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HomeMy WebLinkAbout12-Development Services ORIGINAL CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION From: Valerie C. Ross, Director Subject: Resolution authorizing the execution of Amendment No.4 to Professional Services Agreement with Jones & Stokes for professional environmental services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad (SS04-12). Dept: Development Services Date: January 27,2009 File: 1.7121 MCC Date: February 17,2009 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. 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. 03-15-04 Recommended Motion: Adopt Resolution. fJ1uit; C. ~ Valerie C. Ross Contact Person: Robert Eisenbeisz, City Engineer Phone: 5203 Supporting data attached: Staff Report, Resolution & Exhibit A Ward(s): 1 & 3 FUNDING REQUIREMENTS: Amount: $ 98,020 Source: (Acct. No.) 242-362-5504-7121 Acct. Description: Mt. Vernon Grade Separation at BNSF (SS04-12) Council Notes: Finance: ;(G-so 02...009-.3 / Agenda Item No. 11- 2"1~oq CITY OF SAN BERNARDINO REOUEST FOR COUNCIL ACTION STAFF REPORT Subiect: Resolution authorizing the execution of Amendment No.4 to Professional Services Agreement with Jones & Stokes for professional environmental services for the design of the Mt. Vernon Avenue Viaduct over the BNSF Railroad (SS04-12). Backl!:round: 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. Shortly thereafter, the environmental firm of Jones & Stokes Associates 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. 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. 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 I & 2. Jones & Stokes has requested by letter, dated December 22, 2008, an Amendment No.4 to cover its cost associated with additional work being required by CaItrans, which includes two new studies not previously identified by CaItrans staff as requirements for the project. Both a Paleontological Identification Report (PIR) and a Paleontological Evaluation Report (PER) are being required to identify any Paleontological resources at the site which could be disturbed by construction. A Visual Impact Assessment (VIA) is also being required to evaluate the impact of the project on nearby uses, especially the single-family homes at the southwest comer of the bridge. This assessment was not previously required by Caltrans. Additionally, the consultant is requesting additional compensation for requirements from Caltrans concerning the Community Impact Assessment (CIA), the Section 4(f) historic resources document, the noise assessment, the Initial Site Assessment (ISA) and update of the Environment Assessment (EA) that could not have been reasonably anticipated at the time of the original proposal or previous amendments. Staff has reviewed this request and agrees that due to numerous additions and revisions requested by CaItrans, the additional services have been necessary and were not included in the original agreement, Amendment No. I, Amendment No.2 or Amendment No.3. These additional services are critically needed in order to move the project through the environmental process with CaItrans. Therefore, staff recommends approval of Amendment No.4. 2 CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION STAFF REPORT (Continued) Based on the current schedule, the final Environmental Assessment (EA) can be approved by Caltrans and Federal Highway Administration (FHW A) and a Finding of No Significant Impact (FONSI) can be issued by FHW A in September of 2009. Assuming the environmental process proceeds as scheduled, final design can commence in September 2009 and overlap with completion of the environmental documents. The Plans, Specifications & Estimates (PS&E) could be certified and ready to bid after approval of the environmental documents. Right-of-way acquisition can commence after completion of the environmental documents and the right-of- way can be certified concurrent with the PS&E. The PS&E, right-of-way acquisition and bidding are expected to require approximately 18 months. Construction is expected to start in March of2011 and be completed by March of2013. Financial Impact: Eighty percent of the cost of this Amendment to the Agreement with Jones & Stokes will be reimbursable from a combination of Highway Bridge Replacement & Rehabilitation Program (HBRR) 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: 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 (this request) . . . . . . . . . . . . . . . . . . . . . . . . 