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HomeMy WebLinkAbout05.J- Public Works 5.J RESOLUTION (ID # 4444) DOC ID: 4444 A CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION Agreement/Contract Amendment From: Chris Alanis M/CC Meeting Date: 06/06/2016 Prepared by: Michael Grubbs, (909) 384- 5140 Dept: Public Works Ward(s): 1,3 Subject: Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No. 1 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). (#4444) Current Business Registration Certificate: Yes Financial Impact: There is no financial impact due to this action. Motion: Adopt the Resolution. Synopsis of Previous Council Action: 05/06/13 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). 05/16/16 Adopted a Resolution approving Memorandum of Understanding No. 16- 1001476 with the San Bernardino Associated Governments (SANBAG) for the Development of the Mount Vernon Avenue Grade Separation over the BNSF Railway Intermodal Yard Project (SSO4-12). Background: On May 6 2013, the City entered into a Agreement for Services in the amount of $3,104,088 with AECOM Technical Services, Inc. to provide Consulting Services for the preparation of Plans, Specifications, and Estimates (PS&E) and Right-of-Way Acquisition for Mount Vernon Avenue Overhead Replacement Project, CIP Project No. SSO4-012, Bridge No. 54C-0066, Federal Aid Project No. BRLS-5033 (042). Work on the Project has progressed and is about 30% completed. On May 16, 2016, the Mayor and Common Council adopted a Resolution approving a Memorandum of Understanding (MOU) No. 16-1001476 with the San Bernardino Associated Governments (SANBAG) for the Development of the Mount Vernon Avenue Grade Separation over the BNSF Railway Intermodal Yard Project (SSO4-12). Updated: 5/31/2016 by Georgeann "Gigi" Hanna A Packet Pg. 221 5.J 4444 An Assignment and Assumption Agreement No. 16-1001511 is in process to complete the turnover of AECOM's contract with the City to SANBAG. The Assignment and Assumption Agreement is scheduled for consideration by the Mayor and Common Council on June 6, 2016; however, if approved, it will not be effective until the following actions are completed: 1. Cooperative Agreement No. 16-1001477 has been duly authorized and executed; and 2. Assignment and Assumption Agreement No. 16-1001511 has been fully executed by Parties; and 3. The City and AECOM have amended the expiration date of the Service Agreement through December 31, 2016; and 4. SANBAG has been issued an Authorization to Proceed (E-76) for the Federal Highway Bridge Program (HBP) funding used to fund the Service Agreement. Cooperative Agreement No. 16-1001477 will be submitted concurrent with Assignment and Assumption Agreement No. 16-1001511 for consideration by the Mayor and Common Council on 6/6/16. The Authorization to Proceed (E-76) is expected to be issued by Caltrans in August or September of 2016. The City's Agreement for Services with AECOM is set to expire on June 30, 2016. Approval of this attached Amendment No. 1 (See Exhibit "A") will extend the expiration date of the Service Agreement with AECOM to December 31, 2016 and satisfy one of the conditions in the Assignment and Assumption Agreement. City Attorney Review: Supporting Documents: RESO Amend 1 to Agreement with AECOM for Mt Vernon Bridge Replacement (DOC) Agrmt 4444 (PDF) 1 i Updated: 5/31/2016 by Georgeann Gigi" Hanna A Packet-Pg.222 5.J.a 1 RESOLUTION NO. E 2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY L OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. o 3 1 TO THE AGREEMENT FOR SERVICES WITH AECOM TECHNICAL U SERVICES, INC. FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD p 4 REPLACEMENT PROJECT, BRIDGE NO 54C-0066, CIP PROJECT NO. SSO4-012 Q 5 AND FEDERAL AID PROJECT NO. BRLS-5033 (042). a� -a 6 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE m CITY OF SAN BERNARDINO AS FOLLOWS: o 7 = d 8 SECTION 1. The City Manager is hereby authorized and directed to execute > 9 Amendment No. 1 to the Agreement for Services with AECOM Technical Services, Inc. for v 10 Design of the Mt. Vernon Avenue Overhead Replacement Project, Bridge No 54C-0066, CIP c 11 Project No. SSO4-012 and Federal Aid Project No. BRLS-5033 (042), a copy of which is a) 12 Q attached as Exhibit"A" and incorporated herein. 