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Home My WebLink About2013-248 RESOLUTION NO. 2013-248 1 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 3 TO AGREEMENT WITH AECOM TECHNICAL SERVICES TO PROVIDE CIVIL 4 ENGINEERING DESIGN SERVICES AND PROJECT MANAGEMENT SERVICES FOR STATE STREET FROM 16TH STREET TO FOOTHILL BOULEVARD - 5 EXTEND AND CONSTRUCT 4 LANES OF ROADWAY (1.5 MILES) TO CONNECT STATE STREET TO RANCHO AVENUE (SSO4-09). 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE 7 CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. The City Manager is hereby authorized and directed to execute 9 Amendment No. 3 to Agreement with AECOM Technical Services to provide Civil 10 11 Engineering Design Services and Project Management Services for State Street from 16th 12 Street to Foothill Boulevard — Extend and Construct 4 Lanes of Roadway (1.5 miles) to 13 Connect State Street to Rancho Avenue (S SO4-09), a copy of which is attached as Exhibit"A" 14 and incorporated herein. 15 SECTION 2. This Amendment shall not take effect until it is fully signed and 16 17 executed by the parties, and no party shall be obligated hereunder until the time of such full 18 execution. No oral contracts, amendments, modifications or waivers are intended or 19 authorized and shall not be implied from any act or course of conduct of any party. 20 SECTION 3. The authorization to execute this Agreement is rescinded if the parties 21 to the Agreement fail to execute it within sixty(60) days of the passage of this Resolution. 22 23 /// 24 25 /// 26 27 28 2013-248 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 3 TO AGREEMENT WITH AECOM TECHNICAL SERVICES TO PROVIDE CIVIL ENGINEERING DESIGN SERVICES AND PROJECT MANAGEMENT SERVICES 3 FOR STATE STREET FROM 16TH STREET TO FOOTHILL BOULEVARD — 4 EXTEND AND CONSTRUCT 4 LANES OF ROADWAY (1.5 MILES) TO CONNECT STATE STREET TO RANCHO AVENUE (SSO4-09). 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor 6 and Common Council of the City of San Bernardino at a joint regular meeting 7 8 thereof, held on thel9th day of August , 2013, by the following vote,to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ x 11 JENKINS x 12 13 VALDIVIA x 14 SHORETT x 15 KELLEY x 16 JOHNSON x 17 MCCAMMACK x 18 20 Georg:. Hanna, •qty Clerk 21 The foregoing resolution is hereby approved this odd Tday of August , 2013. 22 23 'atrick J. orris, Mayor 24 Ci . . Bernardino 25 Approved as to form: 26 JAMES F. PENMAN, City Attorney 27 By: 28 2013-248 EXHIBIT "A" AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES This AMENDMENT is made and entered into this 20th day of August 2013, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation,hereinafter referred to as the "City" and AECOM TECHNICAL SERVICES, hereinafter referred to as "Consultant." WITNESSETH: A. WHEREAS, on July 21, 2008 the Mayor and Common Council adopted Resolution No. 2008-281 approving an Agreement with LAN Engineering Corporation (currently known as AECOM Technical Services) for civil engineering design services and project management services for State Street from 16th Street to Foothill Boulevard— extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SSO4-09)hereinafter referred to as "Project"; and B. WHEREAS,on August 3, 2009 the Mayor and Common Council adopted Resolution No. 2009-247 approving Amendment No. 1 to Agreement with LAN Engineering Corporation (currently known as AECOM Technical Services) for civil engineering design services and project management services for State Street from 16th Street to Foothill Boulevard — extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SSO4-09); and C. WHEREAS, on July 18, 2011 the Mayor and Common Council adopted Resolution No. 2011-227 approving Amendment No. 2 to Agreement with LAN Engineering Corporation (currently known as AECOM Technical Services) for civil engineering design services and project management services for State Street from 16th Street to Foothill Boulevard — extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SSO4-09); and D. WHEREAS, due to the City's financial condition and the lack of Federal or State funding for right-of-way acquisition, construction and San Bernardino Kangaroo Rat (SBKR) mitigation, the City wishes to reduce the Scope