HomeMy WebLinkAbout15-Development Services
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: Valerie C. Ross, Director
Subject: Resolution authorizing the
execution of Amendment No. 3 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: August 9, 2007
File: 1.1729
MCC Date:
09-04-07
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 oftemporary 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. I 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.
01-08-07 Resolution No. 2007-13 adopted approving Amendment No.2 to Agreement with Jones &
Stokes for Professional Environmental Services for the Mt. Vernon Viaduct over BNSF
Railroad.
Recommended Motion:
Adopt Resolution.
v WAiu (/.1:,b4r
Valerie C. Ross
Contact person: Valerie Ross, Director
Phone:
5357
Supporting data attacbed: Staff Report, Resolution, Exhibit A
Ward:
1&3
FUNDING REQUIREMENTS:
$83.925
Amount:
Source: (Acct. Nos.)
242-362-5504-7121
Acct. Description: Mt. Vernon Grade Separation at BNSF (SS04-12)
Finance:
'1/'1/07
Agenda Item No. 15
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CITY OF SAN BERNARDINO - REOUEST FOR COUNCIL ACTION
STAFF REPORT
Subject:
Resolution authorizing the execution of Amendment No. 3 to Professional Services Agreement
with Jones & Stokes 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 1. 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 1. Frank and Associates.
On December 20, 2004, Amendment No. 1 to the Services Agreement was approved with Myra
1. 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. I.
Jones & Stokes has requested by letter, dated June 27, 2007, an Amendment No.3 to cover its
cost associated with additional work being required by Caltrans, which was not included in the
original agreement or the two amendments.
Staff has reviewed this request and agrees that due to numerous revisions requested by Caltrans,
the additional services have been necessary and were not included in the original agreement,
Amendment No. I or Amendment No.2. These additional services are critically needed in order
to move the project through the environmental process with Caltrans. Therefore, staff
recommends approval of Amendment No.3.
Jones & Stokes has provided the attached schedule, which indicates the final Environmental
Assessment (EA) can be approved by Caltrans and FHW A and a Finding of No Significant
Impact (FONSI) can be issued by FHW A in August of 2009. Assuming the environmental
process goes as scheduled, final design can commence in February 2009 and overlap with
completion of the environmental documents. The PS&E could be certified and ready to bid upon
approval of the environmental documents. Construction is expected to start in January of 2010
and be completed by summer of20II.
The Service Agreement, as amended, with Jones & Stokes is set to expire on December I, 2007.
Since the services of Jones & Stokes will be needed until completion of the environmental
process, staff recommends that the Service Agreement be extended for an additional two (2)
years with a new expiration of December 1,2009.
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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
STAFF REPORT - Continued
Financial Impact:
Eighty percent of the cost of this Amendment to the Agreement with Jones & Stokes will be
reimbursable from a combination ofHBRR funds and Seismic Retrofit Funds, subject to the City
providing the 20% percent matching funds.
The following is a summary of cost for the subject Agreement with Jones & Stokes Associates:
Services Agreement approved per Reso. No. 2003-326 . . . . . . . . . . . ..$ 123,524.00
Amendment No. I to Services Agreement Reso. No. 2004-400. . . . . . . 45,375.00
Amendment No.2 to Services Agreement Reso. No. 2007-13 . . . . . . . . 20,000.00
Amendment No.3 to Services Agreement (this request). . . . . . . . . . . . . 83.925.00
Grand Total. . . . . . . . . . . ..$ 272,824.00
Sufficient funds have been included in the FY 07-08 budget under Account No. 242-362-5504-
7121 "Mt. Vernon Grade Separation at BNSF (SS04-12)" to cover the additional cost of
Amendment No.3 to the Services Agreement.
Recommendation:
Adopt Resolution.
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RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
AMENDMENT NO.3 TO SERVICES AGREEMENT WITH JONES & STOKES FOR
4 PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN
5 OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD.
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
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SECTION 1. That the City Manager is authorized to execute Amendment No.3 to the
9 Services Agreement with Jones & Stokes for provision of professional environmental services
10 for the design ofMt. Vernon Ave. Viaduct over the BNSF Railroad (attached and incorporated
11 herein as Exhibit "A").
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SECTION 2. This Amendment No.3 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
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16 or authorized and shall not be implied from any act or course of conduct of any party.
17 SECTION 3. This resolution is rescinded if the parties to the contract fail to execute it
18 within sixty (60) days of passage of the resolution.
