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HomeMy WebLinkAbout2016-249 1 RESOLUTION NO. 2016-249 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 3 TO THE AGREEMENT FOR SERVICES WITH AECOM TECHNICAL SERVICES, 4 INC. FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT, BRIDGE NO. 54C-0066, CIP PROJECT NO. SSO4-012 AND FEDERAL 5 AID PROJECT NO. BRLS-5033 (042). 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. 2 to the Agreement for Services with AECOM Technical Services, Inc. for 10 Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No. 54C-0066, CIP 11 Project No. SSO4-012 and Federal Aid Project No. BRLS-5033 (042), a copy of which is 12 13 attached as Exhibit "A" and incorporated herein. 14 SECTION 2. This Amendment shall not take effect until it is fully signed and 15 executed by the parties, and no party shall be obligated hereunder until the time of such full 16 execution. No oral contracts, amendments, modifications or waivers are intended or 17 authorized and shall not be implied from any act or course of conduct of any party. 18 SECTION 3. The authorization to execute this Agreement is rescinded if the parties 19 20 to the Agreement fail to execute and return the Agreement to the Office of the City Clerk 21 within sixty (60) days of the passage of this Resolution. 22 23 24 25 26 27 28 1 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. 2 2 TO THE AGREEMENT FOR SERVICES WITH AECOM TECHNICAL SERVICES, INC. FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT 3 PROJECT, BRIDGE NO. 54C-0066, CIP PROJECT NO. SSO4-012 AND FEDERAL 4 AID PROJECT NO. BRLS-5033 (042). 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 7 Common Council of the City of San Bernardino at a joint regular meeting thereof, held on the 8 Stn day of December, 2016, by the following vote, to wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ X 11 12 BARRIOS X 13 VALDIVIA -x- 14 SHORETT X 15 NICKEL X 16 RICHARD X 17 18 MULVIHILL X 19 20 Georgeann arena, C&-, City Clerk 21 22 The foregoing Resolution is hereby approved this day of December, 2016. 23 24 R. Carey Dav' , Mayor 25 City of San Bernardino 26 Approved as to form: GaIDD. enz, City Attorney 27 28 By 2 2016-249 EXHIBIT "A" AMENDMENT NO. 2 TO AGREEMENT FOR SERVICES BETWEEN AECOM TECHINCAL SERVICES AND THE CITY OF SAN BERNARDINO FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT This AMENDMENT is made and entered into this 5t1 day of 2016, 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 May 6, 2013 the Mayor and Common Council Adopted Resolution No. 2013-081 approving an Agreement for Services with AECOM Technical Services, Inc. for Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No. 54C-0066, CIP Project No. SSO4-012 and Federal Aid Project No. BRLS- 5033 (042) (Project); and B. WHEREAS, on June 6, 2016 the Mayor and Common Council Adopted Resolution No. 2016-108 approving Amendment No. 1 to Agreement for Services with AECOM Technical Services, Inc. for Design of the Project; and C. WHEREAS, based on the original scope of services, the expiration date of the Agreement for Services was established as June 30, 2016; and D. WHEREAS, Amendment No. 1 to the Agreement for Services extended the expiration date to December 31, 2016; and E. WHEREAS, it is the intent of the City to transfer said Agreement for Services with AECOM Technical Services, Inc. to the San Bernardino Associated Governments (SANBAG); and F. WHEREAS, due to delays in transferring the federal funding for the Project, SANBAG has requested that the expiration date of said Agreement for Services be further extended to June 30, 2017. NOW THEREFORE, the parties hereto agree as follows: 1. Section 4.1 "Term" of said Agreement for Professional Services is hereby amended to extend the term of this Agreement to June 30, 2017, unless terminated sooner as provided herein. 2. All other terms and conditions of said Agreement for Services approved by Resolution Nos. 2013-081 and 2016-108 shall remain unchanged. - 1 - 2016-249 AMENDMENT NO. 2 TO AGREEMENT FOR SERVICES BETWEEN AECOM TECHINCAL SERVICES AND THE CITY OF SAN BERNARDINO FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first shown above. CITY OF SAN BERNARDINO AECOM TECHNICAL SERVICES, INC. By: By: Mark Scott, City Manager Signature Print Name/Title ATTEST: Georgeann Hanna, City Clerk Approved as to form: Gary D. Saenz, City Attorney By: -2- F 2016-249 EXHIBIT "A" AMENDMENT NO. 2 TO AGREEMENT FOR SERVICES BETWEEN AECOM TECHINCAL SERVICES AND THE CITY OF SAN BERNARDINO FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT This AMENDMENT is made and entered into this 5th day of Tlnr om}+cr 2016, 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 May 6, 2013 the Mayor and Common Council Adopted Resolution No. 2013-081 approving an Agreement for Services with AECOM Technical Services, Inc. for Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No. 54C-0066, CIP Project No. SSO4-012 and Federal Aid Project No. BRLS- 5033 (042) (Project); and B. WHEREAS, on June 6, 2016 the Mayor and Common Council Adopted Resolution No. 2016-108 approving Amendment No. 1 to Agreement for Services with AECOM Technical Services, Inc. for Design of the Project; and C. WHEREAS, based on the original scope of services, the expiration date of the Agreement for Services was established as June 30, 2016; and D. WHEREAS, Amendment No. 1 to the Agreement for Services extended the expiration date to December 31, 2016; and E. WHEREAS, it is the intent of the City to transfer said Agreement for Services with AECOM Technical Services, Inc. to the San Bernardino Associated Governments (SANBAG); and F. WHEREAS, due to delays in transferring the federal funding for the Project, SANBAG has requested that the expiration date of said Agreement for Services be further extended to June 30, 2017. NOW THEREFORE,the parties hereto agree as follows: 1. Section 4.1 "Term" of said Agreement for Professional Services is hereby amended to extend the term of this Agreement to June 30, 2017, unless terminated sooner as provided herein. 2. All other terms and conditions of said Agreement for Services approved by Resolution Nos. 2013-081 and 2016-108 shall remain unchanged. - 1 - 2016-249 AMENDMENT NO. 2 TO AGREEMENT FOR SERVICES BETWEEN AECOM TECHINCAL SERVICES AND THE CITY OF SAN BERNARDINO FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first shown above. CITY OF SAN BERNARDINO AECOM TECHNICAL SERVICES, INC. By: A4�� By: /AAal ' �A-�4k- Mark Scott, City Manager Signature Print Name/Title ATTEST: Georgeann Ha a, City Cler Approved as to form: Gary D. Saenz, City Attorney By: 1N -2-