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ORIGINAL
CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director Subject:
Resolution approving Amendment No.
One to Agreement for Professional
Services with Engineering Resources of
Southern California to provide
Civil/Traffic Engineering Services for
the design of street, storm drain, traffic
signal, and sound wall improvements
along Victoria Avenue from Highland
Avenue to Lynwood Avenue (SS05-25).
Dept: Development Services
Date: April 8, 2009
File No.
MCC Date: May 4, 2009
Synopsis of Previous Council Action:
10/04/2004 Resolution No. 2004-322 adopted approving Agreement with San Manuel Band
of Mission Indians for public improvement projects for tribal project impacts.
01/10/2005 Resolution No. 2005-008 adopted approving an Agreement for Professional
Services with Engineering Resources of Southern California to provide
Civil/Traffic Engineering Services for the Design of Street along Victoria
Avenue from Highland Avenue to Lynwood Avenue.
10/02/2006 Resolution No. 2006-347 adopted awarding a contract to Hillcrest Contracting,
Inc. for Street Improvements and Beautification Project on Victoria Avenue
from 28th Street to Lynwood Drive (Phase I) (SS05-25) per Project Plan No.
11619.
Recommended Motion:
Adopt Resolution.
.1/, R#r
Valerie C. Ross
Contact Person: Robert Eisenbeisz, City Engineer
Phone:
5203
Staff Report, Maps, Reso,
Supporting data attached: Amendment No. One Ward:
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FUNDING REQUIREMENTS: Amount: $58.500.00
Source: (Acct. Nos) 246-366-5504-7551; 246-366-5504-7550 & 246-366-5504-7549
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Acct. Description: Public Improvement Fund
Finance:
Agenda Item No.
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5~LI~01
CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subiect:
Resolution approving Amendment No. One to Agreement for Professional Services with
Engineering Resources of Southern California to provide Civil/Traffic Engineering Services for
the design of street, storm drain, traffic signal, and sound wall improvements along Victoria
Avenue from Highland Avenue to Lynwood Avenue (SS05-25).
Backeround:
On October 4, 2004, the Mayor and Common Council adopted an Agreement with San Manuel
Band of Mission Indians for public improvement projects to address tribal project impacts. Staff
identified the design of street, storm drain, traffic signal and sound wall improvements along
Victoria Avenue from Highland Avenue to Lynwood Avenue as a project that could best be
accomplished by a consultant. The Tribe committed a total of $5.5 million for design and
construction of soundwalls, roadway improvements, traffic controls, drainage and right-of way
acquisition.
On January 10, 2005, the Mayor and Common Council adopted Resolution No. 2005-008
approving an Agreement for Professional Services with Engineering Resources of Southern
California, Inc. (ERSC) to provide CiviVTraffic Engineering Services for the Design of Street,
Storm Drain, Traffic Signal, and Sound Wall Improvements along Victoria Avenue from
Highland Avenue to Lynwood Avenue.
Early in the design process it was determined that the project should be divided into two phases
in order to expedite construction. Phase I of Victoria Avenue between 28th Street and Lynwood
Drive focused on street improvements, beautification and soundwall improvements. Hillcrest
Construction completed Phase I, which has been accepted by the City.
Phase II consists mainly of work in the intersection of Victoria Avenue and Highland Avenue in
order to add a double left turn from eastbound Highland A venue to northbound Victoria Avenue.
Phase II required the acquisition of right of way in the City of Highland and has not been able to
move forward pending that acquisition.
In late 2008, the City of Highland successfully completed the acquisition of right-of-way to
allow San Bernardino to proceed with the design of Phase II. Staff has met with the City of
Highland and the City's consultant, ERSC, to finalize details of the design of Phase II.
Numerous changes are necessary to accommodate the requirements of the City of Highland.
Additionally, staff has determined that design changes are needed to accommodate a left turn
pocket from northbound Victoria Avenue for the San Bernardino County Flood Control at its
Patton Basin. These changes have made it necessary for ERSC to modify the previously
completed design for the intersection of Highland A venue and Victoria A venue and a portion of
Victoria A venue between Highland A venue and 28th Street.