98,020.00 Total not-to-exceed amount. . . . . . . . . . . .. $ 370,844.00 Sufficient funds have been included in the FY 08-09 budget under Account No. 242-362-5504- 7121 "Mt. Vernon Grade Separation at BNSF (SS04-12)" to cover the additional cost of Amendment No.4 to the Services Agreement. Recommendation: Adopt Resolution. Attachments: Exhibit "A" - Amendment No.4 to Services Agreement. 3 1 RESOLUTION NO. RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO.4 TO SERVICES AGREEMENT WITH JONES & STOKES FOR 3 PROVISION OF PROFESSIONAL ENVIRONMENTAL SERVICES FOR THE DESIGN 4 OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 5 2 BE IT RESOL YED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 6 7 SECTION 1. That the City Manager is authorized to execute Amendment No.4 to the 8 Services Agreement with Jones & Stokes for provision of professional environmental services 9 10 11 12 13 14 15 16 17 18 III for the design of Mt. Vernon Ave. Viaduct over the BNSF Railroad (attached and incorporated herein as Exhibit "A"). SECTION 2. This Amendment No.4 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. 19 20 21 22 23 24 25 26 27 28 III III 'd- -/7-00, #- l~ - I - 1 RESOLUTION ... APPROVING AMENDMENT NO. 4 TO SERVICES AGREEMENT WITH JONES & STOKES FOR PROVISION OF PROFESSIONAL 2 ENVIRONMENTAL SERVICES FOR THE DESIGN OF THE MT. VERNON AVE. VIADUCT OVER THE BNSF RAILROAD. 3 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 ,2009, by the following vote, to wit: AYES NAYS ABSTAIN ABSENT 15 MC CAMMACK 16 17 18 19 20 21 22 23 24 25 26 27 28 City Clerk The foregoing resolution is hereby approved this day of ,2009. Patrick J. Morris, Mayor City of San Bernardino Approved as to form: JAMES F. PENMAN, City Attorney By: . L_ - 2 - Exhibit "A" AMENDMENT NO.4 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of , 2009, between 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 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 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. 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, D. WHEREAS, Contractor has requested a fourth 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, is valid until December 1,2009; and NOW THEREFORE, the parties hereto agree as follows: L 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 22, 2008, attached hereto and incorporated herein as Attachment "A." Exhibit" A" Amendment No.4 to Services Agreement -Myra L. Frank/Jones & Stokes Page 2 of3 2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this Amendment No.4, Contractor shall be paid an additional not-to-exceed amount of $98,020.00 for a total not-to-exceed amount 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 (this request) . . . . . . . . . . . . . . . . . . . . . . . . 98,020.00 Total not-to-exceed amount. . . . . . . . . . . .. $ 370,844.00 3. All other terms and conditions of said Services Agreement approved by Resolution No. 2003-326, Resolution No. 2004-400, Resolution No. 2007-13, and Resolution No. 2007-368 shall remain unchanged. 1/1 1/1 2 Exhibit" A" Amendment No.4 to Services Agreement -Myra L. Frank/Jones & Stokes Page 3 of3 AMENDMENT NO.4 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: Mark F. Weinberg Interim City Manager ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City Attorney By: (t~~ 7 .l,~_ /! I U 3 ATTACHMENT "A" ICF Jones & Stokes .an ICF Int~national Company December 22, 2008 Mr. Robert EisenBeisz City Engineer City of San Bernardino 300 North D Street San Bernardino, CA 92418-0001 oo@@rgDW~f5' DEe 2 g 20D8 U:!J CITY OF SAN BERNARDINO DEVELOPMENT SERVICES DEPARTMENT SUBJECT: Request for Amendment No.4 to Mt. Vernon Avenue Bridge Service Agreement dated 