HomeMy WebLinkAbout2010-235
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RESOLUTION NO. 2010-235
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8 Services Agreement with ICFIJones & Stokes for provision of professional environmental
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RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
MENDMENT NO.5 TO SERVICES AGREEMENT WITH ICF/JONES & STOKES
OR PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE
ESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
F SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the City Manager is authorized to execute Amendment No.5 to the
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. 5 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
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SECTION 3. The authorization to execute Amendment No.5 is rescinded if the parties
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to the contract fail to execute it within sixty (60) days of passage of the resolution.
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2010-235
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RESOLUTION ... APPROVING AMENDMENT NO. 5 TO SERVICES
GREEMENT WITH ICF/JONES & STOKES FOR PROVISION OF PROFESSIONAL
NVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT. VERNON AVE.
ADUCT OVER THE BNSF RAILROAD.
I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
5 ommon Council of the City of San Bernardino at a j oint regular
meeting thereof, held
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n the
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6th day of
July
,2010, by the following vote, to wit:
ABSTAIN ABSENT
AYES
NAYS
Council Members:
MARQUEZ
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DESJARDINS
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BRINKER
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SHORETT
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KELLEY
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JOHNSON
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MC CAMMACK
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The foregoing resolution is hereby approved this j?m day of July
,2010.
Approved as to form:
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24 JAMES F. PENMAN,
City Attorney
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2010-235
AMENDMENT NO.5 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this .i!L day of July , 2010, between
ICFIJones & Stokes formerly known as 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. 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 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, on September 4, 2007, the Mayor and Common 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,
E. WHEREAS, on February 17, 2009, the Mayor and Common Council of City
adopted Resolution No. 2009-31, approving Amendment No.4 to Services Agreement with
Contractor for Professional Environmental Services for the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad; and,
F. WHEREAS, the said Services Agreement, as amended, was valid until December
1, 2009; and
. G. WHEREAS, Contractor, by letter dated April 23, 2010 (Attachment "A"), has
requested a fifth amendment to extend the term of the Agreement due to delays beyond the
control of the Contractor or City; and
H. WHEREAS, City anticipates that the servIces of Contractor will be needed
through December of2010.
NOW THEREFORE, the parties hereto agree as follows:
EXHIBIT "A"
2010-235
Amendment NO.5 to Services Agreement -ICF/Jones & Stokes
Page 2 of3
I. Section 2 of said Services Agreement is amended to read as follows: Over the term of this
Amendment No.5, Contractor shall be paid the not-to-exceed amount of $370,844.00 for all
work contemplated under the terms of this Agreement as Amended 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 per Reso. No. 2009-31 . . . . . . . . . . . . . . . . 98,020.00
f) Amendment No. 5 (this request)..................................... 0.00
Total not-to-exceed amount. . . . . . . . . . . .. $ 370,844.00
2. Section 4 of said Services Agreement shall be amended to add the following: The term of this
Agreement shall terminate on December 31, 2010, unless further extended by written
agreement of the parties. The Agreement may be reopened within one year of termination
date upon written agreement of the parties.
3. All other terms and conditions of said Services Agreement approved by Resolution No.
2003-326, Resolution No. 2004-400, Resolution No. 2007-13, Resolution No. 2007-368 and
Resolution No. 2009-31 shall remain unchanged.
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2010-235
Amendment No.5 to Services Agreement -ICF/Jones & Stokes
Page 3 of3
AMENDMENT NO.5 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
Date:~
by:
1CFlJONES & STOKES
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Signature
CA~SM\~ -J\~ ~JlA,~
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Print Name/Title
Date:
7(/3fo
by:
Charles E. McNeely
City Manager
ATTEST:
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Rachel ark, City Clerk
Approved as to form:
James F. Penman
City Attorney
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2010-235
ATTCHMENT "A"
ICF
INTERNATIONAL
April 23, 2010
Mr. Michael Grubbs .
Project Manager
City of San Bernardino
300 North "0" Street
San Bernardino: California 92418
Subject: Mount Vernon Avenue Bridge ReplaG8fl19nt. Project - ICF Contract Extension
Dear Mr. Grubbs:
This lelter is in reference to ICF Jones al1ll Slakes' $Xlntract with the City of San Bernardino (City) for the
Mount Vernon Avenue Bridge Replacement Project (Project). As identified in Amendment 4, which was
approved in early 2009, our contract with the City expired on December 1, 2009, and we are requesting
that the City extend our contract for the Project.
We look forward to continuing our successful partnel'$hip wnh the City and in completing the National
Environmental Policy Act document for the Project. If you have questions, please contact Brian Calvert at
(949) 333-6618 or send Brian an e-mail atbcalvert@icfi.com.
Sincerely, (
Chartes Smith, AICP
VICe President
1 Ada Partwa~.Sulte 100 __ Irvine., CA 92618 __ 949.333.6600 _ 949.333.6601 fax __ icfi.com