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HomeMy WebLinkAbout13-Development Services e e e CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing the execution of Amendment No. 2 to Professional Services Agreement with Jones & Stokes for professional environmental services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad. Dept: Development Services Date: December 12, 2006 File: 1.1729 MCC Date: 01-08-07 Synopsis of Previous Council Action: 12-01-03 Resolution No. 2003-326 adopted approving Professional Environmental Services Agreement with Myra L. Frank and Associates for environmental services related to the Mt. Vernon Bridge Project. 03-15-04 Resolution adopted authorizing execution of Professional Services Agreement with Lim & Nascimento (LAN) Engineering Corporation for the Project Management of the Mt. Vernon Ave. Viaduct over the BNSF railroad in the amount of $49,000. 06-07 -04 Resolution awarding contract to Yeager Skanska, Inc. for installation of temporary support for the Mt. Vernon Bridge over the BNSF Railroad in the amount of $165,000 and authorization for the Director of Finance to amend the FY 2003/04 Budget. 07-06-04 Resolution No. 2004-215 adopted approving Amendment No.1 to Agreement with Lim & Nascimento Engineering Corp. for Project Management of the Mt. Vernon Viaduct over BNSF Railroad. 12-20-04 Resolution No. 2004-400 adopted approving Amendment No. I to Agreement with Jones & Stokes for Professional Environmental Services for the Mt. Vernon Viaduct over BNSF Railroad. Recommended Motion: Adopt Resolution. V~U_~ Valerie C. Ross Contact person: Mark Lancaster, Deputy Director/City Engineer 3305 Phone: Supporting data attached: Staff Report, Resolution, Exhibit A Ward: 1&3 FUNDING REQUIREMENTS: $20.000 Amount: Source: (Acct. Nos.) 242-362-5504-7121 Acct. Description: Mt. Vernon Grade Separation at BNSF (SS04-12) Finance: II fJ07 Agenda Item No. I~ CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT e Subject: Resolution authorizing the execution of Amendment No. 2 to Professional Services Agreement with Jones & Stokes Associates for professional environmental services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad. Background: On December I, 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. The highly qualified environmental firm of Jones & Stokes Associates subsequently acquired Myra L. Frank and Associates. On December 20, 2004, Amendment No. I 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. I increased the total contract amount by $45,375.00. Jones & Stokes Associates has requested this Amendment No.2 in the amount of $20,000 to compensate the firm for additional environment studies not covered in the original Agreement or Amendment No. I. These additional studies are described in detail in the attached letter from Jones & Stokes Associates. dated December II, 2006. e Staff has reviewed this request and agrees that due to numerous revisions requested by Caltrans and one study requiring a complete revision due to changes in federal guidelines, the additional services were not included in the original agreement or Amendment No. I. These studies are critically needed in order to move the project through the environmental process with Caltrans. Therefore, staff recommends approval of Amendment No.2. Caltrans is expected to approve the Initial Study/Environmental Assessment (IS/EA) and authorize the City to proceed with design by the summer of 2007. Design, or a designlbuild concept, can begin at that time. Construction is expected to begin in early 2008 and be completed by mid-2009. Financial Impact: Eighty percent of the cost of this Amendment to the Agreement with Jones & Stokes Associates will be reimbursable from a combination of HBRR funds and Seismic Retrofit Funds. subject to the City providing the 20% percent matching funds. The following is a summary of costs for the subject Agreement with Jones & Stokes Associates: Services Agreement approved per Reso. No. 2003-326 . . . . . . . . . . . . .$ Amendment No. I to Services Agreement Reso. No. 2004-400. . . . . . . Amendment No.2 to Services Agreement (this request) ........... GrandTotal....... ...$ 123.524.00 45.375.00 20.000.00 188,899.00 Sufficient funds have been included in the FY 2006-7 budget to cover the additional costs of Amendment No.2 to the Services Agreement. e Recommendation: 2 ~() /' C/101 Adopt Resolution. 1 2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING 3 AMENDMENT NO.2 TO SERVICES AGREEMENT WITH MYRA L. FRANK/JONES & STOKES FOR PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES 4 FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF 5 RAILROAD. 