12/31/03. Dear Mr. EisenBeisz: ICF Jones & Stokes respectfully requests this Amendment No.4 to our existing Service Agreement with the City of San Bernardino for the Mt. Vernon Avenue Bridge project. The scope of work presented herein comprises the following activities associated with the preparation and processing of environmental documentation for the Mt. Vernon Avenue Bridge project. SCOPE OF WORK Technical Studies Paleontological Identification Report (PIR) and Paleontological Evaluation Report (PER) A separate paieontological report has been requested by Caltrans. ICF Jones & Stokes will prepare a combined PI RIPER with similar level of detail as the recently approved District 8 1-215 PI RIPER, per Caltrans direction. We will submit the PIRlPER for two rounds of Caltrans review and approval. The cost estimate assumes that there is no requirement to rehire staff at the San Bernardino County Museum, a professional signature by Mark Robinson is accepted by Caltrans, and the level of detail will not encompass PIRlPER requirements as outlined in Chapter 8 of the Caitrans Standard Environmental Reference (SER). This cost estimate also assumes that preparation of the following documents will not be required: (1) A Paleontological Mitigation Plan (PMP) (2) A Paleontological Mitigation Report (PMR) (3) A Paleontological Stewardship Summary (PSS). We will submit this documentation for one round of review. 971S8usinen.,..rkA...e.nue,Su,1e200 _ San Diil!9O. CA 92131 _ 858.511.8964 _ 858.578.0573101. __ Kfi.(OOl -- jOf\e~an4stokeuom Mr. Robert EisenBeisz City of San Bernardino December 22, 2008 Page 2 Visual Impact Assessment A separate Visual Impact Assessment has been requested by Caltrans. Previous meetings have indicated that a Visual Impact Summary Memorandum would suffice for the project. However, most recent Caltrans comments dated 11/25/08 requests the preparation of a full Visual Impact Assessment. It is our understanding that only general comments have been provided by Caltrans and detailed comments will be provided upon the technical report submittal. The cost estimate is limited to comments provided within the 11/25/08 letter and does not include subsequent Caltrans comment. We will submit the VIA for one round of Caltrans review and approval. Community Impact Assessment Previous Amendment No.3 assumed only one submittal of the Community Impact Assessment and revisions which were limited to inclusion of current land use planning information available from the City of San Bernardino. ICF Jones & Stokes will re-submit the Community Impact data, the Community Impact Assessment and associated environmental document revisions based on Caltrans comments dated 11/25/2008. It is our understanding that only general comments have been provided by Caltrans and detailed comments will be provided upon the next submittal. We will submit the CIA for one round of Caltrans review and approval. Section 4(f) Previous Amendment NO.3 assumes a response to Section 4(1) issued identified in Caltrans comments from January 2006. Caltrans has subsequently raised Section 4(1) comments beyond the resources previously identified in January 2006. ICF Jones & Stokes will re-submit the Section 4(1) study along with the environmental document submittal and will assume two rounds of Caltrans review and approval. It is assumed a De Minimus Impact Fining will not be required, and that there will be no new comments beyond those identified in the Caltrans letter dated 11/25/08. Additionally, previous Amendment NO.3 assumes a one-day document review workshop (concurrent with the EA review workshop as described, below) with City and Caltrans staff and no additional Caltrans comments will be received as part the review workshop. In lieu of the workshop, Caltrans provided comments on 11/2512008. The cost estimated has been updated to reflect receipt of written comments in lieu of an approval obtained at the workshop. Noise Previous Amendment NO.3 assumes this technical study has been approved by Caltrans and that no further revisions will be required. Amendment NO.4 will address Caltrans comments dated 11/2512008 requesting revisions to the previously approved document. It is assumed that .