FIRST AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF SUNNYVALE AND HYDROSCIENCE ENGINEERS, INC. FOR
ON-CALL CONTRACTS FOR ENGINEERING SUPPORT SERVICES FOR
THE WATER POLLUTION CONTROL PLANT
This First Amendment to the Agreement, dated ____________, is entered into by and between the CITY OF SUNNYVALE, a California chartered municipal corporation (“CITY”), and HYDROSCIENCE ENGINEERS, INC., a California stock corporation ("CONSULTANT").
WHEREAS, on June 6, 2022 , the CITY and CONSULTANT entered into a Consultant Services Agreement whereby CONSULTANT would provide professional services necessary for investigation, analysis, design, preparation of construction drawings and contract specifications, consultation, services during construction and other services for a project known as On -Call Contracts for Engineering Support Service s for the Water Pollution Control Plant (F22 -060) (“Agreement”); and
WHEREAS, the CITY and CONSULTANT now desire to amend the Agreement to extend the term by one year, update the compensation schedule and increase the maximum compensation, due to anticipated additional need for services;
NOW, THEREFORE, THE CITY AND CONSULTANT ENTER INTO THIS FIRST AMENDMENT TO THE AGREEEMENT:
1. Section 3 entitled “Time for Performance” is hereby amended to read as follows:
3. Time for Performance
The Project Schedule is set forth as an on -call basis. The term of this Agreement shall be four (4) years, from June 6, 2022 through June 5, 2026, unless earlier terminated pursuant to Section 24 of this Agreement . The Agreement may be renewed for an additional one (1) year renewal at the sole option of the CITY. CONSULTANT shall deliver the agreed upon services to CITY as specified in Exhibit "A”.
2. Section 4 entitled “Payment of Fees and Expenses” is hereby amended, in part, to read as follows:
[Replace first paragraph of Section 4 with the following]:
Payments shall be made to CONSULTANT on a monthly basis as set forth in the attached Exhibit “B” and “B-1” entitled “Compensation Schedule.” All compensation will be based on monthly billings as provided in Exhibit "B" and “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 “B -1.” In no event shall the total amount of compensation payable under this Agreement exceed the sum of Four Hundred Attachment 2
Fifty Thousand and 00/100 Dollars ($450,000.00). All invoices, including detailed backup, shall be sent to City of Sunnyvale, attention Accounts Payable, P.O. Box 3707, Sunnyvale, CA 94088-3707.
3. All other terms and conditions of the Agreement remain unchanged and are in effect.
4. Exhibit “B-1”, attached hereto and incorporated herein, is added to the Agreement.
IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement.
CITY OF SUNNYVALE ("CITY") HYDROSCIENCE ENGINEERS INC.
(“CONSULTANT”)
By _____________________________ By _____________________________ City Manager
________________________________
ATTEST: Name and Title
By ___________________________ By _____________________________ City Clerk
________________________________
APPROVED AS TO FORM: Name and Title
By ___________________________
City Attorney
Attachment 2
LABOR CLASSIFICATION HOURL Y RATE
Principal $330
Engineer IX $319
Engineer VIII $308
Engineer VII $293
Engineer VI $280
Engineer V $269
Engineer IV $258
Engineer III $240
Engineer II $228
Engineer I $208
Engineering Aide $120
Construction Professional VI $220
Construction Professional V $210
Construction Professional IV $200
Construction Professional III $190
Construction Professional II $170
Construction Professional I $160
Cross Connection Control Specialist $145
CAD Manager $179
CAD Designer I $155
Marketing Professional $130
Administrative II $120
Administrative $105
HYDROSCIENCE ENGINEERS, INC.
2026 Standard Schedule of Billing Rates
Rates are subject to increase annually on January 1
of each calendar year.
Hourly billing rates include postage and telephone charges that are normal to the work authorized. Other direct costs for travel, reproduction, mail service, outside services, etc. will be invoiced at 110 percent of the actual cost. Rates for expert witness services shall be billed at the quoted rates plus $50/hour.
Exhibit B-1
Compensation Schedule
Attachment 2