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HomeMy WebLinkAbout17-Development Services r.....,..""INAL Uh,v CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing execution of Amendment No. I to Professional Services Agreement with LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07- 14). Dept: Development Services Date: October 10, 2006 MCC Date: November 6, 2006 Synopsis of Previous Council Action: 12/20/04 Adopted Reso. No. 2004-391 awarding a contract to Gwinco Construction and Engineering, Inc., for Old Waterman Canyon Road Bridge Repair (SS05-11) in the amount of$141,991.76. Adopted Reso. No. 2006-145 approving Agreement for Professional Services with LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). Adopted 5- Year CIP for FY 2006/11 which included funding for design and construction of Old Waterman Canyon bridge replacement (SS07-14) 05/15/06 08/15/06 Recommended Motion: Adopt Resolution. f/ltWJ cf. ;&r Valerie C. Ross Contact Person: Michael Grubbs, Eng. Mgr./Field Engineer Phone: 5179 Supporting data attached: Staff Report, Reso., Amendment to Agreement Ward: 4 FUNDING REQmREMENTS: Amount: $25,917.00 Source: (Acc!. No) 129-367-5504-7671 Acct. Description: SS07-14 Old Waterman Canyon Bridge Replacement Finance: IJI~)D(' Agenda Item No. 17 Council Notes: Kcso ~QQ~- 3 7~ e CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subject: Resolution authorizing execution of Amendment No. I to Professional Services Agreement with LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). Background: On August 7, 2006, the Mayor and Common Council adopted the FY 2006/11 5-Year Capital hnprovement Program (ClP), which included a project to replace Old Waterman Canyon Bridge (SS07-14). This bridge is located on Old Waterman Canyon Road, approximately one mile northerly of Waterman Avenue (State Route -18). The bridge was severely damaged in a flood that occurred on December 25, 2003. Funding for repair of the bridge was approved by FEMA; however, before repairs could be started, a flood occurred on January 10,2005, and further damaged the structure. A federal disaster declaration (FEMA-1577-DR) was made for the San Bernardino area subsequent to the January 10, 2005 storm. FEMA reviewed the condition of the bridge and determined that repair of the bridge was not feasible and allocated funding for its replacement. .. On May 15, 2006, an Agreement for Professional Services in the amount of $224,621 was approved with .. LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14). In late May of 2006, Jones & Stokes, an environmental subcontractor to LAN Engineering, performed some preliminary surveys in the vicinity of the bridge and found evidence of suitable habitat for six special-status species. The environmental subconsultant recommended that focused surveys be conducted for the six species. Five of the special-status species are plants and one is an animal (Merriam's Kangaroo Rat). Jones and Stokes completed surveys for the five special-status plant species during the sununer months in order to avoid missing the window of opportunity. The Merriam's Kangaroo Rat survey remains to be completed and can only be conducted during a period of five-days with no rain and nighttime temperatures above 50 degrees. It is essential that this survey be completed this fall. Otherwise, it will have to be completed in the spring, which could delay construction by as much as 3 months. The need for these studies was not known at the time of award of the contract to LAN Engineering. Therefore, these focused surveys were not included in the original scope of work for the project. LAN Engineering is requesting an Amendment to its Agreement with the City for an additional $25,916.94 as compensation for the additional surveys. Staff feels this is a good price for the work. It is important that the subconsultant proceed with these focused surveys to avoid delay to the project. Under e the current schedule, stafffeels the project can begin construction in March of2007. 2 . CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT - Continued Approval of this Amendment No. I will allow the City to compensate the consultant for the 5 special-status plant surveys that have already been completed and authorize the consultant to proceed with the remaining survey for the Merriam's Kangaroo Rat. The funding expiration is August 4, 2008. All work must be completed and claims submitted before that date. Financial Impact: Funding for the LAN Engineering Corporation agreement in the amount of $224,621 is being funded 75% from FEMA ($168,466),18.75% from DES ($42,116), and 6.25% from City funds ($14,039). Funding breakdown for Amendment No. I will be as follows: FEMA - $19,437.71 (75%); DES - $4,859.43 (18.75%); City - $1,619.81 (6.25%). Adequate funding remains in Account No. 129-367-5504-7671 to cover the City's share in the amount of $1,619.81 (6.25%) the cost of this Amendment No.1. FEMA and DES will reimburse the remaining $24,297.13 (93.75%). Recommendation: . Adopt Resolution. Exhibits to Resolution: "A" - Amendment No.1 to Professional Services Agreement with LAN Engineering Corporation. Attachment 1 - Scope of Services and Fee for Focused Surveys. . 