,'
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopte~: I )/)~! t V Item #
V ote: Ayes ( /' v f Nays
Change to motion to amend original documents 0
,
;)7(8 )
Resolution #
;;oOl/- Lf () (J
Abstain
Absent
Companion Resolutions
NulVVoid After: ~ 0
days /
Resolution # On Attachments: 0
Note on Resolution of attachment stored separately: 0
PUBLISH 0
POST 0
RECORD W/COUNTY 0
By:
Reso. Log Updated:
Seal Impressed:
o
o
Date Sent to Mayor:
Date of Mayor's Signature:
Date of Clerk/CDC Signature:
Date Memo/Letter Sent for Signature:
I st Reminder Letter Sent:
Date Returned:
2nd Reminder Letter Sent:
Not Returned: 0
Request for Council Action & Staff Report Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433,10584,10585,12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Yes No By_
Copies Distributed to:
Animal Control 0 EDA 0 Information Services 0
City Administrator ~// Facilities 0 Parks & Recreation 0
City Attorney Finance 0 Police Department 0
/
Code Compliance ~/ Fire Department 0 Public Services 0
Development Services Human Resources 0 Water Department 0
Others:
Notes:
Ready to File: _
Revised 12/18/03
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
December 22, 2004
TO:
Mike Grubbs, Field Engineer
FROM:
Eileen Gomez, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2004-400
At the Mayor and Common Council meeting of December 20, 2004, the City of San Bernardino
adopted Resolution No. 2004-400 - Resolution approving Amendment No. 1 to services
agreement with Myra 1. Frank/Jones & Stokes for provision of Professional Environmental
Services for the Design of the Mt. Vernon Ave. Viaduct over the BNSF Railroad.
Attached is one (1) original agreement with two (2) duplicate original agreements. Please obtain
signatures in the appropriate location and return the ORIGINAL agreement to the City Clerk's
Office as soon as possible, to my attention. Please keep the fully executed copies for your
records and for the other party.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Eileen Gomez
Senior Secretary
I ~erebY acknowledge r.::ceipt ofGove mentioned documents.
Signed: ~,.. m
n 11;:::J(0J, "".' n
I 'j.! -= ~; i ',::,1 ; \,:' i ~.. 'I'~,.dease sign and return
Date: I fI) - '-~ '- ,,,I L"
U ,.1
,~, ", '.; ~,'l
t,,:, .:~~'I~-;'.._~:~I'~