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Home My WebLink About2016-124 I RESOLUTION NO. 2016-124 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 4 TO AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. TO PROVIDE 4 CIVIL ENGINEERING DESIGN SERVICES AND PROJECT MANAGEMENT SERVICES FOR STATE STREET FROM 16TH STREET TO FOOTHILL 5 BOULEVARD—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 10 Amendment No. 4 to Agreement with AECOM Technical Services, Inc. to provide Civil 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 (SSO4-09), 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 The authorization to execute this Agreement is rescinded if the parties 21 to the Agreement fail to execute it and return the fully executed Agreement to the Office of 22 23 the City Clerk within sixty (60) days of the passage of this Resolution. 24 25 26 27 28 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 4 TO AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. TO PROVIDE CIVIL ENGINEERING DESIGN SERVICES AND PROJECT MANAGEMENT 3 SERVICES FOR STATE STREET FROM 16TH STREET TO FOOTHILL 4 BOULEVARD —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 and 6 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 7 201h day of June, 2016, by the following vote, to wit: 8 Council Members: AYES NAYS ABSTAIN ABSENT 9 MARQUEZ X 10 BARRIOS X 11 12 VALDIVIA X 13 SHORETT X 14 NICKEL X 15 RICHARD X 16 MULVIHILL X 17 18 19 Georg nn Hanna MC, City Clerk 20 'la-Zl 21 The foregoing Resolution is hereby approved this day of June, 2016. 22 ° f 23 R. Carey Dav,s, Mayor 24 City of San ernardino 25 Approved as to form: Gary D. Saenz, City Attorney 26 27 By; 28 2016-124 AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES FOR STATE STREET EXTENSION PROJECT This Amendment Number Four (the "Fourth Amendment") is entered into this 20 th day of .Tune , 2016 BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); AND, AECOM Technical Services, formerly LAN Engineering, (the "CONSULTANT") (individually CITY or CONSULTANT may be referred to as a "PARTY" and collectively CITY and CONSULTANT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, on July 21, 2008 the Mayor and Common Council adopted Resolution No. 2008- 281 approving an Agreement ("Agreement") with Consultant 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 WHEREAS, on August 3, 2009 the Mayor and Common Council adopted Resolution No. 2009- 278 approving Amendment No. 1 ("First Amendment") to Agreement with Consultant 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 WHEREAS, on July 18, 2011 the Mayor and Common Council adopted Resolution No. 2011- 227 approving Amendment No. 2 ("Second Amendment") to Agreement with Consultant 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 WHEREAS, on August 19, 2013, the Mayor and Common Council adopted Resolution No. 2013-248 approving Amendment No. 3 ("Third Amendment") to Agreement with Consultant 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 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES Page 1 of 3 2016-124 WHEREAS, based on the original scope of services as amended, the expiration date of the Agreement was established June 30, 2016; and WHEREAS, due to unexpected delays, the services of this Consultant will be needed for approximately twenty-nine (29) additional months. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. Section 4.1 "Term" of the Agreement is hereby amended to read as follows: "4.1. Term. This Agreement shall commence on the Effective Date and continue to November 30, 2018, unless terminated sooner as provided herein. All work shall be completed within the timeframe and in accordance with the revised schedule, attached as Exhibit"A-1" and incorporated herein by this reference as though set forth in full." 2. All other terms and conditions of said Agreement shall remain unchanged and in full force and effect. [Signature Page Follows] CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES Page 2 of 3 2016-124 AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES FOR STATE STREET EXTENSION PROJECT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: , 2016 AECOM Technical Services By: Its: Dated , 2016 CITY OF SAN BERNARDINO By: Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney r. B : a CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES Page 3 of 3 2016-124 AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES FOR STATE STREET EXTENSION PROJECT This Amendment Number Four (the "Fourth Amendment") is entered into this 20th day of .Tune , 20_1b BY AND BETWEEN: the City of San Bernardino, a Charter City organized under the laws of the State of California, with an address of 300 N. "D" Street, San Bernardino, California (the "CITY"); AND, AECOM Technical Services, formerly LAN Engineering, (the "CONSULTANT") (individually CITY or CONSULTANT may be referred to as a "PARTY" and collectively CITY and CONSULTANT may be referred to as the "PARTIES"). WITNESSETH : WHEREAS, on