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<1 - 4 -01
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2 RESOLUTION ... APPROVING AMENDMENT NO. 3 TO SERVICES
AGREEMENT WITH JONES & STOKES FOR PROVISION OF PROFESSIONAL
3 ENVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT. VERNON AVE.
VIADUCT OVER THE BNSF RAILROAD.
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I HEREBY CERTIFY that the foregoing resolution was duIy adopted by the Mayor and
6 Common Council of the City of San Bernardino at a
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meeting thereof, held
on the
day of
, 2007, by the following vote, to wit:
Council Members:
AYES
NAYS
ABSTAIN
ABSENT
9 ESTRADA
10
BAXTER
11
12 BRINKER
13 DERRY
. 14 KELLEY
15
JOHNSON
16 MC CAMMACK
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of ,2007.
21
Patrick J. Morris, Mayor
22 City of San Bernardino
23 Approved as to form:
24 JAMES F. PENMAN,
25 City Attorney
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Exhibit" A"
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AMENDMENT NO.3 TO SERVICES AGREEMENT
THIS AGREEMENT is entered into this _ day of , 2007, between
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, on December I, 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,
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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, Contractor has requested a third amendment to said Services
Agreement; and,
E. WHEREAS, Contractor has provided the most advantageous and best proposal
for the provision of said services; and
F. WHEREAS, the said Services Agreement, as amended, will terminate on
December 1,2007; and
G. WHEREAS, City will need the services of Contractor until completion of the
environmental phase of the work which is expected to be completed in 2009.
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 June 27, 2007, attached hereto and incorporated herein as Attachment "A."
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Amendment No.3 to Services Agreement -Myra L. Frank/Jones & Stokes
Page 2 on
Exhibit" A"
2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this
Amendment No.3, Contractor shall be paid an additional not-to-exceed amount of
$83,925.00 for a total not-to-exceed amount as follows:
a) Services Agreement approved per Reso. No. 2003-326 . . . . . .
b) Amendment No. I Per Reso. No. 2004-400. ......... ......
c) Amendment No.2 per Reso. No. 2007-13 . . . . . . . . . . . . . . . .
d) Amendment No.3 (this request) . . . . . . . . . . . . . . . . . . . . . . . .
Total not-to-exceed amount. . . . . . . . . . . . .
$ 123,524.00
45,375.00
20,000.00
83.925.00
$ 272,824.00
3. Section 4 of said Services Agreement shall be amended to add the following: The term of this
Agreement shall be extended for two (2) additional years and shall terminate on December I,
2009, 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, Resolution No. 2004-400.and Resolution No. 2007-13 shall remain unchanged.
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Exhibit "A"
Amendment No.3 to Services Agreement -Myra L. Frank/Jones & Stokes
Page 3 of3
AMENDMENTNO.3TOSERVICESAGREEMENT
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown
below.
Date:
Date:
ATTEST:
Rachel Clark, City Clerk
Approved as to form:
James F. Penman
City Attorney
JONES & STOKES
by:
Signature
Print Namerritle
CITY OF SAN BERNARDINO
by:
Fred Wilson
City Manager
City of San Bernardino
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ATTACHMENT "A"
~~SSlt\.
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Jones & Stokes
Jooe 27, 2007
Mr. Mark Lancaster
atyof San BemaIdino
Department of Engineering
300 North D Street
San Bem:udino, CA 92418
SUBJECf:
Request for Amendment No.3
Mt. Vernon Ave. Bridge Service Agreement
Dear Mr. Lancaster:
This is a request for Amendment No. 3 to our existing Service Agreement with the aty of San Bernardino
for the Mr. Vernon Avenue Bridge project.
SroPE OF WORK
Our scope of work comprises the following activities associated with the preparation and processing of
environmental documentation for the Mr. Vernon Avenue Bridge project:
Section 106 Process
Jones &. Stokes will submit the Historic Property Swvey Repon (HPSR), Finding of Effect (FOE), and
Memorandum of Agreement (MOA) documents for processing by Cahrans, the Federal Highway
Administration (FHWA), and the State Historic Preservation Officer (SHPO). We will revise and resubmit
the documents to respond to those agency's review comments, assuming that level of effon as shown in the
attached line-item cost spreadsheet.
DditeraIies
. 10 copies of HPSR and FOE for submittal to FHWA
. 10 copies of revised HPSR and FOE for submittal to Calttans/FHWA
. 10 copies of Final HPSR and FOE for submittal to Calttans/FHWA
. 10 copies of Draft MOA for submittal to Caltrans/FHWA
. 10 copies of Final MOA for submittal to CaltranS/FHWAlSHPO
Technical Studies
Cnmrrnmity ItllPact Assessment
Jones &. Stokes will revise the Community Impact Assessment (aA) to incorporate current land use planning
information available from the atyof San Bem:udin? We will submit the aA for one roood of Caltrans
review and approval.
