FIFTH AMENDMENT TO AGREEMENT FOR ON-CALL CONSTRUCTION
INSPECTION CONSULTING SERVICES BETWEEN THE
CITY OF SAN PABLO AND PARK ENGINEERING
THIS FIFTH AMENDMENT TO AGREEMENT FOR CONSTRUCTION
INSPECTION CONSULTING SERVICES is entered into this 4TH day of April, 2023, by and between the CITY OF SAN PABLO, a municipal corporation ("City") and Park Engineering (“Consultant”).
R E C I T A L S
WHEREAS, on July 1, 2019, CITY and Consultant entered into a New Agreement for On-Call Construction Inspection Consulting Services, with an annual fiscal cap of $25,000 dollars per year (“Agreement”); and
WHEREAS, on July 1, 2020, CITY and Consultant executed the First Amendment to the Agreement for On-Call Construction Inspection Consulting Services, extending the effective date and term through June 30, 2021, amending the scope of services to include COVID-19 requirements, and authorizing an additional $25,000 for Fiscal Year 2020/21, for a total compensation not to exceed $50,000; and
WHEREAS, on July 1, 2021, CITY and Consultant executed the Second Amendment to the Agreement for On-Call Construction Inspection Consulting Services, extending the effective date and term through June 30, 2022, amending the scope of services to include COVID-19 requirements, and notices to indicate the new address for the City; and
WHEREAS, on July 1, 2022, CITY and Consultant executed the Third Amendment to the Agreement for On-Call Construction Inspection Consulting Services, extending the effective date and term through June 30, 2023, amending the scope of services to include COVID-19 requirements, and authorizing an additional $25,000 for Fiscal Year 2022/23, for a total compensation not to exceed $75,000; and
WHEREAS, on October 3, 2022, CITY and Consultant executed the Fourth Amendment to the Agreement for On-Call Construction Inspection Consulting Services, amending the scope of services to include COVID-19 requirements, and authorizing an additional $32,000 for Fiscal Year 2022/23, for a total compensation not to exceed $107,000; and
WHEREAS, the parties have agreed to further modify the terms of that Agreement related to (1) Scope of Services, (2) Compensation, and (3) Effective Date and Term.
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. Section 1 of the Agreement, “Scope of Services,” is amended to include the following provision:
a. “COVID-19 Pandemic. All City of San Pablo programs and services must be in compliance with current health orders issued by Contra Costa County
City of San Pablo/Park Engineering
On-Call Construction Inspection Services Agreement
Amendment #5
Health Services at: https://www.coronavirus.cchealth.org/health-orders.
Consultant shall comply with these requirements and contact City staff immediately if there is any issue with compliance. In addition, the City requires all contractors/consultants providing services at City facilities or City worksites to comply with all City’s current COVID policies on-site as they may be amended from time to time.”
2. COMPENSATION. Section 2 of the Agreement, “Compensation,” is amended to include the following provision:
“CITY shall pay consultant up to an additional One Hundred Twenty-Two Thousand Seven Hundred Sixty Dollars ($122,760) for services rendered in Fiscal Year 2022/23, for total compensation not to exceed One Hundred Seventy-Nine Thousand Seven Hundred Sixty Dollars ($179,760) in Fiscal Year 2022/23, and total compensation under this contract as amended not to exceed Two Hundred Twenty-Nine Thousand Seven Hundred Sixty Dollars ($229,760).”
3. EFFECTIVE DATE AND TERM. Section 4 of the Agreement, “Effective Date and Term” is amended to include the following provisions:
“The terms of this Agreement, (“Term”) begins on the Effective Date set forth above, and expires on December 31, 2023. If the Term expires later than the end of the City’s fiscal year, the continuation of the Term into the next fiscal year will be contingent upon the City’s lawful encumbrance or appropriation of new funds for the Agreement.”
4. All other terms and conditi ons of the Agreement, as amended, shall remain in full force and effect.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Teresa L. Stricker, City Attorn ey Matt Rodriguez, City Manager
City of San Pablo/Park Engineering
On-Call Construction Inspection Services Agreement
Amendment #5
PARK ENGINEERING
By ___________________________________
Jaemin Park, President
ATTEST:
By _______________________________ Dated _________________________ Dorothy Gantt, City Clerk