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ORANGE\DDERLETH\55190.2
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
DUDEK
(CONSTRUCTION MANAGEMENT & INSPECTION SERVICES – MANGULAR
BLENDING FACILITY)
1. PARTIES AND DATE.
This First Amendment to the Professional Services Agreement (“First Amendment”) is made and entered into this 5th day of January, 2022 by and between the City of Corona (“City”) and Dudek, a California corporation (“Consultant”). City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this First Amendment.
2. RECITALS.
2.1 Agreement. City and Consultant entered into that certain Professional Services Agreement dated July 15, 2020 (“Agreement”), whereby Consultant agreed to provide construction management and inspection services for the Mangular Blending Facility Project.
2.2 Amendment. City and Consultant desire to amend the Agreement for the first time to (1) extend the Term of the Agreement through September 30, 2022 due to equipment procurement delays caused by COVID-19 shutdowns, site constraints related to working around existing essential facilities that must remain operational during construction and requiring linear construction activities and design modifications to provide variable frequency drive pump motors; (2) increase the Total Compensation by $120,000 to $783,217 to account for the Term extension; (3) replace Exhibit “B” (Schedule of Services) with Exhibit “B-1” (Schedule of Services); and (4) replace Exhibit “C” (Compensation) with Exhibit “C-1” (Compensation).
3. TERMS.
3.1 Term. Section 3.1.2 (Term) of the Agreement is hereby deleted in its entirety and replaced with the following:
"3.1.2 Term. The term of this Agreement shall be from August 1, 2020 to September 30, 2022 (“Term”), unless earlier terminated as provided herein. Consultant shall complete the Services within the Term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the Term of this Agreement one or more times by executing a written amendment pursuant to Section 3.6.8 below (each a “Renewal Term”).”
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3.2 Rates & Total Compensation.Section 3.3.1 (Rates & Total Compensation) and Exhibit “C” (Compensation) of the Agreement are hereby deleted in their entirety and replaced with the following:
“3.3.1 Rates & Total Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit “C-1” attached hereto and incorporated herein by reference. The total compensation, including authorized reimbursements, shall not exceed Seven Hundred Eighty-three Thousand Two Hundred Seventeen Dollars ($783,217.00)
(“Total Compensation”), without written approval of City’s Representative. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
3.3 Exhibit “B”. Exhibit “B” (Schedule of Services) of the Agreement is hereby deleted in its entirety and replaced with Exhibit “B-1” (Schedule of Services) attached hereto and incorporated herein by reference.
3.4 Continuing Effect of Agreement. Except as amended by this First Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect.
From and after the date of this First Amendment, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement as amended by this First Amendment.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Amendment.
3.6 Counterparts. This First Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
[SIGNATURES ON FOLLOWING PAGE]
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CITY’S SIGNATURE PAGE FOR FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
DUDEK
(CONSTRUCTION MANAGEMENT & INSPECTION SERVICES – MANGULAR
BLENDING FACILITY)
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
CITY OF CORONA
By: _________________________
Savat Khamphou, P.E., P.L.S.
Public Works Director/City Engineer
Reviewed By:
_________________________
Tom Moody
General Manager
Reviewed By:
__________________________
Vernon R. Weisman, P.E.
District Engineer
Reviewed By:
___________________________
Scott Briggs
Purchasing Specialist V
Attest:
____________________________
Sylvia Edwards, City Clerk
City of Corona, California
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CONSULTANT’S SIGNATURE PAGE FOR FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF CORONA
AND
DUDEK
(CONSTRUCTION MANAGEMENT & INSPECTION SERVICES – MANGULAR
BLENDING FACILITY)
IN WITNESS WHEREOF, the Parties have entered into this First Amendment to Professional Services Agreement as of the date noted on the first page of the Amendment.
DUDEK
a California corporation
By: _______________________________
Signature
_______________________________
Name
_______________________________
Title (CEO, President, V.P.)
By: _______________________________
Signature
_______________________________
Name
________________________________
Title (Secretary, CFO, Treasurer)
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EXHIBIT "B-1"
SCHEDULE OF SERVICES
[PROJECT SCHEDULE PROVIDED ON FOLLOWING PAGE]
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EXHIBIT "C-1"
COMPENSATION
Total Compensation shall not exceed seven hundred eighty-three thousand two hundred seventeen dollars ($783,217.00) without prior written authorization from City’s Representative. 8 (BB&K: 9-10)
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