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RESOLUTION (ID # 4438) DOC ID: 4438 A
CITY OF SAN BERNARDINO — REQUEST FOR COUNCIL ACTION
Agreement/Contract Amendment
From: Chris Alanis M/CC Meeting Date: 06/20/2016
Prepared by: Michael Grubbs, (909) 384-
5140
Dept: Public Works Ward(s): 1,3,6
Subject:
Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing
the Execution of Amendment No. 4 to Agreement with AECOM Technical Services, Inc.
to Provide Civil Engineering Design Services and Project Management Services for
State Street from 16Th Street to Foothill Boulevard — Extend and Construct 4 Lanes of
Roadway (1.5 Miles) to Connect State Street to Rancho Avenue (SSO4-09). (#4438)
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:
07/21/08 Adopted Resolution No. 2008-281 approving Agreement with LAN
Engineering Corporation for civil engineering design services and project
management services for State Street from 16th Street to Foothill Boulevard -
extend and construct 4 lanes of roadway (1.5 miles) to connect State Street to
Rancho Avenue (SSO4-09).
08/03/09 Adopted Resolution No. 2009-278 approving Amendment No. 1 to Agreement
with LAN Engineering Corporation for civil engineering design services and
project management services for State Street from 16th Street to Foothill
Boulevard - extend and construct 4 lanes of roadway (1.5 miles) to connect
State Street to Rancho Avenue (SSO4-09).
07/18/11 Adopted Resolution No. 2011-227 approving Amendment No. 2 to Agreement
with AECOM Technical Services (formerly LAN Engineering Corporation) for
civil engineering design services and project management services for State
Street from 16th Street to Foothill Boulevard - extend and construct 4 lanes of
roadway (1.5 miles) to connect State Street to Rancho Avenue (SSO4-09).
08/19/13 Adopted Resolution No. 2013-248 approving Amendment No. 3 to Agreement
with AECOM Technical Services (formerly LAN Engineering Corporation) for
civil engineering design services and project management services for State
Street from 16th Street to Foothill Boulevard - extend and construct 4 lanes of
roadway (1.5 miles) to connect State Street to Rancho Avenue (SSO4-09)
Background:
On July 21, 2008, the City entered into a contract in the amount of $827,385 with LAN
Updated: 6/13/2016 by Georgeann "Gigi" Hanna A Packet Pg.378
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Engineering (currently AECOM Technical Services) to provide detailed engineering
work to support Lilburn, who was the environmental consultant at the time. Lilburn was
subsequently replaced by ICF/Jones & Stokes under subcontract with LAN Engineering.
At the time, the scope of services for the contract with LAN Engineering consisted of
project management, records and utility research, alignment study and survey,
topographic mapping, bridge structure review, geotechnical investigation, hydrology and
hydraulic report, traffic report review, preliminary engineering design and right-of-way
needs identification.
Three Amendments have been executed since the original Agreement was approved
due to changed conditions and adjustments to the scope of work. Amendment No. 3
changed AECOM's Scope of Services to include only environmental clearance through
Caltrans. The contract amount was adjusted to $913,668.56. This change was
necessary due to lack of funding and uncertainty as to when the project can be
constructed. Design, Right-of-way acquisition, construction management and the
construction contract will be accomplished by one or more separate contracts.
Progress on the Project has been slowed significantly due to a requirement by the U. S.
Fish and Wildlife Service (USFWS) for a trapping study to determine if the San
Bernardino Kangaroo Rat (SBKR) is present in the critical habitat area. Generally, the
critical habitat area involved is located north of Foothill Boulevard and east of Lytle
Creek. USFWS requires that the City prove that the SBKR is not present by performing
a trapping study or the USFWS will assume the SBKR are present and mitigation will be
required. Due to the high cost of mitigation (in excess of$250,000/acre), it makes sense
to trap the critical habitat areas in an attempt to reduce the areas requiring mitigation to
a minimum.
Current Status
Trapping was planned for October 2015, but efforts have been stalled due to cold
nighttime temperatures. A window of five consecutive nights with temperature above 50
degrees must be forecast by the National Weather Service (NWS) before trapping can
proceed. Therefore, it is unlikely that trapping can be scheduled before June 2016.
