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RESOLUTION NO.
2007-11
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO.2 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.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
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 This resolution is rescinded if the parties to the contract fail to execute it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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RESOLUTION ... APPROVING AMENDMENT NO. 2 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 j oint regular meeting thereof, held
on the 8th
day of January
,2007, by the following vote, to wit:
ABST AIN ABSENT
NAYS
AYES
Council Members:
ESTRADA
---1L
BAXTER
x
BRINKER
x
DERRY
x
KELLEY
x
JOHNSON
---1L
MC CAMMACK
----L-
~~h~
The foregoing resolution is hereby approved this ~ day of January., 2007.
Approved as to form:
JAMES F. PENMAN,
City Attorney
,k--
- 2 -
2007-13
Exhibit" A"
AMENDMENT NO.2 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this ~ day of Januarv , 2007, between
Myra L. Frank/Jones & Stokes formerly known as Myra L. Frank/Jones & Stokes, and also
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 Epvironmental
Services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad; and,
B. WHEREAS, the Mayor and Common Council of City adopted Resolution No.
2004-400, approving Amendment No. I 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:
I. 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
2007-13
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 I, 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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2007-13
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: z..\~\o-t
by:
~
Signature
QA.\QM.~ i. ~\)l, AvJ. QlwJ~
Print Name/Title
CITY OF SAN BERNARDINO
Date:
ffo7
by:
~~
City of San Bernardino
ATTEST:
~ty~;k~
Approved as to form:
James F. Penman
City Attorney
By: L 'J .tb--
o
3
~ 'f
,
2007-13
m
Jones & Stokes
EXHIBIT A
ATTACHMENT A
J)ecernberll,2006
Mr. Mark Lancaster
Oty of San Bernardino
J)epartment of Engineering
300 North D Street
San Bernardino, CA 92418
Subject:
Request for Budget Amendment
Mt. Vemon.Ave. 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 Otyof San Bernardino, as amended, is as follows:
Services Agreement approved per Reso. No. 2003-326
Amendment No. I, dated 12/20/04
Total:
$123,524
$ 45.375
$168,899
Amendment No.2 (proposed)
Total (Revised):
$ 20.000
$188,899
The purpose of this amendment request is to accommodate work anticipated to complete the NEPA
Environmental Assessment and supporting technical studies for the project, based upon Caltrans review
comments received to date. These studies include:
. Natural Environment Study;
. Initial Site Assessment;
. Asbestos and Lead. Based Paint;
. Community Impact Assessment;
. Noise Study Report;
. Section 4(Q Study;
. Historic Properties 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 xl032.
Sincerely,
des E. Smith, Ala>
Project J)irector
17310 Red HIli Avenue. Suite 320 . Irvine. CA 92614 . tel.949.260.1080 . fax 949.260.1081
www.jonesandstokes.com