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<br />Amendment No. 1 to Consulting Services Agreement between City of San Leandro and Whitewater West <br />Ind. Ltd for Washington Manor Pool Renovation – Play structure Page 1 of 2 <br />AMENDMENT NO. 1 TO CONSULTING SERVICES AGREEMENT BETWEEN <br />THE CITY OF SAN LEANDRO AND <br />WHITEWATER WEST INDUSTRIES LTD. <br />FOR <br />WASHINGTON MANOR POOL RENOVATION - PLAYSTRUCTURE <br /> <br /> <br />This Amendment No.1 (“Amendment”) is made by and between the City of San Leandro (“City”) <br />and Whitewater West Industries Ltd. (“Consultant”) (together sometimes referred to as the “Parties”) as of <br />________, 2023, and amends that certain Consulting Services Agreement (“Agreement”) dated June 21st <br />,2023 between the Parties. <br /> <br />WHEREAS, City and Consultant have executed the Agreement, pursuant to which Consultant has <br />provided certain consulting services to City with regard to Washington Manor Pool Renovation Project <br />No.2023.3400, and <br /> <br />WHEREAS, the Parties desire to amend the Agreement to address an inconsistency between the <br />city Council approved Resolution and signed agreement. <br /> <br />NOW THEREFORE, for good and valuable consideration, the sufficiency of which is hereby <br />acknowledged, the Parties hereby agree to amend the Agreement as follows: <br /> <br />1. Section 2 of the Agreement entitled “Compensation” is hereby amended to pay Consultant a <br />sum not to exceed $417,264.00; and <br /> <br />2. Exhibit B of the Agreement entitled “Compensation Schedule & Reimbursable Expenses” is <br />hereby amended to read: <br /> <br />Compensation Schedule: <br /> <br />Items Description Percentage Total Cost <br />1 Deposit Payment : Includes all work per agreement as <br />described in Exhibit A prior to shipment. <br />30% $125,179 <br />2 Shipment Payment : Includes complete mobilization, <br />installation, and related services of play structure as outline in <br />exhibit A <br />60% $250,358 <br />3 Final Payment : Includes payment for all outstanding services <br />performed per agreement lined in Exhibit A <br />10% $41,726 <br /> Total $417,264 <br /> <br />3. All other terms shall remain in full force and effect. <br /> <br />This Amendment may be executed in multiple counterparts, each of which shall be an original and <br />all of which together shall constitute one agreement. <br /> <br />SIGNATURES ON FOLLOWING PAGE <br />DocuSign Envelope ID: DD9847C6-E6E4-4038-AEB7-56EC21787179 <br />July 18, 2023 | 9:26:33 AM PDT