AMENDMENT NO. 3
TO AGREEMENT FOR CONTRACT SERVICES
THIS AMENDMENT NO. 3 TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Third Amendment”) is made by and between the CITY OF SIGNAL HILL (“City”) and AKM Consulting Engineers, a California corporation, (“Consultant”) shall be deemed to be effective as of the 12th day of July, 2022.
RECITALS
City and Consultant entered into that certain Agreement for Professional Services dated July 11, 2017, whereby Consultant agreed to provide on-call water engineering services for three-years through July 11, 2020, for the sum of $300,000 (“Agreement”).
City and Consultant amended the Agreement, Amendment No. 1, dated September 22, 2020, to extend the on-call services for an additional one-year period and to increase the consultant’s compensation by $100,000 for a total Contract Sum of $400,000.
City and Consultant amended the Agreement, Amendment No. 2, dated July 13th, 2021, to extend the on-call services for an additional one-year period and to increase the consultant’s compensation by $100,000 for a total Contract Sum of $500,000.
City and Consultant now desire to amend the Agreement in order to extend the term by one year and increase the total compensation by $100,000 under the Agreement, (“Third Amendment”).
TERMS
A. Contract Sum. Section 2.1 of the Agreement is hereby amended in its entirety to read as follows:
“Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the Agreement "Schedule of Fees" pursuant to Exhibit "C-1". The total compensation, including reimbursement for actual expenses, shall not exceed Six Hundred Thousand Dollars ($600,000) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.10 of the Agreement.” B. Term. Section 3.5 of the Agreement is hereby amended in its entirety to read as follows:
“The term of the Agreement shall be from July 11, 2017 to July 11, 2023, unless earlier terminated as provided in Article 7. Consultant shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines in the Agreement.” C. Schedule of Compensation. Section IV of Exhibit “C” is amended to read as follows:
“IV. The total compensation for the services shall not exceed $600,000 as provided in Section 2.1 of this Agreement.” D. Schedule of Performance. Section I of Exhibit “D” is amended to read as follows:
“I. Term. Unless earlier terminated in accordance with Article 7 herein, this Agreement shall continue in full force and effect for six (6) years commencing on July 11, 2017.” E. Continuing Effect of Agreement. Except as specifically set forth in this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment on the date and year first-above written.
CITY:
CITY OF SIGNAL HILL,
a municipal corporation
___________________________
Hannah Shin-Heydorn
City Manager
ATTEST:
___________________________
Carmen R. Brooks
City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
_______________________
Matthew E. Richardson
City Attorney CONSULTANT:
AKM CONSULTING, a California corporation
NOTE: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
NOTE: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
NOTE: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
NOTE: Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY.
By:_____________________________
Name:
Title:
By:_____________________________
Name:
Title:
Address: 553 Wald
Irvine, CA 92618
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