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RESOLUTION (ID# 1315) DOC ID: 1315 G
CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Nadeem Majaj M/CC Meeting Date: 11/07/2011
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 1 & 3
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Approving
Amendment No. 7 to Services Agreement with ICF Jones & Stokes for Provision of Professional
Environmental Services for the Design of the Mt. Vernon Ave. Viaduct Over the BNSF
Railroad.
Financial Impact:
Account Budgeted Amount: $4,212,900
Financial Impact of$6,133 to Account No. 242-160-5504-7121-0025
Account Description: Mt Vernon Grade
Balance as of 10/10/11: $4,195,864
Balance after approval of this item: $4,189,731
Please note this balance does not indicate available funding. It does not include non-encumbered
reoccurring expenses or expenses incurred, but not yet processed.
Motion: That said resolution be adopted.
Synopsis of Previous Council Action:
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.
12/20/04 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
p 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,
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.
02/17/09 Resolution No. 2009-31 adopted approving Amendment No. 4 to services
agreement with Jones & Stokes, Inc., for Professional Environmental Services for
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the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad.
07/06/10 Resolution No. 2010-235 adopted approving Amendment No. 5 to services
agreement with ICF Jones & Stokes, Inc., for Professional Environmental
Services for the design of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad.
09/07/10 Resolution No. 2010-303 adopted approving Amendment No. 6 to services
agreement with ICF Jones & Stokes, Inc., for Professional Environmental
Services for the design of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad.
Background:
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 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 Amendment Nos. 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 $98,020.00 as additional
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 July 6, 2010, Amendment No. 5 to the Services Agreement was approved extending the term
of the Agreement to December 31, 2010. This Amendment did not involve any additional cost to
the City.
On September 7, 2010, Amendment No. 6 to the Services Agreement was approved increasing
the fee by the amount of $92,258 in order to be compensated for extra work responding to
extensive Caltrans reviews which were not anticipated in the firm's original Agreement or
Amendments thereto. Amendment No. 6 also extended the term of the Agreement to June 30,
2011.
On July 13, 2011, ICF Jones & Stokes advised that its budget was expended for all tasks
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previously approved, and that Caltrans was requiring additional documents and materials be
distributed to various interested parties that could not have been reasonably anticipated by ICF
Jones and Stokes when they provided their proposal. The additional documents and materials
consist of the following:
• Distribution of response letters to those who commented on the Draft EA during the
public review period;
• Creation and distribution of CD's to those who commented on the Draft EA and those
who were identified on the Final EA distribution list;
• Creation of multiple hard copies of the Draft EA and technical appendices; and
• Revisions to the Final EA resulting from additional rounds of review by Caltrans staff.
ICF Jones & Stokes is requesting an additional $6,133 to cover these costs. Staff agrees that the
costs are reasonable and the special requirements from Caltrans could not have been anticipated.
The current expiration date of the Agreement is June 30, 2011. Staff is recommending that the
expiration date be extended to December 31, 2011. The additional time will be needed to close
out the contract,but no new services are expected to be required of this Contractor.
City Attorney Review:
Approved as to Form.
Suyportin2 Documents:
RESOLUTION TEMPLATE 1 (PDF)
Exhibit A (PDF)
Attachment A (PDF)
Attachment B (PDF)
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RESOLUTION NO.
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. m
VERNON AVENUE VIADUCT OVER THE BNSF RAILROAD. c
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE >
6 CITY OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager is authorized to execute Amendment No. 7 to U.
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the Services Agreement with ICF Jones & Stokes for provision of professional environmental 3
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services for the design of Mt. Vernon Ave. Viaduct over the BNSF Railroad (attached and E
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12 SECTION 2. This Amendment No. 7 shall not take effect or become operative until
13 fully signed and executed by the parties and no party shall be obligated hereunder until the E
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time of such full execution. No oral agreements, amendments, modifications or waivers are 'n
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intended or authorized and shall not be implied from any act or course of conduct of any
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17 party.
18 SECTION 3. The authorization to execute Amendment No. 7 is rescinded if the
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19 parties to the contract fail to execute it within sixty(60) days of passage of the resolution. Q
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I 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. a�
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I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor o
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and Common Council of the City of San Bernardino at a meeting >
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7 thereof, held on the day of , 2011,by the following vote, to wit: °
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8 Council Members: AYES NAYS ABSTAIN ABSENT =
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MARQUEZ
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JENKINS
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12 BRINKER 0
13 SHORETT
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14 KELLEY a
15 JOHNSON
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MCCAMMACK =
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19 Rachel G. Clark, CMC, City Clerk F
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20 The foregoing resolution is hereby approved this day of , 2011. a.