6 7 8 9 10 RESOLUTION NO. BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. That the Mayor is authorized to execute Amendment No.2 to the Services Agreement with Myra 1. Frank/Jones & Stokes for provision of professional environmental services for the design of Mt. Vernon Ave. Viaduct over the BNSF Railroad (attached and 11 12 13 14 15 16 17 18 19 III 20 III 21 22 23 24 25 26 27 28 incorporated herein as Exhibit "A"). SECTION 2. This Amendment No.2 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. This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. III No. /3 11;/07 - 1 - 1 RESOLUTION ... APPROVING AMENDMENT NO. 2 TO SERVICES 2 AGREEMENT WITH MYRA L. FRANK/JONES & STOKES FOR PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT. 3 VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and Common Council of the City of San Bernardino at a meeting thereof, held on the day of ,2007, by the following vote, to wit: Council Members: AYES NAYS ABSTAIN ABSENT ESTRADA BAXTER BRINKER DERRY KELLEY JOHNSON MC CAMMACK City Clerk The foregoing resolution is hereby approved this day of ,2007. 20 21 22 23 Approved as to form: 24 25 26 27 28 Patrick J. Morris, Mayor City of San Bernardino JAMES F. PENMAN, City Attorney ,Ie--- - 2 - Exhibit "A" AMENDMENT NO.2 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of , 2007, between Myra 1. Frank/Jones & Stokes formerly known as Myra 1. Frank/Jones & Stokes, and also formerly known as Myra 1. Frank & Associates, Inc. ("Contractor") and the CITY OF SAN BERNARDINO ("City)". WITNESSETH: A. WHEREAS, the Mayor and Common Council of City adopted Resolution No. 2003-326, approving a Services Agreement with Contractor for Professional Epvironmental Services for the design of the Mt. Vernon A venue Viaduct over the BNSF Railroad; and, B. WHEREAS, 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, B. WHEREAS, Contractor has requested a second amendment to said Services Agreement; and, C. WHEREAS, Contractor has provided the most advantageous and best proposal for the provision of said services. NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 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 11, 2006, attached hereto and incorporated herein as Attachment "A. II 2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this Amendment No.2, Contractor shall be paid an additional not-to-exceed amount of $20,000 for a total not-to-exceed amount as follows: a) Services Agreement approved per Reso. No. 2003-326 . . . . . . b) Amendment No.1 Per Reso. No. 2004-400 . . . . . . . . . . .... . . c) Amendment No.2 (this request) . . . . . . . . . . . . . . . . . . . . . . . . Total not-to-exceed amount. . . . . . . . . . . . . $ 123,524.00 45,375.00 20.000.00 $ 188,899.00 Exhibit" A" Amendment No.2 to Services Agreement -Myra L. Frank/Jones & Stokes Page 2 of3 3. Section 4 of said Services Agreement shall be amended to add the following: The term of this Agreement shall be extended for one year and shall terminate on December 1, 2007, unless further extended by written agreement of the parties. 4. All other terms and conditions of said Services Agreement approved by Resolution No. 2003-326 and Resolution No. 2004-400 shall remain unchanged. /// /// 2 Exhibit "A" Amendment No.2 to Services Agreement -Myra L. Frank/Jones & Stokes Page 3 of3 AMENDMENT NO.2 TO SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. JONES & STOKES Date: by: Signature Print Name/Title CITY OF SAN BERNARDINO Date: by: Patrick J. Morris Mayor City of San Bernardino ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City Attorney By: L '1- .IL.- o 3 1- r m Jones & Stokes EXHIBIT A ATIACHMENT A December 11, 2006 Mr. Mark Lancaster Otyof San Bernardino Depanment of Engineering 300 NOM D Street San Bernardino, CA 92418 Subject: Request for Budget Amendment Mt. VemonAve. Bridge Project Dear Mr. Lancaster: This is a request for a budget increase of $20,000 to continue the preparation of environmental documentation for the Mt. Vernon Avenue Bridge project. Our current services agreement with the Oty of San Bernardino, as amended, is as follows: Services Agreement approved per Reso. No. 2003-326 Amendment No.1, dated 12/20/04 Total: $123,524 $ 45375 $168,899 Amendment No.2 (proposed) Total (Revised): $ 20.000 $188,899 The purpose of this amendment request is to accommodate work anti~ipared to complete the NEP A Environmental Assessment and supponing technical studies for the project, based upon Caltrans review comments received to dare. These studies include: . Natural Environment Study; . Initial Sire Assessment; . Asbestos and Lead-Based Paint; . Community Impact Assessment; . Noise Study Repon; . Section 4(Q Study; . Historic Propenies Survey Report; and . Finding of Effect. Work on the project is currently on hold, pending approval of this amendment request. Should you have any questions, please contact me at (949) 260-1080 x1032. Sincerely, rles E. Sntith, Ala> Project Director 17310 Red Hjll Avenue. Sulle 320 . Irvine. CA 92614 . lel.949.260.1080 . fax 949.260.1061 www.jonesandstokes.com