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HomeMy WebLinkAbout2009-031 RESOLUTION NO. 2009-31 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO.4 TO SERVICES AGREEMENT WITH JONES & STOKES FOR 3 PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN 4 OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 5 6 7 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.4 to the 8 Services Agreement with Jones & Stokes for provision of professional environmental services 9 for the design ofMt. Vernon Ave. Viaduct over the BNSF Railroad (attached and incorporated 10 11 12 13 14 15 herein as Exhibit "A"). SECTION 2. This Amendment No.4 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. 16 17 18 III 19 20 21 III 22 23 24 25 26 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 This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. III 27 28 ;;}. - 17-0 -=#' J:; - 1 - 2009-31 1 RESOLUTION ... APPROVING AMENDMENT NO. 4 TO SERVICES AGREEMENT WITH JONES & STOKES FOR PROVISION OF PROFESSIONAL 2 ENVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 3 4 5 6 7 8 9 10 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Connnon Council of the City of San Bernardino at a joint regular meeting thereof, held on the 17th , 2009, by the following vote, to wit: day of February Council Members: NAYS ABSTAIN ABSENT AYES ESTRADA x BAXTER x 11 BRINKER 12 13 14 x (VACANT) KELLEY x JOHNSON x 15 16 17 18 19 20 21 22 23 24 25 26 27 28 MC CAMMACK x a~!.J.~ City Clerk The foregoing resolution is hereby approved this /9m day of J?phT""TY , 2009. Approved as to form: JAMES F. PENMAN, City Attorney .L -2- 2009-31 EXHIBIT "A" " AMENDMENT NO.4 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this 17th day of February, 2009, 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 Connnon 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 Connnon 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, C. WHEREAS, on January 8, 2007, the Mayor and Connnon 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, on September 4, 2007, the Mayor and Connnon Council of City adopted Resolution No. 2007-368, approving Amendment No.3 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 fourth 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, is valid until December 1, 2009; and NOW THEREFORE, the parties hereto agree as follows: 1. 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 December 22, 2008, attached hereto and incorporated herein as Attachment "A." 2009-31 Amendment No.4 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.4, Contractor shall be paid an additional not-to-exceed amount of $98,020.00 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 Per Reso. No. 2004-400 . . . . . . . . . . .... . . 45,375.00 c) Amendment No.2 per Reso. No. 2007-13. . . . . . . . . . . . . . . . 20,000.00 d) Amendment No.3 per Reso. No. 2007-368. . . . . . . . . . . . . . . . 83,925.00 e) Amendment No.4 (this request) . . . . . . . . . . . . . . . . . . . . . . . . 98.020.00 Total not-to-exceed amount. . . . . . . . . . . .. $ 370,844.00 3. All other terms and conditions of said Services Agreement approved by Resolution No. 2003-326, Resolution No. 2004-400, Resolution No. 2007-13, and Resolution No. 2007-368 shall remain unchanged. 1// //1 2 2009-31 Amendment NO.4 to Services Agreement -Myra L. Frank/Jones & Stokes Page 3 of3 AMENDMENT NO.4 TO SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. JONES & STOKES Date:~ by: ~ ~ Signature ~~ SM\~ / ~ qp;:r.-A.~ Print NameITitle I CITY einberg m City Manager Date: ~~tf by: ATTEST: (2~ h.~ Rachet Clark, City Clerk Approved as to form: James F. Penman City Attorney By: L I-'(~ U 3 2009-31 ATTACHMENT "A" ICF Jones & Stokes an ICF International Company December 22, 2008 Mr. Robert EisenBeisz City Engineer City of San Bernardino 300 North D Street San Bernardino, CA 92418-0001 oo~@rnow~fi)' DEe 2 9 20D8 l0 CITY OF SAN BERNARDINO DevELOPMENT SERVICES DEPARTMENT SUBJECT: Request for Amendment No.4 to Mt. Vernon Avenue Bridge Service Agreement dated 12/31/03. Dear Mr. EisenBeisz: ICF Jones & Stokes respectfully requests this Amendment NO.4 to our existing Service Agreement with the City of San Bernardino for the Mt. Vernon Avenue Bridge project. The scope of