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HomeMy WebLinkAbout2018-0301 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. 2018-30 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, APPROVING AMENDMENT NO. 4 TO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH AECOM TECHNICAL SERVICES, INC. FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT, BRIDGE NO 54C-0066 AND AMENDING THE FY 17/18 BUDGET BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager or her designee is hereby authorized and directed to execute Amendment No. 4 to an Agreement for Professional 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 designee is hereby authorized and directed to amend the FY 17/18 Budget by transferring $250,100 in Measure I Funds (129) to Account No. 129-160-7121-5504 "Mt. Vernon Avenue — Bridge Replacement" to provide a total funding amount for FY 17/18 of $450,099. SECTION 3. The Purchasing Manager or her designee is hereby authorized and directed to increase the purchase order for said project to AECOM in the amount of $52,000 to provide a total Agreement amount of $3,156,088. 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. 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 SECTION 4. The authorization to execute this Fourth Amendment is rescinded if the parties to the Agreement fail to execute it within Ninety (90) days of the passage of this Resolution. 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, APPROVING AMENDMENT NO. 4 TO AN AGREEMENT FOR PROFESSIONAL SERVICES WITH AECOM TECHNICAL SERVICES, INC. FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT, BRIDGE NO 54C-0066 AND AMENDING THE FY 17/18 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 7th day of February 2018, by the following vote, to wit: Council Members: MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL AYES NAYS x X(m) ABSTAIN ABSENT Georgeann Hinna, CMC, hity- Clerk The foregoing Resolution is hereby approved this 7th day of February 2018. 2 - aa'4 Loe R. Carey Davis ayor City of San B iardino Approved as to form: Gary D. Saenz, City Attorney By: EXHIBIT "A" AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES This AMENDMENT is made and entered into this 7"' day of February 2018, 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 Professional 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, the original Agreement for Professional Services established the expiration as June 30, 2016 ; and C. WHEREAS, on June 16, 2016, the First Amendment to the Agreement for Professional Services was approved by Resolution No. 2016-108 extending the expiration date to December 31, 2016; and D. WHEREAS, the City executed a Cooperative Agreement with the San Bernardino County Transportation Authority (SBCTA formerly SANBAG) transferring the Agreement for Professional Services with AECOM Technical Services, Inc. to SBCTA subject to the condition that the federal funding be first transferred to SBCTA; and E. WHEREAS, on December 5, 2016, due to delays in transferring the federal funding for the Project to SBCTA, the Second Amendment to the Agreement for Professional Services was approved by Resolution 2016-219 extending the expiration date of said Agreement for Professional Services to June 30, 2017. F. WHEREAS, on July 5, 2017, the Third Amendment to the Agreement for Professional Services was approved by Resolution No. 2017-124 further extending the expiration date to December 31, 2017 and increasing the FY 16/17 budget amount; and G. WHEREAS, on August 23, 2017, the contract with AECOM for the Mt. Vernon Bridge Replacement Project was officially transferred to SBCTA. NOW THEREFORE, the parties hereto agree as follows: -1- Third Amendment to an Agreement for Professional Services with AECOM Technical Services. AMENDMENT NO. 4 TO AGREEMENT FOR PROFESSIONAL SERVICES 1. Section 2.6 "Compensation" of Agreement for Professional Services is hereby amended as follows: Original Not to Exceed Amount 3,104,088.00 First Amendment [mff Second Amendment 0.00 Third Amendment 1M Fourth Amendment (this proposal) 52,000.00 Revised Not to Exceed Amount 3,156,088.00 2. Section 4.1 "Term" of said Agreement for Professional Services is hereby amended to extend the term of this Agreement to June 30, 2018, unless terminated sooner as provided herein. 3. All other terms and conditions of said Agreement for Professional Services approved by Resolution Nos. 2013-081, 2016-108, 2016-249 and 2017-124 shall remain unchanged. Page 2 of 3 Third Amendment to an Agreement for Professional Services with AECOM Technical Services. AMENDMENT NO. 4 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 By: _ �, L&I , W d' /1' Andrea M. Miller, City Manager Approved as to form: Gary D. Saenz City Attorney AECOM TECHNICAL SERVICES, INC. By: 4414� Signature MATr U L-yKAYA V ICE PICS/ DENT Print Name/Title B c� zn A Georgeann anna, City Cl Page 3 of 3