executed agreement - Michael Brandman Associates 2nd amendment $23,780

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APPROVED BY CITYC U CIL Date 0(p Item SECOND AMENDMENT TO THE CITY OF COLTON PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR THE PACIFIC RAIL INDUSTRIES PROJECT REVISED DRAFT ENVIRONMENTAL IMPACT REPORT THIS SECOND AMENDMENT TO THE CITY OF COLTON PROFESSIONAL SERVICES AGREEMENT WITH MICHAEL BRANDMAN ASSOCIATES FOR THE PACIFIC RAIL INDUSTRIES PROJECT REVISED DRAFT ENVIRONMENTAL IMPACT REPORT ("Second Amendment") is entered into this 7th day of November, 2006 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 November 1, 2005 ("Original Contract") wherein the City granted Consultant a contract to perform environmental review services for the Pacific Rail Industries Metal Shredder Facility; and WHEREAS, the City has previously approved a First Amendment to the Agreement to address additions to the scope of work on May 16, 2006 in the amount of $27,000.00 to address a Revised Traffic Study, a 2nd and 3rd Screencheck Draft EIR, and additional sub -consultant work for the Project; and WHEREAS, City and Consultant desire to amend the Original Contract to authorize a $23,780.00 Second budget augmentation to pay for Consultant costs to address changes in the scope of the project which include Additional Services—Traffic Study, Expanded Responses to Comments/Final Recirculated EIR, and Additional Project Management/Coordination Expenses for the Project; and 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 RVPUB\MXM\652695