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2006/03/14 City Council Resolution (8)RESOLUTION NO. 2006 -74 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ROHNERT PARK, CALIFORNIA, APPROVING AMENDMENT NO. 1 TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF ROHNERT PARK AND PARSONS WATER AND INFRASTRUCTURE REGARDING THE STADIUM MASTER PLAN ENVIRONMENTAL IMPACT REPORT (EIR) BE IT RESOLVED by the Council of the City of Rohnert Park that it does hereby authorize and approve Amendment No. 1 to the Agreement for Services between the City of Rohnert Park and Parsons Water and Infrastructure, for additional professional services. BE IT FURTHER RESOLVED that the City Manager is hereby authorized and directed to execute this Amendment No. 1 to the Agreement for Services between the City of Rohnert Park and Parsons Water and Infrastructure in substantially similar form to the attached agreement for and on behalf of the City of Rohnert Park. DULY AND REGULARLY ADOPTED this 14th day of March, 2006. CITY OF ROHNERT .ARK Mayor T with ATTEST: 6��!`X/' 4a ;'Z�f,a,a City Clerk '9 BREEZE: AYE FLORES: AYE MACKENZIE: AYE VIDAK- MARTINEZ: AYE SMITH: AYE AYES: (5) NOES: (0) ABSENT: (0) ABSTAIN: (0) AMENDMENT No. 1 TO THE AGREEMENT FOR SERVICES STADIUM MASTER PLAN (EIR) AUTHORIZATION OF PROFESSIONAL SERVICES RELATED TO THE STADIUM MASTER PLAN EIR The original agreement between the City of Rohnert Park ( "City ") and Parsons Water and Infrastructure ( "Consultant ") is hereby amended. WHEREAS, the City entered into an agreement with Consultant, dated April 26, 2005 for the preparation of the Stadium Master Plan Environmental Impact Report; and WHEREAS, additional funds ($15,742) are needed to cover the cost of detailed environmental review for one of the project alternatives (Regional Commercial) which was not originally factored into the initial work program. NOW, THEREFORE, the City and Consultant agree as follows: SECTION 3. COMPENSATION is amended as follows: A. City shall pay Consultant as compensation in full for such services and expenses at the rates set forth in the Standard Hourly Rates and Charges attached to the respective approved proposal, with the total sum not to exceed $173,042. Progress payments will be tied to completion of tasks so all payments are proportional to the work completed. All other sections of the Agreement shall remain as originally written. IN WITNESS THEREOF, the City and the Consultant have caused their authorization representative to execute this Amendment No. 1 on the dates indicated below. Approved this 14`h day of March, 2006. CITY OF ROHNERT PARK By: Stephen Donley, City Manager (date) ATTEST: By. _ City Clerk Approved as to form: Ci Attorney PARSONS WATER AND INFRASTRUCTURE M Tim Anenson, Project Director AGREEMENT FOR SERVICES STADIUM MASTER PLAN EIR This Agreement is made and entered into this 26tbday of April , 2005, by and between the City of Rohnert Park, hereinafter referred to as the "City," and Parsons Water & Infrastructure, Inc., a Delaware corporation, hereinafter referred to as the "Consultant." WHEREAS, the City requires environmental documents to be prepared by outside consultants and the City Council has approved a list of consultants to prepare same; and WHEREAS, the Consultant is qualified and experienced to provide such services and is included on the list of approved consultants. NOW, THEREFORE, said City and said Consultant for the considerations hereinafter set forth, mutually agree as follows: 1. SCOPE OF WORK. Consultant shall perform those services described as Tasks in the Scope of Work and Schedule of Performance attached as Exhibit "A" within the time frames stated therein. 2. COORDINATION. Consultant shall assign Robin Cort, to personally participate in said project and to coordinate the activities of the Consultant. 3. COMPENSATION. A. City shall pay Consultant as compensation in full for such services and expenses at the rates set forth in the Standard Hourly Rates and Charges attached to the respective approved proposal, with the total sum not to exceed $157,300.00. Billing will occur on a time and materials basis proportional to the work completed. B. Consultant shall submit itemized monthly statements for work performed. City shall make any payment due within thirty (30) days after approval of the invoice by City. C. Payments due and payable to Consultant for current services are within the current budget and within an available, unexhausted and unencumbered appropriation of the City. In the event the City has not appropriated sufficient funds for payment of Consultant services beyond the current fiscal year, this Agreement shall cover only those costs incurred up to the conclusion of the current fiscal year; payment for additional work is conditional upon future City appropriation. 