HomeMy WebLinkAbout2016-110 1 RESOLUTION NO. 2016-110
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING CONTRACT NO. 16-1001511, ASSIGNMENT
3 AND ASSUMPTION AGREEMENT WITH SANBAG AND AECOM TECHNICAL
4 SERVICES, INC. FOR THE DEVELOPMENT OF THE MOUNT VERNON AVENUE
GRADE SEPARATION OVER THE BNSF RAILWAY INTERMODAL YARD
5 PROJECT (SSO4-12).
6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager is hereby authorized and directed to execute on
9 behalf of the City, Contract No. 16-1001511, Assignment and Assumption Agreement with
10 SANBAG and AECOM Technical Services, Inc. for the Development of the Mount Vernon
11 Avenue Grade Separation over the BNSF Railway Intermodal Yard Project (SSO4-12),
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attached hereto as Attachment "A".
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14 SECTION 2. The authorization to execute the above-referenced Agreements is
15 rescinded if they are not executed within ninety (90) days of the passage of this Resolution.
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO APPROVING CONTRACT NO. 16-1001511, ASSIGNMENT
2 AND ASSUMPTION AGREEMENT WITH SANBAG AND AECOM TECHNICAL
SERVICES, INC. FOR THE DEVELOPMENT OF THE MOUNT VERNON AVENUE
3 GRADE SEPARATION OVER THE BNSF RAILWAY INTERMODAL YARD
4 PROJECT (SSO4-12).
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 thereof, held on
7 the 6t" day of June, 2016, by the following vote, to wit:
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9 Council Members: AYES NAYS ABSTAIN ABSENT
10 MARQUEZ X
11 BARRIOS X
12 VALDIVIA X
13
SHORETT X
14
NICKEL X
15
16 RICHARD X
17 MULVIHILL X
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19
Georg n Hanna, ty Cl
C, Cierk
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21 The foregoing Resolution is hereby approved this day of June, 2016.
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r
23
R. Carey Davi , Mayor
24 City of San 13ernardino
25 Approved as to form:
Gary D. Saenz, City Attorney
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27 B
�r-
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2016-110
EXHIBIT "A"
ASSIGNMENT AND ASSUMPTION AGREEMENT
CONTRACT NO. 16-1001511
BY AND BETWEEN
THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SAN BERNARDINO
AND
AECOM TECHNICAL SERVICES, INC.
MOUNT VERNON AVE. VIADUCT OVER BSNF RAILWAY INTERMODAL YARD
This Assignment and Assumption Agreement Contract No. 16-1001511 (AGREEMENT)
is by and between the San Bernardino County Transportation Authority (hereinafter
called AUTHORITY), the City of San Bernardino (hereinafter called CITY), and
AECOM Technical Services, Inc. (AECOM). AUTHORITY, CITY and AECOM are
each a Party, and collectively Parties to this AGREEMENT.
RECITALS:
A. CITY and AECOM have entered into an Agreement for Services (SERVICES
AGREEMENT) for the Design of the Mt. Vernon Avenue Overhead Replacement
Project (PROJECT), Bridge No. 54C-0066, CIP Project No. SSO4-012 and Federal
Aid Project No. BRLS-5033 (042), effective as of May 6, 2013 (CITY Ref No. 2013-
81);
B. CITY and AUTHORITY are entering into a Cooperative Agreement (C161001477)
under which AUTHORITY will provide PROJECT management for the
environmental, design and right of way phases for this PROJECT and will execute a
contract amendment to extend SERVICES AGREEMENT term through December
31, 2016, prior to this AGREEMENT being executed;
C. In order to receive full benefit of the Services already performed by AECOM, and to
have AECOM continue performing Services under the SERVICES AGREEMENT, it
is the intent of the Parties that CITY assign and AUTHORITY assume CITY's rights,
duties and liabilities in connection with the SERVICES AGREEMENT, and that
AECOM consent to the assignment and assumption of the SERVICES
AGREEMENT, all in accordance with this AGREEMENT.
NOW THEREFORE, THE PARTIES HEREBY AGREE:
1. CITY hereby assigns to AUTHORITY and AUTHORITY hereby assumes all of the
CITY's rights, duties and liabilities in connection with the services to be performed
under the AGREEMENT that are necessary to complete the PROJECT.
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2016-110
EXHIBIT"A"
2. The SERVICES AGREEMENT is attached to this AGREEMENT as Exhibit A and is
incorporated herein by this reference.
3. The CITY is responsible for the execution, liabilities, payments and funding for all
Services performed prior to and including the execution date of this AGREEMENT.
4. The Recitals set forth above in this AGREEMENT are incorporated into and made a
part of this AGREEMENT.
5. This AGREEMENT is not intended to amend, supersede or modify in any way
funding and respective obligations of CITY and AUTHORITY set forth in the
Memorandum of Understanding No. 16-1001476 between CITY and AUTHORITY
entered into in May 2016.
6. This AGREEMENT is not intended to amend, supersede or modify in any way
funding and respective obligations of CITY and AUTHORITY set forth in the
Cooperative Agreement No. 16-1001477 between CITY and AUTHORITY.
7. This AGREEMENT shall not be effective until Cooperative Agreement No. 16-
1001477 has been duly authorized and executed, this AGREEMENT has been fully
executed by Parties, the CITY and AECOM have amended the terms of the
SERVICES AGREEMENT through December 31, 2016, and SANBAG has been
issued an Authorization to Proceed (E-76) for the Federal Highway Bridge Program
(HBP) funding used to fund the SERVICES AGREEMENT.
-----------------SIGNATURES ON THE FOLLOWING PAGE---------------------------------
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2016-110
EXHIBIT"A"
SIGNATURE PAGE TO
ASSIGNMENT AND ASSUMPTION AGREEMENT NO. 16-1001511
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SAN BERNARDINO
AND
AECOM TECHNICAL SERVICES,INC.
