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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
File: SS04-12
Subject: Resolution authorizing the
execution of Amendment No.4 to Services
Agreement with Lim & Nascimento
Engineering Corporation for Professional
Civil Engineering Project Management
Services for management of the design of
the Mt. Vernon Avenue Viaduct over the
BNSF Railroad (SS04-12).
From: Valerie C. Ross, Director
Dept: Development Services
Date: September 25, 2008
MCC Date: 10-20-08
Synopsis of Previous Council Action:
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 Um &
Nascimento Engineering Corporation for Project Management of the Mt. Vernon Viaduct
over BNSF Railroad.
12-20-04 Resolution No. 2004-399 adopted approving Amendment NO.2 to Agreement with Lim &
Nascimento Engineering Corporation for Project Management of the Mt. Vernon Viaduct over
BNSF Railroad and Resolution No. 2004-400 adopted approving Amendment No. I with
Jones & Stokes for additional environmental services for the Mt. Vernon viaduct over the
BNSF Railroad.
09-17-07 Resolution No. 2007-382 adopted approving Amendment No.3 to Agreement with Lim &
Nascimento Engineering Corporation for Project Management of the Mt. Vernon Viaduct over
BNSF Railroad.
Recommended Motion:
Adopt Resolution.
~ C 721#-
Valerie C. Ross
Contact person: Robert Eisenbeisz, City Engineer
Staff Report, Resolution,
Supporting data attached: Agreement & Exhibit A
Phone:
5203
Wards:
1&3
FUNDING REQUIREMENTS:
Amount:
$ 40.740
Source: (Acct. No.) 242-362-5504-7121
Acct. Description: Mt. Vernon Grade Separation at BNSF (SS04-1 ?)
&::;0 2008- '105
Finance:
Agenda Item No. 13
'#to ...,. ALl.
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution authorizing the execution of Amendment No.4 to Services Agreement with Lim &
Nascimento Engineering Corporation for Professional Civil Engineering Project Management
Services for management of the design of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad (SS04-12).
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 advisor 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.
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 an expanded role as Project Manager.
Mr. Nascimento has performed extremely well as the Project Manager. Based on his
recommendation, Myra L. Frank & Associates, Inc. (now known as Jones & Stokes, 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. was retained to complete a solid team of environmental specialists, structural
engineers and civil engineers.
On April 22, 2004, Caltrans initiated an in-depth "fracture critical" steel inspection on the Mt.
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.
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.
2
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
On June 3, 2004, Caltrans issued a final inspection report on the Mt. 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.
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.
The shoring was installed and the bridge was reopened to traffic on October 4, 2004 with load
limit restrictions on commercial trucks.
On July 6, 2004, Amendment No.1 to Services Agreement with Lim & Nascimento Engineering
Corporation was approved, increasing the contract amount by $74,918 for expanded project
management duties. These expanded duties consisted of implementing a new requirement by the
BNSF Railroad for two new sets of tracks to act as detour tracks during construction and to
remain in place after construction. This new requirement resulted in a need to lengthen the
bridge by approximately 250 feet in order to provide the required 24 feet of clearance over the
new tracks. This new requirement introduced a delay of about 6 months in the processing of this
project and required a rework of the NEPA documents that had been previously been submitted
to Caltrans.
On December 20, 2004, Amendment No.2 was approved in the amount of $55,700 to the
Agreement with LAN Engineering to assist the City through the environmental clearance process
(including responding to reviews by Caltrans and FHW A) and complete the preliminary
engineering (including bridge demolition and construction staging plans) for the project. Also,
additional services not previously known were needed to coordinate the new requirement by the
BNSF Railroad for two new sets of tracks to act as detour tracks during construction and to
remain in place after construction.
On September 17,2007, Amendment No.3 was approved in the amount of $92,100 to the
Agreement with LAN Engineering for additional work required due to the enactment of new
legislation requiring a Value Analysis (V A) for local projects receiving federal funds and
exceeding $20,000,000 in cost. V A's had previously been required only on internal Caltrans
projects; however, this new legislation expanded the requirement to local projects receiving
federal funds. The format and content for V A' s are set by Caltrans and generally provides for an
independent look at the project to assure that a better alternative has not been overlooked. LAN
Engineering retained the specialized firm of Value Management Strategies and the Value
Analysis was completed in April of2008.
