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RESOLUTION NO. 2018-234
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO CALIFORNIA, APPROVING THE FIFTH AMENDMENT TO THE
AGREEMENT FOR PROFESSIONAL SERVICES WITH AECOM TECHNICAL
SERVICES, INC. FOR THE DESIGN OF THE MT. VERNON AVENUE OVERHEAD
REPLACEMENT PROJECT, BRIDGE NO. 54C-0066 AND AMENDING THE FY
2018/19 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 the Fifth Amendment 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 2018/19 Budget by transferring $50,000 in Regional Circulation Funds (264)
to Account No. 264-160-7121-5504 "Mt. Vernon Avenue — Bridge Replacement" to provide a
total funding amount for FY 2018/19 of $500,099.
SECTION 3. The Purchasing Manager or designee is hereby authorized and directed
to increase the purchase order for said project to AECOM in the amount of $50,000 to provide
a total Agreement amount of $3,206,088.
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.
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SECTION 4. The authorization to execute this Fifth Amendment is rescinded if the
parties to the Agreement fail to execute it within Ninety (90) days of the passage of this
Resolution.
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RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO CALIFORNIA, APPROVING THE FIFTH AMENDMENT TO THE
AGREEMENT FOR PROFESSIONAL SERVICES WITH AECOM TECHNICAL
SERVICES, INC. FOR THE DESIGN OF THE MT. VERNON AVENUE OVERHEAD
REPLACEMENT PROJECT, BRIDGE NO. 54C-0066 AND AMENDING THE FY
2018/19 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
15th day of AAu ist 2018, by the following vote, to wit:
Council Members: AYES
MARQUEZ Ws)
VALDIVIA
y
SHORETT
Y
NICKEL
RICHARD
X
MULVIHILL
y �� 1
NAYS ABSTAIN ABSENT
Georges Hanna, CNk, City Clerk
The foregoing Resolution is hereby approved this 15a' day of August 201
/a� 1
Approved as to form:
Gary D. Saenz, City Attorney
By: 'd a kze"'
R. Carey
City of S
Page 3 of 3
Ms, Mayor
Bernardino
EXHIBIT "A"
FIFTH AMENDMENT
TO AGREEMENT FOR PROFESSIONAL SERVICES
This AMENDMENT is made and entered into this 15'h day of August 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
�lacement Project, Bridge No 54C-0066, CIP Project No. SSO4-012 and Federal Aid
PQ ct 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 February 7, 2018, the Fourth Amendment to the
Agreement for Professional Services was approved by Resolution No. 2018-030 further
extending the expiration date to June 30, 2018 and increasing the FY 16/17 budget
amount; and
H. WHEREAS, on August 23, 2017, the contract with AECOM for the Mt.
Vernon Bridge Replacement Project was officially transferred to SBCTA; and
-1-
Fifth Amendment to an Agreement for Professional Services with AECOM Technical Services.
FIFTH AMENDMENT
TO AGREEMENT FOR PROFESSIONAL SERVICES
NOW THEREFORE, the parties hereto agree as follows:
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
M1
Second Amendment 0.00
Third Amendment
1 11
Fourth Amendment 52,000.00
Fifth Amendment (this proposal) 50.000.00
Revised Not to Exceed Amount 3,206,088.00
t
2. Section 4.1 "Term" of said Agreement for Professional Services is hereby amended to }
extend the term of this Agreement to September 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, 2017-124 and 2018-030 shall
remain unchanged.
///
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Fifth Amendment to an Agreement for Professional Services with AECOM Technical Services.
FIFTH AMENDMENT
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:
An rea M. Miller, City Manager
ATTEST:
A��111 1410A -4 -
Georgeann anna, City CIferk
Approved as to form:
Gary D. Saenz
City Attorney
Page 3 of 3
AECOM TECHNICAL SERVICES,
INC.
By. . q
Signature
M,tff tP14kAY41VKE P9155149EA/7-
Print Name/Title