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Home My WebLink About2007-368 1 2 RESOLUTION NO. 2007-368 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO.3 TO SERVICES AGREEMENT WITH JONES & STOKES FOR 4 PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN 5 OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 6 7 8 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the City Manager is authorized to execute Amendment No.3 to the 9 Services Agreement with Jones & Stokes for provision of professional environmental services 10 for the design ofMt. Vernon Ave. Viaduct over the BNSF Railroad (attached and incorporated 11 herein as Exhibit "A"). 12 13 14 SECTION 2. This Amendment No.3 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 15 16 or authorized and shall not be implied from any act or course of conduct of any party. 17 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it 18 within sixty (60) days of passage of the resolution. 19 III 20 III 21 22 23 24 25 26 27 28 III - I - 1 2 RESOLUTION ... APPROVING AMENDMENT NO. 3 TO SERVICES AGREEMENT WITH JONES & STOKES FOR PROVISION OF PROFESSIONAL 3 ENVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 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 joint rel!;ular meeting thereof, held 7 on the 4th day of Sept..mh..r ,2007, by the following vote, to wit: 23 Approved as to form: 24 JAMES F. PENMAN, 25 City Attorney 26 27 28 -2- 2007-368 Exhibit "A" AMENDMENT NO.3 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this ~ day of September, 2007, between 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, on December 1, 2003, 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, on December 20, 2004, 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, C. WHEREAS, on January 8, 2007, the Mayor and Common Council of City adopted Resolution No. 2007-13, approving Amendment No.2 to Services Agreement with Contractor for Professional Environmental Services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad; and, D. WHEREAS, Contractor has requested a third amendment to said Services Agreement; and, E. WHEREAS, Contractor has provided the most advantageous and best proposal for the provision of said services; and F. WHEREAS, the said Services Agreement, as amended, will terminate on December 1, 2007; and G. WHEREAS, City will need the services of Contractor until completion of the environmental phase of the work which is expected to be completed in 2009. NOW THEREFORE, the parties hereto agree as follows: I. Section I 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 June 27, 2007, attached hereto and incorporated herein as Attachment "A." 2007-368 Exhibit <<A" Amendment No.3 to Services Agreement -Myra L. Frank/Jones & Stokes Page 2 of3 2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this Amendment No.3, Contractor shall be paid an additional not-to-exceed amount of $83,925.00 for a total not-to-exceed amount as follows: a) Services Agreement approved per Reso. No. 2003-326 . . . . .. $ 123,524.00 b) Amendment No. I Per Reso. No. 2004-400. . . . . . . . . . .... . . 45,375.00 c) Amendment No.2 per Reso. No. 2007-13 . . . . . . . . . . . . . . . . 20,000.00 d) Amendment No.3 (this request) . . . . . . . . . . . . . . . . . . . . . . . . 83.925.00 Total not-to-exceed amount. . . . . . . . . . . .. $ 272,824.00 3. Section 4 of said Services Agreement shall be amended to add the following: The term of this Agreement shall be extended for two (2) additional years and shall terminate on December I, 2009, 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, Resolution No. 2004-400_and Resolution No. 2007-13 shall remain unchanged. III III 2 2007-368 Exhibit" A" Amendment No.3 to Services Agreement -Myra L. Frank/Jones & Stokes Page 3 of3 AMENDMENT NO.3 TO SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. JONES & STOKES Date:~ by: Si~~ ~ J. SM~ . A'~~ V!\\JliJlAv Print Nameffitle . Fr s n City Manager City of San Bernardino Date: 9/(/-07 by: ATTEST: Q~b.~ Rachetclark, City Clerk Approved as to form: James F. Penman City Attorney 3 2007-368 ATIACHMENT "A" ..~~Slfu. '_n....m_'_..~_" Jones & Stokes June 27, 2007 Mr. Mark Lancaster Gtyof San Bernardino Department of Engineering 300 North D Street San Bernardino, CA 92418 SUBJECf: Request for Amendment No.3 Mt. Vernon Ave. Bridge Service Agreement Dear Mr. Lancaster: This is a request for Amendment No. 3 to our existing Service Agreement with the Gty of San Bemaniino for the Mi. Vernon Avenue Bridge project. SOOPE OF WORK Our scope of work comprises the following activities associated with the preparation and processing of environmental documentation for the Mt. Vernon Avenue Bridge project: Section 106 Process Jones & Stokes will submit the Historic Property Survey Repott (HPSR), Finding of Effect (FOE), and Memorandum of Agreement (MOA) documents for processing by Caltrans, the Federal Highway Administration (FHWA), and the State Historic Preservation Offu:er (SHPO). We will revise and resubmit the documents to respond to those agency's review comments, assuming that level of effott as shown in the attached line-item cost spreadsheet. IJeltr.emJies . 