Also, BNSF Structure Design group had requested that alternative staging be studied, which was
not included in LAN's original Agreement or previous Amendments.
The revised estimated total cost of the project is approximately $40,696,250 of which 88.53%
may be reimbursable from the Federal Highway Administration (FHW A) under the Highway
Bridge Program (HBP). We estimate that the matching share ofthe cost to qualify for HBP
3
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
funding will be $4,667,900 (11.47% of the bridge cost). BNSF's fair share of the cost could be
as high as 10% of the bridge cost or $4,069,700. Additional sources of funding could be from
Proposition IB, SANBAG, and other federal sources.
Mt. Vernon Bridge has a sufficiency rating less than 50 and has been deemed to be structurally
deficient and functionally obsolete. However, that does not mean the bridge is unsafe.
The bridge, with the shoring in place, is deemed safe for use by passenger cars and light trucks.
A cul-de-sac has been constructed at the intersection of Fourth Street and Mt. Vernon Avenue in
part to discourage trucks from the BNSF yard from crossing the bridge.
On June 6, 2008, Caltrans informed the City that additional cracks and evidence of web buckling
had been discovered in girders at Span 6 adjacent to Bent 7 near the south end of the bridge. An
item has been placed on the agenda to award a contract to Skanska USA Civil (formerly Yeager-
Skanska) to install additional shoring at that location. That work is expected to be completed by
the end of October 2008.
Morris Engineering, Inc., the original designer of the shoring, completed an inspection of the
existing bridge shoring on June II, 2008. Morris Engineering determined that the shoring is
continuing to function as designed in June of 2004 and has not suffered any significant
deterioration during its four years of service. Some minor tightening of wedges was required,
however, Mr. Morris was able to accomplish that tightening during his inspection.
On September 2, 2008, Ordinance No. MC-1283 was adopted amending San Bernardino
Municipal Code Section 10.24. I 90(a) to prohibit all commercial vehicles except for commercial
pickup trucks, vans, and passenger cars on Mt. Vernon Avenue between 5th Street and 2nd Street
(Mt. Vernon Avenue bridge). This action was taken to slow the deterioration of the bridge, which
has been occurring due to heavy truck loads.
On September 18, 2008 LAN Engineering submitted a letter (copy attached) requesting
Amendment No.4 to its Agreement for Professional Services and requesting an additional not to
exceed fee of $40,740 to continue project management and support services through approval of
the environmental document. LAN Engineering has indicated that the contract amendment is
needed to resolve unanticipated Caltrans issues and additional coordination with the BNSF
Railway. Additionally, revisions to the staging/scheduling plans have been necessary to reflect
comments from the Value Analysis study. Staff concurs that LAN's request is due to
requirements of Caltrans, the VA Study and the BNSF Railroad that could not have been
anticipated earlier. Staff is also requesting that LAN facilitate monthly Project Development
Team (PDT) meetings with Caltrans in order to expedite the approval process and maintain the
project schedule.
The environmental documents for the bridge replacement project are expected to be certified in
September of 2009, and start of construction is expected by January 2011. A concerted effort by
the City, LAN Engineering and Caltrans will be required for this schedule.
4
CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
Financial Impact:
88.53% percent of the cost of these Amendments to Agreements with Lim & Nascimento and
Jones & Stokes Associates will be reimbursable from a combination of Highway Bridge Program
(HBP) funds and Seismic Retrofit Funds, subject to the City providing the 11.47% percent
matching funds.
The following is a summary of costs for the subject Agreement with LAN Engineering:
. Purchase Order for Project Management Services. . . . . . . . . . . . . ... $ 24,650.00
. Agreement for Project Services approved by MCC . . . . . . . . . . . . .... 49,000.00
. Amendment No. I to Agreement for Professional Services. . . . . . . . .. 74,918.00
. Amendment No.2 to Agreement for Professional Services. . . . . . . . .. 55,700.00
. Amendment No.3 to Agreement for Professional Services. . . . . . . . .. 92,100.00
. Amendment No.4 to Agreement for Professional Services. . . . . . . . .. 40,740.00
Grand Total. . . . . . . . . . . . $ 337,108.00
Sufficient funds are available in the FY 08/09 Budget under Account No. 242-362-5504-7121
"SS04-12 Mt. Vernon Bridge."