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CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION
STAFF REPORT (Continued)
ERSC has submitted a letter proposal dated April 6, 2009 outlining the additional work needed to
complete the plans and requesting an Amendment to their Agreement in the amount of
$58,500.00. Staff has reviewed ERSC's proposal and feel that the amount requested is fair and
reasonable for the services to be provided.
If this Amendment is approved, the Phase II design work can be completed in approximately 3
months and the project can be advertised for bids by August of 2009. Construction will require
approximately 9 months. The services of ERSC will be needed through the end of construction;
therefore, staff is recommending that the term of the contract be extended for one year past the
date of approval of this Amendment.
Financial ImDact:
Breakdown by Account Number
Description Available Funding Account No. Additional Design
Fee
Highland Avenue to $ 93,300 246-366-5504-
Lynwood (Design & Construction) 7551 $ 7,290
Improvements
Other Road $ 71,000 246-366-5504- $ 5,550
Issues/Improvements (Design & Construction) 7550
Off-Road Scope at $ 585,000 246-366-5504- $ 45,660
Residential Areas (Design & Construction) 7549
Total Not-To-Exceed Additional Fee $ 58,500
Summary of Contract Costs
Original Contract Amount................................................................. ..$ 340,000
Amendment No. I (this Amendment)........................................................ .58.500
Revised Contract Amount...................................... ...$398,500
Sufficient funds are available in the above accounts to cover the cost of this Amendment No
One. The estimated cost of Phase II construction is $1.5 million. Due to overruns in Phase I
construction, a funding shortfall of approximately $750,000 for construction of Phase II is
anticipated. Staff will identify supplemental funding prior to advertising for bids.
Recommendation:
Adopt Resolution.
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CC~[py
1
RESOLUTION NO.
2
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1.
Engineering Resources of Southern California, Inc. is competent,
experienced and able to perform the design of street, storm drain, traffic signal, and sound wall
improvements, and has provided the most advantageous and best proposal for provision of the
11 design of street, storm drain, traffic signal, and sound wall improvements along Victoria A venue
12 from Highland Avenue to Lynwood Avenue, per Amendment No. I to Agreement for
13 Professional Services, attached hereto and incorporated herein as Exhibit "A", for the not-to-
14 exceed additional amount of $58,500. Pursuant to this determination, the Director of Finance is
15
hereby authorized and directed to increase the Purchase Order for said services to said firm
16
which references this resolution. The City Manager is hereby authorized and directed to execute
17
said Amendment on behalf of the City.
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19 SECTION 2. The authorization to execute the above referenced Agreement is rescinded
20 ifit is not executed within sixty (60) days of the passage of this resolution.
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1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
2 AMENDMENT NO. ONE TO A SERVICES AGREEMENT WITH ENGINEERING
RESOURCES OF SOUTHERN CALIFORNIA, INC. FOR DESIGN OF STREET,
3 STORM DRAIN, TRAFFIC SIGNAL, AND SOUND WALL IMPROVEMENTS ALONG
VICTORIA AVENUE FROM HIGHLAND AVENUE TO L YNWOOD AVENUE.
4
5 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
,2009, by the following vote, to wit:
AYES
NAYS
ABSTAIN ABSENT
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Approved as to form:
24
JAMES F. PENMAN,
25 City Attorney
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Rachel Clark, City Clerk
The foregoing resolution is hereby approved this
day of
,2009.
Patrick J. Morris, Mayor
City of San Bernardino
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EXHIBIT "A"
AMENDMENT NO. I TO AGREEMENT FOR PROFESSIONAL SERVICES
(City-Funded Projects)
This AMENDMENT NO. I is made and entered into this day of
, 2009, by and between the CITY OF SAN BERNARDINO, California, a
municipal corporation, hereinafter referred to as the "City" and Engineering Resources of
Southern California, Inc. hereinafter referred to as "Consultant."