10 copies ofHPSRandFOE for submittal toFHWA . 10 copies of revised HPSRand FOE forsubmittal to CaltranslFHWA . 10 copies of Final HPSR and FOE for submittal to Caltrans/FHWA . 10 copies of Draft MOA for submittal to Caltrans/FHWA . 10 copies of Final MOA for submittal to Caltrans/FHWAlSHPO Technical Studies CnmmuniJ;y Impact Assessment Jones & Stokes will revise the G>mmunity Impact Assessment (OA) to incorporate current land use planning information available from the Gty of San Bernardin!>. We will submit the QA for one round of Caltrans review and approval. 17310 Red Hill Avenue, Suite 320 . Irvine, CA 92614 . tel. 949.260.1060 . fa. 949.260.1081 www.jonesandstokes.oom 2007-368 ATIACHMENT "A" Mr. Mark Lancaster June 27, 2007 Page 2 Section 4(1) Study Jones & Stokes will revise the Section 4(1) Study to address CaltranS' preliminary comments provided in January 2006. We will submit the Section 4(1) Study concurrent with (as an appendix to) the Draft EA discussed below. Other TPrhni~al Studies We undelStand that all other technical studies have been approved by CaltranS and that no further revisions will be required. ~ . 5 copies of aA for submiual to CaltranS . 5 copies of revised aA for submiual to CaitranS Environmental Assessment ScreeJ1~hPrk and Draft Environmemal Assessment f1.~ Uilizing the information contained in the technical reports, along with additional information and analyses that are pedonned, as necessary, Jones & Stokes will prepare a screencbeck Draft EA based on the current velSion of the Cahrans EA template that is available at the time that the document is initiated. The Screencheck Draft EA will be submitted to the Cty of San Bernardino and CaltranS for concurrent review. The document will be submitted with the new QAI QC signature sheet that will be required following NEP A delegation. It is assumed that CaltranS NEP A readiness review will occur during this time. Along with the Screencheck Draft EA, a draft FHW A California Division Cltecklist for Draft Environmental Documents (SS II S20319) (Cltecklist) will be prepared and submitted, if this Cltecklist is still utilized following NEP A delegation. The Section 4(1) Study will be inrJ.lded as an appendix to the Screencheck Draft EA. Following Cty and Caltrans review of the Screencheck Draft EA, Jones & Stokes will participate in a one-day document review worlahop with Gty and Cahrans staff, and we will revise the document to respond to comments received at the workshop. Following the workshop, Jones & Stokes will prepare the Draft EA and submit the document to the Gty and Caltrans for concurrence. It is assumed that no additional comments will be received as part of the concurrence review. It is further asswned that the project will be considered a complex EA, and that the Draft EA would be sent to Caltrans HeadquartelS for review (me: this 'I1fMid oa:Hr in lieu ifPHWA mieu). Following review and comment byCahrans Headquarters, the final Draft EA will be prepared, along with a response to comments matrix related to Cahrans' Headquarters comments, to obtain Cty and Caltrans approval to release the document for public availability. It is assumed that no additional comments will be received during the concurrence review. After approval and signature of the Draft EA by CaltranS, the document will be released for public availability. For the pwposes of this scope of work, it is asswned 15 copies of the Draft EA (Volume 1) and technica1 studies (Volume II) will be printed for circulation. We undelStand that the documents do not need to be submitted to the State Oearinghouse, since no additional CEQA approval is needed. 2007-368 ATTACHMENT "A" Mr. Mark Lancaster June 27, 2007 Page 3 Notice of Availab~ Prior to public availability, Jones &; Stokes will prepare a public distribution list in consultation with and for approval by the Gty and <Ahrans. In addition, Jones &; Stokes will prepare a combined Notice of Availability and Notice of Opportunity for Public Hearing (NONNOPH) in accordance witb C'altranS requirements. 'IDe NONNOPHmust be published in a local newspaper of public circulation and filed with the San Bernardino Omnty Clerk. Jones &; Stokes will assist the Gty and C'aitraDS witb publisbing the notice but it is assumed that the cost of publication will be the responsibility of the Gty. 'IDe Draft EA will require a 3().day public review period. If requested during the pubic availability period, a public bearing would be conducted. nus scope and cost assumes that no public hearing will be requested or conducted. nJ;,,_U_ . 10 hard copies of ScreencbeckEA (2 to Gtyand 8 to C'aitraDS) (Volume 1 only; Volume 2 would contain the tecbnical studies on CD if requested) . 10 hard copies of Draft EAfor concurrence (2 to Gtyand 8 to C'altranS) (Volume 1 only; Volume 2 would contain the technical studies on CD if requested) . 