Recommendation:
Adopt Resolution.
Attachments:
"I" - Letter from LAN Engineering (dated 09/08/08)
"2" - Resolution
5
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RESOLUTION NO.
cco~r
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO. 4 TO SERVICES AGREEMENT WITH LAN ENGINEERING
3 CORPORATION FOR PROVISION OF PROFESSIONAL PROJECT MANAGEMENT
4 SERVICES FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE
BNSF RAILROAD.
5
6
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
7
SECTION 1. That the City Manager is authorized to execute Amendment No.4 to the
8
Services Agreement with LAN Engineering Corporation for provision of professional project
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management services for the design of Mt. Vernon Avenue Viaduct over the BNSF Railroad
11 (attached and incorporated herein as Exhibit "A").
12 SECTION 2. That the Director of Finance is authorized to augment the purchase order
13 in a total amount not to exceed $40,740.
14
SECTION 3. This Amendment NO.4 shall not take effect or become operative until
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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 4. This resolution is rescinded if the parties to the contract fail to execute it
within sixty (60) days of passage of the resolution.
III
10 -;lcJ-Cl8
.:#/3
. I .
1 RESOLUTION... APPROVING AMENDMENT NO. 4 TO SERVICES
AGREEMENT WITH LAN ENGINEERING CORPORATION FOR PROVISION OF
2 PROFESSIONAL PROJECT MANAGEMENT SERVICES FOR THE DESIGN OF THE
3 MT. VI!,RNON AVE. VIADUCT OVER THE BNSF RAILROAD.
4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
meeting thereof, held
5 Common Council of the City of San Bernardino at a
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on the
day of
, 2008, by the following vote, to wit:
Council Members:
ABSTAIN
AYES
NAYS
ABSENT
ESTRADA
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10
11 BRINKER
BAXTER
12 DERRY
13 KELLEY
14 JOHNSON
15 MC CAMMACK
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City Clerk
The foregoing resolution is hereby approved this
day of , 2008.
Patrick J. Morris, Mayor
City of San Bernardino
Approved as to form:
JAMES F. PENMAN,
City Attorney
~ -:; re~
- 2-
Exhibit "A"
AMENDMENT NO.4 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this _ day of , 2008, between Lim
& Nascimento Engineering Corporation ("Contractor") and the CITY OF SAN BERNARDINO
("City)".
WITNESSETH:
A. WHEREAS, on March 15, 2004, the Mayor and Common Council of City
adopted Resolution No. 2004-73, approving a Services Agreement with
Contractor for Professional Civil Engineering Project Management Services for
management of the design of the Mt. V ernon Avenue Viaduct over the BNSF
Railroad; and,
B. WHEREAS, on July 6, 2004, the Mayor and Common Council of City adopted
Resolution No. 2004-215, approving Amendment No. I to Services Agreement
with Contractor for Professional Civil Engineering Project Management Services
for management of the design of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad; and,
C. WHEREAS, on December 20, 2004, the Mayor and Common Council of City
adopted Resolution No. 2004-399, approving Amendment No.2 to Services
Agreement with. Contractor for Professional Civil Engineering Project
Management Services for management of the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad; and,
D. WHEREAS, on September 17, 2007, the Mayor and Common Council of City
adopted Resolution No. 2007-382, approving Amendment No. 3 to Services
Agreement with Contractor for Professional Civil Engineering Project
Management Services for management of the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad; and,
E. WHEREAS, City has requested additional services not covered in said Services
Agreement, Amendment No. I, Amendment No.2 or Amendment 3; and,
F. WHEREAS, Contractor is agreeable to providing said additional services subject
to approval of proposed Amendment No. 4 to said Services Agreement (see
Attachment "A")' and
, ,
G. WHEREAS, Contractor has provided the most advantageous and best proposal
for the provision of said additional services.
