Attachment No. 3
[SIGNATURE PAGE FOLLOWS]
SEVENTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
This Seventh Amendment to the Professional Services Agreement (“Seventh Amendment”) is entered into as of ____________, 2024 and is to that certain Agreement by and between the City of Norwalk, a California municipal corporation (“City”) and Onward Engineering, a California corporation (“Consultant”) (collectively referred to as “Parties”) dated March 22, 2022 (“Original Agreement”).
R E C I T A L S
A. On March 22, 2022, the Parties entered into an Agreement for Professional Services to provide Design Services for Local Streets Rehabilitation Program - Phase 2, Zone 19, City Project No. 7929.
B. On July 29, 2022, the Parties entered into a First Amendment (“First Amendment”) to the Original Agreement to increase the maximum compensation.
C. On September 21, 2022, the Parties entered into a Second Amendment (“Second Amendment”) to the Original Agreement to increase the maximum compensation and add additional services.
D. On June 8, 2023, the Parties amended the Agreement (“Third Amendment”) to increase the maximum compensation and add additional construction support services in the Agreement.
E. On July 27, 2023, the Parties amended the Agreement (“Fourth Amendment”) to increase the maximum compensation and add additional construction management and inspection services for Project No. 7927.2.
F. On September 18, 2023, the Parties amended the Agreement (“Fifth Amendment”) to increase the maximum compensation for Project No. 7927.1 and add additional construction support services in the Agreement.
G. On October 24, 2023, the Parties amended the Agreement (“Sixth Amendment”) to increase the maximum compensation for Project 7927.2. The Original Agreement, First, Second, Third, Fourth, Fifth, and Sixth Amendments shall collectively be referred to as the (“Agreement”).
H. Pursuant to Sections 3.3 and 21 of the Agreement, the Parties desire to add additional services to Project No. 7927.2 and Project No. 7929.2 in accordance with Consultant’s proposal attached hereto as Exhibit A-5, which is hereby incorporated by reference into the Agreement, and increase the maximum compensation under the Agreement by Five Thousand One Hundred Eighty Dollars ($5,180) for Project No. 7927.2 and by Twenty Seven Thousand One Hundred Dollars ($27,100) for Project No. 7929.2. This would increase the total compensation under the Agreement for City 2 Project No. 7927.2 to $177,318.48, Project No. 7929.2 to ($367,500) and while the total compensation for Project No. 7927.1 ($91,874.50) would remain unchanged.
Now, therefore, and for good consideration, the Parties agree to modify the Agreement as follows:
Section 1. The Section 1.1, “Scope of Services”, is hereby supplemented to include services more particularly described in the attached Exhibit A-5.
Section 2. As consideration for the additional services included in Exhibit A-5, Consultant shall be compensated in accordance with the Fee Schedule also included in Exhibit A-5. The first sentence in Section 3.1, “Compensation”, is also hereby amended in its entirety to read as follows:
“3.1 Compensation. As compensation for Consultant’s Services provided under this Agreement, City shall pay Consultant a sum not-to-exceed Six Hundred Nine Thousand Five Hundred Ninety-Two Dollars and Ninety-Eight Cents ($636,692.98) (the “maximum compensation”).
Section 3. The first sentence Exhibit B Fee Schedule, as amended, is also hereby amended in its entirety to read as follows:
“Consultant shall provide the services as described in the Scope of Services in an amount not to exceed ($636,692.98).”
Section 4. Except as expressly modified or supplemented by this Seventh Amendment, all other provisions of the Agreement shall remain unaltered and in full force and effect. In the event of a conflict between the provisions of this Seventh Amendment and the provisions of the Agreement, the provisions of this Seventh Amendment shall control.
The Parties, through their respective authorized representatives, are signing this Seventh Amendment on the date stated in the introductory clause.
CITY OF NORWALK
a California municipal corporation
By:
Jesus M. Gomez
City Manager
Date:____________________________
ONWARD ENGINERING
a California Corporation
By:
Name: __________________________
Title: ___________________________
3 ATTEST:
By:
Theresa Devoy, CMC
City Clerk
APPROVED AS TO FORM:
By: _____________________________
Arnold M. Alvarez-Glasman
City Attorney
By:
Name: __________________________
Title: ___________________________