-CF Jones & Stokes <1Il'lCflntetl'\ltioNlCOft'lQMY\l Mr. Robert EisenBeisz City of San Bernardino December 22, 2008 Page 3 there will be no new comments beyond those identified in the Caltrans letter dated 11/25/08. We will submit this documentation for one round of review. Initial Site Assessment Previous Amendment NO.3 assumes this technical study has been approved by Caltrans and that no further revisions will be required. Amendment NO.4 will address Caltrans comments dated 11/25/2008 requesting information that requires revisions to the previously approved document. It is assumed that there will be no new comments beyond those identified in the Caltrans letter dated 11/25/08. We will submit this documentation for one round of review. Other Technical Studies We understand that all other technical studies have been approved by Caltrans and that no further revisions will be required. The cost estimate assumes that updates, or preparation of new technical studies will not be required for issue areas such as: (1) Water Quality (2) Location Hydraulics (3) Initial Site Assessment (4) Geotechnical Report (5) Air Quality and (6) Relocation Impact Report. Environmental Assessment Previous Amendment NO.3 assumes a one-day document review workshop with City and Caitrans staff and no additional Caltrans comments will be received as part the review workshop. In lieu of the workshop, Caltrans provided substantia.1 comments on 11/25/2008 and a meeting was held on 12/212008 for further discussion. The cost estimated has been updated to reflect receipt of written comments in lieu of approval obtained in a workshop. Additionally, the cost estimate includes the following tasks not included in the original scope of work: (1) CE justification research and preparation of a detailed CE recommendation ietter and (2) Attendance at three meetings wtth the City of San Bernardino. Deliverables Caltrans Submittal #7 This task requires a full re-submittal of Environmental Document and Technical Reports, per Caltrans request and will include the following: . 10 Copies - Environmental Document . 5 Copies - Historic Property Survey Report . 5 Copies - Finding of Effect . 5 Copies - Memorandum of Agreement - ICF Jones & Stokes oil'! ICF InlematioNl ComPMlY Mr. Robert EisenBeisz City of San Bemardino December 22, 2008 Page 4 . 5 Copies - Natural Environment Study . 5 Copies - Noise . 5 Copies - Hazardous Waste Initial Site Assessment . 5 Copies - Community Impact Assessment . 5 Copies - Section 4(1) - within Environmental Document . 5 Copies - Visual Impact Assessment . 5 Copies - Paieontologicalldentification Report (PIR) and Paleontological Evaluation Report (PER) Ca/trans Submilta/ #2 This task requires a full re-submittal of Environmentai Documents and Technical Reports, per Caltrans request and will inciude the following: . 5 Copies - Environmental Document . 5 Copies - Historic Property Survey Report . 5 Copies - Finding of Effect . 5 Copies - Memorandum of Agreement . 5 Copies - Natural Environment Study . 5 Copies - Noise . 5 Copies - Hazardous Waste Initial Site Assessment . 5 Copies - Community Impact Assessment . 5 Copies - Section 4(1) - within Environmental Document . 5 Copies - Visual Impact Assessment . 5 Copies - Paleontological Identification Report (PIR) and Paleontologicai Evaluation Report (PER) COST The cost information presented herein refiects our estimate of the work necessary to provide professional services based upon our knowledge of similar projects. We estimate that the scope of work described will amend our previous agreements by $98,020. These fees are for professional services and will be billed on a time and materials basis. ICF Jones & Stokes reserves the right to intemally adjust hours so as not to exceed the estimated cost of services. Professional services shall not exceed the quoted fee without prior written approval. .