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Home My WebLink About2011-294 RESOLUTION NO. 2011-294 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 7 TO SERVICES 3 AGREEMENT WITH ICF JONES & STOKES FOR PROVISION OF 4 PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT. VERNON AVENUE VIADUCT OVER THE BNSF RAILROAD. 5 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 7 8 9 10 11 12 13 14 15 16 17 18 19 20 III 21 22 23 III 24 III 25 III 26 III SECTION 1. That the City Manager is authorized to execute Amendment No.7 to the Services Agreement with ICF 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.7 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. The authorization to execute Amendment No.7 is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. III 27 III 28 ..,.'"""...."._.~.,"'^..~"'""','-"...,,,.,~"""'.~~,.,.,,._.,..'.'"v''" ,'o'"-'.""",.~"",,,,,,;\n.I'L "j ,f!lt,~ '~ 2011-294 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 7 TO SERVICES 2 AGREEMENT WITH ICF JONES & STOKES FOR PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT. 3 VERNON AVENUE VIADUCT OVER THE BNSF -RAILROAD. 4 5 6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and .common Council of the City of San Bernardino at a Regular meeting 7 thereof, held on the 7th day of November ,2011, by the following vote, to wit: 8 9 10 11 12 13 14 15 16 Council Members: AYES NAYS ABSTAIN ABSENT MARQUEZ x - JENKINS x X BRINKER SHORETT X - KELLEY X JOHNSON X MCCAMMACK X 17 18 19 20 The foregoing resolution is hereby approved this 21 22 23 24 25 26 27 Approved as to form: JAMES F. PENMAN, City Attorney By: 28 ~h.~. Ra el G. Clark, CMC, City Clerk /,0 nI day of November ,2011. ~r City of San Bernardino 2011-294 Exhibit" A" AMENDMENT NO.7 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this ~ day of November, 2011, between ICF Jones & 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 A venue 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. 2007-013, approving Amendment No.2 to Services Agreement with Contractor for Professional Environmental Services for the design of the Mt. V ernon 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 theBNSF Railroad; and, E. WHEREAS, on February 17, 2009, the Mayor and Common Council of City adopted Resolution No. 2009-031, approving Amendment No.4 to Services Agreement with Contractor for Professional Environmental Services for the design of the Mt. V ernon Avenue Viaduct over the BNSF Railroad; and, F. WHEREAS, on July 6, 2010, the Mayor and Common Council of City adopted Resolution No. 2010-235, approving Amendment No.5 to Services Agreement with Contractor for Professional Environmental Services for the design of the Mt. V ernon Avenue Viaduct over the BNSF Railroad; and, G. WHEREAS, on September 7, 2010, the Mayor and Common Council of City adopted Resolution No. 2010-303, approving Amendment No.6 to Services Agreement with Contractor for Professional Environmental Services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad; and, "''''''-:''~M<,.','J '.!l. . "II'. l.~l!:Wr- .1 . . 2011-294 Exhibit" A" Amendment No.7 to Services Agreement -ICF Jones & Stokes Page 2 o.f 3 H. WHEREAS, the said Services Agreement, as amended, is set to terminate on June 30, 2011; and I. WHEREAS, Contractor, by letter dated September 22,2011 (incorporated herein as Attachment "A"), has requested a seventh amendment to increase the not-to-exceed fee and to extend the term of the Agreement due to delays beyond the control of the Contractor or City; and J. WHEREAS, City anticipates that the services of Contractor will be needed through December of 2011. NOW THEREFORE, the parties hereto agree as follows: 1. Section 2 of said Services Agreement is amended to read as follows: Over the term of this ,-.Y"'. Amendment No.7, Contractor shall be paid an additional amount of $6,133.00 for Amendment No.7 as indicated in Attachment "B" and incorporated herein, for a not-to- exceed total compensation of $469,235.00 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. 2007-013 . . . . . . . . . . . . . . . 20,000.00 d) Amendment No.3, per Reso. No. 2007-368. . . ~ . . . . . . . . . . . . 83,925.00 e) Amendment No.4, per Reso. No. 2009-031 . . . . . . . . . . . . . . . 98,020.00 f) Amendment No. 5, per Reso. No. 2010-235 ...................... 0.00 g) Amendment No. 6, per Reso. No. 2010-303 ...................... 92,258.00 h) Amendment No. 7 (this request) ...................... 6.133.00 Total not-to-exceed amount ......... $ 469,235.00 2. Section 4 of said Services Agreement is amended to read as follows: The term of this Agreement shall end on December 31, 2011, unless further extended by 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. 2007-013, Resolution No. 2007-368, Resolution No. 2009-031, Resolution No. 2010-235 and Resolution No. 2010-303 shall remain unchanged. 2 2011-294 Exhibit" A" Amendment No.7 to Services Agreement -ICF Jones & Stokes Page 3 of3 AMENDMENT NO.7 TO SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. ICF JONES & STOKES Date:~ by: ~ Signature ~~~~M\\)~, A,rJ. \I~ YrJ~~ Print Name/Title . Date: \~ \ '\, ~.\ \ by: ATTEST: ~);;. ~ Rach Clark, City Clerk Approved as to form: James F. Penman City Attorney By: 3 '-<""""''''''_''''''''_~'t''_",*,''''''~~''''_''''''I'~__,f""",""~"""""",~~,,,;,.,..,.-"'~._'.oc..''-_' 2011-294 ATTACHMENT "A" - ICF INTERNATIONAL September 22, 2011 Michael Grubbs, P. E. Project Manager, Public Works Department City of San Bernardino 300 N. D St. San Bernardino, CA 92418 Subject: Request for Budget Amendment for Mt. Vernon Avenue Brid&eEA Dear Mr. Grubbs: ICF respectfully requests an amendment to our contract to increase the budget based on additional work efforts performed that were above and beyond the agreed upon scope of work. The Final EA for the project was approved by Caltrans on June 28, 2011. This requested increase will coverall remaining ICF costs related to the project. This increased scope of work included the following: . Distribution of response letters to those who commented on the Draft EA during the public review period; . Creation and distribution of CDs to those who commented on the Draft EA and those who were identified on the Final EA distribution list; . Create multiple hard copies of the Draft EA and technical appendices; and . revisions of the Final EA resulting from additional rounds of review from Caltrans staff. We estimate that the above modifications to the scope of work resulted in an increase of $6,133 over the previously authorized budget. If you have any questions or concerns regarding this request, please feel free to contact Mari Piantka or myself at (949) 333-6600. Sincerely, Jt1~ (t. ~ Charles Smith, AICP, Vice President Mari Piantka, Project Manager 1 Adl, Suh. 100 _ Irvine, CA 92&1. - Mt.33UtoO - "'.333.6601 fIX - Icfl.com - Ionftlncfttok6.com 2011-294 ATTACHMENT "B" ~ o ~ 01 ~ o U1 il ~ <, g 5 ~ ~, {j ~ 00 -Iii u ~ ~ E "0 u E; l:l. ~ ~ ~ s:: - o ~ ~ "0 .~ '" ~