13 Q 14 SECTION 2. This Amendment shall not take effect until it is fully signed and :2 15 executed by the parties, and no party shall be obligated hereunder until the time of such full 0 a� 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 Q 19 20 to the Agreement fail to execute it within sixty (60) days of the passage of this Resolution. 21 E 22 0 23 24 25 0 LU 26 27 E 28 1 a Packet Pg. 223 5.J.a d E 1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY 2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. R 1 TO THE AGREEMENT FOR SERVICES WITH AECOM TECHNICAL o 3 SERVICES, INC. FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD U REPLACEMENT PROJECT, BRIDGE NO 54C-0066, CIP PROJECT NO. SSO4-012 0 4 AND FEDERAL AID PROJECT NO. BRLS-5033 (042). Q 5 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and 6 m Common Council of the City of San Bernardino at a meeting o 7 8 thereof,held on the day of ,2016,by the following vote, to wit: > 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 MARQUEZ 11 E BARRIOS 12 a 13 VALDIVIA 14 SHORETT m 15 NICKEL = 16 > RICHARD 17 MULVIHILL 18 W 19 s 20 Georgeann Hanna, City Clerk c 21 E The foregoing Resolution is hereby approved this day of , 2016. 22 a 0 23 24 R. Carey Davis,Mayor 25 City of San Bernardino 0 Cn 26 Approved as to form: Gary D. Saenz, City Attorney w c 27 E 28 s By: .� 2 Q Packet Pg. 224 EXHIBIT"A" AMENDMENT NO. 1 TO AGREEMENT FOR SERVICES BETWEEN AECOM TECHNICAL 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 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, M hereinafter referred to as"Consultant." 0 WITNESSETH: o .N _ A. WHEREAS, on May 6, 2013 the Mayor and Common Council Adopted x Resolution No. 2013-081 approving an Agreement for Services with AECOM Technical W Services, Inc. for Design of the Mt. Vernon Avenue Overhead Replacement Project, E Bridge No 54C-0066, CIP Project No. SSO4-012 and Federal Aid Project No. BRLS- ~ 5033 (042); and 0 B. WHEREAS, based on the original scope of services, the expiration date of the Agreement was established June 30, 2016; and 0 0 U W C. WHEREAS, it is the intent of the City to transfer said Agreement for d Services with AECOM Technical Services, Inc. to the San Bernardino Associated 0' Governments (SANBAG); and m _ D. WHEREAS, SANBAG has requested that the expiration date of said Agreement for Services be extended to December 31,2016. > r 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, 2016,unless terminated sooner as L provided herein. a w _ 2. All other terms and conditions of said Agreement for Services approved by E U Rf Resolution No. 2013-081 shall remain unchanged. Q - 1 - Packet Pg.225 5.J.b AMENDMENT NO. l TO AGREEMENT FOR SERVICES BETWEEN AECOM TECHNICAL SERVICES AND THE CITY OF SAN BERNARDINO FOR DESIGN OF THE MT. VERNON AVENUE OVERHEAD REPLACEMENT PROJECT I IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first shown above. r CITY OF SAN BERNARDINO AECOM TECHNICAL SERVICES Cl? r 0 C By; By; 0 Mark Scott, City Manager Signature x w 0 E Print Name/Title v ATTEST: o 0 2 0 0 W Georgeann Hanna, City Clerk d .c m 0 Approved as to form: Gary D. Saenz, City Attorney > B �r Y E L Q Y E U f6 w Y Q -2- Packet Pg.226