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Patrick J. Morris, Mayor
23 City of San Bernardino N
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Approved as to form:
25 JAMES F. PENMAN,
City Attorney =
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By: a
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Exhibit"A"
AMENDMENT NO. 7 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this day of , 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:
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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 °c
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 U.
adopted Resolution No. 2004-400, approving Amendment No. 1 to Services Agreement with 2
Contractor for Professional Environmental Services for the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad; and, 3
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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 a
Contractor for Professional Environmental Services for the design of the Mt. Vernon Avenue o
Viaduct over the BNSF Railroad; and,
D. WHEREAS, on September 4, 2007, the Mayor and Common Council of City E
adopted Resolution No. 2007-368, approving Amendment No. 3 to Services Agreement with Q
Contractor for Professional Environmental Services for the design of the Mt. Vernon Avenue LO
Viaduct over the BNSF Railroad; and, M
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E. WHEREAS, on February 17, 2009, the Mayor and Common Council of City N
adopted Resolution No. 2009-031, approving Amendment No. 4 to Services Agreement with 2
Contractor for Professional Environmental Services for the design of the Mt. Vernon Avenue >
Viaduct over the BNSF Railroad; and,
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F. WHEREAS, on July 6, 2010, the Mayor and Common Council of City adopted s
Resolution No. 2010-235, approving Amendment No. 5 to Services Agreement with Contractor w
for Professional Environmental Services for the design of the Mt. Vernon Avenue Viaduct over
the BNSF Railroad; and,
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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 Q
Contractor for Professional Environmental Services for the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad; and,
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Exhibit"A"
Amendment No. 7 to Services Agreement—ICF Jones& Stokes
Page 2 of 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 0°
through December of 2011. o
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NOW THEREFORE, the parties hereto agree as follows:
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1. Section 2 of said Services Agreement is amended to read as follows: Over the term of this
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Amendment No. 7, Contractor shall be paid an additional amount of $6,133.00 for w
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Amendment No.7 as indicated in Attachment "B" and incorporated herein, for a not-to- d
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exceed total compensation of$469,235.00 for all work contemplated under the terms of this a,
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Agreement as Amended as follows: °
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a) Services Agreement approved per Reso. No. 2003-326 . . . . . . $ 123,524.00
b) Amendment No. 1, per Reso. No. 2004-400 . . . . . . . . . . .... . . 45,375.00 E
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 N
g) Amendment No. 6,per Reso. No. 2010-303 ...................... 92,258.00 •o
h) Amendment No. 7 (this request) 6,133.00 9
Total not-to-exceed amount . . . . . . . . . $ 469,235.00 W_
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2. Section 4 of said Services Agreement is amended to read as follows: The term of this r2
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Agreement shall end on December 31, 2011, unless further extended by written agreement of w
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3. All other terms and conditions of said Services Agreement approved by Resolution No. a
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.
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Amendment No.7 to Services Agreement—ICF Jones&Stokes Exhibit "A"
Page 3 of 3
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AMENDMENT NO. 7 TO SERVICES AGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
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ICF JONES & STOKES co
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Date: by: >
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Signature
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Print Name/Title
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CITY OF SAN BERNARDINO E
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Date: by: a
Charles E. McNeely 0
City Manager
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ATTEST: Q
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Rachel Clark, City Clerk o
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Approved as to form: Q
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James F. Penman s
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ATTACHMENT "A"
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1CF
INTERNATIONAL
September 22,2011
Michael Grubbs, P. E. a1
Project Manager, Public Works Department �p
City of San Bernardino =
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300 N. D St.
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San Bernardino,CA 92418 >
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Subject: Request for Budget Amendment for Mt.Vernon Avenue Bridge EA LL
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Dear Mr.Grubbs:
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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 E
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was approved by Caltrans on June 28, 2011. This requested increase will cover all remaining ICF costs related
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to the project.This increased scope of work included the following: Q
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• Distribution of response letters to those who commented on the Draft EA during the public review
period;
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• Creation and distribution of CDs to those who commented on the Draft EA and those who were E
identified on the Final EA distribution list; `t
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• Create multiple hard copies of the Draft EA and technical appendices;and M
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• revisions of the Final EA resulting from additional rounds of review from Caltrans staff. Q
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We estimate that the above modifications to the scope of work resulted in an increase of$6,133 over the E
previously authorized budget. If you have any questions or concerns regarding this request, please feel free v
to contact Mari Piantka or myself at(949)333-6600.
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Sincerely, aa)
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Charles Smith,AICP,Vice President Mari Piantka, Project Manager
1 Ada,Suite 100 Irvine,CA 92618 949.333.6600 949.333.6601 fax Icfi.com lonesandstokes.com
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ATTACHMENT "B"
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