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HomeMy WebLinkAbout2019-151Resolution No. 2019-151 RESOLUTION NO. 2019-151 RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO, CALIFORNIA, AUTHORIZING THE EXECUTION OF AMENDMENT NUMBER SIX WITH WILLDAN ENGINEERING FOR PLAN REVIEW, INSPECTION, STORMWATER MANAGEMENT, AND COUNTER SERVICES WHEREAS, City and Consultant entered into a Professional Services Agreement on September 2, 2014, setting forth the terms and conditions under which Consultant would perform professional consulting services for the City ("Agreement"); and WHEREAS, City and Consultant desire to amend the Agreement to extend the term of the Agreement until September 30, 2019 with Two (2) six month extensions, and modify the Consultant's total amount to $1,500,000. BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF SAN BERNARDINO AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The City Manager is hereby authorized and directed to execute Amendment Number Six to a Consulting Services Agreement with Willdan Engineering attached hereto as Exhibit "A", in an amount not to exceed $1,500,000 for a term ending September 30, 2019 with Two (2) six month extensions. SECTION 3. The authorization to execute the above -referenced amendment is rescinded if the amendment is not executed and returned to the Office of the City Clerk within sixty (60) days following the effective date of this Resolution. SECTION 4. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 5. Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and to this end the provisions of this Resolution are declared to be severable. SECTION 6. Effective Date. This Resolution shall become effective immediately. APPROVED and ADOPTED by the City by the City Clerk this 5th day of June 2019. Attest: Georgeann 19nna, MMC, tity Clerk Approved as to form: Gary D. Saenz, City Attorney Resolution No. 2019-151 and signed by the Mayor and attested John Valdivia, Mayor City of San Bernardino Resolution No. 2019-151 CERTIFICATION STATE OF CALIFORNIA) COUNTY OF SAN BERNARDINO) ss CITY OF SAN BERNARDINO) I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of Resolution No. 2019-151 adopted at a regular meeting held on the 5h day of June 2019 by the following vote: Council Members: AYES NAYS ABSTAIN ABSENT SANCHEZ _ x IBARRA x FIGUEROA x SHORETT x NICKEL x RICHARD x MULVIHILL X WITNESS my hand and official seal of the City of San Bernardino this 5h day of June 2019. Georgeanri4lanna, MMC;_City Clerk Exhibit "A" AMENDMENT NUMBER SIX TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND WILLDAN ENGINEERING FOR PLAN REVIEW, INSPECTION, STORMWATER MANAGEMENT, AND COUNTER SERVICES THIS AMENDMENT NUMBER SIX TO AGREEMENT is made and entered into this 5' day of June 2019 ("Effective Date"), by and between the CITY OF SAN BERNARDINO, CALIFORNIA, a charter city ("CITY"), and WILLDAN ENGINEERING ("CONSULTANT"). WITNESSETH: WHEREAS, CITY and CONSULTANT entered into the Original Consulting Services Agreement on September 2, 2014; and WHEREAS, CITY and CONSULTANT now wish to amend the agreement to increase the contract by an additional amount of $310,000 for a total amount of $1,500,000 per year of the contract; and WHEREAS, CITY and CONSULTANT also seek by this Amendment to extend the term of the Agreement to September 30, 2019 with two six month extensions. NOW, THEREFORE, in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: Section 2.1 Compensation is hereby amended to increase the total amount not to exceed $1,500,000 per contract year. 2. Section 3.1 Term is hereby amended as follows "This Agreement shall commence on the Effective Date and continue through September 30, 2019, with Two (2) six month extensions unless the Agreement is previously terminated as provided for herein." 3. Except for the changes specifically set forth herein, all other terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment Number Six to be executed by and through their respective authorized officers, as of the date first above written. Exhibit "A" AMENDMENT NUMBER SIX TO CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SAN BERNARDINO, CALIFORNIA, AND WILLDAN ENGINEERING FOR PLAN REVIEW, INSPECTION, STORMWATER MANAGEMENT, AND COUNTER SERVICES CITY OF SAN BERNARDINO, A Charter City 'ALI Teri Ledoux, Acting Ci y Manager ATTEST: Georgeann Hadia, MMC, Ci Clerk APPROVED AS TO FORM: Gary D. Saenz, City Attorney By: 2 WILLDAN ENGINEERING CONSULTANT Signature Name and Title