3 . e 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 e 1 2 3 4 5 6 7 8 9 10 11 RESOLUTION ",,0. RESOLLTION OF THE CITY OF SAN BER]\;ARDINO APPRO\T'iG AMENDMENT NO. I TO AGREEMENT FOR PROFESSIONAL SERYICES WITH LAN ENGINEERING CORPORATION TO PROYIDE ENGINEERING SERVICES FOR THE DESIGN OF OLD WATERMAN CANYON BRIDGE REPLACEMENT (SS07- 14). WHEREAS, on May 15, 2006, the Mayor and Common Council adopted Resolution No. 2006-145 appro\.ing Agreement for Professional Services with LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (5507-14). THEREFORE, BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BER'\'ARDINO AS FOLLOWS: 12 SECTION 1. That the Mayor is authorized to execute Amendment No. I to the Agreement for Professional Services with LAN Engineering Corporation to provide Engineering Services tor the Design of Old Waterman Canyon Bndge Replacement (5507-14) (attached and incorporated herein as Exhibit "A"). 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 of such full execution. No oral agreements, amendments, modifications or waivers are intended 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. III III III - I - 'iLD. /1 (/ 1ft /0 e e e 1 2 3 4 5 RESOLVTION ... APPROVING AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH LAN ENGINEERING CORPORATION TO PROVIDE ENGINEERING SERVICES FOR THE DESIGN OF OLD WATERMAN CANYON BRIDGE REPLACEMENT (SS07-14). I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 6 Common Council of the City of San Bernardino at a meeting thereof, held 7 on the day of , 2006, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 ESTRADA 10 BAXTER 11 12 13 14 15 JOHNSON VACANT DERRY KELLEY 16 MC CAMMACK. 17 18 I 19 20 City Clerk The foregoing resolution is hereby approved this day of ,2006. 21 22 23 Patrick J. Morris, Mayor City of San Bernardino Approved as to form: 24 JAMES F. PENMAN, 25 City Attorney 26 27 28 III lLkZ(~ - 2 - Exhibit "A" e AMENDMENT NO.1 TO AGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT is entered into this _ day of , 2006, between LAN Engineering Corporation ("Consultant") and the City of San Bernardino ("City)." WITNESSETH: A. \YHEREAS, the Mayor and Common Council of City adopted Resolution No. 2006-145 approving Agreement for Professional Services with LAN Engineering Corporation to provide Engineering Services for the Design of Old Waterman Canyon Bridge Replacement (SS07-14), and, B. WHEREAS, Consultant has requested an amendment to said Agreement for Professional Services; and, C. \VHEREAS, City concurs that the work proposed in the amendment was not included in said Agreement for Professional Services. NO\VTHEREFORE, the parties hereto agree as follows: 1. Section I of said Agreement for Professional Services is amended to include focused surveys e for six special-status species in accordance with the proposal entitled "Proposal for Additional Environmental Services, Watern1an Canyon Road Bridge Replacement," dated October 7,2006 (attached and incorporated herein as Attachment "1 "). 7 Section 5(A) of said Agreement for Professional Services is amended to read as follows: A) The City shall reimburse the Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in performance of the work under terms of the Agreement for Professional Services, in an amount not to exceed 5224,621.00, except that reimbursement shall not include courier services, mileage or reimbursement for travel to the City to attend meetings or conduct the activities. Actual costs shall not exceed the estimated wage rates and other costs as set forth in the Proposal. In addition, the City shall reimburse the Consultant for actual e costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in the performance of work involved in conducting ,- . . . Exhibit "A" Amendment ;-.Jo. 1 to Agreement for Professional Services - LAN EngmeerIng Corporation Page 2 of3 focused surveys in the vicinity of the site for six special-status species identified in Attachment I, in an amount not to exceed $25,916.94. 