4. TERM. The term of this Agreement shall be from the date of its execution until the completion of the work contemplated by this Agreement and its final acceptance by City unless terminated earlier as provided herein. 5. NOTICES. All notices, bills, and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail 'should be. addressed as follows: TO CITY: PLANNING DEPARTMENT CITY OF ROHNERT PARK 6750 COMMERCE BLVD. ROHNERT PARK, CA 94928 -2486 TO CONSULTANT: PARSONS WATER &INFRASTRUCTURE, INC. 2121 NORTH CALIFORNIA BLVD. WALNUT CREEK; CA 94596. ATTN: MS. ROBIN CORT and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances,.notices,.bills and payments shall be deemed given at the time. of actual delivery. Changes in made in the names and addresses of the person to whom noties, bills and payments are to be given by giving notice pursuant to this Paragraph. 6. AMENDMENT OF SCOPE OF WORK. City shall have the right to amend the Scope of Work of any approved proposal within the Agreement by written notification to the Consultant. In such event, the compensation and time of performance shall be subject to equitable adjustment upon written demand of either party to the Agreement. Failure of the Consultant . to secure City's written authorization for extra or changed work shall constitute a Waiver `of any and all right to adjustment in the contract price or time due, whether by way of compensation,. restitution, quantum meruit, etc. for work done without the appropriate City authorization. 7. ,:CITY'S RIGHT TO TERMINATE/SUSPEND CONTRACT. At any time with ten (10) business days advance written notice and for any or no reason, City shall have the right to terminate this Agreement,. take possession of the Consultant's work, e.g., studies, preliminary drawings, computations, specifications, etc., insofar as they are complete and acceptable to the City, and pay the Consultant such equitable proportion of the total remuneration as the work satisfactorily done by the Cor?zt11ta>7t at 1'he tone of ,,z Elicrnnt; ?t nrn 1 Pyre to t1,, )3-h01- worx required to be clone by the Consultant under the terms of. this Agreement. 8. CORRECTION OF WORK._ 'The performance of services or acceptance of information furnished by Consultant .shall not relieve the Consultant from obligation to correct any defective, inaccurate or incomplete work subsequently discovered ' and all such work shall be remedied by the Consultant on demand without cost to the City; provided that City shall give written notice of any such work within 180 days after completion of the services by Consultant. 9. DELAYS AND EXTENSIONS. The Consultant will be granted time extensions for delays beyond the Consultant's control. Time extensions will be equal to the length of the delay or as otherwise agreed upon between the Consultant and the City. In such event, compensation as set forth in the Scope of Work shall be subject to upon.written demand of either .party to the Agreement: 10. RECORDS OF PERFORMANCE. Consultant shall maintain adequate records of contract performance- costs, expenses, etc., and make these records available for inspection, audit, and copying by the City during the agreement period and for a period of three (3) years from the date of final payment.. However, notwithstanding the foregoing, the City shall not be entitled to audit the composition of Consultant's fixed hourly rates or lump sum prices for services rendered. 11. SUBCONTRACTING. None of the services covered by this contract shall be subcontracted without the prior written consent of the City. In accordance with Government Code Section . 7550, Consultant agrees to state in .a separate section of any filed report the numbers and dollars amounts of all contracts and subcontracts relating to preparation of the report. 12. ASSIGNMENT. The Agreement shall not be assigned by the Consultant in whole or in part, without the written consent. of the City. 13. INDEMNIFICATION. To the full extent permitted by law, Consultant shall indemnify, hold harmless, release and defend City, its officers, employees and agents from and against any and all actions, claims, demands, damages, disability,. losses, expenses including attorney's fees and other defense costs and liabilities of any nature that may be asserted by any person or entity including Consultant, in whole or in part, caused by Consultant's activities hereunder, including the activities of persons employed by or subconsultants utilized by Consultant in the performance of this Agreement (including' design defects and regardless of City's approval, use or acceptance of the work or work product hereunder), due to negligent acts or omissions or willful misconduct but excluding liabilities due to the negligence or willful misconduct of City, its employees, contractors, or agents. