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HomeMy WebLinkAbout28-Public Services ., CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION From: Lynn Merrill, Director ORf~",~lAL Subject Resolution authorizing the Mayor to execute the Second Amendment to the Agreement between the City and Bryan A. Stirrat and Associates relating to closure and maintenance engineering services at the former Waterman Landfill Dept: Public Services Date: August 9, 2001 Council Meeting Date: August 20, 2001 Synopsis of Previous Council Action 12-16-96 08/07/00 Reso 96-380 Agreement between City and Bryan A. Stirrat Reso 2000-244 First amendment to agreement between City and Bryan A. Stirrat Recommended Motion: Adopt resolution ~#J Lynn Merrill Contact person: Lynn Merrill Phone: 5140 Supporting data attached: Ward: 1 FUNDING REQUIREMENTS: Amount: $6,353 Source: 527-415,5502 Professional/Contract Services ~~~ ~/aL / Finance Council Notes: 'Y~;U.Zc:6I'-Z<c Il 8~ Agenda Item No.~ CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION STAFF REPORT SUBJECT Resolution authorizing the Mayor to execute the Second Amendment to the Agreement between the Gty and Bryan A. Stirrat and Associates relating to closure and maintenance engineering services at the former Waterman Landfill. BACKGROUND The City of San Bernardino operated a sanitary landfill for Municipal Solid Waste between 1950 and 1960 on 19 acres ofleased private property along the south bank ofthe Santa Ana River. Landfill operations ceased in 1961 and the site was turned back over to the property owner. The site was adjacent to the former Tri-Gty airport. The Santa Ana Regional Water Quality Control Board issued a notification some years ago to Rancon Realty Fund IV, the current owners, and the Gty of the need to close the landfill in accordance with current standards. Because the Gty was the user of the facility for a landfill, the Water Board made a determination that the Gty is the responsible party. On December 16, 1996 the Mayor and Common Council approved Resolution 96-380 authorizing an agreement for professional services with Bryan A. Stirrat and Associates in the amount of $136,700 relating to the closure of the former Waterman Landfill to develop landfill closure plans. Since 1996, the Company has been performing a variety of engineering stUdies in order to comply with the closure and monitoring requirements of the Santa Ana Regional Water Quality Control Board. These services include testing of ground water and methane generation for constituents, development of various models to determine the potential for ground water contamination, and negotiations with the Water Board for the appropriate closure strategy, including identification of grading requirements and selection of cover materials. The purpose of this Second Amendment is to extend the termination date of the agreement between the Gty and Bryan A. Stirrat and Associates from August 16, 2001 to August 16, 2002. The preparation of the various studies, reports and documents and their subsequent review by the parties has taken longer than expected. The remaining work will be completed in the additional year and cost no more than the remaining balance of $6,353. Sufficient funding for the remainder of this contract was included in the FY01/02 Budget for this purpose. FINANCIAL IMPACT Funding for this extension was included in the FYOI-02 budget, Professional/Contract Services, account 527-415-5502 in the amount of $6,353. RECOMMENDATION Adopt resolution '- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 '-" ".- "-' Resolution No. RESOLUTION AUlHORlZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND BRYAN A. STIRRAT AND ASSOCIATES RELATING TO CLOSURE AND MAINTENANCE ENGINEERING SERVICES AT THE FORMER WATERMAN LANDFILL BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The Mayor of the City of San Bernardino is hereby authorized and directed to execute on behalf of said City a Second Amendment to the Agreement between the City of San Bernardino and Bryan A. Stirrat and Associates, copy of which is attached hereto, marked Exhibit "1" and incorporated herein by reference as fully as though set forth at length. SECTION 2. The authorization to execute the above referenced Second Amendment to the Agreement is rescinded if it is not executed within sixty (60) days of the passage of this resolution. I I I I I I I I I I I I I I I I I I I I IIIII I I I I I IIIII I I I I I IIIII IIIII IIIII I I I I I August 15, 200 1 YLo z <t ijZO/O/ ,- , \- ~ 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 .- '- 1 2 3 4 RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE THE SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY AND BRYAN A. STIRRAT AND ASSOCIATES RELATING TO CLOSURE AND MAINTENANCE ENGINEERING SERVICES AT THE FORMER WATERMAN LANDFILL 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 on the day of ,2001, by the following vote, to wit: Council Members: N<\Vs Abstain Absent Ayes ESTRADA LIEN McGINNIS SCHNETZ SUAREZ ANDERSON McCAMMACK Rachel Clark, City Oerk City of San Bernardino The foregoing resolution is hereby approved this day of , 2001. Approved as to form and Legal content; James F. Penman, City Attorney Judith Valles, Mayor City of San Bernardino BY: L- ?-~ o August 15,2001 2 .'