2004 AGN MAY 18 I11 - Laserfiche WebLink

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APPROVED E3Y CITY C UNCIL J Date S _ Item # THIRD AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF COLTON AND MICHAEL BRANDMAN ASSOCIATES FOR THE PACIFIC RAIL PROJECT THIS THIRD AMENDMENT TO THE CITY OF COLTON PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR THE PACIFIC RAIL PROJECT ("Third Amendment") is entered into this 18' day of May, 2004 between the City of Colton ("City"), a California municipal corporation, and Michael Brandman Associates a California corporation ("Consultant'). City and Consultant are sometimes herein referred to collectively as the "Parties." RECITALS WHEREAS, City and Consultant entered into that certain Professional Services Agreement for environmental review services on September 3, 2002 ("Original Contract") wherein the City granted Consultant a contract to perform environmental review services for the Pacific Rail Industries Metal Shredder Facility (the "Project"); and WHEREAS, the City has previously approved three minor budget augment revisions to the Original Contract to address additions to the scope of work including: (1) an augment authorized on December 18, 2002 in the amount of $954.00 to conduct an air toxics assessment; (2) an augment on January 13, 2003 in the amount of $5,645.00 for the commission of a Phase I Environmental Site Assessment; and (3) an augment on April 21, 2003 in the amount of $330.00, authorizing Consultant to perform air quality revisions to their environmental analysis required by the Project changes made by the applicant; and WHEREAS, on June 3, 2003, the City approved a First Amendment to the Original Contract which authorized a $46,034.00 budget augmentation to pay for Consultant costs to address changes in the scope of the Project and the environmental documents made by the Applicant, including the addition of transloading and additional storage activities proposed for the Project; and WHEREAS, on February 17, 2004, the City approved a Second Amendment to the Original Contract which authorized a $28,000.00 budget augmentation to pay for Consultant costs for work not included in the scope of work, including: (1) preparation and circulation of Second Administrative Draft EIR, (2) resolution of environmental issues, especially air quality and noise issues, which require investigation and consultation; (3) revisions to the air quality study; and (4) supplemental noise monitoring of existing noise levels at the Project boundaries; and RVPU \MXM\652695