First Amendment to Agreement Between
Psomas, a California Corporation and the City of Lomita for Sewer System Master Plan
This First Amendment to the Agreement is made and entered into between the City of Lomita (“City”) and Psomas, a California corporation (“Contractor”). The City and Contractor mutually agree to amend the existing Agreement entered into on July 18, 2023 as follows:
RECITALS
A. On July 18, 2023, the City entered into an Agreement with Contractor for Sewer System Master Plan (“Agreement”) through December 31, 2024.
B. The City and Contractor now desire to enter into this First Amendment to the Agreement to amend the total compensation and to extend the term of the Agreement to December 31, 2027.
NOW THEREFORE, pursuant to Section 30 of the Agreement, and in consideration of their mutual promises, obligations and covenants hereinafter contained, the parties hereto agree as follows:
1. Subsection C of Section 1, entitled “Consideration and Compensation” is hereby amended to read as follows:
As additional consideration, CITY agrees to pay CONTRACTOR an amount of 149,940.00, the CONTRACTOR’s estimated costs of its services, unless otherwise specified by written amendment to this Agreement. The City Council has also approved an additional 10% of these estimated costs, or up to $14,994.00, for unexpected contingencies, or a total, not-to-exceed amount of $ 164,934.00. If CONTRACTOR incurs expenses exceeding its estimated costs of $149,040.00, the CONTRACTOR must request such expenses in writing, and the CITY’s City Manager or his designee must approve of such requests, for CONTRACTOR to receive compensation for those costs.
2. Section 2 – Scope of Services. The CITY and CONTRACTOR agree to add the services and activities set forth in the scope of services attached hereto as Exhibit A for the Sewer System Master Plan.
3. Section 7, entitled “Term of Agreement” is hereby amended to read as follows:
The term of this Agreement shall commence upon execution by both parties and shall expire on December 31, 2027 unless earlier termination occurs under Section 14 of this Agreement or extended in writing in advance by both parties.
4. All terms, conditions, and other provisions of the Agreement, including all exhibits, not affected by this First Amendment shall remain in full force and effect.
5. The parties agree that this First Amendment will be considered signed when the signature of a party is delivered by facsimile transmission or scanned and delivered via electronic mail. Such facsimile or electronic mail copies will be treated in all respects as having the same effect as an original signature.
IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the __ day of ____ 2024, at Lomita, California.
City of Lomita Psomas
By______________________________ By _______________________________ Andrew Vialpando, City Manager Michael Swan, Vice President Attest: Approved as to Form:
________________________________ _________________________________ Kathleen Horn Gregory, CMC, City Clerk Trevor Rusin, City Attorney