17310 Red Hill Avenue, Suite 320 . Irvine, CA 92614 . tel. 949.260.1080 . fax 949.260.108f
www.jooesandstokes.com
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ATTACHMENT "A"
Mr. Mark Lancaster
June 27, 2007
Page 2
Section 410 Study
Jones & Stokes will revise the Section 4(Q Study to address Caltrans' preliminary comments provided in
January 2006. We will submit the Section 4(f) Study concurrent with (as an appendix to) the Draft EA
discussed below.
OtherT""hnical Studies
We understand that all other teclmical studies have been approved by Caltrans and that no further revisions
will be required.
De/i'tl!Ta!ies
. 5 copies of OA for submittal to Caltrans
. 5 copies of revised OA for submittal to Caltrans
Environmental Assessment
Sc.reencheck and Draft Environmental Assessment fy.A,\
Uilizing the information contained in the technical reports, along with additional information and analyses
that are performed, as necessary, Jones & Stokes will prepare a Screencheck Draft EA based on the current
version of the CaItrans EA template that is available at the time that the document is initiated. The
Screencbeck Draft EA will be submitted to the aty of San Bernardino and Caltrans for concurrent review.
The document will be submitted with the new QAI QC signature sheet that will be required following NEP A
delegation. It is assumed that Caltrans NEP A readiness review will occur during this time. Along with the
Screencheck Draft EA, a draft FHW A California Division Checklist for Draft Environmental Documents (SS
# S20319) (d1ecklist) will be prepared and submitted, if this Cl1ecklist is still utilized following NEP A
delegation. The Section 4(f) Study will be included as an appendix to the Screencheck Draft EA.
Following atyand Caltrans review of the Screencheck Draft EA, Jones & Stokes will participate in a one-day
document review worl<shop with atyand CaItrans staff, and we will revise the document to respond to
comments received at the workshop. Following the workshop, Jones & Stokes will prepare the Draft EA and
submit the document to the Oty and Caltrans for concurrence. It is assumed that no additional comments
will be received as part of the concurrence review. It is further assumed that the project will be considered a
complex EA, and that the Draft EA would be sent to Caltrans Headquarters for review (ncte: this wxJd rxmr in
lieu rfFHWA reUeu). Following review and comment byCaltrans Headquarters, the fmal Draft EA will be
prepared, along with a response to comments matrix related to Caltrans' Headquarters comments, to obtain
atyand Caltrans approval to release the document for public availability. It is assumed that no additional
comments will be received during the concurrence review. After approval and signature of the Draft EA by
Caltrans, the document will be released for public availability. For the pwposes of this scope of work, it is
assumed 15 copies of the Draft EA (Volume 1) and technical studies (Volume II) will be printed for
circulation. We understand that the documents do not need to be submitted to the State Oearinghouse, since
no additional CEQA approval is needed.
ATTACHMENT "A"
.
Mr. Mark Lancaster
June 27, 2007
Page 3
Notice of Availabili~
Prior to public availability, Jones & Stokes will prepare a public distribution list in consultation with and for
approval by the Oty and Cahrans. In addition, Jones & Stokes will prepare a combined Notice of Availability
and Notice of Opportunity for Public Hearing (NONNOPH) in accordance with GUtrans requirements.
'!he NONNOPH must be published in a loca1 newspaper of public circulation and filed with the San
Bernardino Countyderk. Jones & Stokes will assist the Gtyand Cahrans with publishing the notice but it is
assumed that the cost of publication will be the responsibility of the Oty. The Draft EA will require a 3D-day
public review period. If requested during the pubic availability period, a public hearing would be conducted.
This scope and cost assumes that no public hearing will he requested or conducted.
f);./;"PW1J}""
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. 10 hard copies of ScreencheckEA (2 to Otyand 8 to Caltrans) (Volume 1 only; Volume 2 would contain
the technical studies on CD if requested)
. 10 hard copies of Draft EA for concurrence (2 to Gtyand 8 to GUtrans) (Volume 1 only; Volume 2
would contain the technical studies on CD if requested)
. 4 hard copies of Draft EA for Cahrans HeadquarterS review (V olwnes 1 and 2)
. 14 copies of final Draft EAfor approval foravailability by Oty and GUtrans (2 to Oty, 8 to GUtrans, and
4 to Cahrans HeadquarterS) (Volumes 1 and 2, with Volume 2 on CD onl:0
. Draft and Final NOAlNOPH (assumed to be transmitted electronically with no hard copies)
. 15 hard copies and one electronic (pdf) Draft EA for availability (Volumes 1 and 2)
T ota! = 34 copies of Volume I only, 19 copies of V olurnes 1 and 2.
