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RESOLUTION NO. 2018-249
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN
BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE CONSUTANT
SERVICE AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA, INC. TO PROVIDE ENVIRONMENTAL AND CIVIL
ENGINEERING DESIGN SERVICES FOR THE WIDENING OF 40TH STREET
FROM JOHNSON STREET TO ELECTRIC AVENUE (SSO4-014)
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The City Manager or designee is hereby authorized and directed to
execute the Third Amendment to the Consultant Service Agreement with Engineering
Resources of Southern California, Inc., a copy of which is attached hereto as Exhibit "A" and
incorporated herein by reference.
SECTION 2. The Director of Finance or designee is hereby authorized and directed to
amend the FY 18/19 Budget by transferring $25,000 from unallocated Fund 264 monies to
Account No. 264-160-7160-5504 "40th Street Widening from Johnson Street to Electric
Avenue" and to increase the Purchase Order to Engineering Resources of Southern California.
Inc. in the amount of $25,000.
SECTION 3. The authorization to execute the above -referenced Amendment is
rescinded, if it is not executed and returned to the Office of the City Clerk within ninety (90)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, AUTHORIZING AND DIRECTING THE CITY
MANAGER TO EXECUTE THE THIRD AMENDMENT TO THE CONSUTANT
SERVICE AGREEMENT WITH ENGINEERING RESOURCES OF SOUTHERN
CALIFORNIA, INC. TO PROVIDE ENVIRONMENTAL AND CIVIL
ENGINEERING DESIGN SERVICES FOR THE WIDENING OF 40TH STREET
FROM JOHNSON STREET TO ELECTRIC AVENUE (SSO4-014)
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
5`h day of September 2018, by the following vote, to wit:
Council Members:
AYES
MARQUEZ
X
BARRIOS
x
VALDIVIA
_
SHORETT
_
NICKEL
RICHARD
MULVIHILL
NAYS ABSTAIN ABSENT
Georgea anna, CMd, City Clerk
The foregoing Resolution is hereby approved this 5th day of September 2018.
L;'(1e
R. Carey DavX , Mayor
City of San Bernardino
Approved as to form:
Gary D. Saenz, City Attorney
By:
2
Exhibit "A"
THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL
SERVICES between Engineering Resources of Southern California, Inc. ("Consultant") and the
City of San Bernardino ("City) is entered into this 5'*, day of Se ,nor , 2018.
WITNESSETH:
A. WHEREAS, on January 6, 2017, Resolution 2017-005 was adopted approving an
Agreement with Consultant to provide environmental and civil engineering design
services for the widening of 40th Street from Johnson Street to Electric Avenue (SSO4-
014), hereinafter referred to as "Project";
B. WHEREAS, on July 19, 2017, Resolution 2017-131 was adopted approving amendment
No. 1 to the Agreement with Consultant to provide environmental and civil engineering
design services for the Project;
C. WHEREAS, on October 18, 2017, Resolution No. 2017-202 was adopted approving the
Second Amendment to the Agreement with Consultant to provide environmental and
civil engineering design services for the Project;
D. WHEREAS, on March 21, 2018, Resolution No. 2018-75 approved adopting a Mitigated
Negative Declaration (MND), adopting a Mitigation Monitoring and Reporting Program
(MMRP), and authorizing the Director of Community Development or designee to file a
Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San
Bernardino County for the Project;
E. WHEREAS, said Agreement for Professional Services with Consultant expired on June
30,2018;
F. WHEREAS, the services of the Consultant continue to be needed to support the
underground and right-of-way acquisition phases of the project;
G. WHEREAS, the Consultant concurs with a time extension to December 31, 2019.
Exhibit "A"
Third Amendment to Agreement for Professional Services — Engineering Resources of Southern California, Inc..
Page 2 of 3
NOW THEREFORE, the parties hereto agree as follows:
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3.
Section 2.1 "Compensation" of The Professional Services Agreement is amended as
follows:
Original Contract Amount $173,805.00
Potholing (5 potholes at $950.00 each) $4,750.00
First Amendment $8,350.00
Second Amendment $33,370.00
Third Amendment (This Request) $25,000.00
Revised Contract Amount $245,275.00
Section 4.1 "Term" of said Agreement for Professional Services is hereby amended to
extend the term of this Agreement to December 31, 2019, unless terminated sooner as
provided herein.
All other terms and conditions of said Agreement for Professional Services as approved
by Resolution No. 2017-005, Resolution No. 2017-131, Resolution No. 2017-202 and
Resolution No. 2018-075 shall remain unchanged.
Exhibit "A"
Third Amendment to Agreement for Professional Services — Engineering Resources of Southern California, Inc..
Page 3 of 3
THIRD AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date
shown below.
Date: September 14, 2018
Date:(
Approved as to form:
Gary D. Saenz
City Attorney
By: At�v t.
aL�.
by:
Engineering �esourkes of Southern California, Inc.
Signature
John M. Brudin, President
Print Name/Title
CITY OF SAN BERNARDINO
by: r
An rea M. Miller '
City Manager
ATTEST:
L-P�'
George arena, City Cl k