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HomeMy WebLinkAbout23- Public Works ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Robert Eisenbeisz, City Engineer Subject: Resolution authorizing the execution of Amendment No. 5 to Professional Services Dept: Public Works Agreement with Jones& Stokes for professional environmental services for the design of the Mt. Date: June 9,2010 Vernon Avenue Viaduct over the BNSF Railroad (SSO4-12). File: 1.7121 MCC Date: July 6, 2010 Synopsis of Previous Council Action: 02-17-09 Resolution No. 2009-31 adopted approving Amendment No. 4 to services agreement with Myra L. Frank & Associates, Inc. for Professional Environmental Services for the design of the Mt.Vernon Avenue Viaduct over the BNSF Railroad. 09-04-07 Resolution No. 2007-368 adopted approving Amendment No. 3 to services agreement with Myra L. Frank & Associates, Inc. for Professional Environmental Services for the design of the Mt.Vernon Avenue Viaduct over the BNSF Railroad. 01-08-07 Resolution No. 2007-13 adopted approving Amendment No. 2 to services agreement with Myra L. Frank & Associates, Inc. for Professional Environmental Services for the design of the Mt.Vernon Avenue Viaduct over the BNSF Railroad. 12-04-04 Resolution No. 2004-400 adopted approving Amendment No. 1 to services agreement with Myra L. Frank & Associates, Inc. for Professional Environmental Services for the design of the Mt.Vernon Avenue Viaduct over the BNSF Railroad. 12-01-03 Resolution No. 2003-326 adopted approving a services agreement with Myra L.Frank& Associates, Inc. for Professional Environmental Services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad. Recommended Motion: Adopt Resolution. Robert Eisenbeisz Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Resolution Ward(s): 1 &3 &Exhibit A FUNDING REQUIREMENTS: Amount: None Source: (Acct.No.) 242-362-5504-7121 Acct. Description: Mt. Vernon Grade Separation at BNSF (SSO4-12) Finance: Agenda Item No. 1 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution authorizing the execution of Amendment No. 5 to Professional Services Agreement with Jones & Stokes for professional environmental services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad(SSO4-12). Backeround: On December 1, 2003, a professional environmental services agreement in the not-to-exceed amount of $123,524.00 was approved with Myra L. Frank and Associates for environmental services related to the Mt. Vernon Bridge Project. Shortly thereafter, the environmental firm of Jones & Stokes Associates acquired Myra L. Frank and Associates. On December 20, 2004, Amendment No. 1 to the Services Agreement was approved with Myra L. Frank/Jones & Stokes for additional environmental services related to the Mt. Vernon Bridge Project. Amendment No. 1 increased the total contract amount by $45,375.00. On January 8, 2007, Amendment No. 2 was approved in the amount of $20,000 to compensate the firm for additional environment studies not covered in the original Agreement or Amendment No. 1. On September 4, 2007, Amendment No. 3 was approved in the amount of $83,925 to compensate the firm for additional environment studies not covered in the original agreement or amendments 1 & 2. Amendment No. 3 also established the expiration date of the Agreement as December 1, 2009. On February 17, 2009, Amendment No. 4 was approved authorizing compensation for complying with requirements from Caltrans concerning the Community Impact Assessment (CIA), the Paleontological Identification Report (PIR) and Paleontological Evaluation Report (PER), the Section 4(f) historic resources document, the noise assessment, the Initial Site Assessment (ISA), the Visual Impact Assessment (VIA) and update of the Environment Assessment (EA) all of which were not anticipated at the time of the original proposal or previous amendments,but were later identified as being required by Caltrans staff. Subsequent to the approval of Amendment No. 4, Jones and Stokes was acquired by ICF and the organization assumed the name ICF/Jones& Stokes. On May 29, 2009 Caltrans staff completed their 2nd review of the draft EA and issued comments which identified more new issues, including questions about Environmental Justice, Traffic, and Hazardous Material. These new comments resulted in six to nine months of delay to the project schedule. The traffic comments were unclear and required a follow-up meeting with Caltrans to obtain clarification. The traffic comments were not clarified until mid July 2009, and at that time it was determined that in order to address the comments, a new traffic study would be required. City staff engaged the services of a consultant traffic engineer to complete the new traffic study, which, again, added further delays to the project. 2 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued The traffic study was completed in November of 2009. In addition to the draft EA, Caltrans staff issued additional comments relative to the VIA, CIA, Paleontology, and the Initial Site Assessment(for Hazardous Materials) (ISA). Most of the CIA comments relate to the four parcels west of the bridge and south of the BNSF facility. The ISA related comments indicated that the ISA document was over one year old and had to be updated. This required coordination with the BNSF because Caltrans staff was requesting a site investigation that would disrupt the railroad operation. It took 6 months to get a letter from BNSF indicating that they would not allow us to do what Caltrans staff was requesting because it would adversely disrupt their freight service. The consultant was able to update the ISA without entering the BNSF facility by conducting a visual evaluation from the existing bridge. Without the BNSF letter, this would not have been accepted by Caltrans staff. This issue was not resolved until December 2009 and the EA could not be resubmitted for a 3rd review until then. On December 14, 2009 the revised draft EA document was submitted to Caltrans for a 3rd review. The document contained the sections that previously were not included. The revised draft EA document would have been submitted much sooner had it not been for the recent requests to update the Traffic and the ISA checklist. The newly requested information resulted in delaying the submittal of the revised EA document for a 3rd review because Caltrans staff required the complete EA document to be submitted at one time, with the applicable sections updated. On February 4, 2010 Caltrans staff completed their 3rd review of the EA document