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APPROVED BY <br />CITY ID UNl GI 1 <br />Date <br />Item <br />SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT <br />BETWEEN THE CITY OF COLTON <br />AND <br />MICHAEL BRANDMAN ASSOCIATES <br />FOR THE <br />PACIFIC RAIL PROJECT <br />THIS SECOND AMENDMENT TO THE CITY OF COLTON PROFESSIONAL <br />SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR THE <br />PACIFIC RAIL PROJECT ("Second Amendment") is entered into this 17th day of February, <br />2004 between the City of Colton ("City"), a California municipal corporation, and Michael <br />Brandman Associates a California corporation ("Consultant"). City and Consultant are <br />sometimes herein referred to collectively as the "Parties." <br />RECITALS <br />WHEREAS, City and Consultant entered into that certain Professional Services <br />Agreement for environmental review services on September 3, 2002 ("Original Contract") <br />wherein the City granted Consultant a contract to perform environmental review services for the <br />Pacific Rail Metal Shredder Facility (the "Project"); and <br />WHEREAS, the City has previously approved three minor budget augment revisions to <br />the Original Contract to address additions to the scope of work including: (1) an augment <br />authorized on December 19, 2002 in the amount of $954.00 to conduct an air toxics assessment; <br />(2) an augment on January 13, 2003 in the amount of $5,645.00 for the commission of a Phase I <br />Environmental Site Assessment; and (3) an augment on April 21, 2003 in the amount of $330.00, <br />authorizing Consultant to perform air quality revisions to their environmental analysis required <br />by the Project changes made by the applicant; and <br />WHEREAS, on June 3, 2003, the City approved a First Amendment to the Original <br />Contract which authorized a $46,034.00 budget augmentation to pay for Consultant costs to <br />address changes in the scope of the Project and the environmental documents made by the <br />Applicant, including the addition of transloading and additional storage activities proposed for <br />the Project; and <br />WHEREAS, City and Consultant now desire to amend the Original Contract to authorize <br />a $28,000.00 budget augmentation to pay for Consultant costs for work not included in the <br />existing scope of work, including: (1) preparation and circulation of a Second Administrative <br />Draft EIR, (2) resolution of environmental issues, especially air quality and noise issues, which <br />require investigation and consultation; (3) revisions to the air quality study; and (4) supplemental <br />noise monitoring of existing noise levels at the Project boundaries. <br />NOW, THEREFORE, the Parties agree as follows: <br />1 <br />