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Home My Public Portal AboutAgreement_2013-12-17_Ninyo & Moore Geotechnical and Environmental Science Consultant_1st Amendment (limited phase 2)FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT by and between the CITY OF TEMPLE CITY and NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANT RN #4840-1328-2571 vi FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT This First Amendment to CONSULTANT SERVICES AGREEMENT ("First Amendment"), which is dated for reference as indicated on the cover page, is hereby entered into by and between the CITY OF TEMPLE CITY, a California charter city ("City"), and NINYO & MOORE GEOTECHNICAL AND ENVIRONMENTAL SCIENCES CONSULTANT, an "S" Corporation ("Consultant"), as follows: RECITALS A. City and Consultant entered in a CONSULTANT SERVICES AGREEMENT on October 28, 2013 ("Agreement"). The Agreement provides that Consultant will perform Environmental Site Assessment work for the property located at 5922 Primrose Avenue, Temple City, CA 91780, B. Section 4 Subsecrion "A" of the Agreement provides the "Compensation and Method of Payment." C. This First Amendment amends Section 4 Subsection "A" to provide that the total compensation including reimbursement for actual expenses, shall not to exceed amount, unless additional compensation is approved in writing by the City Council or City Manager. D. Exhibit "A" "Scope of Services" of the Agreement provides the Scope of Services. E. This First Amendment amends Exhibit "A" "Scope of Services" to provide that Consultant agrees to perform the services set forth. F. Exhibit "B" "Compensation" of the Agreement provides the rates to complete the services. G. This First Amendment amends Exhibit "B" "Compensation" to include lump sum fee for Consultant to perform Limited Phase II Environmental Site Assessment services set forth in Exhibit "A" "Scope of Services" of the Agreement. OPERATIVE PROVISIONS NOW, THEREFORE, in consideration of the promises made and recited herein, the parties do hereby enter into this First Amendment which modifies and amends the Agreement as follows: I. AMENDMENT OF SECTION 4 SUBSECTION "A". Section 4 Subsection "A" of the Agreement is hereby modified and amended as follows: (a) Subject to any limitations set forth in this Agreement, City agr ees to pay Consultant the amounts specified in Exhibit "B" "Compensation" and made a part of this Agreement. The total compensation, including reimbursement for actual expenses, shall not exceed twenty - RN #4840-1328-2571 vl -2- two thousand, nine hundred seventy five dollars ($22,975), unless additional compensation is approved in writing by the City Council or City Manager. 2. AMENDMENT OF EXHIBIT "A" "SCOPE OF SERVICES". Exhibit "A" "Scope of Services" of the Agreement is hereby modified and amended to include an additional scope of services for Limited Phase II Environmental Site Assessment services to read as follows: SCOPE OF SERVICES The environmental scope of services at the site will consist of the following tasks: • Coordination, Planning, and Preparation of a Health and Safety Plan — Coordination, planning, and a site-specific health and safety plan, which will address worker safety as well as the safety of the general public, will be prepared. Underground Service Alert will be contacted to mark the locations of underground utilities. • Subsurface Evaluation —The following tasks will be performed during the subsurface evaluation: o Soil Borings — Up to eight hand angered soil borings are proposed to be angered up 2.5 approximately feet bgs. Four borings will be advanced in the vicinity of each site structure. The locations are presented on the attached figure but may be adjusted based on field observations. The locations adjacent to the garage structure will be concrete cored. Soil samples will be collected at the surface and at approximately 2.5 feet bgs. o After Sampling —The boring locations around the apartment building will be backfilled with the soil cuttings to their original grade. The borings around the garage structure will be backfilled with the soil cuttings and patched with concrete to their original grade. o Waste —Soil cuttings and wastewater will be used as backfill. o Laboratory Analyses —Selected soil samples will be analyzed for OCPs, and arsenic and lead by the United States Environmental Protection Agency Methods 8081A and 601013, respectively. The surface samples from the borings will be analyzed (8 samples). The 2.546ot bgs samples will be held pending the result of the surface samples. Sample analyses will be performed by an Environmental Laboratory Accreditation Program certified analytical testing laboratory. Samples will be analyzed using a 48-hour turnaround time. o Report Preparation — A report documenting our field methodologies and findings for the site will be prepared. The report will include presentation of analytical results in tabular and graphic formats. If warranted by the results of the proposed Phase II ESA, our report will recommend additional subsurface assessment. RN #4840-1328-2571 vl -3- SCHEDULE Following receipt of your written authorization to proceed, Ninyo & Moore will commence services described herein. We anticipate needing 10 working days following receipt of final laboratory results to provide the report. AMENDMENT OF EXHIBIT "B" "COMPENSATION" SECTION 1. Exhibit "B" "Compensation" Section 1 of the Agreement is hereby modified and amended to include an additional lump sum compensation of Limited Phase II Environmental Site Assessment Work to read as follows: FEE Consultant services will be performed for a lump sum fee of $11,000.00 (eleven thousand dollars). If additional services are needed, they will be charged in accordance with the rates in the attached Schedule of Fees. 4. GENERAL PROVISIONS. 4.1 Remainder Unchanged. Except as specifically modified and amended in this First Amendment, the Agreement remains in full force and effect and binding upon the parties. 4.2 Integration. This First Amendment consists of pages 1 through _ inclusive, which constitute the entire understanding and agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to all or any part of the transaction discussed in this First Amendment. 4.3 Effective Date. This First Amendment shall not become effective until the date it has been formally approved by the City Council and executed by the appropriate authorities of the City and Consultant. 4.4 Applicable Law. The laws of the State of California shall govern the interpretation and enforcement of this First Amendment. 4.5 References. All references to the Agreement include all their respective terms and provisions. All defined terms utilized in this First Amendment have the same meaning as provided in the Agreement, unless expressly stated to the contrary in this First Amendment, IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. CITY: THE CITY OF TEMPLE CITY RN #4840-1328-2571 v] -4- ATTEST: Peggy K o OZAldrk APPROVED AS TO FORM Eric S. Vail, City Attorney fF. Jose Pulid&Gify Manager CONSULTANT: / V i'Ay o f 00 ✓' e� By: Name: L . 2: Title: p bl. c; Qa By: �y Name: (�p �� u Title: F1 pop, RN #4840-1328-2571 vl -5-