and issued an additional round of comments. City staff requested a workshop meeting to go over the comments one-by-one with the consultants present so that the requested wording changes could be made to Caltrans staff satisfaction during the meeting using a laptop computer. The hope was that final resolution of the wording could be accomplished without having to continue the back and forth iterations of submittals and responses; however, Caltrans staff refused to participate in the workshop. The only significant issues raised in the latest comments appear to be related to the CIA and Environmental Justice. Our consultants feel that there is not an Environmental Justice issue involved with the four parcels because the area is fairly homogeneous with respect to the socioeconomic makeup of the area. On May 11, 2010, the City received twelve (12) pages of comments from the Caltrans Local Assistance NEPA QC Reviewer. Several years ago Caltrans established the position of NEPA QC Reviewer in order to fulfill its responsibilities under the Federal Highway Administration (FHWA) NEPA delegation program. This program delegates all responsibility for NEPA compliance to Caltrans for federally funded projects in California. The Local Assistance NEPA QC Review is a final compliance check before the EA can be circulated. The length of comment list appears long, but most are simply clarifications that can be easily corrected. 3 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT—Continued Based on the latest estimates, it appears that the EA can be certified in November of 2010, barring any further delays. Since the services of ICF/Jones & Stokes will be needed until the document is certified, the Consultant has requested that their Agreement for Services be extended until the environmental document is completed. See Attachment "A" to proposed Amendment No. 5. Staff feels that extending the Agreement until December 31, 2010, provides sufficient time for ICF/Jones & Stokes to complete their part of the work. Staff is now estimating that construction of the bridge replacement project can start in 2012 and be completed by 2014. Financial Impact: There is no additional cost to the City for approval of Amendment No. 5 to the Services Agreement. Recommendation: Adopt Resolution. Attachments: Exhibit"A"—Amendment No. 5 to Services Agreement. 4 I RESOLUTION NO. COPY 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 3 kMENDMENT NO. 5 TO SERVICES AGREEMENT WITH ICF/JONES & STOKES OR PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE 4 ESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY 6 F SAN BERNARDINO AS FOLLOWS: 7 SECTION 1. That the City Manager is authorized to execute Amendment No. 5 to the 8 Services Agreement with ICF/Jones & Stokes for provision of professional environmental 9 services for the design of Mt. Vernon Ave. Viaduct over the BNSF Railroad (attached and 10 incorporated herein as Exhibit"A"). 11 SECTION 2. This Amendment No. 5 shall not take effect or become operative until 12 13 fully signed and executed by the parties and no party shall be obligated hereunder until the time Q14 of such full execution. No oral agreements, amendments, modifications or waivers are intended 15 or authorized and shall not be implied from any act or course of conduct of any party. 16 SECTION 3. The authorization to execute Amendment No. 5 is rescinded if the parties 17 to the contract fail to execute it within sixty(60) days of passage of the resolution. 18 19 20 21 22 23 24 25 26 27 28 - l - 1 RESOLUTION ... APPROVING AMENDMENT NO. 5 TO SERVICES 2 AGREEMENT WITH ICF/JONES & STOKES FOR PROVISION OF PROFESSIONAL NVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT. VERNON AVE. 3 VIADUCT OVER THE BNSF RAILROAD. 4 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and 5 Common Council of the City of San Bernardino at a meeting thereof, held 6 on the day of 2010,by the following vote,to wit: 7 Council Members: AYES NAYS ABSTAIN ABSENT 8 9 MARQUEZ 10 DESJARDINS 11 BRINKER 12 SHORETT 13 KELLEY —.— 14 JOHNSON __- 15 16 MC CAMMACK 17 18 City Clerk 19 The foregoing resolution is hereby approved this day of 12010. 20 21 Patrick J. Morris, Mayor City of San Bernardino 22 Approved as to form: 23 24 JAMES F. PENMAN, City Attorney 25 26 © By. 27 28 2_ Exhibit"A" AMENDMENT NO. 5 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this day of , 2010, 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 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 of 2010. NOW THEREFORE, the parties hereto agree as follows: Exhibit"A" Amendment No. 5 to Services Agreement—ICF/Jones&Stokes Page 2 of 3 1. 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. 2 Exhibit"A" Amendment No. 5 to Services Agreement-1CF/Jones&Stokes Page 3 of 3 AMENDMENT NO. 5 TO SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. ICF/JONES & STOKES Date: by: Signature Print Name/Title CITY OF SAN BERNARDINO Date: by: Charles E. McNeely QCity Manager ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City Attorney By: 3 AMENDMENT NO. 5 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this day of , 2010, 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 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, 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 of 2010. NOW THEREFORE, the parties hereto agree as follows: Amendment No.5 to Services Agreement—ICF/Jones&Stokes (� Page 2 of 3 V 1. 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 terns of this Agreement as Amended 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 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. 2. Amendment No.5 to Services Agreement—1CF/Jones&Stokes Page 3 of 3 AMENDMENT NO. 5 TO SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. ICF/JONES & STOKES Date: by: Signature Print Name/Title CITY OF SAN BERNARDINO Date: by: Charles E. McNeely City Manager ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City Attorney By: f 3 r ATTCHMENT"t. ICF �. INTERNATIONAL April 23,2010 Mr. Michael Grubbs Project Manager City of San Bernardino 300 North "D"Street San Bernardino, California 92418 Subject: Mount Vernon Avenue Bridge Replacement Project—ICF Contract Extension Dear Mr.Grubbs: This letter is in reference to ICF Jones and Stokes',contract 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 partnership with 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 at bcalvert@icfi.com. - Sincerely, Charles Smith,AICP Vice President r- 1 Ada Parkway,6vi[e 100 Wine.U 92618 949.333.6600 949333.6601 fax kfi.4om