work presented herein comprises the following activities associated with the preparation and processing of environmental documentation for the Mt. Vernon Avenue Bridge project. SCOPE OF WORK Technical Studies Paleontological Identification Report (PIR) and Paleontological Evaluation Report (PER) A separate paleontological report has been requested by Caltrans. ICF Jones & Stokes will prepare a combined PIRlPER with similar level of detail as the recently approved District 8 1-215 PI RIPER, per Caltrans direction. We will submit the PI RIPER for two rounds of Caltrans review and approval. The cost estimate assumes that there is no requirement to rehire staff at the San Bernardino County Museum, a professional signature by Mark Robinson is accepted by Caltrans. and the level of detail will not encompass PI RIPER requirements as outlined in Chapter 8 of the Caltrans Standard Environmental Reference (SER). This cost estimate also assumes that preparation of the following documents will not be required: (1) A Paleontological Mitigation Plan (PMP) (2) A Paleontological Mitigation Report (PMR) (3) A Paleontological Stewardship Summary (PSS). We will submit this documentation for one round of review. '9775BuslnftSPl~~\l.,SuI1e200 ___ 5anDie90.CA921l1 _ 858.51UI964 _ 1151.571.0573'... ___ idi.com ___ jOnfYndstokM.com 2009-31 Mr. Robert EisenBeisz City of San Bernardino December 22, 2008 Page 2 Visual Impact Assessment A separate Visual Impact Assessment has been requested by Caltrans. Previous meetings have indicated that a Visual Impact Summary Memorandum would suffice for the project. However, most recent Caltrans comments dated 11/25/08 requests the preparation of a full Visual Impact Assessment. It is our understanding that only general comments have been provided by Caltrans and detailed comments will be provided upon the technical report submittal. The cost estimate is limited to comments provided within the 11/25/08 letter and does not include subsequent Caltrans comment. We will submit the VIA for one round of Caltrans review and approval. Community Impact Assessment Previous Amendment NO.3 assumed only one submittal of the Community Impact Assessment and revisions which were limited to inclusion of current land use planning information available from the City of San Bernardino. ICF Jones & Stokes will re-submit the Community Impact data, the Community Impact Assessment and associated environmental document revisions based on Caltrans comments dated 11/25/2008. It is our understanding that only general comments have been provided by Caltrans and detailed comments will be provided upon the next submittal. We will submit the CIA for one round of Caltrans review and approval. Section 4(f) Previous Amendment NO.3 assumes a response to Section 4(1) issued identified in Caltrans comments from January 2006. Caltrans has subsequently raised Section 4(1) comments beyond the resources previously identified in January 2006. ICF Jones & Stokes will re-submit the Section 4(1) study along with the environmental document submittal and will assume two rounds of Caltrans review and approval. It is assumed a De Minimus Impact Fining will not be required, and that there will be no new comments beyond those identified in the Caltrans letter dated 11/25/08. Additionally. previous Amendment No.3 assumes a one-day document review workshop (concurrent with the EA review workshop as described, below) with City and Caltrans staff and no additional Caltrans comments will be received as part the review workshop. In lieu of the workshop, Caltrans provided comments on 11/2512008. The cost estimated has been updated to reflect receipt of written comments in lieu of an approval obtained at the workshop. Noise Previous Amendment NO.3 assumes this technical study has been approved by Caltrans and that no further revisions will be required. Amendment NO.4 will address Caltrans comments dated 11/25/2008 requesting revisions to the previously approved document. It is assumed that ICF Jones & Stokes .."lCf~ComPM'lY 2009-31 Mr. Robert EisenBeisz City of San Bernardino December 22, 2008 Page 3 there will be no new comments beyond those identified in the Caltrans letter dated 11/25/08. We will submit this documentation for one