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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution authorizing the
execution of Amendment No. 2 to
Professional Services Agreement with Jones
& Stokes for professional environmental
services for the design of the Mt. Vernon
Avenue Viaduct over the BNSF Railroad.
Dept: Development Services
Date: December 12, 2006
File: 1.1729
MCC Date:
01-08-07
Synopsis of Previous Council Action:
12-01-03 Resolution No. 2003-326 adopted 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.1 to Agreement with Lim &
Nascimento Engineering Corp. for Project Management of the Mt. Vernon Viaduct over
BNSF Railroad.
12-20-04 Resolution No. 2004-400 adopted approving Amendment No. I to Agreement with Jones &
Stokes for Professional Environmental Services for the Mt. Vernon Viaduct over BNSF
Railroad.
Recommended Motion:
Adopt Resolution.
V~U_~
Valerie C. Ross
Contact person: Mark Lancaster, Deputy Director/City Engineer
3305
Phone:
Supporting data attached: Staff Report, Resolution, Exhibit A
Ward:
1&3
FUNDING REQUIREMENTS:
$20.000
Amount:
Source: (Acct. Nos.)
242-362-5504-7121
Acct. Description: Mt. Vernon Grade Separation at BNSF (SS04-12)
Finance:
II fJ07
Agenda Item No. I~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT
e Subject:
Resolution authorizing the execution of Amendment No. 2 to Professional Services Agreement with
Jones & Stokes Associates for professional environmental services for the design of the Mt. Vernon
Avenue Viaduct over the BNSF Railroad.
Background:
On December I, 2003, a professional environmental services Agreement in the not-to-exceed amount of
$123.524.00 was approved with Myra L. Frank and Associates for environmental services related to the
Mt. Vernon Bridge Project. The highly qualified environmental firm of Jones & Stokes Associates
subsequently acquired Myra L. Frank and Associates.
On December 20, 2004, Amendment No. I to the Services Agreement was approved with Myra L.
Frank/Jones & Stokes for additional environmental services related to the Mt. Vernon Bridge Project.
Amendment No. I increased the total contract amount by $45,375.00.
Jones & Stokes Associates has requested this Amendment No.2 in the amount of $20,000 to compensate
the firm for additional environment studies not covered in the original Agreement or Amendment No. I.
These additional studies are described in detail in the attached letter from Jones & Stokes Associates.
dated December II, 2006.
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Staff has reviewed this request and agrees that due to numerous revisions requested by Caltrans and one
study requiring a complete revision due to changes in federal guidelines, the additional services were not
included in the original agreement or Amendment No. I. These studies are critically needed in order to
move the project through the environmental process with Caltrans. Therefore, staff recommends approval
of Amendment No.2.
Caltrans is expected to approve the Initial Study/Environmental Assessment (IS/EA) and authorize the
City to proceed with design by the summer of 2007. Design, or a designlbuild concept, can begin at that
time. Construction is expected to begin in early 2008 and be completed by mid-2009.
Financial Impact:
Eighty percent of the cost of this Amendment to the Agreement with Jones & Stokes Associates will be
reimbursable from a combination of HBRR funds and Seismic Retrofit Funds. subject to the City
providing the 20% percent matching funds.
The following is a summary of costs for the subject Agreement with Jones & Stokes Associates:
Services Agreement approved per Reso. No. 2003-326 . . . . . . . . . . . . .$
Amendment No. I to Services Agreement Reso. No. 2004-400. . . . . . .
Amendment No.2 to Services Agreement (this request) ...........
GrandTotal....... ...$
123.524.00
45.375.00
20.000.00
188,899.00
Sufficient funds have been included in the FY 2006-7 budget to cover the additional costs of Amendment
No.2 to the Services Agreement.
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Recommendation:
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/' C/101
Adopt Resolution.
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO.2 TO SERVICES AGREEMENT WITH MYRA L. FRANK/JONES
& STOKES FOR PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES
4 FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF
5 RAILROAD.
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RESOLUTION NO.
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.2 to the Services
Agreement with Myra 1. Frank/Jones & Stokes for provision of professional environmental
services for the design of Mt. Vernon Ave. Viaduct over the BNSF Railroad (attached and
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incorporated herein as Exhibit "A").
