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HomeMy WebLinkAbout2018-1391 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. 2018-139 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE REPLACEMENT OF THE 2ND STREET BRIDGE AT WARM CREEK. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The City Manager or designee is hereby authorized and directed to execute Amendment No. 1 to the Agreement for Services with Tetra Tech for design of the replacement of 2nd Street Bridge at Warm Creek, Federal Aid Project No. BRLS-5033(052), Capital Improvement Project No. SS13-001, Bridge No. 54C-0411, a copy of which is attached as Exhibit "A" and incorporated herein. SECTION 2. This Amendment shall not take effect until it 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. The authorization to execute this Amendment No. 1 is rescinded if the parties to the Agreement fail to execute it and return it to the office of the City Clerk within sixty (60) days of the passage of this Resolution. Page 1 of 2 1 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 OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE REPLACEMENT OF THE 2ND STREET BRIDGE AT WARM CREEK. I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Mayor and City Council of the City of San Bernardino at a Joint Regular Meeting thereof, held on the 16th day of May 2018, by the following vote, to wit: Council Members: AYES NAYS MARQUEZ k BARRIOS k VALDIVIA X f SHORETT_ NICKEL RICHARD r MULVIHILL X(5) ABSTAIN ABSENT x Georgeann Fbr6a, CMC, C' Clerk The foregoing Resolution is hereby approved this 16a` day of Ma 2018. L R. Carey DavZ�aidino ayor City of San B Approved as to form: Gary D. Saenz, City Attorney By: --<4 tmZ Page 2 of 2 EXHIBIT "A" AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE REPLACEMENT OF THE 2ND STREET BRIDGE AT WARM CREEK. This AMENDMENT is made and entered into this 16'h day of May 2018, by and between the CITY OF SAN BERNARDINO, California, a municipal corporation, hereinafter referred to as the "City" and TETRA TECH, hereinafter referred to as "Consultant." WITNESSETH: A. WHEREAS, on June 16, 2014 the Mayor and City Council adopted Resolution No. 2014-234 awarding an Agreement to Tetra Tech for the design of the bridge replacement at 2nd Street and Warm Creek Federal Aid Project No. BRLS- 5033(052), Capital Improvement Project No. SS13-001, Bridge No. 54C-0411 (Project); and B. WHEREAS, on December 5, 2016 the Mayor and City Council approved Resolution No. 2016-247 adopting a Mitigated Negative Declaration (MND), approving a Mitigation Monitoring and Reporting Program(MMRP) and authorizing the Director of Community Development or Designee to file a Notice of Determination (NOD) with the Clerk of the Board of Supervisors of San Bernardino County for the 2nd Street Bridge Replacement Project, Bridge #54C-0411; and C. WHEREAS, based on the original scope of services, the expiration date of the Agreement for Services was established as June 30, 2017; and D. WHEREAS, the Project is continuing and the services of the Consultant will be needed through December 31, 2018; and E. WHEREAS, the Consultant concurs with extending the expiration date of the Agreement to December 31, 2018. NOW THEREFORE, the parties hereto agree as follows: 1. Section 4.1 "Term" of said Agreement for Services is hereby amended to extend the term of this Agreement to December 31, 2018, unless terminated sooner as provided herein. 2. All other terms and conditions of said Agreement for Services approved by Resolution Nos. 2014-234 and 2016-247 shall remain unchanged. BE Amendment No. 1 to Agreement for Services with Tetra Tech. AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES WITH TETRA TECH FOR DESIGN OF THE REPLACEMENT OF THE 2ND STREET BRIDGE AT WARM CREEK. IN WITNESS WHEREOF, the parties hereto have executed this Amendment on the date first shown above. CITY OF SAN BERNARDINO TI By: B} Andrea M. Miller, City Manager Approved as to form: Gary D. Saenz, City Attorney By. ATEST: Georgeann Hanr4, City Clerk -2- ll ✓aJur� �v�Z' �,� ��;anv Print Name/Title