3. All other terms and conditions of said Agreement for Professional Services approved by Resolution No. 2006- ] 45 shall remain unchanged. /// III I;,' e e e Exhihit "A" Amendment ~o. I to Agreement for Proiessional Senices - LA~ Engineering Corporation PJge 3 01'3 AMENDMENT NO.1 TO AGREBlENT FOR PROFESSIOl\'AL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown kim", Date: by: Date: by: ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City tomey LAN ENGINEERING CORPORATION Signature Print Name/Title CITY OF SAN BERNARDINO Patrick J. l\101Tis Mayor . e e. 10/05/2005 15:21 9098900057 L:M & NASCIMENTO ENG PAGE 02 A TT ACH:\IE:\T "I" lIM & NASCiMeNTO ENGINEERING CORPORATION W4 October 7, 2006 Mr. Michael Grubbs City of San Bernardino 300 North "0" Street San Bernardino, CA 92418 Sub/ect: Proposal for Additional Envlronmental Services Waterman Canyon Road Bridge Replacement Project Dear Mike: In accordance with the project initiation dlsctJsslons, LAN's environmental subconsultant, Jones and Stokes, conducted an inilial habitat evaluation in May 2006 and identified suitable habitat for five plant species and one animal species. Since the eldent of the focused surveys could not be determined until a habitat evaluation is performed, the focused surveys were not Included in the original cost proposel. An amendment to the contract Is required to perform the focused surveys for the Special Status Plants and San Bernardino Merriam's Kangaroo Rat. The additional fee to perform the surveys and prepare the reports is $25,925. Please process the amendment request to authorize the additional environmental services for the focused surveys. The Scope of Additional Services is attached. Should you have any questions or require any additional information, please feel free to contact me at (909) 890-0477, eldenslon 301. Very Truly Yours, Um & NascImento Engineering Corp. Edward Ng, P.E. Project Manager 1887 Buslne" Center Drive. Suite 6 san Bemanlino. ell 92408 (108)890.0477 Fax (909) 890-0467 . e . 10/05/2006 15:21 9098900467 LIM & NASCIMENTO ENG PAGE 03 A TT ACH:\IE:\T "1 " Waterman CanyoD Road Bridge Scope aDd COli Ameadmen' for Focu.ed Survey. Ma y 14, 1006 Ba.ed on an initial babita. evaluabon that wa. conducted in May 2006, it was identified that the Wa.erman Canyon Road Bridge ptojcct site contains suitable habitat for SIX spec.es. These include five plant and one animal specie.. It is recommended tbat focused surveys be conducted for these species, wluch are included in lblS scope and cost am<ndment. Focused survey work fO[ any other species IS not assumed or included in thIS scope and cost amendment. Task 1: Foe.sed Survey for Special-Status Plants A qualified biologist will conducl a focused sutvey for the special-S1a.u. plan. species that have been determined to have al1east reasonable lIkeUhood of OCCWTence. The worle fO[ this tasle WIll address the entire project site (u."",ed to be lbe area identified in the file PIA 060509 Rev 3.doc, as provided by LAN Engineenng in an e-mail dated May 9. 2006) alone with a buffer of 100 feet a. accessible (hereafter the ".tudy ar.a"). It is assumed that legal acc... to all portions of rhe study area Mil be obtained and provided by the City of SID Bernardino (City) The 5 target specie. are: Plummer's Mariposa Lily (Calocho."" plummerae), Slender-bomed Spine flower (Dodecohe",o leplocorfJS). Me.a Horkelia (HoTke/io cuneala),Robinson's pepper-grass (Lepidium Vlrgini""m Tobinsonil), and Chapanal Sand- yerbena (A.bTonio villoso oUTlla). No special permits lIle required for this work. The blOlogisl will carefully and systematically examine the entire sludy lItea for the relevant tugel species 00 each complete survey vlsil. The bolanist wJil bave tbe experience and qualifications to locate and identify eacb of the IlIlllet species. Survey. will be floristic in nature and for each site visit a complete bst of plants delecled will be compiled. The location of all detected special-status species will be recorded using a GPS (global positionillg system) unit aod mapped at a scale dependeDt upon lbe mappinll base available from the client. When feasible, all identifiable individual. will be counted in eacb special-status plant population mapped; otherwISe. eacb population wJil be evaluated as \0 .ize and estimated density (e.g.. stern count.). Focused plant survey tirmng is dependent on the par\SCulllt .pecial-status speCIes found 10 have potential on tlte project .ite and the weather in lbe porticuw year wben the llItvey is conducted Eacb species ba. a .e..onal wmdow within whicb .urveys can be reliably perfOlmed in mosl years. For eacb spec.es, ihe survey timing must be sucb tbal negative results reliably indicate the absence of ihe species and thus rule out Ibe possibility thaI the species was overlooked due to early or late growth 0[ blooming. It .hould be lDIderslood that dependillg on annual weather and local conditioD9, nellative results for focused plant survey. wJil not alway. be reliable as a basis to conclude ihat there is no reasonable potential for the larget species 10 occur. The consuUant will nol be responsible if such conditions. beyond reasonable control of lbe consultant, prevent a conclusion lbal one or more of the species bas no re..onable