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HomeMy WebLinkAbout2008-121 1 2 3 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH 4: TRANSTECH ENGINEERS, INC. FOR PLANNING, ARCHITECTURE AND 5 ENGINEERING SERVICES TO PREPARE THE SANTA FE DEPOT DISTRICT AREA PLAN. 6 7 RESOLUTION NO. 2008-121 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: 8 SECTION 1. That the City Manager is authorized to execute Amendment No.1 to the 9 Professional Services Agreement with Transtech Engineers, Inc. for planning, architecture and 10 engineering services to prepare the Santa Fe Depot District Area Plan (attached and incorporated 11 herein as Exhibit "A"). 12 13 SECTION 2. This Amendment No.1 shall not take effect or become operative until 14 fully signed and executed by the parties and no party shall be obligated hereunder until the time 15 of such full execution. No oral agreements, amendments, modifications or waivers are intended 16 17 18 19 20 21 I I I 22 III 23 24 25 26 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 This resolution is rescinded if the parties to the contract fail to execute it within sixty (60) days of passage of the resolution. III 27 28 - 1 - 2008-121 1 RESOLUTION APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT WITH TRANSTECH ENGINEERS, INC. 3 FOR PLANNING ARCHITECTURE AND ENGINEERING SERVICES TO PREP ARE THE SANTA FE DEPOT DISTRICT AREA PLAN. 4 5 6 7 2 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 April day of , 2008, by the following vote, to wit: 8 Council Members: 9 ESTRADA 10 BAXTER 11 12 BRINKER 13 DERRY 14 KELLEY AYES NAYS ABSTAIN ABSENT ---.X.. x x x x 15 JOHNSON 16 MC CAMMACK 17 18 19 x x 20 v~,--Jo( (;; U.J~JL City Clerk The foregoing resolution is hereby approved this C>(.j"'~ay of April , 2008. 21 22 23 24 Approved as to form: 25 26 27 28 JAMES F. PENMAN, City Attorney By: /)~II~ - 2- 2008-121 Exhibit" A" AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is entered into this o2Isr day of /'1;1'.e/~ , 2008, between Transtech Engineers, Inc. ("Contractor") and the CITY OF SAN BERNARDINO ("City)". WITNESSETH: A. WHEREAS, on December 6, 2004, the Mayor and Common Council of City adopted Resolution No. 2004-385, approving a Professional Services Agreement with Contractor for Planning, Architecture and Engineering Services to prepare the Santa Fe Depot District Area Plan; and, B. WHEREAS, said Professional Services Agreement was effective on December 10, 2004, and expired eight (8) months thereafter; and, C. WHEREAS, Contractor had submitted invoices for work performed pursuant to said Agreement for which no payment has been made by City; and, D. WHEREAS, In order for City to process and make payment on the outstanding invoices, the Agreement must not have expired. NOW THEREFORE, the parties hereto agree as follows: 1. Section 1 of said Professional Services Agreement is amended to read as follows: Subject to the provisions of Section 22 "Termination of Agreement" of this Agreement, the term of this Agreement shall be effective from December 10, 2004 through and including June 30, 2008. Such term may be extended upon written agreement of both parties to the Agreement. 2. All other terms and conditions of the original Professional Services Agreement, as approved by Resolution No. 2004-385, shall remain unchanged. III III 2008-121 Exhibit "A" Amendment NO.1 to Professional Services Agreement - Transtech Engineers, Inc. Page 2 of2 AMENDMENT NO.1 TO PROFESSIONAL SERVICES AGREEMENT IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date shown below. Date: t;(,!, ~ TRANSTECH ENGINEERS, INC. Si~ by: A ( \' C~"/ 1'<"' I f r t'~ ~4 W[ff Print Name/Title Date: ~ c;L,? 6>-CJtxf' by: BERNARDINO ATTEST: /:) . l 1 J Y\.-fLAJJ~ /;:). U-tuv-AL- Rachel Clark, City Clerk Approved as to form: JAMES F. PENMAN, City A~Y /J_ /JI. . By: ~f/.~