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for Consultant under Worker's Compensation, disability or other employee benefit acts or the terms, applicability or limitations of any insurance held or provided by Consultant and shall continue to bind the parties after termination/completion of this Agreement. 14. INSURANCE. Without limiting Consultant's indemnification provided herein, Consultant shall take out and maintain, throughout the period of this Agreement, the following policies of insurance placed with insurers with a current A.M. Bests rating of no less than .A:VII or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of Consultant, its agents, employees or subcontractors: A. Comprehensive or Commercial General Liability Insurance_ at least as broad as Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001), in an amount of $1,000,000.00 per occurrence. If work involves explosive, underground or collapse risks, XCU must be included. If a general aggregate limit is used, either the general aggregate limit shall apply separately to this project or the general aggregate shall be twice the required occurrence limit. Said policy shall contain, or be endorsed with, the following provisions: (l) The City, its officers, employees and agents,. are covered as insureds for liability ..: arising out of the operations performed by or on behalf of Consultant. The coverage . shall contain no special limitations on the scope of protection afforded to the City, its officers, agents and employees. (2) The policy shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice (10 days for non - payment of premium) to City by certified mail. (3) The inclusion of more than one insured shall not operate to impair the rights of one insured against another insured, and the coverage afforded shall apply as though separate policies had .been issued to each insured, but the inclusion of more than one insured shall not operate to increase the. limits .of the insurer's liability. (4) For claims related to this project, the Consultant's insurance is primary coverage to the City, and any insurance or self - insurance programs maintained by the City is excess to Consultant's insurance and will not be called upon to contribute with it. (5) Any failure to comply with reporting or other provisions of the parties, including breach of warranties, shall not affect coverage provided to City, its officers, employees and agents. B. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), for vehicles used in the performance of this Agreement with minimum coverage of not less than $1,000,000 per accident combined single limit (CSL). Such policy shall contain or be endorsed with the provision that coverage shall not be canceled or materially reduced in coverage without thirty (30) days prior written notice (10 days for non - payment of premium) to City by certified mail. .N C. Worker's Compensation insurance meeting statutory limits of Labor Code which policy shall contain or be endorsed to contain a waiver of subrogation against City, its officers, agents, and employees and provide for thirty (30) days prior written notice to City in the event of cancellation. if Consultant has no employees, Consultant may sign and file the following certification in lieu of insurance: "I am aware of the provisions of California Labor Code Section 3700 which requires every employer to be insured against liability for workers'. compensation or to undertake self- insurance in accordance with the provisions of that code, and l will comply with the provisions of that code before commencing with and during the performance of the work of this contract. " D. Professional liability insurance /errors and omission coverage in an amount no less than $1,000,000.00 combined single limit (C$L). If insurance is written on a claim -made basis, Consultant agrees. to maintain such insurance in effect for at least three (3) years following completion of performance under this Agreement. E. Consultant shall furnish City with certificates and original endorsements effecting the required coverage prior to execution of this Agreement by City. The endorsements shall be on forms provided by City or as approved by City Attorney. Any deductible or self - insured retention over $100,000.00 shall be disclosed to and approved by City. If Consultant does not keep all required . insurance policies in full force and effect, City may, in addition to other remedies under this Agreement, take out the necessary insurance, and Consultant agrees to pay the cost of said insurance. 15. STANDARD OF CARE. City relies upon the professional ability of Consultant as a material inducement to entering into this Agreement. Consultant agrees to use reasonable care and diligence in rendering services under this Agreement. Consultant agrees that the acceptance of his work by City shall not operate as a waiver or release of said obligation of Consultant. The absence, omission, or failure to include in this Agreement, items which are normally considered to be a part of generally accepted professional procedure or which involve professional judgment shall not be used as a basis for submission of inadequate work or incomplete performance. 