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HomeMy WebLinkAbout2017-1241 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16. 17 18 19 20' 21 22 23 24 25 26 27 28 RESOLUTION NO. 2017-124 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES WITH AECOM TECHNICAL SERVICES, INC. FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT, BRIDGE NO 54C-0066, AND AMENDING THE FY 16/17 ADOPTED BUDGET BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager or his designee is hereby authorized and directed to execute Amendment No. 3 to the 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), a copy of which is attached as Exhibit "A" and incorporated herein. SECTION 2. The Director of Finance or his designee is hereby authorized and directed to amend the FY 16/17 Budget by transferring $120,000 in unallocated Regional Circulation Fee Funds (264) to Account No. 264-160-7121*5504 "Mt. Vernon Avenue — Bridge Replacement" to provide a total funding amount for FY 16/17 of $1,320,000. SECTION 3. This Amendment shall not take effect until it is fully signed and executed by the parties, and no party shall be obligated hereunder until the time of such full execution. No oral contracts, amendments, modifications or waivers are intended or authorized and shall not be implied from any act or course of conduct of any party. SECTION 4. The authorization to execute this Amendment No. 3 is rescinded if the parties to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution. Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 3 TO THE AGREEMENT FOR SERVICES WITH AECOM TECHNICAL SERVICES, INC. FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT, BRIDGE NO 54C-0066, AND AMENDING THE FY 16/17 ADOPTED BUDGET I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 5th day of July 2017, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ X(M) BARRIOS X VALDIVIA X(S) SHORETT X NICKEL X RICHARD X MULVIHILL X ABSTAIN ABSENT Georgea anna, C , City Clerk The foregoing Resolution is hereby approved this 5th day of July 2017. l R. Carey Davis Mayor City of San Bernardino Approved as to form: Gary D. Saenz, City Attorney r By. Page 2 of 2 AMENDMENT NO. 3 TO AGREEMENT FOR SERVICES This AMENDMENT is made and entered into this 5th day of July 2017, 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, the City executed a Cooperative Agreement with the San Bernardino County Transportation Authority (SBCTA formerly SANBAG) transferring the Agreement for Services with AECOM Technical Services, Inc. to SBCTA subject to the condition that the federal funding be first transferred to SBCTA; and F. WHEREAS, on December 5, 2016, due to delays in transferring the federal funding for the Project, Amendment No. 2 was approved by Resolution 2016-219 extending the expiration date of said Agreement for Services to June 30, 2017. G. WHEREAS, additional delays have occurred in transferring the federal funding for the Project and SBCTA has requested that the expiration date of said Agreement for Services be further extended to December 31, 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 December 31, 2017, unless terminated sooner as provided herein. -1- AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES 2. All other terms and conditions of said Agreement for Services approved by Resolution Nos. 2013-081, 2016-108 and 2016-249 shall remain unchanged. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first shown above. CITY OF SAN BERNARDINO By: Mark Scott, City Manager ATTEST: JJ l Georgeai " Hanna, CM , City Clerk APPROVED AS TO FORM: Gary D. Saenz City Attorney AECOM TECHNICAL SERVICES, INC. B : A"= 0, Signature MA 7- u L.uKA4y,4 X/105 PRCs1VE&'�F Print Name/Title By: Y ' -2-