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
By: By:
Ryan McEachron Mark Scott
President, Board of Directors City Manager
Date: Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By: B
Eileen Monaghan Teichert
General Counsel
By:
Jeffery Hill
Procurement Manager
AGREED:
AECOM
By:
Name:
Title:
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2016-110
EXHIBIT"A"
EXHIBIT A
AGREEMENT FOR SERVICES FOR THE DESIGN OF THE MT. VERNON
OVERHEAD REPLACEMENT PROJECT, BRIDGE NO. 54C-0066, CIP PROJECT NO.
SS04-012 AND FEDERAL AID PROJECT NO. BRLS-5033 (042)
BETWEEN CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES,
INC.
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2016-110
EXHIBIT"A"
ASSIGNMENT AND ASSUMPTION AGREEMENT
CONTRACT NO. 16-1001511
BY AND BETWEEN
THE SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SAN BERNARDINO
AND
AECOM TECHNICAL SERVICES, INC.
MOUNT VERNON AVE.VIADUCT OVER BSNF RAILWAY INTERMODAL YARD
This Assignment and Assumption Agreement Contract No. 16-1001511 (AGREEMENT)
is by and between the San Bernardino County Transportation Authority (hereinafter
called AUTHORITY), the City of San Bernardino (hereinafter called CITY), and
AECOM Technical Services, Inc. (AECOM). AUTHORITY, CITY and AECOM are
each a Party, and collectively Parties to this AGREEMENT.
RECITALS:
A. CITY and AECOM have entered into an Agreement for Services (SERVICES
AGREEMENT) for the Design of the Mt. Vernon Avenue Overhead Replacement
Project (PROJECT), Bridge No. 54C-0066, CIP Project No. SSO4-012 and Federal
Aid Project No. BRLS-5033 (042), effective as of May 6, 2013 (CITY Ref No. 2013-
81);
B. CITY and AUTHORITY are entering into a Cooperative Agreement (C161001477)
under which AUTHORITY will provide PROJECT management for the
environmental, design and right of way phases for this PROJECT and will execute a
contract amendment to extend SERVICES AGREEMENT term through December
31, 2016, prior to this AGREEMENT being executed;
C. In order to receive full benefit of the Services already performed by AECOM, and to
have AECOM continue performing Services under the SERVICES AGREEMENT, it
is the intent of the Parties that CITY assign and AUTHORITY assume CITY's rights,
duties and liabilities in connection with the SERVICES AGREEMENT, and that
AECOM consent to the assignment and assumption of the SERVICES
AGREEMENT, all in accordance with this AGREEMENT.
NOW THEREFORE, THE PARTIES HEREBY AGREE:
1. CITY hereby assigns to AUTHORITY and AUTHORITY hereby assumes all of the
CITY's rights, duties and liabilities in connection with the services to be performed
under the AGREEMENT that are necessary to complete the PROJECT.
1
2016-110
EXHIBIT"A"
2. The SERVICES AGREEMENT is attached to this AGREEMENT as Exhibit A and is
incorporated herein by this reference.
3. The CITY is responsible for the execution, liabilities, payments and funding for all
Services performed prior to and including the execution date of this AGREEMENT.
4. The Recitals set forth above in this AGREEMENT are incorporated into and made a
part of this AGREEMENT.
5. This AGREEMENT is not intended to amend, supersede or modify in any way
funding and respective obligations of CITY and AUTHORITY set forth in the
Memorandum of Understanding No. 16-1001476 between CITY and AUTHORITY
entered into in May 2016.
6. This AGREEMENT is not intended to amend, supersede or modify in any way
funding and respective obligations of CITY and AUTHORITY set forth in the
Cooperative Agreement No. 16-1001477 between CITY and AUTHORITY.
7. This AGREEMENT shall not be effective until Cooperative Agreement No. 16-
1001477 has been duly authorized and executed, this AGREEMENT has been fully
executed by Parties, the CITY and AECOM have amended the terms of the
SERVICES AGREEMENT through December 31, 2016, and SANBAG has been
issued an Authorization to Proceed (E-76) for the Federal Highway Bridge Program
(HBP) funding used to fund the SERVICES AGREEMENT.
-----------------SIGNATURES ON THE FOLLOWING PAGE---------------------------------
2
2016-110
EXHIBIT "A"
SIGNATURE PAGE TO
ASSIGNMENT AND ASSUMPTION AGREEMENT NO. 16-1001511
BETWEEN
SAN BERNARDINO COUNTY TRANSPORTATION AUTHORITY
AND
THE CITY OF SAN BERNARDINO
AND
AECOM TECHNICAL SERVICES,INC.
SAN BERNARDINO COUNTY CITY OF SAN BERNARDINO
TRANSPORTATION AUTHORITY
By: By.
Robert A. Loving y Mark Scott
Preside�it, Board'of Directors City Manager
Date: -7,6, Date:
APPROVED AS TO FORM: APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
By: B ✓la ( c �
Ei een Monaghan Teichert
General Counsel
By:
Jeffer Tment 1
Proc Manager
AGREED:
AECOM
By: /Ulul-4 4�40v
Name: MATT UL-UkhYA
Title: vjCj5 f��E`J1rDCJuT"
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2016-110
EXHIBIT"A"
EXHIBIT A
AGREEMENT FOR SERVICES FOR THE DESIGN OF THE MT. VERNON
OVERHEAD REPLACEMENT PROJECT,BRIDGE NO. 54C-0066, CIP PROJECT NO.
SS04-012 AND FEDERAL AID PROJECT NO. BRLS-5033 (042)
BETWEEN CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES,
INC.
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