16: COVENANT AGAINST CONTINGENT FEES. The Consultant warrants that he has not employed or retained any company or person, other than a bona fide employee working for the Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability, or; in its discretion to deduct from the Agreement price or consideration, or otherwise recover, the full, amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Y7_ _ CONFLICT OF INTEREST. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed. 18. STATEMENT OF ECONOMIC INTEREST. If City determines Consultant comes within the definition of .Consultant under the Political Reform Act (Government Code §87100), Consultant shall complete and file and shall require any other person doing work under this Agreement to complete and file a "Statement of Economic Interest" with the Clerk of the City of Rohnert Park disclosing Consultant and /or such other person's financial interests. 14. MERGER. This Agreement shall constitute the entire Agreement between the 4 parties and shall supersede any previous agreements, whether verbal or written; concerning the same subject . matter. No modification of this Agreement shall be effective unless and until evidence by a. writing is signed by both parties. 20. DEFAULT. If Consultant should fail to perform any of his obligations hereunder, within the time and in the manner herein provided or otherwise violate any of the terms of this Agreement, City may terminate this Agreement by giving Consultant five (5) business days advance written notice of such termination, stating the reason for such termination. In such event, Consultant shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred hereunder, an amount which bears the same ratio to the total fees specified in the agreement as the services satisfactorily rendered hereunder by Consultant bear to the total services otherwise required to be performed for such total fee; provided, however, that the.City shall deduct from such amount the amount of damage, if any, sustained by City by virtue of the breach of the Agreement by Consultant. 21. NO WAIVER OF BREACH, The waiver by either party of any breach of any term or promise contained in this Agreement shall not be deemed to be a waiver of such term or provision or any subsequent breach of the same or any other term or promise contained in this Agreement. Time is of the essence in carrying out the duties hereunder. 22. THIRD PARTY BENEFICIARIES. Nothing contained in this Agreement shall be construed to create and the parties do not intend to create any rights in third parties. 23. ATTORNEY FEES APPLICABLE LAW AND FORUM. In the event either party brings an action or proceeding for damages arising out. of the other's .performance under this Agreement or to establish the right or remedy of either party, the prevailing parry shall be = entitled to recover reasonable attorney fees and costs as part of such action or proceeding, whether or not such action or proceeding is prosecuted to judgment. This Agreement shall be construed::and interpreted according to California law, and any action to enforce the terms of this Agreement or for the breach thereof shall be brought and tried in the County of Sonoma. 24. INDEPENDENT CONTRACTOR. The parties intend that Consultant, in performing the services specified herein, shall act as an independent contractor and shall have control of the work and the manner in which it is performed. Consultant is not to be .considered an agent or employee of the City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides its employees. In the event City exercises its right to terminate this Agreement, Consultant expressly agrees that he /she shall have no recourse nor right of appeal under rules, regulations, ordinances or laws applicable to employees. 25. TAXES. Consultant agrees to file tax returns and pay, all applicable taxes on amounts paid pursuant to this Agreement and shall be solely liable and responsible to pay such taxes and other obligations, including, but not limited to, state and federal income and FICA taxes. Consultant agrees to indemnify and hold the City harmless from any liability which it may incur to the United States for to the State of California as a consequence of Consultant's failure to pay, when due, all such taxes and obligations. 26. EMPLOYMENT PRACTICES. Consultant shall not discriminate in its performance under the Agreement either directly or indirectly on the grounds of race, color, religion, sex, age, national origin, or other prohibited grounds m its employment practices, and shall take affirmative steps to ensure that applicants are employed and employees are treated during employment without regard to race, color, religion, sex, age, national origin, or other prohibited grounds. 