SECTION 2. This Amendment No.2 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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No. /3
11;/07
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RESOLUTION ... APPROVING AMENDMENT NO. 2 TO SERVICES
2 AGREEMENT WITH MYRA L. FRANK/JONES & STOKES FOR PROVISION OF
PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT.
3 VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
meeting thereof, held
on the
day of
,2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
ESTRADA
BAXTER
BRINKER
DERRY
KELLEY
JOHNSON
MC CAMMACK
City Clerk
The foregoing resolution is hereby approved this
day of
,2007.
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23 Approved as to form:
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Patrick J. Morris, Mayor
City of San Bernardino
JAMES F. PENMAN,
City Attorney
,Ie---
- 2 -
Exhibit "A"
AMENDMENT NO.2 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this _ day of , 2007, between
Myra 1. Frank/Jones & Stokes formerly known as Myra 1. Frank/Jones & Stokes, and also
formerly known as Myra 1. 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 Epvironmental
Services for the design of the Mt. Vernon A venue Viaduct over the BNSF Railroad; and,
B. WHEREAS, the Mayor and Common Council of City adopted Resolution No.
2004-400, approving Amendment No. 1 to 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 a second amendment to said Services
Agreement; 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 add the following: Contractor shall
furnish additional 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 December 11, 2006, attached hereto and incorporated herein as Attachment
"A. II
2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this
Amendment No.2, Contractor shall be paid an additional not-to-exceed amount of $20,000
for a total not-to-exceed amount as follows:
a) Services Agreement approved per Reso. No. 2003-326 . . . . . .
b) Amendment No.1 Per Reso. No. 2004-400 . . . . . . . . . . .... . .
c) Amendment No.2 (this request) . . . . . . . . . . . . . . . . . . . . . . . .
Total not-to-exceed amount. . . . . . . . . . . . .
$ 123,524.00
45,375.00
20.000.00
$ 188,899.00
Exhibit" A"
Amendment No.2 to Services Agreement -Myra L. Frank/Jones & Stokes
Page 2 of3
3. Section 4 of said Services Agreement shall be amended to add the following: The term of this
Agreement shall be extended for one year and shall terminate on December 1, 2007, unless
further extended by written agreement of the parties.
4. All other terms and conditions of said Services Agreement approved by Resolution No.
2003-326 and Resolution No. 2004-400 shall remain unchanged.
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Exhibit "A"
Amendment No.2 to Services Agreement -Myra L. Frank/Jones & Stokes
Page 3 of3
AMENDMENT NO.2 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
JONES & STOKES
Date:
by:
Signature
Print Name/Title
CITY OF SAN BERNARDINO
Date:
by:
Patrick J. Morris
Mayor
City of San Bernardino
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
By: L '1- .IL.-
o
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1-
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Jones & Stokes
EXHIBIT A
ATIACHMENT A
December 11, 2006
Mr. Mark Lancaster
Otyof San Bernardino
Depanment of Engineering
300 NOM D Street
San Bernardino, CA 92418
Subject:
Request for Budget Amendment
Mt. VemonAve. Bridge Project
Dear Mr. Lancaster:
This is a request for a budget increase of $20,000 to continue the preparation of environmental
documentation for the Mt. Vernon Avenue Bridge project.
Our current services agreement with the Oty of San Bernardino, as amended, is as follows:
Services Agreement approved per Reso. No. 2003-326
Amendment No.1, dated 12/20/04
Total:
$123,524
$ 45375
$168,899
Amendment No.2 (proposed)
Total (Revised):
$ 20.000
$188,899
The purpose of this amendment request is to accommodate work anti~ipared to complete the NEP A
Environmental Assessment and supponing technical studies for the project, based upon Caltrans review
comments received to dare. These studies include:
. Natural Environment Study;
. Initial Sire Assessment;
. Asbestos and Lead-Based Paint;
. Community Impact Assessment;
. Noise Study Repon;
. Section 4(Q Study;
. Historic Propenies Survey Report; and
. Finding of Effect.
Work on the project is currently on hold, pending approval of this amendment request. Should you have any
questions, please contact me at (949) 260-1080 x1032.
Sincerely,
rles E. Sntith, Ala>
Project Director
17310 Red Hjll Avenue. Sulle 320 . Irvine. CA 92614 . lel.949.260.1080 . fax 949.260.1061
www.jonesandstokes.com