NOW THEREFORE, the parties hereto agree as follows:
I. Section I of said Services Agreement is amended to read as follows: Contractor shall furnish
Professional Civil Engineering Project Management Services for management of the design
of the Mt. Vernon Avenue Viaduct over the BNSF Railroad, in accordance with the attached
Exhihit "A"
Amendment No.4 to Services Agreement -Urn & Nascimento Engineering Corporation
Page 2 of3
proposal from Contractor, dated September 18, 2008, 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 $40,740.00. for
a total not-to-exceed amount as follows:
a) Staff approved Purchase Order (less than $25,000) . . . . . .. $24,650.00
b) Services Agreement approved per Reso. No. 2004-73 . . . .. 49,000.00
c) Amendment No. I to Services Agreement. . . . . . . . .. . . . .. 74,918.00
d) Amendment No.2 to Services Agreement. . . . . . . . . . . . . .. 55,700.00
e) Amendment No.3 to Services Agreement.................. . . . . .92,100.00
f) Amendment No.4 to Services Agreement (this request). . . . . .40.740.00
Total not-to-exceed amount. . . . . . . . . . . . . .$337,108.00
· Subject to division of costs as identified in Attachment A.
3. All other terms and conditions of the original Services Agreement, Amendment No.1,
Amendment No.2 and Amendment No.3 as approved by Resolution Nos. 2004-73, 2004-
215,2004-399 and 2007-382, respectively, shall remain unchanged.
III
III
Exhibit "A"
Amendment No.4 to Services Agreement -Lim & Nascimento Engineering Corporation
Page 3 of3
AMENDMENT NO.4 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
LIM & NASCIMENTO ENGINEERING
CORPORA nON
Date:
by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Date:
by:
Mark F. Weinberg
Interim City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
JAMES F. PENMAN,
City Attorney
By:
ATTACHMENT "A"
LIM & NASCIMENTO ENGINEERING CORPORATION
IAN
Thursday, September 18, 2008
Mr. Robert Eisenbeisz
City Engineer
City of San Bernardino
300 N. "0" Street, 3rd Floor
San Bernardino, CA 92418
Subject: Mount Vernon Avenue Bridge
Replacement Project
Supplemental Request No.5 (City Amendment No.4)
Dear Mr. Eisenbeisz:
On September 25, 2003, the City retained LAN Engineering to perform Civil Engineering
Project Management/Coordination Services for the Mount Vernon Avenue Bridge
Project. Originally the role was envisioned to provide a Senior Project Manager to
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. On October 1, 2004, LAN requested additional budget
(no. 3) to cover additional scope in the amount of $55,700.00 bringing the total to
$204,268.00. On May 18, 2007, LAN requested additional budget (no. 4) to cover
additional scope in the amount of $92,100. The City approved all four supplements.
Working together with the City, Caltrans, FHWA and BNSF, progress has continued to
be made. Principal achievements include preparing funding paperwork, preparing
staging and scheduling plans for use with the railroad, coordination with Caltrans Local
Assistance and Headquarters, organizing and implementing a Value Analysis Study,
oversighting the City's environmental consultant which resulted in the approval of the
Finding of Adverse Effect, submittal and partial approval of the Memorandum of
Agreement and lastly submittal of the Environmental Assessment to Caltrans.
In the process of the above work, LAN has expended nearly its budget. In view of the
above, we are requesting additional funds to allow us to complete additional
coordination with Caltrans on funding and continuous oversight reviews of the
Environmental Assessment and its Technical Studies. In addition, it has been
expressed that the City would like to continue Project Development Team meetings.
Lastly, revisions to the staging/scheduling plans are necessary to reflect comments from
the Value Analysis Study.
We understand the City is poised to retain a PS&E design team and therefore assume
that our role as Project Management support should be complete once we resolve the
pending issues of Funding and the Environmental Document.
IIN
ATTACHMENT "A"
LIM & NASCIMENTO ENGINEERING CORPORATION
I#N
Scope of Services
The following is a detailed description of our Scope of Services.
Proiect ManaaementlCoordination
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, Jones & Stokes and other members of
the design team as needed to develop the project.
Meetinas
Call, hold, and lead project team meetings as needed.