-CF Jones & Stokes ..n I(F lrrttomational Com~ Me. Robert EisenBelsz City of San Bernardino December 22, 2008 Page 5 I hope this amendment proposal meets your needs. If you have any questions or require additional information, please contact Jean Lafontaine at (858) 578-8964 extension 323. Sincerely, ~ Charles Sm~h Branch Leader ICF Jones & Stokes .."lCf~tiOI'lAlComi*"Y ! " a ! , I ~ ~ I ! , . .i .. c u 1 . E l ~ 0> = ;;; .. 0 0 0 . E r ~ . > u i , 0 ~ 0 'E . " . . E , . 0 m ~ ~ 0 ~ . on " .2 . .! ! < . . , . .5 . .. 'I " ". . w ~ .!!. .~ ""! .. .3 ~ ~ ~ 0 0 5 .,: u i , , . ]~ :;; ~ . I- 0 < g . l " 5 . . . "" ! !! ~ :! -~i ~ u . " u . 0 , a.c 0 , . . " '-" ~ , , !' ~. i ~ . - ...... ....... ~ - - ] ~ i: > ; ~. ~ ! 8 , . ! ~:~\~~~l~I~~i i1. ) a!alalal!l!\~l ... . . ... . . . ! < :....:....:..:~:!l:l:s <:> -~ J a:ar.~i"!~~i ::':: : ~ '" P! Ii ~~ u . e . . . . . . 0( ...;..j...i..~..';'..i.. "' "'IICI' Og"": 2 ':I"': " a s. o .. ..." i ~~~1~~~ji~~]~~ '" .. ..... . . . .. . . . . .. . .. .. . . ~ :",:.:...: ~:!! ~ ., ~ ~ . . . . . ' ...................... i : :~:N:...: :~;J;....: w ~ ! : : : : : : _ "'rni--i-'1"bi-+' N <:> o':l - ...;. ~ ..i..~..i..j..i..l.. - . 0 .. .... ...................... i .U.....UT " - ; ! ITI r""-~ ++++t:;~.. ; ; : i ~N: ~ <:> .. ~ ..... . .. ,... n___.__.___._..h. 1 ~g~ j jlil\:<: ~ ~ .. .... ""oi - . . . . . . . . . . . . ..n......._.......... : : : : :..: GO...! ..... . ~ ':.rj;;r~r;.?\:; ~ ... ~. ~ ; 1 ~ ~ [ .. .';'..i...j...j..';'..,.. I '!"i",":":-:' . -" ! ~ < ~ , ~ $ 1 ! ~ ! . . ~ ~ ~ . . . . ~ ~ , ~, ,!, t j ~ :~'u:i: . .~ ' t <i Jh! !f ~ ~ ~ .i~ll~ ,I.~ ; ! . U'8,~,l,~,1 '. ~, ; ii~i~iUiii~ ~ ," ~ .,i,i'ii'ii,..i . i i ~ ii~l~i~i~I!~ i ~ i i id!i :iT " od~li ~i ~~ . !i"~i. ~"" 0 },,'IO..- .. .. "';.:1 ili l! ~i.~~. 1"'1 :icr:l~15113 ~~~1~~~j~j~:~ j ~ ~ I ~ a a 8 i I! ~ = ~ ~ ~ I ! AMENDMENT NO.4 TO SERVICES AGREEMENT THIS AGREEMENT is entered into this _ day of , 2009, between 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. V ernon 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, D. WHEREAS, Contractor has requested a fourth 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, is valid until December 1, 2009; and NOW THEREFORE, the parties hereto agree as follows: 1. Section I 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 22, 2008, attached hereto and incorporated herein as Attachment "A." Amendment No.4 to Services Agreement -Myra L. Frank/Jones & Stokes Page 2 of3 2. Section 2 of said Services Agreement is amended to read as follows: Over the term of this Amendment No.4, Contractor shall be paid an additional not-to-exceed amount of $98,020.00 for a total not-to-exceed amount 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 (this request) . . . . . . . . . . . . . . . . . . . . . . . . 98,020.00 Total not-to-exceed amount. . . . . . . . . . . .. $ 370,844.00 3. All other terms and conditions of said Services Agreement approved by Resolution No. 2003-326, Resolution No. 2004-400, Resolution No. 2007-13, and Resolution No. 2007-368 shall remain unchanged. III III 2 Amendment No.4 to Services Agreement -Myra L. Frank/Jones & Stokes Page 3 of3 AMENDMENT NO.4 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: Mark F. Weinberg Interim City Manager ATTEST: Rachel Clark, City Clerk Approved as to form: James F. Penman City Attorney By: (L.<-., 1.(~ C 3 ATTACHMENT "A" ICF Jones & Stokes .an 10 Intern,ational Company December 22, 2008 Mr. Robert EisenBeisz City Engineer City of San Bernardino 300 North D Street San Bernardino, CA 92418-0001 oo@@@owrnfiY DEe z 9 2008 U:!J CITY OF SAN BERNAROINO OEVELOPMENT SERVICES OEPARTMENT SUBJECT: Request for Amendment NO.4 to Mt. Vemon Avenue Bridge Service Agreement dated 12/31/03. Dear Mr. EisenBeisz: ICF Jones & Stokes respectfully requests this Amendment NO.4 to our existing Service Agreement with the City of San Bemardino for the Mt. Vernon Avenue Bridge project. The scope of work presented herein comprises the following activities associated with the preparation and processing of environmental documentation for the Mt. Vemon Avenue Bridge project. SCOPE OF WORK Technical Studies Paleontological Identification Report (PIR) and Paleontological Evaluation Report (PER) A separate paleontological