1 SECOND AMENDMENT TO CONSULTING SERVICES AGREEMENT WITH DAVID EVANS AND ASSOCIATES, INC. FOR
LANDSCAPE PLAN CHECK CONSULTING SERVICES
This Second Amendment to Consulting Services Agreement (“Second Amendment”) is executed as of July 1, 2024, by and between the City of Diamond Bar, a municipal corporation (“City”), and David Evans and Associates, Inc., a California corporation (herein referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consulting Services Agreement dated as of July 1, 2020, which is incorporated herein by this reference (the “Original Agreement”); and
B. The City and Consultant entered into that certain First Amendment dated as of August 1, 2023, which is incorporated herein by this reference (“First Amendment”), which First Amendment and Original Agreement collectively are referred to as the “Agreement;” and
C. The City and the Consultant desire to amend the Agreement as provided herein.
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
2. Term. The Term of the Original Agreement as set forth in Section 2 therein is from July 1, 2020 to June 30, 2023. The First Amendment extended the Term up to and including June 30, 2024. This Second Amendment extends the Term up to and including June 30, 2025.
3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in “Agreement.” The hourly rates of Consultant staff time are hereby amended to provide for an increase based on Consumer Price Index (“CPI”) for the Los Angeles/Long Beach/Anaheim metropolitan areas pursuant to Section 2 of the Original Agreement. The rates applicable to the extended term commencing July 1, 2024 shall be pursuant to the fee schedule attached hereto as Exhibit “A.”
4. Integration. This Second Amendment and all attachments hereto (if any) integrate all of the terms and conditions mentioned herein, and supersede all negotiations with respect hereto. This Second Amendment amends, as set forth herein, the Original Agreement and except as specifically amended hereby, the Original Agreement shall remain in full force and effect. To the extent that there is any conflict or inconsistency between the terms and provisions of this Second Amendment and the terms and provisions of the Original Agreement, the terms and provisions of this Second Amendment shall control.
2 IN WITNESS hereof, the parties enter into this Second Amendment on the year and day as first set forth above.
"Consultant" "City"
DAVID EVANS AND ASSOCIATES, INC. CITY OF DIAMOND BAR
4141 East Inland Empire Blvd. Suite 250 21810 Copley Drive Ontario, CA 91764 Diamond Bar, CA 91765
Attn: Kim S. Rhodes, Vice President Attn: Dan Fox, City Manager Phone: 909-481-5750 Phone: 909-839-7010
Email: [email protected] Email: [email protected] By: ______ By: ____
Kim S. Rhodes, Vice President Dan Fox, City Manager
ATTEST:
____
Kristina Santana, City Clerk
Approved as to form:
By:____
Omar Sandoval, City Attorney
*NOTE:If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City. 3 Exhibit “A”
Rate Schedule
4141 East Inland Empire Boulevard Suite 250 Ontario California 91764 Telephone: 909.481.5750 Facsimile: 909.481.5757 Rates Effective through June 30, 2025.
Classification Hourly Rate
Senior Project Manager $186.00
Senior Landscape Architect $186.00
Senior Irrigation Specialist $165.00
Senior Landscape Designer $165.00
Landscape Designer $132.00
Accounting $102.00
Reimbursable Expenses: Client shall pay the costs plus 15% for any applicable governmental fees, title company charges, outside vendor reproduction costs, in-house reproduction costs, mileage, printing, postage, and delivery or messenger services incurred on Client’s behalf.