ATTACHMENT 3
[SIGNATURE PAGE FOLLOWS]
SIXTH AMENDMENT TO
AGREEMENT FOR PROFESSIONAL SERVICES
This Sixth Amendment to the Agreement for Professional Services (“Fourth 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 Willdan Engineering (“Consultant”) (collectively referred to as “Parties”) dated March 17, 2022 (“Agreement”).
R E C I T A L S
A. On March 17, 2022, the Parties entered into an Agreement for Professional Services to provide Design Services for Local Streets Rehabilitation Program - Phase 2, Zone 8, City Project No. 7928, in the amount of $220,000.
B. On September 7, 2022, the Parties entered into a First Amendment to the Original Agreement for Professional Services to increase the maximum compensation and add additional services for City Project No. 7929, in the amount of $93,208.
C. On August 11, 2023, the Parties entered into a Second Amendment to the Original Agreement for Professional Services to increase the maximum compensation and add additional design services for City Project No. 7928, in the amount of $10,500.
D. On September 8, 2023, the Parties entered into a Third Amendment to the Original Agreement for Professional Services to increase the maximum compensation and add additional services for City Project No. 7929.2, in the amount of $93,208.
E. On December 20, 2023, the Parties entered into a Fourth Amendment to the Original Agreement for Professional Services to increase the maximum compensation and add additional services for City Project No. 7929.2, in the amount of $37,497.
F. On September 18, 2023, the Parties entered into a Fifth Amendment to the Original Agreement for Professional Services to increase the maximum compensation and add additional services for City Project No. 7929.2, in the amount of $20,580
G. Pursuant to Sections 3.1 and 3.3 of the Agreement, the Parties desire to amend the Agreement to increase the maximum compensation and add additional services in accordance with Consultant’s proposal attached hereto as Exhibit A-5 for City Project No. 7920, which is hereby incorporated by reference into the Agreement.
Now, therefore, and for good consideration, the Parties agree to modify the Agreement as follows:
2 Section 1.Section 1.1, “Scope of Services”, is hereby amended in its entirety to read as follows:
“1.1 Scope of Services. Consultant shall provide the professional services, as more particularly described in Exhibit A, Exhibit A-1, Exhibit A-2, Exhibit A- 3, Exhibit A-4, and Exhibit A-5 (“Services”).”
Section 2. Section 3, “Compensation”, is hereby amended in its entirety to read as follows:
“3.1.1 Compensation. As compensation for Consultant’s Design Services and to provide Construction Management and Inspection Services for Project No. 7920.1, City shall pay Consultant an additional sum not-to-exceed One Hundred Thirty Thousand Seven Hundred Five Dollars ($130,705.00) (the “additional compensation”), resulting in a total Compensation not-to-exceed $454,413.00. In no event shall the Consultant be paid more than the additional compensation (which includes expenses and additional services, if any) during the term of this Agreement.”
Section 3.Except as expressly modified or supplemented by this Fourth 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 Fourth Amendment and the provisions of the Agreement, the provisions of this Fourth Amendment shall control.
The Parties, through their respective authorized representatives, are signing this Fourth 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:
WILLDAN ENGINEERING
a California Corporation
By:
Name: __________________________
Title: ___________________________
By:
Name: __________________________
2 Theresa Devoy, CMC
City Clerk
APPROVED AS TO FORM:
By: _____________________________
Arnold M. Alvarez-Glasman
City Attorney
Title: ___________________________