Final Envimnrnental Assess......". $A)
.
At the close of the public availability period for the Draft EA,Jones & Stokes will review and respond to all
comments ~ved. In addition, Jones &Stokes will attend a meeting with the Otyand Odtrans staff to
review anywritten comments on the Draft EA that were received and to discuss potential responses to these
comments, if the comments received warrant such a meeting. '!he responses to conunents will he forwarded
to the Otyand Cahrans for review and approval prior to making any changes to the EA It is assumed that
no conunents requiring new analyses or from la~ will be received.
Upon approval of the responses to conunents, Jones & Stokes will revise the EA to respond to the
comments, to document the circulation period and coordination, and to identify whether any changes to the
project have occurred. Jones & Stokes will submit the Draft Final PONSI to the Otyand GUtrans for
review, though it will technical1y still be an EA at this point, along with a completed Federal Highway
Administration GUifornia Division Environmental Checklist for Final Environmental Documents (SS
# 521230), if this a,~ld;.t is still used following NEP A delegation. '!he document will be submitted with the
new QN QC signature sheet that will be required following NEP A delegation. Following the incorporation
of one set of conunents from the Otyand GUtrans, the Final FONSI will then be prepared and submitted to
GUtrans who will forward it to Cahrans Headquarte~. Following Ca\trans HeadquarterS review, the Final
EAlFONSI will be submitted to GUtrans to make a Finding of No Significant Impact (FONS!), along with a
comment response matrix identifying how any connnents from Cahrans Headquarters were addressed. Jones
& Stokes will assist Cahrans in preparing a draft of the FONSI, if requested.
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ATTACHMENT "A"
Mr. Mark Lancaster
June 27, 2007
Page 4
Deliverablcs
. 5 copies of responses to comments to Gty and Caluans for review and concurrence
. 10 hard copies of draft Final EA for review by the Gty(2 copies) and Caltrans (8 copies) (Volwne 1
onl~
. 14 hard copies of revised draft Final EA for final concurrence by Gty (2 copies) and Caltrans (8 copies)
and for forwarding to Caltrans Headquarters (4 copies) for review (Volume 1 onl~
. 14 hard copies of Final EA for Gty and Caltrans review and approval (Volumes 1 and 2)
. 15 hard copies and one electronic (pdf) Final EAlFONSI (Volume 1) and Final technical studies bound
in one volume (Volume 2)
Total = 24 copies of Volume I only, 29 copies of Volumes 1 and 2.
Environmf"..fital Commihnents
Jones & Stokes shall prepare an environmemal commitments (EC) matrix in table format for inclusion in the
Final EA document as an appendix. It is asswned that the Ee wiII be reviewed as part of the Final
environmental document. The matrix table wiII include a description of each avoidance, minimization, and
mitigation measure from the EA and technical studies, OIganized by topic and numbered to correspond with
the impacts. For each measure, the Reporting Process, Tuning of Measure, Responsible Party, and
Verification of CDmplianoe wiII be identified.
Deli/l8rableJ
. Draft and Final Environmental CDnimitments matrix for inclusion in the Final EA.
STAFFING
The Jones & Stokes contact person for this scope of services described above is C11arIes Smith, at (949) 260-
1080 x1032.
SCHEDULE
The anticipated schedule for completion of activities identified herein is detailed on the attached exhibit dated
June 2007.
COST ESTIMATE
Jones & Stokes proposes to provide the attached services on a time and materials basis for $83,925. The
attached spreadsheet provides the details of our estimated cost. Upon approval of this amendment, our
agreement with the Gty of San Bernardino wiII be amended as follows:
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ATTACHMENT "A"
Mr. Mark Lancaster
June 27, 2007
Page 5
Services Agreement approved per Reso. No. 2003-326
Amendment No.1, dated 12/20/04
Amendment No.2, dated 1/8/07
Subtotal:
$123,524
45,375
&QQQ
$188,899
$83.925
$272,824
Amendment No.3 (proposed)
Total (Revised)
Should you need additional informacion, please call me at (949) 26Q..1080 xl032.
~
Ourles E. Smith, AI (1)
Project Manager
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