2005 AGN FEB 01 I03 - Laserfiche WebLink

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WHEREAS, on May 18, 2004, the City approved a Third Amendment to the Original Contract which authorized a $81,705.00 budget augmentation to pay for Consultant costs for work not included in the scope of work, including: (1) distribution, response to questions, and extension of the Draft EIR, (2) preparation of response to comments received on the Draft EIR, (2) staff time to attend an increase in meetings, (4) development of a more rigorous Mitigation Monitoring and Reporting Program (MMRP), (5) increase in Project management and coordination, and (6) an increase in Consultant's direct costs. WHEREAS, City and Consultant now desire to amend the Original Contract to authorize a $14,935.00 budget augmentation to pay for Consultant costs and work beyond that provided in the original Scope of Work and Budget. The additional costs address major increases to the scope of the project, including: (1) preparation of written comments on late comments received outside the office Public Review Period for the Draft EIR, (2) research and written comments by MBA sub -consultant technical experts, (3) meetings with MBA, its' sub -consultants, City staff and the City Attorneys, (5) attendance at City Council Meetings that considered the two appeals of the Planning Commission's approval of the Project and EIR, and (6) an increase in Consultant's direct costs. NOW, THEREFORE, the Parties agree as follows: AMENDMENTS Section 1. Amendment of Section 3. 1.1 of the Original Contract. Section 3. 1.1 of the Original Contract is hereby amended to read as follows: "3.1.1 General Scope of Services. Consultant promises and agrees to furnish to the City all labor, materials, tools, equipment, services, and incidental and customary work necessary to fully and adequately supply the professional environmental consulting services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A," Exhibit "A-1", Exhibit "A-2", Exhibit "A-3", and Exhibit "A-4" attached hereto and incorporated herein by reference. All Services shall be subject to, and performed in accordance with, this Agreement, the exhibits attached hereto and incorporated herein by reference, and all applicable local, state and federal laws, rules and regulations. Section 2. Amendment of Section 3.2.2 of the Original Contract. Section 3.2.2 of the Original Contract is hereby amended to read as follows: "3.2.2 Schedule of Services. Consultant shall perform the Services expeditiously, within the term of this Agreement, and in accordance with the Schedule of Services set forth in Exhibit "B," Exhibit `B-2," and Exhibit `B-3" attached hereto and incorporated herein by reference. Consultant represents that it has the professional and technical personnel required to perform the Services in conformance with such conditions. In order to facilitate Consultant's conformance with the Schedule, City shall respond to Consultant's submittals in a RVPUB\MXM\652695