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5 AMENDMENT NO. 1
TO AGREEMENT FOR PROFESSIONAL SERVICES
Engineering Resources of Southern California, Inc.
Design Professional
This Amendment No. 1 to Agreement for Professional Services is made and entered into as of 1/28/2025, by and between the City of Lake Elsinore, a municipal corporation (“City), and Engineering Resources of Southern California, Inc., a corporation (“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for Professional Services dated as of 7/9/2024, (the “Original Agreement”). Except as otherwise defined herein, all capitalized terms used herein shall have the meanings set forth for such terms in the Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount of one hundred twenty-seven thousand three hundred eighty-five dollars ($127,385.00).
C. The parties now desire to amend the scope of services and increase the payment for such services as set forth in this Amendment No 1.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, City and Consultant agree as follows:
1. Section 1, Scope of Services, of the Original Agreement is hereby amended to add the following:
Consultant shall also perform the services described in Consultant’s 1/15/2025 Proposal (attached to this Amendment No. 1 as Exhibit A-1).
Consultant shall provide such services at the time, place, and in the manner specified in Exhibit A-1, subject to the direction of the City through its staff that it may provide from time to time.
2. Section 3, Compensation, of the Original Agreement is hereby amended and restated to read in its entirety as follows:
Compensation to be paid to Consultant shall be in accordance with the fees set forth in Consultant’s Proposals (Attachment 2 to the Original Agreement and Exhibit A-1 to Amendment No. 1 ) which are incorporated herein by reference. In no event shall Consultant's compensation for services under the Original Agreement as amended by Amendment No. 1 exceed one hundred forty-one thousand seventy-five dollars ($141,075.00) without additional written authorization from the City Council. Notwithstanding any provision of Consultant's Proposals to the contrary, out of pocket expenses shall be reimbursed at cost without an inflator or administrative charge.
Payment by City under this Agreement shall not be deemed a waiver of defects, even if such defects were known to the City at the time of payment.
3. Except for the changes specifically set forth herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. 3 8
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5 IN WITNESS WHEREOF, the parties have caused this Amendment No. 1 to be executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
“CONSULTANT”
Engineering Resources of Southern California, Inc.
City Manager
Date:
Matt Brudin P.E., Principal
Date: __
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
Assistant City Manager
Attachments: Exhibit A-1 – Consultant’s Proposal
EXHIBIT A-1
CONSULTANT’S PROPOSAL
[ATTACHED]