4 hard copies of Draft EA for <Ahrans Headquarters review (Volumes 1 and 2) . 14 copies of final Draft EAforapproval for avaiIabiIity by Gty and <Ahrans (2 to Gty,8 to C'altranS, and 4 to C'altranS Headquarters) (Volumes 1 and 2, with Volume 2 on CD onl:0 . Draft and Final NONNOPH (assumed to be tranSmitted electronically with no hard copies) . 15 hard copies and one electronic (Pd/) Draft EAfor availability (Volumes 1 and 2) Total - 34 copies of Volume I only, 19 copies of Volumes 1 and 2. Final Environmental Assessment (E~ At the close of the public availability period for the Draft EA, Jones &; Stokes will review and respond to all comments received. In addition, Jones &; Stokes will attend a meeting with the Gty and <Ahrans staff to review any written comments on the Draft EA that were received and to discuss potential responses to tbese comments, if the comments received warrant such a meeting. 'IDe responses to comments will be forwarded to the Gty and C'aitraDS for review and approval prior to making any changes to the EA It is assumed that no conuuenlS requiring new analyses or from laW)t!rs will be received. Upon approval of the responses to comments, Jones &; Stokes will revise the EA to respond to the comments, to document the circulation period and cooniination, and to identifywhether any changes to the project have occurred. Jones &; Stokes will submit the Draft Final FONSI to the Otyand <Ahrans for review, tbough it will tef'hn;ro lly still be an EA at this point, along with a COlqlleted Federal Highway Administration California Division Environmental OreckIist for Final Environmental Documents (55 /I 521230), if this ClIerkl;"" is still used following NEP A delegation. 'IDe document will be submitted with the new QN QC signature sheet that will be required following NEP A delegation. Following tbe incorporation of one set of comments from the Gty and C'aitraDS, tbe Final FONSI will then be prepared and submitted to C'aitraDS who will forward it to C'altrans He~!S. Following C'aitraDS Headquarters review, the Final ENFONSI will be submitted to CaltranS to make a Finding of No Significant Impact (FaNS!), along with a comment response matrix identifying how any comments from CaltranS Headquarters were addressed. Jones &; Stokes will assist C'aitraDS in preparing a draft of the FONSI, if requested. 2007-368 ATTACHMENT "A" Mr. Mark Lancaster June 27, 2007 Page 4 Deliverables . 5 copies of responses to comments to Gty and Caltrans for review and concurrence . 10 hard copies of draft Final EAfor revieVlbythe Gty(2 copies) and Caltrans (8 copies) (Volume 1 only) . 14 hard copies of revised draft Final EA forfinal concurrence by Gty (2 copies) and Caltrans (8 copies) and for forwarding to Caltrans HeadquarterS (4 copies) for review (Volume 1 only) . 14 hard copies of Final EA forGtyand Caltrans review and approval (Volumes 1 and 2) . 15 hard copies and one electronic (Pdf) Final EAlFONSI (Volume 1) and Final technical studies bound in one volume (V ohune 2) Total = 24 copies of Volume I only, 29 copies of Volumes 1 and 2. Environmental Commitments Jones & Stokes shall prepare an enviromnental commitments (Eq matrix in table fonnat for inclusion in the Final EA document as an appendix. It is assumed that the EC will be reviewed as part of the Final enviromnental document. The matrix table will include a description of each avoidance, minimization, and mitigation measure from the EA and technical studies, organized by topic and numbered to correspond with the impacts. For each measure, the Reporting Process, Timing of Measure, Responsible Party, and Verification of G>mplianoe will be identified. Deli..rabks . Draft and Final Environmental G>nimitments matrix for inclusion in the Final EA. STAFFING The Jones & Stokes contact person for this scope of services described above is dJarles Smith, at (949) 260- 1080 x1032. SCHEDULE The anticipated schedule for completion of activities identified herein is detailed on the attached exhibit dated June 2007. CXJST ESTIMATE Jones & Stokes proposes to provide the attached services on a time and materials basis for $83,925. The attached spreadsheet provides the details of our estimated cost. Upon approval of this amendment, our agreement with the Gty of San Bernardino will be amended as follows: 2007-368 ATTACHMENT "A" Mr. Mark Lancaster ]une 27, 2007 Page 5 Services Agreement approved per Reso. No. 2003- 326 Amendment No.1, dated 12/20/04 Amendment No.2, dated 1/8/07 Subtotal: $123,524 45,375 lQ,QQQ $188,899 $83.925 $272,824 Amendment No. 3 (proposed) Total (Revised) Should }Uu need additional infonnation, please call me at (949) 260-1080 x1032. ~ Charles E. Smith, Ala> Project Manager ~ ~ -< :s ~ I ! roil . . ~ I = u ! -< E-- E-- i -< . I I " ,i ~ . E v c . ~ 1 ~ I i ~ "! f Ii ~ J II J! ~ ~ 011 i " ~ ~ 2007-368 Ii ~ I S ~ III i. 1 i I I j I i f ~ I, i I 'I i J; J IflJfj!IH ~ f IlfIJfJ!~i ~ ! ~i~8."'8~.1I' j . Jd.~UU~.H !i i i ~' o ~ I -< :: '" '" "' '" Cl; ... III ~I ~ .. .. 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