of Services (SOS) for the Project; and E. WHEREAS, in order to maintain eligibility for future Federal and State funding, it will be necessary to continue work, as a minimum, on the environmental document under the National Environmental Policy Act (NEPA) through the California Department of Transportation (Caltrans); and F. WHEREAS, based on the original scope of services as amended, the expiration date of the Agreement was established July 31, 2012; and G. WHEREAS, the services of Consultant will be needed for approximately three additional years. - 1 - 2013-248 Amendment No. 3 to Agreement for Professional Services with AECOM Technical Services. NOW THEREFORE,the parties hereto agree as follows: 1. Section 1 "Scope of Services" of said Agreement for Professional Services is hereby amended to consist, in general, of the following actions: A. AECOM assemble and prepare the technical studies for submittal. B. Caltrans review technical studies and reports, which includes Section 7 consultation with U.S. Fish and Wildlife. C. AECOM finalize and submit Environmental Document(ED). D. AECOM advertise for thirty day circulation period. E. AECOM prepare and finalize the ED plus final reviews and approvals. The "Revised Scope of Services" is described in detail in the attached proposal from Consultant dated July 16, 2013, attached hereto and incorporated herein as Attachment "A". 2. Section 5 "Compensation" of said Agreement for Professional Services is hereby amended to add the following: A. The City shall compensate the Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in the performance of work authorized by this Amendment No. 3 in the new not-to-exceed amount of$913,668.56 as indicated in the Consultant's Fee Proposal dated July 10, 2013 per Attachment"B" which is attached hereto and incorporated herein. B. The total not-to-exceed compensation to date for this Consultant Agreement is as follows: -2- 2013-248 Amendment No. 3 to Agreement for Professional Services with AECOM Technical Services. Description Amount Original Agreement $ 827,385.00 Amendment No. 1 $ 800,000.00 Amendment No. 2 $ 291,000.00 Amount Paid on Current Contract -625,003.00 Credit for Unused Scope of Services -1,293,382.00 SUBTOTAL 0.00 Amendment No. 3 (Proposed) $913,668.56 Totals $913,668.56 3. Section 4.1 "Term" of said Agreement for Professional Services is hereby amended to extend the term of this Agreement to June 30, 2016, unless terminated sooner as provided herein. Attachment "C" shows the revised schedule, which is attached hereto and incorporated herein. 4. All other terms and conditions of said Agreement for Professional Services approved by Resolution No. 2008-281, Resolution No. 2009-247 and Resolution No. 2011-227 shall remain unchanged. /// /// -3 - 2013-248 Amendment No. 3 to Agreement for Professional Services with AECOM Technical Services. AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first shown above. CITY OF SAN BERNARDINO AECOM TECHNICAL SERVICES By: By: Allen Parker, City Manager Signature Print Name/Title ATTEST: Georgeann Hanna, City Clerk Approved as to form: James F. Penman City Attorney By: _ -4- .4. 2013-248 EXHIBIT "A" AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES This AMENDMENT is made and entered into this 20th day of August 2013, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "City" and AECOM TECHNICAL SERVICES, hereinafter referred to as "Consultant." WITNESSETH: A. WHEREAS, on July 21, 2008 the Mayor and Common Council adopted Resolution No. 2008-281 approving an Agreement with LAN Engineering Corporation (currently known as AECOM Technical Services) for civil engineering design services and project management services for State Street from 16th Street to Foothill Boulevard— extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SSO4-09) hereinafter referred to as "Project"; and B. WHEREAS, on August 3, 2009 the Mayor and Common Council adopted Resolution No. 2009-247 approving Amendment No. 1 to Agreement with LAN Engineering Corporation (currently known as AECOM Technical Services) for civil engineering design services and project management services for State Street from 16th Street to Foothill Boulevard — extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SSO4-09); and