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HomeMy WebLinkAbout1981-044 , .;. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ~ /;f"tf"u day of \,-$.4/,,;!-- councilmen~4L; 2-lL"1 _:d~f3/ ;/fIl<u'i7 'e1ihAt< YU.;;~/,#~d:J ~ - 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: ~(f6-g ,,/<1' 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." , - (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 4 5 covenants of the agreement shall remain the same and be in full 6 force and effect. 7 DATED: Feb. :17, (19/ 8 ATTEST: 9 10 ~//1l/JJ 4Y~ CJ.ty Clerk 11 12 13 14 15 16 17 Approved as to form: ~~~;? city torney 18 19 20 21 22 23 24 25 26 27 28 JHK & ASSOCIATES, INC. a~~#411f.{/c..4~ Vice President By BY~~~/ 9-. ~ Seqfetary-Treasurer -2-