FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
FOR “WATER RESOURCES BUILDING” PROJECT NO. 575-8125-XXXXX-93135 THIS FIRST AMENDMENT TO THE AGREEMENT (“FIRST AMENDMENT”) for professional civil engineering consultant services for “Water Resources Admin. & Op. Facility,” Project No. 575-8125-XXXXX-93135 is hereby entered into by and between the City of Pomona (the “CITY”) and EnSafe, Inc. (the “CONSULTANT”), referred to herein jointly as the “Parties.”
RECITALS
WHEREAS, on July 14, 2021, the City Manager approved the award of a professional civil engineering services contract to Ensafe (“Agreement”) for the site cleanup of City owned properties located at 198 N. Hamilton Boulevard for the Standard Urban Stormwater Mitigation Plan (SUSMP) and the grading plans as part of the “Water Resources Admin. & Op. Facility” Project No. 575-93135 in the amount of $67,860.00; and
WHEREAS, the CITY and Ensafe executed said Agreement, which is attached hereto (Attachment 1) and incorporated herein by this reference; and WHEREAS, the Parties desire to execute this FIRST AMENDMENT to increase the compensation by $78,432 and further amended the Agreement’s Exhibit “A” – Scope of Services to include additional tasks.
NOW, THEREFORE, the Parties hereby agree as follows:
1. Section 3.3.1 “Compensation” is hereby amended in its entirety to read as follows:
“3.3.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "B" attached hereto and incorporated herein by reference. The total compensation shall not exceed One Hundred Forty Six Thousand Two Hundred Ninety Two Dollars ($146,292) without the City’s prior written approval in the form of an amendment. without written approval of the City Council or City Manager as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement.”
2. The Scope of Services is hereby amended in its entirety as shown in Exhibit A-1, attached hereto and incorporated herein by this reference.
3. This FIRST AMENDMENT shall be effective as of March 21, 2022.
4. Except as stated herein, and as amended by the FIRST AMENDMENT, all other terms and conditions of the Agreement, shall remain in full force and effect.
IN WITNESS WHEREOF this FIRST AMENDMENT is signed by the Parties hereto on the date(s) indicated below.
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ATTACHMENT 1 (to Council Report)
SIGNATURE PAGE TO
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
FOR “WATER RESOURCES BUILDING” PROJECT NO. 575-8125-
XXXXX-93135
ATTEST: CITY OF POMONA
______________________________ By: ______________________________________ Rosalia Butler City Clerk James Makshanoff
City Clerk City Manager
Date: ________________________________
APPROVED AS TO FORM:
______________________________
Best Best & Krieger LLP
For City Attorney
ENSAFE, INC.
Signature: ________________________________
Daryl Hernandez, P.E.
Associate Principle
Date: ____________________________________