Attachment 4
1 SECOND AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
This Second Amendment to Agreement for Professional Services (“Second 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 Rincon Consultants, Inc., a California corporation (“Consultant”) (collectively referred to as “Parties”) dated October 16, 2023 (“Agreement”).
R E C I T A L S
A. On October 16, 2023, the Parties entered into an Agreement for Professional Services to provide professional Environmental Site Assessment Services for Hermosillo Park Rehabilitation, Stormwater Capture and Infiltration Project.
B. On February 15, 2024, the Parties entered into the First Amendment to the Agreement (“First Amendment”) to provide additional services for Project No. 7607 and increase the compensation related to those additional services.
C. Pursuant to Sections 3.3, and 21 of the Agreement, the Parties desire to amend the Agreement once more to modify the Scope of Services and corresponding maximum compensation pursuant to the Consultant’s proposal dated December 15, 2023, attached hereto as Exhibit A-1, which is hereby incorporated by reference into the Agreement.
Now, therefore, and for good consideration, the Parties agree to modify the Agreement as follows:
Section 1.Section 1.1 of the Agreement is amended to read in its entirety as follows:
“Scope of Services. Consultant shall provide the professional services, as more particularly described in Exhibit A of the Agreement and Exhibit A-1 (“Services”).” Section 2.Section 3.1 of the Agreement is amended to read in its entirety as follows:
“Compensation. As full compensation for Consultant’s Services provided under the Agreement, City shall pay Consultant a sum not-to-exceed Forty-Three Thousand Six Hundred Thirty Five Dollars ($43,635) (the “maximum compensation”), based on the rates set forth in the fee schedule, attached hereto as Exhibit A-1. In no event shall Consultant be paid more than the maximum compensation (which includes expenses and additional services, if any) during the term of this Agreement and any applicable amendment thereto.”
2 Section 3.Except as expressly modified or supplemented by this Second 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 Second Amendment and the provisions of the Agreement, the provisions of this Second Amendment shall control.
[SIGNATURE PAGE FOLLOWS]
3 The Parties, through their respective authorized representatives, are signing this Second Amendment on the date stated in the introductory clause.
CITY OF NORWALK
a California municipal corporation
By:
Jesus M. Gomez
City Manager
Date:____________________________
ATTEST:
By:
Theresa Devoy, CMC
City Clerk
APPROVED AS TO FORM:
By: _____________________________
Arnold M. Alvarez-Glasman
City Attorney
RINCON CONSULTANTS, INC.
a California Corporation
By:
Name: __________________________
Title: ___________________________
By:
Name: __________________________
Title: ___________________________