The expiration date of AECOM's Contract is June 30, 2016. Due to the delay in
completing the trapping, the services of AECOM will be needed until November 30,
2018. The following is the estimated schedule for completion of AECOM's Contract:
Environmental Document from Caltrans Nov 2018
Complete Plans Specifications and Estimate (PS&E) May 2019
Approval of California Environmental Act (CEQA) May 2019
Obtain Regulatory Permits Aug 2019
Due to high mitigation and construction costs, the Project has been broken down into 4
Phases (see attached location map and phasing diagram). It is anticipated that,
following right-of-way acquisition, construction of Phase 1 or 2, subject to funding, can
1 begin in July 2020 and be completed by February 2021. Phases 3 and 4 are more
costly and the right-of-way acquisition and construction schedule will depend on
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availability of funding.
City Attorney Review:
Supporting Documents:
RESO Amend 4 to Agreement with AECOM for State Street Extension (DOC)
agrmt 4438 (PDF)
Attach A-1 - State Street Extension Completion Schedule (DOCX)
State Street Extension Location Map & Phasing Diagram (PDF)
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1 RESOLUTION NO. E
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2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY a
OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. w
3 4 TO AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. TO PROVIDE L
CIVIL ENGINEERING DESIGN SERVICES AND PROJECT MANAGEMENT o
4 SERVICES FOR STATE STREET FROM 16TH STREET TO FOOTHILL
5 BOULEVARD—EXTEND AND CONSTRUCT 4 LANES OF ROADWAY (1.5 MILES) o
TO CONNECT STATE STREET TO RANCHO AVENUE (SSO4-09). Q
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE °
7 CITY OF SAN BERNARDINO AS FOLLOWS:
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8 SECTION 1. The City Manager is hereby authorized and directed to execute
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10 Amendment No. 4 to Agreement with AECOM Technical Services, Inc. to provide Civil
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11 Engineering Design Services and Project Management. Services for State Street from 161h cn
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12 Street to Foothill Boulevard — Extend and Construct 4 Lanes of Roadway (1.5 miles) to
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Connect State Street to Rancho Avenue (SSO4-09), a copy of which is attached as Exhibit"A"
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14 and incorporated herein. w
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SECTION 2. This Amendment shall not take effect until it is fully signed and N
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17 executed by the parties, and no party shall be obligated hereunder until the time of such full rn
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18 execution. No oral contracts, amendments, modifications or waivers are intended or 2
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19 authorized and shall not be implied from any act or course of conduct of any party. a
20 SECTION 3. The authorization to execute this Agreement is rescinded if the parties 3
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to the Agreement fail to execute it and return the fully executed Agreement to the Office of d
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the City Clerk within sixty(60) days of the passage of this Resolution. Q
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1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY c
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2 OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF AMENDMENT NO. E
4 TO AGREEMENT WITH AECOM TECHNICAL SERVICES, INC. TO PROVIDE
3 CIVIL ENGINEERING DESIGN SERVICES AND PROJECT MANAGEMENT
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SERVICES FOR STATE STREET FROM 16TH STREET TO FOOTHILL o
4 BOULEVARD—EXTEND AND CONSTRUCT 4 LANES OF ROADWAY (1.5 MILES)
5 TO CONNECT STATE STREET TO RANCHO AVENUE (SSO4-09). 0
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6 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and
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7 Common Council of the City of San Bernardino at a meeting
8 thereof,held on the day of , 2016,by the following vote,to wit: w
9 Council Members: AYES NAYS ABSTAIN ABSENT a
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10 MARQUEZ 2
11 BARRIOS 00
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12 VALDIVIA `
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13 SHORETT
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15 NICKEL
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16 RICHARD n
17 MULVIHILL
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Georgeann Hanna, City Clerk
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21 The foregoing Resolution is hereby approved this day of 12016.
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■ R. Carey Davis, Mayor
24 City of San Bernardino
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25 Approved as to form: 0
26 Gary D. Saenz, City Attorney W
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By.