27. COMPLIANCE WITH LAW. Consultant shall comply with all applicable federal, state and local laws, rules and regulations affecting the Consultant and his /her work hereunder. Consultant represents and warrants to City that Consultant has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for Consultant to practice Consultant's profession and to do the work hereunder. Consultant represents and warrants to City that Consultant shall, at its sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for Consultant to practice his /her profession and do the work contemplated by this Agreement. 28. TITLE TO DOCUMENTS. Title to all plans, specifications, maps, estimates, reports, manuscripts, drawings, descriptions and other final work products ( "Technical Documents") compiled by the Consultant under the Agreement shall be vested in the City upon payment in full to Consultant for such work products, none of which shall be used in any manner whatsoever, by any person, firm, corporation, or agency without the expressed written consent of the City; provided that Consultant hereby retains a nonexclusive, perpetual, irrevocable, worldwide, royalty-free license to use the Technical Documents and /or the information contained herein. Basic survey notes and sketches, charts, computations., and other data prepared or obtained under the Agreement shall be made available, upon request, to the City without restriction or limitations on their use. Any use of the Technical Documents by the City other than for the project which is the subject of this Agreement shall be atthe sole risk and expense of the City. Consultant may retain copies of the above - described information but agrees not. to disclose or discuss any information gathered, discussed or generated in any way through this Agreement without the written permission of City during the term of this Agreement or until ninety (90) days after receipt of final payment from City. 29. INTERPRETATION. Notwithstanding the fact that one or more provisions of this Agreement may have been drafted by one of the parties to this Agreement, such provisions shall be interpreted as though they were a product .of a joint drafting effort and no provisions shall be interpreted against a party on the ground that said party was solely or primarily responsible for drafting the language to be interpreted. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written. CITY OF RO RT PARK: Cl AGER , nterin Per Reso. No. 2005 -112 adopted by the City _Council on 4/26/05. CONSULTANT: By: A( L Mae) By: (litre) CERTIFICATE OF CONSULTANT I HEREBY CERTIFY that I am the ]r��<a�; , and a duly authorized representative of the rrrt of whose address is Z ml w. and that neither 1 nor the above firm I represent has: W�*jv -r- OV_� CIA, a) Employed or retained for a commission, percentage, brokerage,'contingent fee, or other consideration, -any firm or person (other than a bona fide employee working solely for me or the above consultant) to solicit to secure this Agreement. b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain the services of any firm or person in connection with carrying out the Agreement; or c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide employee working solely for me or the above consultant) any fee, contribution, donation; or consideration of any kind for, or in connection with, procuring or carrying out the Agreement; Except as here expressly stated (if any); I acknowledge that this certificate is subject to applicable State and Federal laws, both criminal and civil. Date Signature agAconsuW 7 PARSONS 2121 N. California Blvd. Suite 500 • Walnut Creek, California 94596 • (925) 941 -3700 • Fax (925) 979 -9781 9 www.parsons.com February 16, 2006 Mr. Ron Bendorff, Senior Planner Planning Division City of Rohnert Park 6750 Commerce Boulevard Rohnert Park, CA 94928 RE: Contract Augment Request No. 1 Stadium Area Master Plan Environmental Impact Report Dear Mr. Bendorff: This contract augment request (Contract Augment Requst No. 1) has been prepared pursuant to a meeting held on October 20, 2005, with the City of Rohnert Park, Parsons, and W= Trans. Based on feedback from the Rohnert Park Planning Commission, the City has requested the "Regional Commercial" alternative be evaluated at the same level of detail as the proposed project. Under CEQA, alternatives are not required to be analyzed at the same level of detail (CEQA Guidelines 15126.6(d). Hence, the alternative (the "Regional Commercial ") was not budgeted for full analysis. PROJECT ALTERNATIVES — AMENDED SCOPE CEQA Analysis (Parsons) CEQA requires an assessment of alternatives that would mitigate significant impacts created by the Project. These alternatives should be reasonable and consistent with the