AMENDMENT NO. 5
TO AGREEMENT FOR PROFESSIONAL SERVICES
THIS AMENDMENT NO. 5 TO THE AGREEMENT FOR PROFESSIONAL SERVICES (“Fifth Amendment”) is made by and between the CITY OF SIGNAL HILL (“City”) and MICHAEL BAKER INTERNATIONAL, INC, a Pennsylvania corporation (“Contractor”) shall be deemed to be effective as of the 14th day of February, 2023.
RECITALS
City and Contractor 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 Contractor amended the Agreement, Amendment No. 1, dated September 22nd, 2020, to extend the on-call services for an additional one-year period and to increase the contractor’s compensation by $100,000 for a total Contract Sum of $400,000.
City and Contractor 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 contractor’s compensation by $100,000 for a total Contract Sum of $500,000.
City and Contractor amended the Agreement, Amendment No. 3, dated February 8, 2022, to include water engineering services for 33rd Street Water Main Replacement Project and increase the contractor’s compensation by $266,720 for a Contract Sum of $766,720.
City and Contractor amended the Agreement, Amendment No. 4, dated July 12, 2022, to extend the on-call services for an additional six-month period and increase the contractor’s compensation by $100,000, for a total Contract Sum of $866,720.
City and Contractor now desire to amend the Agreement in order to extend the term of the agreement to accommodate completion of water engineering services for 33rd Street Water Main Replacement Project.
TERMS
A. 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 December 31st, 2023, unless earlier terminated as provided in Article 7. Contractor shall complete the services within the term of this Agreement and shall meet any other established schedules and deadlines in the Agreement.” B. Continuing Effect of Agreement. Except as specifically set forth in this Fifth 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 Fifth Amendment on the date and year first-above written.
CITY:
CITY OF SIGNAL HILL,
a municipal corporation
___________________________
Carlo Tomaino
City Manager
ATTEST:
___________________________
Carmen R. Brooks
City Clerk
APPROVED AS TO FORM:
BEST BEST & KRIEGER LLP
_______________________
Matthew E. Richardson
City Attorney CONTRACTOR:
MICHAEL BAKER INTERNATIONAL
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: 5 Hutton Drive, Suite 500
Santa Ana, CA 92707
55728.00400\40295629.1
55728.00400\40295629.1
55728.00400\40295629.1
55728.00400\40295629.1