FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
FOR “RESERVOIR ASSESSMENT AND REHABILITATION DESIGN”
PROJECT NO. 428-2590-XXXXX-95081
THIS FIRST AMENDMENT TO THE AGREEMENT (“FIRST AMENDMENT”) for professional civil engineering consultant services for “Reservoir Assessment and Rehabilitation Design,” Project No. 428-2590-XXXXX-95081 is hereby entered into by and between the City of Pomona (the “CITY”) and Civiltec Engineering, Inc. (the “CONSULTANT”), referred to herein jointly as the “Parties.”
RECITALS
WHEREAS, in August 28, 2018, CONSULTANT “Agreement” initiated the assessment and rehabilitation design project and executed the analysis work associated with phase one through phase four of our original scope of work; and WHEREAS, subsequent to executing the final component of the project, the City reviewed the results of the analysis and determined that the cost of the improvements were too great at the time. This generated a project progression delay of the project for five years. The City would like to finalize the project for the Reservoir 6 site; and WHEREAS, this first amendment proposes to complete the original phases of the project with the additional investigative work that must be completed; and WHEREAS, the CITY and CONSULTANT 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 which is attached hereto (Attachment 2) and incorporated herein by this reference, and which increased the total compensation by $63,200 and further amended the Agreement’s Exhibit “A” – Scope of Services to include additional tasks outlined in Addendum 1 Attachment “2”; and NOW, THEREFORE, the Parties hereby agree as follows:
Compensation paid by the CITY to the CONSULTANT pursuant to Section 5 of the Agreement, as amended by the ADDENDUM 1 referenced above, shall be increased by $63,200, and the total compensation shall not exceed $172,730 without the City’s prior written approval in the form of an amendment.
This FIRST AMENDMENT shall be effective as of November 6, 2023.
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. [SIGNATURES ON NEXT PAGE]
SIGNATURE PAGE TO
FIRST AMENDMENT TO AGREEMENT FOR CONSULTANT SERVICES
FOR “RESERVOIR ASSESSMENT AND REHABILITATION DESIGN” PROJECT NO. 428-2590-XXXXX-95081 ATTEST: CITY OF POMONA
______________________________ By: ______________________________________ Rosalia Butler City Clerk James Makshanoff
City Clerk City Manager
Date: ________________________________
APPROVED AS TO FORM:
______________________________ CIVILTEC, INC.
Best Best & Krieger LLP
City Attorney
Signature: ________________________________
C. Shem Hawes, P.E.
Principal, Senior Engineer
Date: ____________________________________
ATTACHMENT NO 1