HomeMy WebLinkAbout1981-044
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RESOLUTION NO. ?/-.{/-;/
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A FIRST AMENDMENT TO AGREEMENT WITH JHK & ASSOCIATES I
CORRECTING CERTAIN CLERICAL ERRORS IN THE AGREEMENT FOR ENGINEERING
SERVICES FOR TRAFFIC SIGNALS.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor of the City of San Bernardino is hereby
authorized and directed to execute on behalf of said City a First
Amendment to Agreement with JHK & Associates correcting certain
clerical errors in the Agreement for engineering services for
traffic signals. a copy of which is attached hereto, marked
Exhibit "A" and incorporated herein by reference as fully as
though set forth at length.
I HEREBY CERTIFY that the foregoing resolution was duly
adopted by the Mayor and Common Council of the City of San
on the ~
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day of \,-$.4/,,;!--
councilmen~4L; 2-lL"1 _:d~f3/
;/fIl<u'i7 'e1ihAt< YU.;;~/,#~d:J
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fu
Bernardino at a
meeting thereof, held
, 1981, by the following
vote, to wit:
AYES:
NAYS:
ABSENT:
~f/?d) ~4;;
City Clerk
The foregoing resolution is
of ,,,,llkr ' 198!.
Approved as to form:
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I FIRST AMENDMENT TO AGREEMENT
2 (Professional Engineering Services)
3 THIS FIRST AMENDMENT TO AGREEMENT is entered into between the
4 CITY OF SAN BERNARDINO, a municipal corporation, referred to as
5 "City", and JHK & ASSOCIATES, a California corporation, referred
6 to as "Engineer".
7 City and Engineer agree as follows:
8 1. Recitals.
9 (a) City and Engineer entered into an agreement on
10 December 9, 1980 (the agreement), relating to design and
II preparation of construction plans, technical specifications, and
12 cost estimates for the installation or modernization of traffic
13 signals at thirteen locations.
14 (b) The parties desire to amend the agreement to correct
15 certain clerical errors.
16 2. Amendments.
17 (a) Paragraph L of the agreement is amended to read:
18 "L. Covenant Against Contingent Fees
19 ENGINEER warrants that he has not employed or retained any company
20 or person to solicit or secure this contract, and that he has not
21 paid or agreed to pay any company or person any fee, commission,
22 percentage, brokerage fee, gifts, or any other consideration,
23 contingent upon or resulting from the award or making of this
24 contract. For breach of violation of this warranty, CITY shall
25 have the right to annul this contract without liability or, in its
26 discretion, to deduct from the contract price or consideration, or
27 otherwise recover the full amount of such fee, commission,
28 percentage, brokerage fee, gift, or contingent fee."
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(b) Appendix B to the agreement is amended to reflect
2 the insertion of an asterisk before paragraph 5, Valencia
3 Avenue/Thirtieth Street.
3. Other Provisions. All other terms, conditions and
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5 covenants of the agreement shall remain the same and be in full
6 force and effect.
7
DATED:
Feb. :17, (19/
8
ATTEST:
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10 ~//1l/JJ 4Y~
CJ.ty Clerk
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Approved as to form:
~~~;?
city torney
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JHK
& ASSOCIATES, INC.
a~~#411f.{/c..4~
Vice President
By
BY~~~/ 9-. ~
Seqfetary-Treasurer
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