pOlential to occur. The 9Ur'Vey for this ta9k. on this !iite, in this year, is anticipated to require four (4) visits within lbe penod from lale May througb the end of August. TIlls lask includes a standard-format co",ultiDll report. II will provide a tide page, table of contents. and section. addressing the followin&: introduction. existing conditions, background information (informarion on relevant biology and regulations). methods (including dales and conditions of each site visit and required pennil infOlmation), results. conclusions and recommendations, and a list of all cited references. The conclusions and recommendalions MIl include a short .ummary as well as brief reclllllll1endalions on options for permitting. mitigation, or further work as appropriale. All special-status specie. identified during lbe coune of the work will be listed. and a complete list of detected plant species will be included. GraphICS for rhe r<pOll will include a vicinily map. survey results. __ __10/05/2ee6 15:21 9098900467 LIM & NASCIMENTO ENG PAGE 04 A TTACHME:'\T "1 " tit and color pbotoifapbs a. appropriate Up to three (3) coptes of the draft and fi.e (5) copies of the final report wiD be provided to the client. It is assumed thaI tItc City wiD revtOW tItc draft report and proVlde one set of integrated comments. This la.k and rbe Cost Estimate include budget .sufficient for nne thorough revision to tl1e draft (initial) report based nn City comments. Furtl1er reVISIons wtll be at Ibc discretion of 10nes &. Stokes Associates, and tl1e ellY ltlust request all revisiOllS wilhio 90 days of the dale of the draft report. Dellverobl05: . Draft survey report - 3 hard eoples . FlUal survey report - 5 hard copies Ta.k 2; Focused .urvey for San Beraardlno Ment.m's Kucaroo Rat A q ualilied biologist will conduct a focused survey to determine presence or absence of San Bernardino Merriam's Kansaroo Rat (Dipodomys mernD1l1i pa,vus). The work for this task ..-iU address all potentially suitable habitat for this spec.es within the project site (assumed to be the area identified in the file PIA 060509 Rev 3.doc, as provided by LAJII Engineering in an e-mail dated May 9, 2006), alona with a buffer of 100 feet as accessible (hereafler tl1e "study area"). It is ..sumed that legal aece.. to all portIon. of the study area will be obtained and provided by the City. Methods for this work will follow appbcable pennit requirements Work will include small mammal trappins suitable to detect the taraet species and will be conducled under suitable condilions on five (5) nights. Locations of trap line start and end points, and all positive detecuons of the target specie., WIll be recorded using a OPS (global positioning system) unit and mapped at a .cale dependent upon the mappmg base available from the chenl. tit This task includes a standard-format consulting report. It will provide a title page, table of contents, and sections addressing the following: introduchon, existing conditions, backifound information (Informatinn on relevant bIology and regulalions), methods including dates and condilion. of eacb site visit and required permit information, results, concluSIon. and recommendations. and a list of all cited references. The conc:lusiOJl! and reeoznmendations will include a shan summary a9 well as brief recommendations on options for permitting, mitigation, or further work as appropriate. All special-statu. .peeies identified during the course of the work will be listed, and a complete list of deltcled wildlife species will be included. Graphics for the report will include a vicmity map, .urvey results, and color photographs as appropriate. Up to three (3) copies of the draft and five (5) copie. oflbc fmal report will be provided to the client. II is a..umed that the City will review the draft report and provide one set of integrated comments. This ta.k and the Cost Estimate include budget sufficient for one thorouSh revision to the draft (initial) report. Further revisions win be at the discretion of Jnne. & Stokes A..ociates, and the client must request all revision. within 90 days of the date of Ihe draft report. Deliverable" . Draft survey report - 3 hard copies . Final survey report - 5 hard eopie. tit e . ~ . ~ , U> "C . . z , 0 0 0 ... - ;,; fo- 0> <( :!2 a:: cD 0 "C . i:o. 0 0: a:: 0 e .... 0 "" ~ u 0 . " 0 0 z . ffi E . .. r;;;l ;: Z ~ - ~ " . Z ~ r;;;l . w Z 1;; <( 0 0 -l . :E . >- e ~ '" ro . '" " ~ >- <l: 0>. ~, N '" . '" '" '" '" '" U . '" ~ '" '" '" . '" ~ 0; '" ~ ~ 0 . N ~ '" '" ~ is ~ M oo "'. oo '" . '" '" '" M w ;0 '" .... '" ~ ~ '" ~ 15 ro .... ~ ;0 " "0 ,,; M N . .. ;0 -' >- N N '" ~~ .... '" " ~ oo . "0 ~f~ ~ 0> ~ :E ~ 0 , ;0 J: U> = . 0 to: <0 ;! ~ '" in .... M ~ ;; .0 0 ~ " '" . ~ M .2 (j <( '" <0 U '" , .....i...... 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