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AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND
AECOM TECHNICAL SERVICES FOR
STATE STREET EXTENSION PROJECT
This Amendment Number Four (the "Fourth Amendment") is entered into this _ day of
20_, BY AND BETWEEN:
the City of San Bernardino, a Charter City organized under the laws of the State of
California, with an address of 300 N. "D" Street, San Bernardino, California (the
"CITY");
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AECOM Technical Services, formerly LAN Engineering, (the "CONSULTANT")
(individually CITY or CONSULTANT may be referred to as a "PARTY" and o
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collectively CITY and CONSULTANT may be referred to as the"PARTIES"). g
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WITNESSETH : a
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WHEREAS, on July 21, 2008 the Mayor and Common Council adopted Resolution No. 2008-
281 approving an Agreement ("Agreement") with Consultant for civil engineering design
services and project management services for State Street from 16th Street to Foothill Boulevard w
—extend and construct 4 lanes of roadway (1.5 miles)to connect State Street to Rancho Avenue
(SSO4-09) hereinafter referred to as "Project"; and co
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WHEREAS, on August 3, 2009 the Mayor and Common Council adopted Resolution No. 2009-
278 approving Amendment No. 1 ("First Amendment") to Agreement with Consultant for civil co
engineering design services and project management services for State Street from 16th Street to
Foothill Boulevard— extend and construct 4 lanes of roadway (1.5 miles) to connect State Street
to Rancho Avenue (SSO4-09); and co
WHEREAS, on July 18, 2011 the Mayor and Common Council adopted Resolution No. 2011- E
227 approving Amendment No. 2 ("Second Amendment") to Agreement with Consultant for
civil engineering design services and project management services for State Street from 16th
Street to Foothill Boulevard — extend and construct 4 lanes of roadway (1.5 miles) to connect E
State Street to Rancho Avenue (SSO4-09); and
WHEREAS, on August 19, 2013, the Mayor and Common Council adopted Resolution No. Q
2013-248 approving Amendment No. 3 ("Third Amendment")to Agreement with Consultant for
civil engineering design services and project management services for State Street from 16th
Street to Foothill Boulevard - extend and construct 4 lanes of roadway (1.5 miles) to connect
State Street to Rancho Avenue (SSO4-09); and
CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES
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WHEREAS, based on the original scope of services as amended, the expiration date of the
Agreement was established June 30, 2016; and
WHEREAS, due to unexpected delays, the services of this Consultant will be needed for
approximately twenty-nine (29)additional months.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions
contained herein,the PARTIES hereby agree as follows:
1. Section 4.1 "Term"of the Agreement is hereby amended to read as follows:
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"4.1. Term. This Agreement shall commence on the Effective Date and continue to
November 30, 2018, unless terminated sooner as provided herein. All work shall be E
completed within the timeframe and in accordance with the revised schedule, attached as q
Exhibit"A-1"and incorporated herein by this reference as though set forth in full."
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2. All other terms and conditions of said Agreement shall remain unchanged and in full 0
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force and effect.
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CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES
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AMENDMENT NO. 4 TO AGREEMENT BETWEEN THE
CITY OF SAN BERNARDINO AND
AECOM TECHNICAL SERVICES FOR
STATE STREET EXTENSION PROJECT
IN WITNESS THEREOF, the parties hereto have executed this Agreement on the day
and date set forth below.
Dated: , 2016 AECOM Technical Services
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Dated ,2016 CITY OF SAN BERNARDINO o
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By:
Mark Scott, City Manager X
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APPROVED AS TO FORM:
Gary D. Saenz, City Attorney
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CONSULTANT SERVICES AGREEMENT BETWEEN
THE CITY OF SAN BERNARDINO AND AECOM TECHNICAL SERVICES
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ATTACHMENT"A"
CITY OF SAN BERNARDINO
DEPARTMENT OF PUBLIC WORKS
STATE STREET EXTENSION FROM FOOTHILL BOULEVARD TO 16TH STREET
PROJECT COMPLETION SCHEDULE
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Activity Duration Date of Submittal Estimated
to Caltrans for Date of a
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Final Approval Approval
SBKR Survey 3 wks 06/17/16 06/17/16 Q
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Noise Study 22 wks 08/05/16 01/19/17 i
NES 16 wks 08/05/16 12/08/16 0
Jurisdictional Delineation 14 wks 07/29/16 11/04/16 V
Biological Assessment 36 wks 08/31/16 05/12/17 0
Community Impact Assessment 14 wks 07/29/16 11/04/16 w
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4(f) 14 wks 08/05/16 11/11/16 0
IS/EA 81 wks 01/20/17 08/25/18
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STATE STREET EXTENSION
Phasing Diagram
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