_. SECOND AMENDMENT TO AGREEMENT "- THIS SECOND AMENDMENT TO AGREEMENT is made as of this day of , 2001, by and between BRYAN A. STIRRA T & ASSOCIATES, "Engineer" and the CITY OF SAN BERNARDINO "CITY". RECITAlS A. On or about January 16,1997 "ENGINEER" and the "CITY" entered into an Agreement for professional engineering services to prepare recommendations and a closure plan for a municipal landfill site located at VanderbiltlW atermanlSanta Ana River. B. "ENGINEER" and the "CITY" desire to enter into this Second Amendment in order to extend the term of the Agreement from its expiration on August 16, 2001 for a period of one (1) year. OPERATIVE PROVISIONS NOW, 1HEREFORE, in consideration of the foregoing Recitals, which Recitals are incorporated herein by reference, and of the mutual covenants contained herein, the parties hereto agree as follows: Paragraph 2 of the Agreement states the following: ... ... ... .."This Agreement shall expire as specified by the Exhibit "2" schedule (attached) unless extended by written agreement of the parties." .,- '- "CITY" agrees to a one (1) year extension to August 16,2002. Except as amended by the terms of this Second Amendment, the Agreement shall remain in full force and effect. IN WTINESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement betWeen BRYAN A. STlRRAT & ASSOCIATES. and the CITY OF SAN BERNARDINO for professional engineering services to prepare recommendations and a closure plan for a municipal landfill site located at VanderbiltlWatermanlSanta Ana River. CITY OF SAN BERNARDINO BRYAN A. STlRRAT & ASSOCIATES By: Judith Valles, Mayor By: ArrEST: Approved as to form and legal content: Rachel Clark, City derk JAMES F. PENMAN, City Attorney By: Ja-. 7. Ie---.. O. Exhibit "1" 0'''''''' "'- OFFICE OF THE CITY CLERK RACHEL G. CLARK, C.M.C. - CITY CLERK m P.O. Box 1318. San Bernardino. CA 92402 300 North "D" Street. San Bernardino. CA 92418-0001 909.384.5002. Fax: 909.384.5158 Business Registration Division: 909.384.5302 Passport Acceptance Facility: 909.384.5128 www.ci.san-bernardino.ca.lls August 28, 2001 Mr. Michael A. Cullinane Bryan A. Stirrat and Associates, Inc. 1360 Valley Vista Drive Diamond Bar, CA 91765 Dear Mr. Cullinane, At the Mayor and Common Council meeting of August 20, 2001, the City of San Bernardino adopted Resolution 2001-268 - Resolution authorizing the Mayor to execute the Second Amendment to the agreement between the City and Bryan A. Stirrat and Associates relating to closure and maintenance engineering services at the former Waterman Landjill. Enclosed is one (I) original agreement. Please sign in the appropriate location and return the original agreement to the City Clerk's Office, Attn: Michelle Taylor, P.O. Box 1318, San Bernardino, CA 92402, as soon as possible. Please retain a copy of the agreementfor your jiles. Please be advised that the resolution and agreement will be null and void if not executed within 60 days, or by October 19, 2001. If you have any questions, please do not hesitate to contact me at (909)384-5002. Sincerely, /! ., .' i. '.',' (. '- Michelle Taylor Senior Secretary Enclosure cc: Lynn Merrill, Public Services Director CITY OF SAN BERNARDINO ADOPTED SHARED VALUES: Integrity. Accountability. Respect for Human Dignity. Honesty , M~ itC(:FIVl:'l. :-'~'[ '( ('l :~-il" BRYAN A. BTIRRAT &. ASBOCIATES CIVIL AND ENVIRONMENTAL ENGINEERS .01 AUG 31 P12; 1 TRANSMITTAL lETTER . ,. TO: City of San Bernardino Michelle Taylor P.O. Box 1318 San Bernardino, CA. 92402 DATE: August 29,2001 ATTENTION: Michelle Taylor WE TRANSMIT BY: COURIER -.J MAIL OVER NIGHT HAND DELIVERY THE FOllOWING: Original Copy of our Agreement. FOR YOUR: APPROVAL INFORMATION PER YOUR REQUEST ,j FILE REV!EW USE REMARKS: BY' ~~2 P I Dickason Contract Administrator Enclosures 1360 Valley Vista Drive. Diamond Bar, CA 91765. [909] 860-7777. FAX [909] 860-8017 , CITY OF SAN BERNARDINO Interoffice Memorandum CITY CLERK'S OFFICE Records and Information Management (RIM) Program DATE: September 4,2001 TO: Lynn Merrill, Director of Public Services FROM: Michelle Taylor, Senior Secretary RE: Resolution 2001-268 - Agreement with Bryan A. Stirrat and Associates CC: Finance Attached is an executed copy of the agreement between the City of San Bernardino and Bryan A. Stirrat and Associates relating to closure and maintenance engineering services at the former Waterman Landfill. The original agreement is on file in the City Clerk's Office. If you have any questions, please call me at ext. 3206. , \ ** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT ** RESOLUTION AGENDA ITEM TRACKING FORM Meeting Date (Date Adopted): 2s'-dl,--('A Item # Vote: Ayes \ '-j-'1 Nays B , 2 K Resolution # ~OO I - 20 2 Abstain --6 Absent ,;;t'\ Change to motion to amend original documents: Reso. # On Attachments: ~ Contract term: --- Note on Resolution of Attachment stored separately: -=- Direct City Clerk to (circle I): PUBLISH, POST, RECORD W /COUNTY Date Sentto Mayor: c;, - z. Z - D \ Date of Mayor's Signature: 8 -Z-,,-c, I Date of Clerk/CDC Signature: <;; - L s-<0 \ NullNoidAfter:ioCl DA'15,,!IO-I'1-GI , By: -- Reso. Log Updated: Sea11mpressed: /- ,/ Date Memo/Letter Sent for Signature: 60 Day Reminder Letter Sent on 30th day: 90 Day Reminder Letter Sent on 45th day: See Attached: ../ Date Returned: 'is'-:.~ \-0 \ See Attached: See Attached: ls~;) ire, I 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): Copies Distributed to: City Attorney /' Code Compliance Dev. Services Parks & Rec. Police Public Services / Water Notes: Yes / No By Yes No-L By Yes No ..L By Yes No ..L By Yes No / B EDA Finance ./ MIS Others: BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc,) Ready to File: (/II Date: q -L\-b~ Revised 01/12/01