HomeMy WebLinkAbout2nd Amendment Contract1518802.1
SECOND AMENDMENT TO CONSULTANT SERVICES AGREEMENT WITH
ENVIRONMENTAL SCIENCE ASSOCIATES FOR
ENVIRONMENTAL CONSULTING SERVICES
This Second Amendment to Consultant Services Agreement (“Second Amendment”)
is executed as of February 1, 2022, by and between the City of Diamond Bar, a municipal
corporation (“City”), and Environmental Science Associates, a California corporation (herein
referred to as the “Consultant”) with reference to the following:
A. The City and the Consultant entered into that certain Consultant Services
Agreement dated as of April 7, 2020, which is incorporated herein by this reference (the
“Original Agreement”); and
B. The City and the Consultant entered into that certain First Amendment dated
as of September 22, 2020, which is incorporated herein by this reference (“First
Amendment”), which First Amendment and Original Agreement collectively are referred to
herein as the “Agreement.”
NOW, THEREFORE, the parties hereby agree as follows:
1. Defined Terms. Except as otherwise defined herein, all capitalized terms used
herein shall have the meanings set forth for such terms in the Agreement.
2. Revised Scope of Services. The Scope of Services to the First Amendment
is hereby amended, modified and supplemented to include the services described on Exhibit
"A" attached hereto and incorporated herein by this reference.
3. Compensation. The total not-to-exceed compensation set forth in Section 3
of the First Amendment was the sum of One Hundred Forty-Seven Thousand Five Hundred
Sixty Dollars ($147,560) for the preparation of a Mitigated Negative Declaration. Section 3
of the First Amendment is hereby amended to provide for an increase of Forty-Three
Thousand Four Hundred Twenty Dollars ($43,420) so that the total not-to-exceed
compensation, as amended by this Second Amendment, shall not exceed One Hundred
Ninety Thousand Nine Hundred Eighty Dollars ($190,980) without the prior authorization of
the City.
4. Integration. This Second Amendment and all attachments hereto (if any)
integrate all of the terms and conditions mentioned herein, and supersede all negotiations
with respect hereto. This Second Amendment amends, as set forth herein, the Original
Agreement and except as specifically amended hereby, the Original Agreement shall remain
in full force and effect. To the extent that there is any conflict or inconsistency between the
terms and provisions of this Second Amendment and the terms and provisions of the Original
Agreement, the terms and provisions of this Second Amendment shall control.
IN WITNESS hereof, the parties enter into this Second Amendment on the year and
day as first set forth above.
1518802.1
"Consultant""City"
Environmental Science Associates CITY OF DIAMOND BAR
By:______By: ____
Ruta Thomas, Senior Vice President Dan Fox, City Manager
ATTEST:
____
Kristina Santana, City Clerk
Approved as to form:
By:____
David DeBerry, City Attorney
*NOTE:If Consultant is a corporation, the City requires the following signature(s):
--(1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the
Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only
one corporate officer exists or one corporate officer holds more than one corporate office,
please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the
execution of the Agreement, must be provided to the City.
Daniel Fox
Digitally signed by Daniel Fox
DN: cn=Daniel Fox, o, ou,
email=dfox@diamondbarca.gov,
c=US
Date: 2022.02.02 08:31:23 -08'00'
Exhibit A – Scope of Work
16755 Von Karman Avenue
Suite 200
Irvine, CA 92606
949.753.7001 phone
949.753.7002 fax
esassoc.com
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Exhibit B – 1st Amendment CSA