WITNESSETH:
A. WHEREAS, on January 10, 2005, Resolution No. 2005-008 was adopted
by the City approving an Agreement for Professional Services with Engineering
Resources of Southern California to provide Civil/Traffic Engineering Services for the
Design of Street, Storm Drain, Traffic Signal, and Sound Wall Improvements along
Victoria Avenue from Highland Avenue to Lynwood Avenue (SS05-25); and,
B. WHEREAS, the City has need of additional Professional Services not
included in the scope of services of said Agreement; and,
C. WHEREAS, Consultant has submitted a letter proposal dated April 6,
2009 offering to provide the additional Professional Services; and
D. WHEREAS, said Agreement was approved for a term of one year after
the date of approval of the Agreement; and
E. WHEREAS, the City will need the services of Consultant for
approximately one additional year.
NOW THEREFORE, the parties hereto agree as follows:
Section I. "Scope of Services" is hereby amended to add the following:
Consultant shall perform those additional services specified in Consultant's letter
proposal dated April 6, 2009, attached and incorporated herein as Attachment
"A",
Section 2. "Term of Agreement" is hereby amended as follows:
The Agreement shall expire one year from the date of approval of this
Amendment No. I, unless extended by written agreement of the parties.
Section 4. "Compensation" is hereby amended 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 additional work
authorized by this Amendment, in an amount not to exceed $58,500.00,
-1-
Amendment No. I to Agreement for Professional Services with
Engineering Resources of Southern California, Inc.
except that reimbursement shall not include courier services, mileage or
reimbursement for travel to the City to attend meetings or conduct the
activities.
B. The following is a summary of authorized compensation to date:
Original Agreement....................:............ ......$340,000.00
Amendment No I.......................................... 58.500.00
Total Authorized Amount.. .....$398,500.00
Section 13. "Notices" is hereby amended as follows:
All official notices relative to this Agreement shall be in writing and addressed to
the following representatives of Consultant and City:
CONSULTANT
Engineering Resources
of Southern California, Inc.
1820 Commercenter Circle
San Bernardino, CA 92408
Ph: (909) 890-1255 Ex!. 226
Fax: (909) 890-0995
CITY
Ms. Valerie C. Ross, Director
Development Services Department
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418
Ph: (909) 384-55357
Fax: (909) 384-5155
All other terms and conditions of the Original Agreement as approved by Resolution No.
2005-008 remain unchanged.
III
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Amendment No. I to Agreement for Professional Services with
Engineering Resources of Southern California. Inc.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date
shown below.
ENGINEERING RESOURCES
OF SOUTHERN CALIFORNIA, INC,
Date:
by:
Signature
Print NamelTitle
CITY OF SAN BERNARDINO
Date:
by:
Lori Sassoon
Acting City Manager
City of San Bernardino
A TrEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
By:
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---D ENGINEERING
"ESOURCES
~~A~HMENT"~"
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Of SOUTHERN CAlifORNIA, INC.
00015010 (#1)
April 6. 2009
Robert G. Eisenbeisz, P.E., City Engineer
City of San Bernardino
Development Services Department
300 North D Street
San Bernardino CA 92418-0001
SUBJECT: REVISED ENGINEERING SERVICES PROPOSAL FOR VICTORIA
AVENUE BEAUTIFICATION PROJECT, PHASE II, DESIGN
CHANGES
Dear Robert:
Per the terms of our contract and guidance of the City, design for the southerly portion of the
Victoria Avenue Beautification project, including the southerly side of Highland Avenue
extending westerly to Robinson Road, designated as Phase II, has been completed with second
submittal having been made for a significant portion of the project. Plans, specifications, and
estimates have been completed and submitted, therefore, for the street improvement plans,
signal and signal modification plans, street lighting, landscape and irrigation plans, and Pallon
Basin/Indian Creek improvements. totaling 29 sheets.
Included in the design completed, though not submitted, was the elimination of the eastbound
right-turn lane on Highland Avenue and design for an asphaltic concrete dike on the south
side of Highland Avenue, Robinson Road to Victoria Avenue. This area of the project site is
within the jurisdiction of the City of Highland.
During 2008, efforts were undertaken and completed by the City of Highland for acquisition
of needed right-of-way on the west side of Victoria Avenue and the south side of Highland
Avenue to accommodate the desired street width and/or alignment. Right-of-way acquisition
has now been accomplished and it has been indicated that the City of Highland wishes to
revise the design for the south side of Highland A venue as well as a portion of the wcst side of
Victoria within their jurisdiction. Additionally. you and your staff have indicated that the City
of San Bernardino wishes to revise the design for the street from just south of Date Street.
northerly to the project limits. and to eliminate parkway landscaping southerly of this point.
