FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN CITY OF SUNNYVALE AND ASCENT ENVIRONMENTAL INC. FOR PROFESSIONAL SERVICES ASSISTANCE FOR THE PREPARATION OF THE CITY OF SUNNYVALE’S VILLAGE
CENTER MASTER PLAN
This First Amendment to Consultant Services Agreement dated _________________, is by and between the CITY OF SUNNYVALE ("CITY"), a California chartered municipal corporation for the state of California, and ASCENT ENVIRONMENTAL INC. ("CONSULTANT").
WHEREAS, on November 1, 2021, CITY and CONSULTANT entered into a Consultant Services Agreement whereby CONSULTANT would provide professional services necessary for assistance for the preparation of the City of Sunnyvale’s project known as the Village Center Master Plan; and
WHEREAS, the CITY and CONSULTANT now agree that an Amendment to said Agreement is advisable;
NOW, THEREFORE, THE CITY AND AGENCY ENTER INTO THIS FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT:
1. Section # 2 entitled “Services by CONSULTANT ” is hereby amended, to read as follows CONSULTANT shall provide additional services in accordance with Exhibit "A” and Exhibit “A-1” entitled “Scope of Work”, CONSULTANT shall determine the method, details, and means of performing the services. It is understood and agreed that tools, equipment, apparatus, facilities, labor, transportation, and material shall be furnished, and work performed and completed as required in the bid documents under the sole direction and control of the CONSULTANT, and subject to approval of the City.
2. Section # 4 entitled “Payment of Fees and Expenses” is hereby amended, to read as follows:
Payments shall be made to CONSULTANT on a monthly basis as set forth in the attached Exhibit “B” and Exhibit “B-1” entitled “Compensation Schedule.” All compensation will be based on monthly billings as provided in Exhibit "B." and Exhibit B-1 Compensation will not be due until said detailed billing is submitted to CITY within a reasonable time before payment is expected to allow for normal CITY processing. An estimate of the percent of total completion associated with the various categories of the services shall be furnished by CONSULTANT with said billing. When applicable, copies of pertinent financial records will be included with the submission of billing(s) for all direct reimbursables. Compensation shall not exceed the amounts set forth in Exhibit “B” and Exhibit B-1 for each phase. The amount of compensation payable under this agreement shall not exceed the sum of Three Hundred Forty Four Thousand Nine Hundred Forty Five Dollars and 00/100 Dollars ($344,945.00)
unless upon written modification of this Agreement. All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088- 3707.
CONSULTANT will be reimbursed as promptly as fiscal procedures will permit upon receipt by the CITY of itemized invoices in triplicate. Invoices shall be submitted no later than 45 calendar Attachment 1
days after the performance of work for which CONSULTANT is billing. Invoices shall detail the work performed on each milestone and each project as applicable. Invoices shall follow the format stipulated in the Compensa tion Schedule and shall reference the project title. The final invoice must contain the final cost and all credits due City. The final invoice should be submitted within 60 calendar days after completion of CONSULTANT’s work.
All other terms and conditions remain unchanged and are in effect.
IN WITNESS WHEREOF, the parties have executed this Agreement Amendment.
CITY OF SUNNYVALE ("CITY") ASCENT ENVIRONMENTAL INC. ("CONSULTANT")
By _____________________________ By _____________________________ City Manager
________________________________
Name and Title
ATTEST:
By _____________________________
By ___________________________
City Clerk ________________________________
Name and Title
APPROVED AS TO FORM:
By ___________________________
City Attorney
Attachment 1
Sunnyvale Village Center Master Plan
Add-Service #1
A-1
Sco
pe of Work
This ad
d-service supplements the budget for the Sunnyvale Village Center Master Plan project, to cover additional effort related to Project Public Outreach (Task 4), Meetings and Management (Task 12), and a contingency for additional as-needed support.
Task 4: Public Outreach. Additional / higher level of effort for the preparation of more detailed workshop materials and workshop summaries, due to the number of village centers involved, the need for community-specific feedback, and the high level of interest and participation.
Task 12: Meetings and Management. Additional effort to cover a longer project duration, adding approximately 6-12 months to the schedule.
Contingency. Additional effort for additional as-needed support, including the potential for an additional workshop, stakeholder meetings, and/or coordination, to be determined based on workshop feedback.
Attachment 1
Sunnyvale Village Center Master Plan
Add-Service Request #1
Exhibit B-1
Cost Proposal
Task Budget
Task 4: Public Outreach $50,000
Task 12: Meetings and
Management
$15,000
Contingency $30,000
Total Amendment $95,000
Existing Budget $249,945
New Budget $344,945
Attachment 1