FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
WITH ONWARD ENGINEERING
(MT. VERNON STORM DRAIN PROJECT)
This First Amendment to the Professional Services Agreement is made and
RECITALS
A. WHEREAS, the City and the Consultant have entered into an agreement, dated May 5, 2021, for the purpose of providing professional services for the Mt. Vernon Storm Drain project (the "Master Agreement").
B. WHEREAS, the Parties now desire to amend the Master Agreement in order to extend the term of the Master Agreement for an additional term of one year, and to include additional funds for the continued performance of the services in accordance with the compensation provisions of the Master Agreement.
NOW, THEREFORE, in consideration of the above recitals and the mutual covenants, conditions, and promises contained in this Amendment No.1 and the Master Agreement, the Parties mutually agree as follows:
AGREEMENT
1. Incorporation of Recitals. The recitals listed above are true and correct and are hereby incorporated herein by this reference.
2 Term. The term of the Master Agreement shall commence on the Effective Date (May 5, 2021) and continue through the completion of services as set forth in Exhibit "A" or until December 30, 2024, whichever occurs earlier, unless the Agreement is previously terminated as provided for herein ("Term").
3. Compensation. The total not to exceed compensation amount shall be increased by Nineteen Thousand Six Hundred Twelve Dollars and Fifty Cents ($19,612.50) increasing the total not to exceed compensation amount from One Hundred Forty-four Thousand Nine Hundred Twenty-Seven Dollars ($144,927.00) to One Hundred Sixty-Four Thousand Five Hundred Thirty-Nine Dollars and Fifty Cents ($164,539.50).
Work shall be performed at the rates set forth in the Master Agreement.
4. Full Force. Except as amended by this Amendment No. 1, all provisions of the Master Agreement, including without limitation the indemnity and insurance provisions, shall remain in full force and effect and shall govern the actions of the Parties under this Amendment No. 1.
Electronic Transmission. A manually signed copy of this Amendment No. 1 which is transmitted by facsimile, email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this Amendment No.1 for all purposes. This Amendment No.1 may be signed using an electronic signature.
6. Counterparts. This Amendment No. 1 may be signed in counterparts, each of which shall constitute an original.
[SIGNATURES ON FOLLOWING PAGEJ
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SIGNATURE PAGE FOR
FIRST AMENDMENT TO
PROFESSIONAL SERVICES AGREEMENT
ONWARD ENGINEERING
(MT. VERNON STORM DRAIN PROJECT)
IN WITNESS WHEREOF, the Parties hereto have executed this Amendment No. 1 on the Effective Date first herein above written.
CITY OF SAN BERNARDINO CONSULTANT
APPROVED BY: ONWARD ENGINEERING
Charles A. Montoya
City Manager
Signature
APPROVED AS TO FORM:
Name
Best Best & Krieger LLP
City Attorney Title
EXHIBIT A
ADDITIONAL SCOPE OF SERVICES
(ATTACHED)