HomeMy WebLinkAbout2003-019
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RESOLUTION NO.
2003-19
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING
3 AMENDMENT NO. 2 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH
4 DAVID EVANS AND ASSOCIATES, INC. FOR ADDITIONAL DESIGN SERVICES
ASSOCIATED WITH THE DESIGN OF THE WIDENING OF DEL ROSA DRIVE AND
5 THIRD STREET AT THE SAN BERNARDINO INTERNATIONAL AIRPORT.
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BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE
CITY OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The attached Proposal dated December 30, 2002, and marked
9 Exhibit "B", submitted by DAVID EVANS & ASSOCIATES, INC. to perform extra work for
10 a fixed fee of $1,000.00, under the terms of an Agreement for Professional Services with said
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13 effective only upon Amendment No. 2 being fully executed by both parties. The Mayor is
Engineer authorized by Resolution No. 2002-52, is hereby approved. Such approval shall be
14 hereby authorized and directed to execute said Amendment No.2 on behalf of the City. A
15 copy of Amendment No.2 is attached as Exhibit "A" and incorporated herein by reference as
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fully as though set forth at length,
SECTION 2, This Amendment shall not take effect until the Amendment 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.
SECTION 3. This resolution is rescinded if the parties to the Amendment fail to
execute it within sixty (60) days of the passage of the resolution.
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2003-19
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1 RESOLUTION... APPROVING AMENDMENT NO. 2 TO AGREEMENT FOR
2 PROFESSIONAL SERVICES WITH DAVID EVANS AND ASSOCIATES, INC. FOR
ADDITIONAL DESIGN SERVICES ASSOCIATED WITH THE DESIGN OF THE
3 WIDENING OF DEL ROSA DRIVE AND THIRD STREET AT THE SAN
BERNARDINO INTERNATIONAL AIRPORT.
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a joint regular
meeting thereof,
held on the 21st
January
, 2003, by the following vote, to wit:
day of
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11 LONGYILLE
ABSENT
ABSTAIN
AYES
NAYS
Council Members:
ESTRADA
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x
12 MC GINNIS
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17
x
DERRY
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SUAREZ
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ANDERSON
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MC CAMMACK
x
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~WltLu0rylRd>>f,~ M
City Clerk '
The foregoing resolution is hereby approved this :J7~ day of January , 2003.
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Neil De~yor Pro Tern
City of San Bernardino
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24 Approved as to
25 form and legal content:
26 JAMES F. PENMAN,
City Attorney
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0pen~1 Cc.~sd
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2003-19
EXHIBIT "A"
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AMENDMENT NO.2 TO AGREEMENT FOR PROFESSIONAL SERVICES
This AMENDMENT NO.2 is made and entered into this 21st of January
2003, by and between the CITY OF SAN BERNARDINO, California, a municipal
corporation, hereinafter referred to as the "CITY" and David Evans & Associates, Inc.,
hereinafter referred to as "ENGINEER".
WITNESSETH
WHEREAS, the San Bernardino City Council, on February 19, 2002,
adopted Resolution No. 2002-52 approving an Agreement for Professional Services with
Engineer for preparation of plans, specifications, and estimates for the design of the
widening of Del Rosa Drive and 3'" Street at San Bernardino International Airport
(hereinafter "Agreement"); and
WHEREAS, the San Bernardino City Council, on June 17, 2002, adopted
Resolution No. 2002-170 approving Amendment No. 1 to Agreement for Professional
Services with Engineer for additional design services related to the design of the widening
of Del Rosa Drive and 3'" Street at San Bernardino International Airport (hereinafter
"Agreement"); and
WHEREAS, City requested the Engineer to perform additional design
services described, in general, as attending construction meetings and providing alternate
designs for the protection of the fuel line in 3'" Street; and
WHEREAS, Engineer has requested an amendment to the Agreement to
cover the cost of the additional design services as described in a letter proposal from
Engineer dated December 30, 2002, marked as Exhibit "B" attached hereto and made a part
hereof; and
WHEREAS, paragraph 5.B. of the Agreement allows adjustment to the total
cost of services when the Engineer and City agree in writing that there has been, or will be,
a significant change in the scope, complexity or character of the services to be performed;
and
WHEREAS, City agrees that the requested revisions are not within the scope
of services covered in the Agreement; and
NOW, THEREFORE, it is mutually agreed, as follows:
1. SCOPE OF SERVICES
Engineer shall perform those additional services identified in Exhibit "B".
2. COMPENSATION
Upon satisfactory completion of the additional services contained herein City
shall pay to Engineer an additional fixed fee of $1,000.00.
Page I of 2
2003-19
EXHIBIT "A"
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AMENDMENT NO, 2 TO AGREEMENT FOR PROFESSIONAL SERVICES WITH
ENGINEER DAVID EVANS & ASSOCIATES, INC.
3. NO ADDITIONAL CHANGES
Except as otherwise stated in this Amendment No.2, all terms of the original
Agreement, as approved by City on February 19, 2002, shall remain in full
force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.2 to
Agreement to be executed on the date written above by their duly authorized officers on
their behalf.
ATTEST:
CITY OF SAN BERNARDINO
BY: RiuI1i2U /ai}~
Rachel Clark, City Clerk
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BY:
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Neil Derry,6.ra'yor Pro Tern
City of San Bernardino
DAVID EVANS & ASSOCIATES, INC.
BY:
(C. j2c,)f'f
NAME:
TITLE:
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Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
BY:
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Page 2 of 2
December 30, 2002
2003-19
~ EXIllBIT "8"
- D TO AMEND. NO.2 TO AGREEMENT
W/DA VID EVANS & ASSOCIATES, INC.
DAVID EVANS
""""P.SSOCIATES INC.
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Mr. Alex Eslrada,
Senior Project and Property Manager
San Bernardino International
Airport and Trade Center
294 S. Leland Norton Way, Ste. #1
San Bemanlino, CA 92408-0131
Phone; (909) 382-4100 Fax:; (909) 382-4106
SUBJECT: SUPERSEDING PREVIOUS CIIANGE ORDER. REMITTANCE OF
1219102 CHANGE ORDER FOR THIS REVISED REQUEST FOR
CHANGE ORDER - CONSTRUCTION OBSERVATION SERVICES FOR
DEL ROSA AND 3RD STREET IMPROVEMENTS CONTRACT NO. 2002-
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Dear Ale,,:
We would like to remit the allached change order requesl that was submilled on 12/09102. In lieu
we are superseding il with a change order request to cover our time expended on the protection of
thefuel line only.
AI; you know David Evans fUld Associates. Inc. (DEA). aUended construction meetings and
provided alternate design.~ for the procection of the fuel line in 3'" Street. Although the final
decision Wll$ to relocate the line. We were requested to anend these meetings and look at
alternatives.
DEA would hereby like to request a cbange order in the amount of $1,000 10 assist in covering
the addilionaltime Ihat was expended above. Should you have any questions or require
clarification On any maller, please feel free to call.
Sincerely,
DA= YAm ~ ~'l1i U<C
Jeffrey K. pp, P.E.
Vice President
Fax copy: Michael Grubbs - (909) 384-5 I I 1
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800 North H.'en "'.enue Suite 300
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Ont'rio C.llfornia 91764 Ttlcphone: 909.4UI.~750 facsimile: 909.481.5757
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