Railroad Enaineerina / BNSF Coordination/Aareements
Revise alternative staging/scheduling plans for the demolition and reconstruction of the
Mount Vernon
Environmental Proiect ManaaementlCoordination
Coordination between Caltrans Environmental and Jones and Stokes, which includes
following up on reviews and submittals, and other tasks as necessary that would be
required when processing an environmental document through the Local Assistance
process. Quality Control/Quality Assurance (QC/QA) review prior to documents being
submitted to Caltrans, which would ensure that the submittal would be complete and
uses appropriate Caltrans format.
Fee Proposal
LAN proposes to perform the above civil engineering services on a time and material
basis, for a fee not to exceed $40,740 without prior authorization from the City. This is
an on-call, as-needed effort.
Person Hrs Rate/Hr Subtotal
William Nascimento, PE, SE 48 $175.00 $ 8,400
Alicia Colburn 230 $110.00 $ 25,300
Todd Dudley 32 $ 130.00 $4,160
Ray Andresek 32 $90.00 $2,880
Total
$ 40,740
This additional supplement brings the total cost to $337,108.00
IIN
ATTACHMENT "A"
LIM & NASCIMENTO ENGINEERING CORPORATION
IMI
If you have any questions or wish to discuss this in greater detail, please feel free to
contact me at (949) 357-9015
Sincerely,
LAN Engineering Corp.
~!d.~
G. J. William Nascimento, PE, SE
GJN/gjn
1M
AMENDMENT NO.4 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this _ day of , 2008, between Lim
& Nascimento Engineering Corporation ("Contractor") and the CITY OF SAN BERNARDINO
("City)".
WITNESSETH:
A. WHEREAS, on March IS, 2004, the Mayor and Common Council of City
adopted Resolution No. 2004-73, approving a Services Agreement with
Contractor for Professional Civil Engineering Project Management Services for
management of the design of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad; and,
B. WHEREAS, on July 6, 2004, the Mayor and Common Council of City adopted
Resolution No. 2004-215, approving Amendment No. I to Services Agreement
with Contractor for Professional Civil Engineering Project Management Services
for management of the design of the Mt. Vernon A venue Viaduct over the BNSF
Railroad; and,
C. WHEREAS, on December 20, 2004, the Mayor and Common Council of City
adopted Resolution No. 2004-399, approving Amendment No.2 to Services
Agreement with. Contractor for Professional Civil Engineering Project
Management Services for management of the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad; and,
D. WHEREAS, on September 17,2007, the Mayor and Common Council of City
adopted Resolution No. 2007-382, approving Amendment No. 3 to Services
Agreement with Contractor for Professional Civil Engineering Project
Management Services for management of the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad; and,
E. WHEREAS, City has requested additional services not covered in said Services
Agreement, Amendment No. I, Amendment NO.2 or Amendment 3; and,
F. WHEREAS, Contractor is agreeable to providing said additional services subject
to approval of proposed Amendment No.4 to said Services Agreement (see
Attachment "A"); and,
G. WHEREAS, Contractor has provided the most advantageous and best proposal
for the provision of said additional services.
NOW THEREFORE, the parties hereto agree as follows:
I. Section I of said Services Agreement is amended to read as follows: Contractor shall furnish
Professional Civil Engineering Project Management Services for management of the design
of the Mt. Vernon Avenue Viaduct over the BNSF Railroad, in accordance with the attached
Exhihit "A"
Amendment No.4 to Services Agreement -Lim & Nascimento Engineering Corporation
Page 2 of3
proposal from Contractor, dated September 18, 2008, 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 $40,740.00* 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. . . . . . . . . . . . . .. 55,700.00
e) Amendment No.3 to Services Agreement.................. . . . . .92,100.00
f) Amendment No.4 to Services Agreement (this request). . . . . .40,740.00
Total not-to-exceed amount. .. .. .. .. . . . . .$337,108.00
*Subject to division of costs as identified in Attachment A.
3. All other terms and conditions of the original Services Agreement, Amendment No. I,
Amendment No.2 and Amendment No.3 as approved by Resolution Nos. 2004-73, 2004-
215,2004-399 and 2007-382, respectively, shall remain unchanged.
