AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT BETWEEN THE
CITY OF MANTECA AND HERWIT ENGINEERING
This Amendment No. 1 (“Amendment”) to Agreement C2022-44 (“Agreement”) between the City of Manteca and Herwit Engineering,” is made and entered into this ___ day of ___________, 2023, by and between Herwit Engineering a California corporation (“Consultant”) and the City of Manteca, a municipal corporation (“City”).
RECITALS
A. On “April 21, 2021”, the City of Manteca approved an Agreement with Consultant to provide Engineering Design services for F2E/Food Processing project.
B. City now desires to amend the Agreement in order to expand the term and increase the dollar amount of services to be undertaken by the Consultant.
C. Consultant represents that it has the necessary professional skills and experience to satisfactorily provide consulting services in a timely manner.
D. City desires to engage Consultant for the purposes of completing the scope of services identified.
NOW, THEREFORE, the parties hereby agree as follows:
1. Scope of Service. Task 2 Scope of Service to the Agreement is hereby amended by adding the tasks set forth in Task 2 to this Amendment, attached hereto and incorporated herein by reference, “Scope of Service Task 2”.
2. Paragraph 3 of the Agreement is hereby amended to read as follows:
“3. Time of Performance. The services of Consultant are to commence upon execution of this Agreement and shall continue until all authorized work is approved by the City. All such work shall be completed no later than “August 31st, 2023”.
3. Paragraph 4 of the Agreement is hereby amended to read as follows:
“3. Compensation. Compensation to be paid to Consultant shall be in accordance with the Schedule of Charges set forth in original contract agreement, which is incorporated herein by reference. In addition to the Compensation for the Agreement ($50,000), compensation for Amendment No. 1 services shall in no event exceed ($44,744) Forty-four Thousand, Seven Hundred Forty-four DOLLARS without additional authorization from the City (for a new, total do not exceed of $94,744). 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.”
4. Except as otherwise provided in this Amendment, the Agreement shall continue in full force and effect.
END
TO EFFECTUATE THIS AMENDMENT, each of the parties has caused this Agreement to be executed by its duly authorized representative as of the date set forth in the introductory paragraph on page 1 above.
CITY OF MANTECA: CONSULTANT:
Herwit Engineering.
_________________________________ ___________________________________ Toni Lundgren (Type name of Consultant/form of organization)* Interim City Manager
ATTEST: By: ___________________________________
(Signature)
___________________________________ Kurt Gardner, Partner Cassandra Candini-Tilton,
Director of Legislative Services
COUNTERSIGNED: By: ___________________________________ (Signature)
_________________________________ ___________________________________ Jared Hanson, Gregory Harris, Partner
Acting Director of Finance
COUNTERSIGNED: Address:
6200 Center St, Ste. 310
_________________________________ Clayton, CA. 94517
Dawn Cortesi,
Interim Director of Human Resources Telephone: (925) 672-6599 APPROVED AS TO FORM:
_________________________________
L. David Nefouse,
City Attorney
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STATEMENT OF WORK AND ACTIVITIES #2
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