Changes to be made. we understand. are as follows.
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ATTACHMENT "A"
00015010 (#1)
Robert G. Eisenbeisz, P.E., City Engineer
April 6, 2009
Page 2
I. The southbound left-turn lane is to be eliminated at the Date Street/Flood
Control District driveway intersection. This will result in elimination of the
12-foot median to the north of the intersection with only a ,,2-foot cobbled
median to remain and this will necessitate changes to the street improvement
plans and landscaping and irrigation plans for this area. Traffic signal at the
intersection is to be deleted, thus a signal plan is not required. However, street
lights are to be designed for the northeast and southwest corners of the
intersection.
2. For inclusion ofa northbound left turn lane to the Flood Control driveway,
median to the south will generally remain at 12-feet and west side curb location
will be unchanged south of Date Street. North and through the intersection,
striping will be designed for transition change in lane widths.
To the south, change in west curb location in the Highland city limit will need
to be redesigned for a new alignment, however.
3. South side design for Highland Avenue from Robinson Road to Victoria will
now be changed a second time. Design now is to include a curb and gutter at
42 feet with sidewalk in the widened right-of-way of 49 feet. Type of median
crossing barrier is to be determined by the City of Highland. These changes to
the street construction will result in the need to modify plans for street
improvements and striping of Highland A venue. Signal modification plan,
however, will be eliminated as there will be no need for relocation nor
replacement.
4. In acquiring the right-of-way on the south side of Highland Avenue, the City
negotiated with property owners and committed to the construction of parking
and ADA access facilities at the back of two parcels; therefore, the additional
effort required will include additional survey, design, and preparation of plan
and details.
5. Resulting from the City's meeting and discussions with the staff of the County
Flood Control District. was that paving of the concrete swale, as shown on
plans ready for approval by the County, will be deleted in exchange for
construction of a debris/silt storage area constructed near the existing northerly
driveway. This structure is to be designed to retain material eroded from Flood
Control property to the north and west with a water overflow conduit
connecting to an existing 48-inch drain which discharges to the Patton Basin.
Services, then. will involve a design of this debris/silt storage basin in
accordance with methods set forth in a technical paper authored by Fred Tatum
ATTACHMENT "A"
00015010 (#1)
Robert G. Eisenbeisz, P.E., City Engineer
April 6. 2009
Page 3
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of the U.S. Corps of Engineers. It may be necessary to relocate the driveway in
order to provide a sufficient radius for truck access to the basin ramp at the
northeast comer.
Resulting from this guidance, then. will be the need to procure additional
topographic survey in the area of the proposed debris/silt storage basin,
calculations to size the storage basin in accordance with the "Tatum" method,
prepare a grading plan and details of the storage basin, and revise plans to
delete the concrete swale and details. Remaining on the plans prepared will be
that of relocated fencing for the Flood Control right-of-way.
Modifications and changes in design and plans will be required for 24 of the 29 existing
sheets including street light relocation and landscape and irrigation plans. Modifications also
will be required to the two plans concerning the Patton Basin and one new sheet required
concerning the parking and ADA access features for properties on the south side of Highland
A venue. Two signal plans will be deleted. Additionally required will be survey and mapping
of the area of the proposed debris storage basin on the Patton Basin site, as well as of the two
parking areas to the south of Highland Avenue. Also required will be changes to the
specifications and quantity and cost estimates.
To effect the changes sought by the City, ERSC proposes to complete redesign and additional
design and related modifications to plans, specifications, and estimates for a lump sum
amount of $58,500. It is, therefore. requested that a contract change order be processed to
amend our current contract. This, then. would revise the total contract amount from $340,000
to $398.500.
Should there be any questions or if you have any suggestions regarding our proposed effort,
please contact me.
Very truly yours,
(,
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.John G. Egan, P.E.
jinciPal Engineer
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cc: Mike Grubbs. City of San Bernardino
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