round of review. Initial Site Assessment Previous Amendment NO.3 assumes this technical study has been approved by Caltrans and that no further revisions will be required. Amendment NO.4 will address Caltrans comments dated 11/2512008 requesting information that requires revisions to the previously approved document. It is assumed that there will be no new comments beyond those identified in the Caltrans letter dated 11/25/08. We will submit this documentation for one round of review. Other Technical Studies We understand that all other technical studies have been approved by Caltrans and that no further revisions will be required. The cost estimate assumes that updates, or preparation of new technical studies will not be required for issue areas such as: (1) Water Quality (2) Location Hydraulics (3) Initial Site Assessment (4) Geotechnical Report (5) Air Quality and (6) Relocation Impact Report. Environmental Assessment Previous Amendment NO.3 assumes a one-day document review workshop with City and Caltrans staff and no additional Ca~rans comments will be received as part the review workshop. In lieu of the workshop, Caltrans provided substantial comments on 11/2512008 and a meeting was held on 12/2/2008 for further discussion. The cost estimated has been updated to reflect receipt of written comments in lieu of approval obtained in a workshop. Additionally, the cost estimate includes the following tasks not included in the original scope of work: (1) CE justification research and preparation of a detailed CE recommendation letter and (2) Attendance at three meetings with the City of San Bernardino. Deliverables Ca/trans Submittal #7 This task requires a full re-submittal of Environmental Document and Technical Reports, per Caltrans request and will include the following: . 10 Copies - Environmental Document . 5 Copies - Historic Property Survey Report . 5 Copies - Finding of Effect . 5 Copies - Memorandum of Agreement ICF Jones & Stokes .an ICF International (oml*lY 2009-31 Mr. Robert EisenBeisz City of San Bernardino December 22, 2008 Page 4 . 5 Copies - Natural Environment Study . 5 Copies - Noise . 5 Copies - Hazardous Waste Initial Site Assessment . 5 Copies - Community Impact Assessment . 5 Copies - Section 4(1) - within Environmental Document . 5 Copies - Visual Impact Assessment . 5 Copies - Paleontological Identification Report (PIR) and Paleontological Evaluation Report (PER) Caltrans Submittal #2 This task requires a full re-submittal of Environmental Documents and Technical Reports, per Caltrans request and will include the following: . 5 Copies - Environmental Document . 5 Copies - Historic Property Survey Report . 5 Copies - Finding of Effect . 5 Copies - Memorandum of Agreement . 5 Copies - Natural Environment Study . 5 Copies - Noise . 5 Copies - Hazardous Waste Initial Site Assessment . 5 Copies - Community Impact Assessment . 5 Copies - Section 4(1) - within Environmental Document . 5 Copies - Visual Impact Assessment . 5 Copies - Paleontological Identification Report (PIR) and Paleontological Evaluation Report (PER) COST The cost information presented herein reflects our estimate of the work necessary to provide professional services based upon our knowledge of similar projects. We estimate that the scope of work described will amend our previous agreements by $98.020. These fees are for professional services and will be billed on a time and materials basis. ICF Jones & Stokes reserves the right to internally adjust hours so as not to exceed the estimated cost of services. Professional services shall not exceed the quoted fee without prior written approval. ICF Jones & Stokes .an ICF Int<<MtionaI Compw.y 2009-31 Mr. Robert EisenBeisz City of San Bernardino December 22, 2008 Page 5 I hope this amendment proposal meets your needs. If you have any questions or require additional information, please contact Jean Lafontaine at (858) 578-8964 extension 323. Sincerely, ~ Charles Smtth Branch Leader ICFJones& Stokes 4n Ie, IntemItionaI CGm\WlY .. 1:! . E .. = .. c o i > Ii "0 c 'E . E . III c . <I> " .l! ~ E II w - . o () ~ , " ,; I: : ~ j ~,;~!;; <09:<09 .:i , ~ I~~~~~~ii~;:~~ . ~ ...... . ! ....., . ...... . ....., . . 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