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HomeMy WebLinkAbout2018-2431 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. 2018-243 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONSULTANT SERVICE AGREEMENT WITH INFRASTRUCTURE ENGINEERS FOR SENIOR ENGINEER SERVICES AND AUTHORIZE THE DIRECTOR OF FINANCE TO INCREASE THE PURCHASE ORDER BY $200,000 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 the First Amendment to the Consultant Service Agreement with Infrastructure Engineers for Senior Engineer Services. SECTION 2. The Director of Finance or designee is hereby authorized and directed to increase the purchase order for Infrastructure Engineers by $200,000, for a total amount no to exceed $249,999 SECTION 3. 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 4. The authorization to execute this First Amendment is rescinded if the parties to the Agreement fail to execute it within Ninety (90) days of the passage of this Resolution. IlI 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 AND DIRECTING THE CITY MANAGER TO EXECUTE THE FIRST AMENDMENT TO THE CONSULTANT SERVICE AGREEMENT WITH INFRASTRUCTURE ENGINEERS FOR SENIOR ENGINEER SERVICES AND AUTHORIZE THE DIRECTOR OF FINANCE TO INCREASE THE PURCHASE ORDER BY $200,000 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 5th day of September 2018, by the following vote, to wit: Council Members: AYES MARQUEZ BARRIOS VALDIVIA SHORETT NICKEL RICHARD MULVIHILL NAYS ABSTAIN ABSENT Georgeann Vanna, CMC, ity Clerk The foregoing Resolution is hereby approved this 5`i' day of September 2018. I C R. Carey Davis ayor City of San B ardino Approved as to form: Gary D. Saenz, City Attorney Page 2 of 2 Exhibit `K FIRST AMENDMENT TO THE CONTRACTOR SERVICES AGREEMENT City of San Bernardino and Infrastructure Engineers CITY: CITY OF SAN BERNARDINO 290 North "D" Street, 3rd Floor San Bernardino, California 92401 CONTRACTOR= Infrastructure Engineers 3060 Saturn Street, Suite 250 Brea, CA 92821 SERVICES= Consultant shall provide staff augmentation services to fill the position of "Senior Engineer" To be performed by: Nadeem Syed AMOUNT= $249;999,000 (as amended) EXPIRATION DATE: June 30, 2019 MANAGING DEPARTMENT= Public Works Exhibit `A' FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO AND INFRASTRUCTURE ENGINEERS First Amendment to the Consultant Services, dated as of September 5, 2018 (the "Amendment"), between the City of San Bernardino, a charter city and municipal corporation organized under the Constitution of the State of California ("City"), and Infrastructure Engineers ("Contractor," and together with City, the "Parties," and each, a "Park) WHEREAS, the Parties have entered into an Agreement, dated as of May 22, 2018, to provide Senior Engineer Consulting Services (the "Existing Agreement"); and WHEREAS, the Parties hereto desire to amend the Existing Agreement to increase the contract amount on the terms and subject to the conditions set forth herein; and WHEREAS, pursuant to Section 12.12 of the Existing Agreement, the amendment contemplated by the Parties must be contained in a written agreement. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows= 1. Definitions. Capitalized terms used and not defined in this Amendment have the respective meanings assigned to them in the Existing Agreement. 2. Amendments to the Existing Agreement. As of the Effective Date (defined below), the Existing Agreement is hereby amended or modified as follows= Section 4.3 Amount of Compensation is amended to replace the term "FORTY NINE THOUSAND NINE HUNDRED NINETY NINE DOLLARS ($49,0999)" with "TWO HUNDRED FORTY NINE THOUSAND NINE HUNDRED NINETY NINE DOLLARS ($249,999)." 3. Date of Effectiveness; Limited Effect. This Amendment will become effective as of the date fully executed by the Parties (the "Effective Date"). Except as expressly provided in this Amendment, all of the terms and provisions of the Existing Agreement are and will remain in full force and effect and are hereby ratified and confirmed by the Parties. Without limiting the generality of the foregoing, the amendments contained herein will not be construed as an amendment to or waiver of any other provision of the Existing Agreement or as a waiver of or consent to any further or future action on the part of either Party that would require the waiver or consent of the other Party. On and after the Effective Date, each reference in the Existing Agreement to "this Agreement," "the Agreement," "hereunder," "hereof," "herein," or words of like import will mean and be a reference to the Existing Agreement as amended by this Amendment. Exhibit'K IN WITNESS WHEREOF, this Agreement is executed by City and Contractor acting by and through their authorized officers. CITY OF SAN BERNARDINO: Date: Qq / to— / 2018 �Lw Andrea . Miller, City Manager APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: WA-v� e2' Infrastructure Engineers: Date: 01 / /3 / 2018 By: Its: ego