FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES
Project No. 0907 / Agreement No. 2
THIS FIRST AMENDMENT TO AGREEMENT FOR CONSULTING SERVICES, Project Number 0907, is effective this 19th day of March, 2024, by and between the CITY OF SAN PABLO, a municipal corporation ("City") and BROWN AND CALDWELL, a California corporation, (“Consultant”).
R E C I T A L S
WHEREAS, on June 6, 2023, CITY and Consultant entered into an Agreement for professional services to update the City’s C.10 Trash Load Reduction Compliance Plan to ensure full compliance with the National Pollutant Discharge Elimination System (NPDES) permit’s C.10 requirements and to assist in the implementation of the updated plan (“Agreement”); and
WHEREAS, the parties have agreed to modify the terms of that Agreement related to Sections 1 and 3, “Scope of Services,” and Section 2, “Compensation”;
NOW, THEREFORE, THE PARTIES DO MUTUALLY AGREE AS FOLLOWS:
1. SCOPE OF SERVICES. Pursuant to Section 3 of the Agreement, entitled “Additional Services,” certain Additional Services shall be added to the “Scope of Services” identified in Section 1 of the Agreement. Section 1, “Scope of Services” is hereby amended to add the following provision:
“Consultant agrees to provide to the City the Additional Services as specified in Consultant’s Amendment Proposal dated March 5, 2024, attached hereto as Exhibit C and incorporated herein. In the event of any conflict or inconsistency between any of the terms of the Exhibits and the Agreement as amended, the terms most favorable to the City shall prevail.”
2. COMPENSATION. Section (2) of the Agreement, “Compensation” is amended to include the following provision:
“As compensation for successful completion of the Additional Services described in Consultant’s Amendment Proposal attached as Exhibit C, CITY shall pay Consultant an additional amount not to exceed Twenty-Eight Thousand Four Hundred Fifty-Eight Dollars ($28,458), for a total compensation under this Agreement as amended not to exceed One Hundred Thirty Thousand Six Hundred Twelve Dollars ($130,612).“
City of San Pablo/Brown and Caldwell
Consultant Agreement No. 2 / Project No. 0907
Amendment #1
3. All other terms and conditions of the Agreement shall remain in full force and effect.
APPROVED AS TO FORM: CITY OF SAN PABLO
A Municipal Corporation
By _______________________________ By ___________________________________ Brian P. Hickey, City Attorney Matt Rodriguez, City Manager
Dated _________________________________
BROWN AND CALDWELL
By ___________________________________
Mike Flake, Vice President
Dated _________________________________
ATTEST:
By _______________________________ Dated _________________________________ Dorothy Gantt, City Clerk
Attachments
Exhibit C: Consultant’s Amendment Proposal dated March 5, 2024
City of San Pablo/Brown and Caldwell
Consultant Agreement No. 2 / Project No. 0907
Amendment #1
Exhibit C
Consultant’s Amendment Proposal