July 21, 2008 the Mayor and Common Council adopted Resolution No. 2008- 281 approving an Agreement ("Agreement") with Consultant 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 WHEREAS, on August 3, 2009 the Mayor'and Common Council adopted Resolution No. 2009- 278 approving Amendment No. 1 ("First Amendment") to Agreement with Consultant 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 WHEREAS, on July 18, 2011 the Mayor and Common Council adopted Resolution No. 2011- 227 approving Amendment No. 2 ("Second Amendment") to Agreement with Consultant 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 WHEREAS, on August 19, 2013, the Mayor and Common Council adopted Resolution No. 2013-248 approving Amendment No. 3 ("Third Amendment") to Agreement with Consultant 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 CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES Page 1 of 3 2016-124 WHEREAS, based on the original scope of services as amended, the expiration date of the Agreement was established June 30, 2016; and WHEREAS, due to unexpected delays, the services of this Consultant will be needed for approximately twenty-nine (29) additional months. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the PARTIES hereby agree as follows: 1. Section 4.1 "Term" of the Agreement is hereby amended to read as follows: "4.1. Term. This Agreement shall commence on the Effective Date and continue to November 30, 2018, unless terminated sooner as provided herein. All work shall be completed within the timeframe and in accordance with the revised schedule, attached as Exhibit"A-1" and incorporated herein by this reference as though set forth in full." 2. All other terms and conditions of said Agreement shall remain unchanged and in full force and effect. [Signature Page Follows] CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES Page 2 of 3 ' 2016-124 AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES FOR STATE STREET EXTENSION PROJECT IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day and date set forth below. Dated: J't4L.'YZ5, 2016 AECOM Technical Services By: 6 L C6ctl rL Its: V 1 CF PIZ E-YI D ak`T Dated Jay, ZE , 2016 CITY OF SAN BERNARDINO By: Ae� Mark Scott, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney B : a-L.'Cc-� CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES Page 3 of 3 DATE(MM/DD/YYYY) A�Ro® CERTIFICATE OF LIABILITY INSURANCE 03/18/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Marsh Risk&Insurance Services NAME: CA License#0437153 A/C, o xt: C No): 777 South Figueroa Street E-MAIL Los Angeles,CA 90017 ADDRESS: Attn:LosAngeles.CertRequest @Marsh.Com INSURER(S) AFFORDING COVERAGE NAIC# 06510-'ECOM-01-16-17 Ontari Ca Debbie 4/15 INSURER A:Zurich American Insurance Company 16535 INSURED INSURER B:N/A N/A AECOM Technical Services 901 Via Pioemonte,5th Floor INSURER C:Illinois Union Insurance Co 27960 Ontario,CA 91764 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: LOS-001688752-34 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE INSD WVD POLICY NUMBER MM/DDY/YYYY MM LTR /DDIIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY GLO 5965891 08 04/01/2016 04/01/2017 EACH OCCURRENCE $ 1,000,000 rv-7 DAMAGE TO RENTED CLAIMS-MADE OCCUR PREMISES Ea occurrence $ 1,000,000 MED EXP(Any one person) $ 5,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 1,000,000 POLICY 7X PRO- JECT [::] LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY BAP 5965893 08 04/01/2016 04/01/2017 COMBINED SINGLE LIMIT Ea accident $ 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS Per accident UMBRELLA LIAR H OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D? OFFICER/MEMBER EXCLUDE F N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 1$ C ARCHITECTS&ENG. EON G21654693 04/01/2016 04/01/2017 Per Claim/Agg $1,000,000 PROFESSIONAL LIAB. ""CLAIMS MADE"" Defense Included DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Our project number.60179768-State Street Extension THE CITY OF SAN BERNARDINO AND ITS ELECTED AND APPOINTED BOARDS,OFFICERS,AGENTS,AND EMPLOYEES ARE NAMED AS ADDITIONAL INSURED FOR GL&AL COVERAGES,WITH RESPECT TO THIS SUBJECT PROJECT AND CONTRACT WITH CITY. SUCH INSURANCE AFFORDED SHALL BE PRIMARY INSURANCE AND ANY INSURANCE CARRIED BY CERTIFICATE HOLDER&ADDITIONAL INSURED SHALL BE EXCESS AND NOT CONTRIBUTORY INSURANCE FOR GENERAL LIABILITY AND AUTO LIABILITY COVERAGES. CERTIFICATE HOLDER CANCELLATION City of San Bernardino SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 300 N.D Street,3rd Floor THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN San Bernardino,CA 92418 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk&Insurance Services James L.Vogel @ 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD z ir ir pp 0 N ion Q _ Q U! z Q W o z °C d CL z z Lu tu O g F r4 N 0. Z! U z U � Z z z z > tiQNo ■•. v w IL S '1 cv w s < Owc 0 V U u Q u F o UXQc » c:i o z m F Z 4m D 0 z = m 4m � .2 it o 0 tii U 'V� ! � � W R Z � Z Q z Q o G OU <