III
III
Exhibit "A"
Amendment NO.4 to Services Agreement -Lim & Nascimento Engineering Corporation
Page 3 00
AMENDMENT NO.4 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
LIM & NASCIMENTO ENGINEERING
CORPORA nON
Date:
by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Date:
by:
Mark F. Weinberg
Interim City Manager
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
JAMES F. PENMAN,
City A omey
J.
- fO c..:..-.
ATTACHMENT" A"
LIM & NASCIMENTO ENGINEERING CORPORATION
IMI
Thursday, September 18, 2008
Mr. Robert Eisenbeisz
City Engineer
City of San Bernardino
300 N. "D" Street, 3rd Floor
San Bernardino, CA 92418
Subject: Mount Vernon Avenue Bridge
Replacement Project
Supplemental Request No.5 (City Amendment No.4)
Dear Mr. Eisenbeisz:
On September 25, 2003, the City retained LAN Engineering to perform Civil Engineering
Project Management/Coordination Services for the Mount Vernon Avenue Bridge
Project. Originally the role was envisioned to provide a Senior Project Manager to
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. On October 1,2004, LAN requested additional budget
(no. 3) to cover additional scope in the amount of $55,700.00 bringing the total to
$204,268.00. On May 18, 2007, LAN requested additional budget (no. 4) to cover
additional scope in the amount of $92,100. The City approved all four supplements.
Working together with the City, Caltrans, FHWA and BNSF, progress has continued to
be made. Principal achievements include preparing funding paperwork, preparing
staging and scheduling plans for use with the railroad, coordination with Caltrans Local
Assistance and Headquarters, organizing and implementing a Value Analysis Study,
oversighting the City's environmental consultant which resulted in the approval of the
Finding of Adverse Effect, submittal and partial approval of the Memorandum of
Agreement and lastly submittal of the Environmental Assessment to Caltrans.
In the process of the above work, LAN has expended nearly its budget. In view of the
above, we are requesting additional funds to allow us to complete additional
coordination with Caltrans on funding and continuous oversight reviews of the
Environmental Assessment and its Technical Studies. In addition, it has been
expressed that the City would like to continue Project Development Team meetings.
Lastly, revisions to the staging/scheduling plans are necessary to reflect comments from
the Value Analysis Study.
We understand the City is poised to retain a PS&E design team and therefore assume
that our role as Project Management support should be complete once we resolve the
pending issues of Funding and the Environmental Document.
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LIM & NASCIMENTO ENGINEERING CORPORATION
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Scope of Services
The following is a detailed description of our Scope of Services.
Proiect ManaaementlCoordination
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, Jones & Stokes and other members of
the design team as needed to develop the project.
Meetinas
Call, hold, and lead project team meetings as needed.
Railroad Enaineerina / BNSF Coordination/Aareements
Revise alternative staging/scheduling plans for the demolition and reconstruction of the
Mount Vernon
Environmental Project ManaaementlCoordination
Coordination between Caltrans Environmental and Jones and Stokes, which includes
following up on reviews and submittals, and other tasks as necessary that would be
required when processing an environmental document through the Local Assistance
process. Quality Control/Quality Assurance (QC/QA) review prior to documents being
submitted to Caltrans, which would ensure that the submittal would be complete and
uses appropriate Caltrans format.
Fee Proposal
LAN proposes to perform the above civil engineering services on a time and material
basis, for a fee not to exceed $40,740 without prior authorization from the City. This is
an on-call, as-needed effort.
Person Hrs Rate/Hr Subtotal
William Nascimento, PE, SE 48 $175.00 $ 8,400
Alicia Colburn 230 $110.00 $ 25,300
Todd Dudley 32 $ 130.00 $4,160
Ray Andresek 32 $90.00 $2,880
Total
$ 40,740
This additional supplement brings the total cost to $337,108.00
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LIM & NASCIMENTO ENGINEERING CORPORATION
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If you havE:> any questions or wish to discuss this in greater detail, please feel free to
contact me at (949) 357-9015
Sincerely,
LAN Engineering Corp.
?t-1d.~
G. J. William Nascimento, PE, SE
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