HomeMy WebLinkAbout0011_3_HR Green - Amendment No 3 (2)AMENDMENT NO. 3
TO AGREEMENT FOR PROFESSIONAL SERVICES
HR GREEN CALIFORNIA, INC.
Engineering and Project Services
This Amendment No. 3 to Agreement for Professional Services (“Amendment No. 3”) is
made and entered into as of September 22, 2015 by and between the City of Lake Elsinore, a
municipal corporation (“City), and HR Green California, Inc., a California corporation
(“Consultant”).
RECITALS
A. The City and Consultant have entered into that certain Agreement for
Professional Services dated as of April 8, 2015 (the “Original Agreement”). Except as otherwise
defined herein, all capitalized terms used herein shall have the meanings set forth for such
terms in the Original Agreement.
B. The Original Agreement provided for compensation to Consultant in an amount
of Thirty Thousand dollars ($30,000).
C. Amendment No. 1 to the Original Agreement provided for compensation to
Consultant in an amount of One Hundred Twenty Thousand dollars ($120,000), for a total
contract amount of One Hundred Fifty Thousand dollars ($150,000).
D. Amendment No. 2 to the Original Agreement provided for compensation to
Consultant in an amount of Two Hundred Forty Two Thousand Eighty dollars ($242,080), for a
total contract amount of Three Hundred Ninety Two Thousand dollars ($392,080).
E. The parties now desire to increase the payment for such services as set forth in
this Amendment No 3.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth
herein, City and Consultant agree as follows:
1.Section 1, Scope of Services, of the Original Agreement is hereby amended to
add the following:
Consultant shall also perform the services as set forth in the Additional
Scope of Services, Exhibit A-2 attached to this Amendment No. 3.
Consultant shall provide such services at the time, place, and in the
manner specified in Exhibit A-2, subject to the direction of the City
through its staff that it may provide from time to time.
2.Section 3, Compensation, of the Original Agreement is hereby amended to read
in its entirety as follows:
Compensation to be paid to Consultant shall be in accordance with the
fees set forth in Consultants’ Proposal (Exhibit A to the Original
Agreement) and Consultant’s June 10, 2015 Proposal (Exhibit A-1 to
Amendment No. 2). In no event shall Consultant’s compensation related
1
to Exhibit A to the Original Agreement and Amendment No. 1 exceed
One Hundred Fifty Thousand dollars ($150,000) without additional written
authorization from the City.
In no event shall Consultant’s compensation related to Exhibit A-1 to the
Amendment No. 2 exceed Two Hundred Forty Two Thousand Eighty
dollars ($242,080) without additional written authorization from the City.
In no event shall Consultant’s compensation related to Exhibit A-2 to
Amendment No. 3 exceed Two Hundred Twenty Five Thousand dollars
($225,000) without additional written authorization from the City.
In no event shall Consultant’s total compensation exceed Six Hundred
Seventeen Thousand Eighty dollars ($617,080) without additional written
authorization from the City.
Notwithstanding any provision of Consultant’s Proposal, Consultant’s
June 10, 2015 Proposal and/or the Additional Scope of Services to the
contrary, out-of-pocket expenses shall be reimbursed at cost without an
inflator or administrative charge. Payment by City under this Agreement
shall not be deemed a waiver of defects, even if such defects were
known to the City at the time of payment.
4. Except for the changes specifically set forth herein, all other terms and conditions
of the Original Agreement shall remain in full force and effect.
[Signature on next page]
2
3
IN WITNESS WHEREOF, the parties have caused this Amendment No. 3 to be
executed on the respective dates set forth below.
“CITY”
CITY OF LAKE ELSINORE, a municipal
corporation
Grant Yates, City Manager
Date:
ATTEST:
City Clerk
APPROVED AS TO FORM:
City Attorney
“CONSULTANT”
HR Green California, Inc., a California
corporation
George A. Wentz, P.E., Vice President
Date:
Attachments: Exhibit A-2 – Additional Scope of Services
Exhibit B-1 – Original Agreement with Amendment Nos. 1 and 2
EXHIBIT A-2
EXHIBIT A-2
ADDITIONAL SCOPE OF SERVICE
[TO BE ATTACHED]
EXHIBIT B
EXHIBIT B-1
ORIGINAL AGREEMENT WITH AMENDMENT NOS. 1 AND 2
[ATTACHED]
EXHIBIT A-1
EXHIBIT A-1
CONSULTANT’S JUNE 10, 2015 PROPOSAL
[ATTACHED]
EXHIBIT B
EXHIBIT B
AMENDMENT NO. 1
[ATTACHED]
’
EXHIBIT C
EXHIBIT C
ORIGINAL AGREEMENT
[ATTACHED]