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RESOLUTION NO. 2004-400
RESOLUTION OF THE CITY OF SAN BERNARDINO 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.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor is authorized to execute Amendment No. 1 to the Services
Agreement with Myra L. Frank/Jones & Stokes for provision of professional environmental
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. 1 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 This resolution is rescinded if the parties to the contract fail to execute it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.
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2004-400
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RESOLUTION ..................... APPROVING AMENDMENT NO. I 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
Common Council of the City of San Bernardino at a joint regular meeting thereof, held
on the 20th day of December , 2004, by the following vote, to wit:
Council Members: AYES NAYS ABSTAIN ABSENT
ESTRADA x
LONGVILLE x
MC GINNIS x
DERRY x
KELLEY x
JOHNSON x
MC CAMMACK x
%
City Clerk
The foregoing resolution is hereby approved this )14 day of December 2004.
41
Rikk2 Van Johnson, Mayor Pro Tem
City of San Bernardino
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
gy: �• /.,
-2-
4
2004-400
Exhibit `B"
AMENDMENT NO. 1 TO SERVICES AGREEMENT ORIGINAL
THIS AGREEMENT is entered into this :Cis day of December , 2004, between
Myra L. Frank/Jones & Stokes formerly known as Myra L. Frank & Associates, Inc.
("Contractor") and the CITY OF SAN BERNARDINO ("City)".
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 Avenue 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.
2004-400
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
Date: 1 �/ /o by: 14— z
Signature
Print Name/Title
CITY OF SAN BERN�ARDINO
Date: p� by:
Rikke Van Johnson, Mayor Pro Tem
City of San Bernardino
ATTEST:
/mot , 0,,,h
Rac el Clark, City Clerk
Approved as to form
and legal content:
James F. Penman
City Attorney
200
Myra L. Frank _�' . !! 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 (MFA/JSA) 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 FHWA staff, and (3) "preliminary review" materials were
compiled in order for FHWA staff to make a determination whether the appropriate
NEPA environmental document would be a Categorical Exclusion (CE) or an
Environmental Assessment (EA). In addition, we have been informed that Caltrans and
FHWA 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. 213.6275376 • fax 213.627.6853
�,�%�� "k,, Dina
2004-400
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,
( t V *E. ODWAAr
ck Ottaway,
Project Manager
attachment
cc: William Nascimento, LAN Engineering
Lee Lisecki, Project Director
2004-400
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 $6,500.00
Out of Scope: MFA/JSA Direct Expense $170.00
Task 2.1 - Biology
Out of Scope: MFA/JSA Labor $1,600.00
Out of Scope: MFA/JSA Direct Expense $0.00
Task 2.2 - Noise
Out of Scope: MFA/JSA Labor $1,600.00
Out of Scope: MFA/JSA Direct Expense $0.00
Out of Scope: Subconsultant $950.00
Task 2.3 - Phase I Haz Mat
Out of Scope: MFA/JSA Labor $2,000.00
Out of Scope: MFA/JSA Direct Expense $45.00
Out of Scope: Subconsultant $4,130.00
Task 2.4 - Relocation/Community Impact
Out of Scope: MFA/JSA Labor $6,740.00
Out of Scope: MFA/JSA Direct Expense $4,100.00
Task 2.5 - Section 4(f)
Out of Scope: MFA/JSA Labor $2,000.00
Out of Scope: MFA/JSA Direct Expense $0.00
Task 3.0 - NEPA Document
Out of Scope: MFA/JSA Labor $5,000.00
Out of Scope: MFA/JSA Direct Expense $1,190.00
SUBTOTAL $36,025.00
New Tasks
Task 1.1 - 240 N. Mt. Vernon HABS/HAER
Out of Scope: MFA/JSA Labor $2,500.00
Out of Scope: MFA/JSA Direct Expense $175.00
Out of Scope: Subconsultant $2,000.00
Task 1.2 - Bridge HABS/HAER
Out of Scope: MFA/JSA Labor
$2,500.00
Out of Scope: MFA/JSA Direct Expense
$175.00
Out of Scope: Subconsultant
$2,000.00
SUBTOTAL
$9,350.00
GRAND TOTAL $45,375.00