Project's basic objectives, and should be discussed in sufficient detail to provide a meaningful comparison of the relative impacts of the project and alternatives. Along with the proposed project, Parsons will evaluate the No Project alternative and the Regional Commercial alternative. These alternatives will be fully described (at the same level of detail as the proposed project) qualitatively and, to the degree possible, quantitatively contrasted with the proposed action in terms of the extent to which they can achieve project objectives or reduce adverse impacts. The alternatives will be fully addressed in the separate Alternatives section of the environmental impact report (EIR). Based upon these analyses, an alternative analysis matrix will be prepared allowing for a simple comparison of the impacts of the project versus those of the alternatives. The alternative analysis matrix will be presented in the Introduction and Summary section of the document. Air Quality and Noise Studies (Illingworth and Rodkin) The amended scope will require additional air quality calculations. No additional calculations are needed for noise. ■ Ron Bendorff City of Rohnert Park February 16, 2006 Page 2 Traffic and Transportation (W- Trans) Whitlock & Weinberger Transportation, Inc. (W- Trans) will add a complete traffic and circulation analysis of a Project Alternative that assumes no residential uses on the northern portion of the Stadium Area site. The current traffic study scope includes analysis of only the range of land uses presented in the Specific Plan. Because it is possible that the residential components included on the northern portion of the Specific Plan could be changed to retail -type uses, and because retail development is a more traffic- intensive land use, it is necessary to fully- evaluate conditions with both land use mixes. W =Trans will coordinate with Parsons and City Staff to determine the appropriate EIR format for presenting both the Project and Alternative land use scenarios. The results of the Alternative analysis will be presented both in tabular format as well as graphically, as done for the Project scenario. Following are the proposed additions to the W -Trans scope of services. • Analyze project trip generation, distribution and assignment. Trip generation rates for the Alternative land use scenario will be based on ITE Trip Generation, 7tb Edition, and/or other approved sources. The trip distribution characteristics of the Alternative land use mix will be determined, as they may vary from those applied for the Project analysis. The resulting trips will be distributed to the local and regional street network. • Perform intersection analysis. Traffic impacts associated with the Alternative land use scenario will be determined for intersections within the project study area based on the same methodologies used for the Project analysis. • Conduct site circulation and access analysis W -Trans will review any supplied plans for the Alternative land use scenario to ensure that adequate circulation and access would be provided, based on applicable design policies and projected traffic volumes. • Mitigation Measures. Mitigation measures will be recommended for any intersection or roadway segment that is forecast to exhibit overcapacity operations that are associated with development of the Alternative land use scenario. • Assumptions. For calculation purposes, it is assumed that a 0.23 average floor -area ratio (FAR) for the 13 -acre residential site (130,244 square feet), and a mix of commercial uses similar to those described in the NOP will be used. Ron Bendorff City ofRohnert Park February 16, 2006 Page 3 AMENDED BUDGET The amended budget is shown below: Additional Tasks Arnount CEQA Analysis $7,888 Traffic $5,640 Air Quality $1,500 Markup $714 Subtotal Additional Tasks: $15,742 Original Budget Amount: $157,300 Amended Budget Amount: $173,042 AMENDED SCHEDULE Rohnert Park Stadium EIR Schedule _ Task Duration (weeks) Date ADEIR to City for review 8 3/17/2006 Client review complete 4.0 4/14/2006 Screen check draft 0.5 4/17/2006 Screen check review 1 4/24/2006 DEIR published 0.5 4/28/2006 Public review 7 6/16/2006 Responses 2 6/30/2006 Client review 2 7/14/2006 Screen check AFEIR 1 7/21/2006 Screen check review 1 7/28/2006 FEIR published 1 8/4/2006 Ron oenrtorl 01v ol'Rohneri Park 'ehruriry 16 006 Page 4 ACTION REQUESTED Please review this Contract Augment Request No. I and. if you concur; please arrcnge ft -)r appropriate city approvals and prepare proper contract agreements for execution. Except as set forth herein; all other tenns and conditions of the contract shall remain in full force and effect. if you have any questions, please do not hesitate to call stye at (925) 941 -3759. Sincerely, PARSONS WATER AND I`rRAS'rRUCTURE Inc. X . Douglas-, ICP 'Project Manager cc: Tim Anenson Robin Cort