C. WHEREAS, on July 18, 2011 the Mayor and Common Council adopted Resolution No. 2011-227 approving Amendment No. 2 to Agreement with LAN Engineering Corporation (currently known as AECOM Technical Services) for civil engineering design services and project management services for State Street from 16th Street to Foothill Boulevard — extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SSO4-09); and D. WHEREAS, due to the City's financial condition and the lack of Federal or State funding for right-of-way acquisition, construction and San Bernardino Kangaroo Rat (SBKR) mitigation, the City wishes to reduce the Scope of Services (SOS) for the Project; and E. WHEREAS, in order to maintain eligibility for future Federal and State funding, it will be necessary to continue work, as a minimum, on the environmental document under the National Environmental Policy Act (NEPA) through the California Department of Transportation(Caltrans); and F. WHEREAS, based on the original scope of services as amended, the expiration date of the Agreement was established July 31, 2012; and G. WHEREAS, the services of Consultant will be needed for approximately three additional years. - 1 - • 2013-248 Amendment No. 3 to Agreement for Professional Services with AECOM Technical Services. NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 "Scope of Services" of said Agreement for Professional Services is hereby amended to consist, in general, of the following actions: A. AECOM assemble and prepare the technical studies for submittal. B. Caltrans review technical studies and reports, which includes Section 7 consultation with U.S. Fish and Wildlife. C. AECOM finalize and submit Environmental Document (ED). D. AECOM advertise for thirty day circulation period. E. AECOM prepare and finalize the ED plus final reviews and approvals. The "Revised Scope of Services" is described in detail in the attached proposal from Consultant dated July 16, 2013, attached hereto and incorporated herein as Attachment "A". 2. Section 5 "Compensation" of said Agreement for Professional Services is hereby amended to add the following: A. The City shall compensate the Consultant for actual costs (including labor costs, employee benefits, overhead, profit, other direct and indirect costs) incurred by the Consultant in the performance of work authorized by this Amendment No. 3 in the new not-to-exceed amount of$913,668.56 as indicated in the Consultant's Fee Proposal dated July 10, 2013 per Attachment `B" which is attached hereto and incorporated herein. B. The total not-to-exceed compensation to date for this Consultant Agreement is as follows: -2- • 2013-248 Amendment No. 3 to Agreement for Professional Services with AECOM Technical Services. Description Amount Original Agreement $ 827,385.00 Amendment No. 1 $ 800,000.00 Amendment No. 2 $ 291,000.00 Amount Paid on Current Contract -625,003.00 Credit for Unused Scope of Services -1,293,382.00 SUBTOTAL 0.00 Amendment No. 3 (Proposed) $913,668.56 Totals $913,668.56 3. Section 4.1 "Term" of said Agreement for Professional Services is hereby amended to extend the term of this Agreement to June 30, 2016, unless terminated sooner as provided herein. Attachment "C" shows the revised schedule, which is attached hereto and incorporated herein. 4. All other terms and conditions of said Agreement for Professional Services approved by Resolution No. 2008-281, Resolution No. 2009-247 and Resolution No. 2011-227 shall remain unchanged. /// /// -3 - . 4 2013-248 Amendment No.3 to Agreement for Professional Services with AECOM Technical Services. AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first shown above. CITY OF SAN BERNARDINO AECOM TECHNICAL SERVICES By: . ,/ By: S A le• 'arker, City Manager Signature 14iTT ii -okAy4 Print Name/Title Vice p c_ i06NT ATTEST: Georgeann nna, City erk Approved as to form: James F. Penman City Attorney By: ' -GEC'',,"'`— /// -4- 0 cn S Z cc O N .n 'of. J�?,v ?} 59 Q C.) } d Z ¢ o f•1> W "lie, ¢ ^ � O ti ..'. r 0 ,.. W g CL �O O LL1 � � � Y U r I- .< o in vmi CO 0 U G i tt S Al d i.1 g zN ' ' rt. "- _., ;. .1^ a B u '`I)b ¢ iA 10 r w z O sa O >-ce a W O z O 4 2 • �0 W M W U ON■ • o� 4 6 . w `o cn N W t IN- p V U z d OU g .41.11 � 5 m ' z x 0 Z a m P4 "' vz O -. .8 0 CI) t't i d A op R