report has been requested by Caltrans. ICF Jones & Stokes will prepare a combined PIRlPER with similar level of detail as the recently approved District 8 1-215 PI RIPER, per Caltrans direction. We will submit the PIRlPER for two rounds of Caltrans review and approval. The cost estimate assumes that there is no requirement to rehire staff at the San Bernardino County Museum, a professional signature by Mark Robinson is accepted by Caltrans, and the level of detail will not encompass PI RIPER requirements as outlined in Chapter 8 of the Caltrans Standard Environmentai Reference (SER). This cost estimate also assumes that preparation of the following documents will not be required: (1) A Paleontological Mitigation Plan (PMP) (2) A Paleontological Mitigation Report (PMR) (3) A Paleontological Stewardship Summary (PSS). We will submit this documentation for one round of review. </'175 6l,j~"'ol"l~oal~ '\'~"',e_ )u,t~ ;'CO ~ Sd" a''''Ja, C~ nIl! _- _8~8 '>is a'l~._ ll~a 5750513 r". _-' -d, ,.om _- ;o"~~.I""~f.;kt\ ,.),n Me. Robert E,senBelsz City of San Bernardino December 22. 2008 Page 2 Visual Impact Assessment A separate Visual Impact Assessment has been requested by Caltrans. Previous meetings have indicated that a Visual Impact Summary Memorandum would suffice for the project. However, most recent Caltrans comments dated 11/25/08 requests the preparation of a full Visual Impact Assessment. It is our understanding that only general comments have been provided by Caltrans and detailed comments will be provided upon the technical report submittal. The cost estimate is limited to comments provided within the 11/25/08 letter and does not include subsequent Caltrans comment. We will submit the VIA for one round of Caltrans review and approval. Community Impact Assessment Previous Amendment No.3 assumed only one submittal of the Community Impact Assessment and revisions which were limited to inclusion of current land use planning information available from the City of San Bernardino. ICF Jones & Stokes will re-submit the Community Impact data, the Community Impact Assessment and associated environmental document revisions based on Caltrans comments dated 11/25/2008. It is our understanding that only general comments have been provided by Caltrans and detailed comments will be provided upon the next submittal. We will submit the CIA for one round of Caltrans review and approval. Section 4(1) Previous Amendment No.3 assumes a response to Section 4(f) issued identified in Caltrans comments from January 2006. Caltrans has subsequentiy raised Section 4(f) comments beyond the resources previously identified in January 2006. ICF Jones & Stokes will re-subm~ the Section 4(f) study along with the environmental document submittal and will assume two rounds of Caltrans review and approval. It is assumed a De Minimus Impact Fining will not be required, and that there will be no new comments beyond those identified in the Caltrans letter dated 11/25/08. Additionally, previous Amendment No.3 assumes a one-day document review workshop (concurrent with the EA review workshop as described, below) with City and Caltrans staff and no additional Caltrans comments will be received as part the review workshop. In lieu of the workshop, Caltrans provided comments on 11/25/2008. The cost estimated has been updated to refiect receipt of written comments in lieu of an approval obtained at the workshop. Noise Previous Amendment No.3 assumes this technical study has been approved by Caltrans and that no further revisions will be required. Amendment No.4 will address Caltrans comments dated 11/25/2008 requesting revisions to the previously approved document. It is assumed that ICF Jones & Stokes -,,,:(Flnll/rr,,,tiO".'(Ort'Il..ny Me. Robert EisenBelsz City of San Bernardino December 22. 2008 Page 3 there will be no new comments beyond those identified in the Caltrans letter dated 11/25/08. We will submit this documentation for one round of review. Initial Site Assessment Previous Amendment NO.3 assumes this technical study has been approved by Caltrans and that no further revisions will be required. Amendment NO.4 will address Caltrans comments dated 11/25/2008 requesting information that requires revisions to the previously approved document. It is assumed that there will be no new comments beyond those identified in the Caltrans letter dated 11/25/08. We will submit this documentation for one round of review. Other Technical Studies We understand that all other technical studies have been approved by Caltrans and that no further revisions will be required. The cost estimate assumes that updates, or preparation of new technical studies will not be required for issue areas such as: (1) Water Quality (2) Location Hydraulics (3) Initial Site Assessment (4) Geotechnical Report (5) Air Quality and (6) Relocation Impact Report. Environmental Assessment Previous Amendment NO.3 assumes a one-day document review workshop with City and Caltrans staff and no additional Caltrans comments will be received as part the review workshop. In lieu of the workshop, Caltrans provided substantial comments on 11/25/2008 and a meeting was held on 12/2/2008 for further discussion. The cost estimated has been updated to reflect receipt of written comments in lieu of approval obtained in a workshop. Additionally, the cost estimate includes the following tasks not included in the original scope of work: (1) CE justification research and preparation of a detailed CE recommendation letter and (2) Attendance at three meetings with the City of San Bemardino. Deliverables C'J/lrans SUDrmllal #7 This task requires a full re-submittal of Environmental Document and Technical Reports, per Caltrans request and will include the following: . 10 Copies - Environmental Document . 5 Copies - Historic Property Survey Report . 5 Copies - Finding of Effect :I 5 Copies - Memorandum of Agreement ICF Jones & Stokes .." ,(~ 1r\1l!'//'lcll'0ncll (Otf'P<I"'y Me. Robert EisenBeisz City of San Bernardino December 22, 2008 Page 4 . 5 Copies - Natural Environment Study . 5 Copies - Noise . 5 Copies - Hazardous Waste Initial Site Assessment . 5 Copies - Community Impact Assessment . 5 Copies - Section 4(1) - within Environmental Document . 5 Copies - Visual Impact Assessment . 5 Copies - Paleontological Identification Report (PIR) and Paleontological Evaluation Report (PER) Callrans Submlttali'2 This task requires a full re-submittal of Environmental Documents and Technical Reports, per Caltrans request and will include the following: . 5 Copies - Environmental Document . 5 Copies - Historic Property Survey Report . 5 Copies - Finding of Effect . 5 Copies - Memorandum of Agreement . 5 Copies - Natural Environment Study . 5 Copies - Noise . 5 Copies - Hazardous Waste Initial Site Assessment . 5 Copies - Community Impact Assessment . 5 Copies' Section 4(1) - within Environmental Document . 5 Copies - Visual Impact Assessment . 5 Copies - Paleontological Identification Report (PIR) and Paleontological Evaluation Report (PER) COST The cost information presented herein reflects our estimate of the work necessary to provide professional services based upon our knowledge of similar projects. We estimate that the scope of work described will amend our previous agreements by $98,020. These fees are for professional services and will be billed on a time and materials basis. ICF Jones & Stokes reserves the right to intemally adjust hours so as not to exceed the estimated cost of services. Professional services shall not exceed the quoted fee without prior written approval. ICF Jones & Stokes "'1\ ,C~I,,\.,n..!iol'1dIC()mlJ"ny Me Robert EisenBelsz City of San Bernardino December 22 2008 Page 5 I hope this amendment proposal meets your needs. If you have any questions or require additional information, please contact Jean Lafontaine at (858) 578-8964 extension 323. Sincerely, ~ Charles Smith Branch Leader ICF Jones & Stokes d~. ,(F 1"1l!f"~I,O"..1 (Q",pdny ! i ~ ~ , l ~ I I J . .. ~ c u , . e . ~ '" , , ;; .. c 0 . E j , . . > w u i , , 0 ! ~ c 'Ii ~ ~ . . < . E , . .. ~ ~ c . u .. .s ! w ~ < " , w e ! ., . . . i r ~~ ]' w ~ .. u ~~~ 0 0 <J > .; u ! , . 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