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CSG Consultants - 2015 Agreement - Amendment No. 5FIFTH AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN THE CITY OF GILROY AND CSG CONSULTANTS, INC. WHEREAS, the City of Gilroy, a municipal corporation ("City"), and CSG Consultants, Inc. entered into that certain agreement entitled "Agreement for Services," effective on July 2, 2015, hereinafter referred to as "Original Agreement"; and WHEREAS, City and CSG Consultants, Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1. The first paragraph of Article 1 ("Term of Agreement") of the Original Agreement shall be amended to read as follows: "This Agreement will become effective on Julv 2, 2015 and will continue in effect through June 30, 2019 unless terminated in accordance with the provisions of Article 7 of this Agreement. The second paragraph of Article 1 of the Original Agreement is unaffected and remains enforceable. 2. Article 4, Section A ("Consideration") of the Original Agreement shall be amended to read as follows: "In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total compensation paid to CONSULTANT exceed $3,172,000.00." 3. Exhibit "D" ("Payment Schedule") of the Original Agreement shall hereby be replaced with the attached Exhibit "D," shall be effective on January 1, 2019. 4. This Amendment shall be effective on December 3, 2018. 5. Except as expressly modified herein, all of the provisions of the Original Agreement as amended shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement or prior amendments and this Amendment, the terms of this Amendment shall control. 6. This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 4824-8228-03220 CCHN4706083 IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY CSG Consultants, Inc. By: — By: [signature [signature] Gabriel A. Gonzalez Cyrus Kianpour, P.E., P.L.S. City Administrator Date: Approved as to Form t-7-_- - -) City Attorney Date: 11-06-1-? ATTEST• lerk President 4845-8215-55400 _2_ MDOLINGER104706083 EXHIBIT "D" PAYMENT SCHEDULE CSG 2019 CSG Special Engineering Rates Co; for the City of Gilroy CSG services are billed on a time -and -materials basis according to our Standard Rates, shown below. Senior Principal Engineer $220 Principal Engineer $195 Project Manager $195 Senior Engineer $175 Senior Structural Engineer $175 Associate Engineer $155 Assistant Engineer $135 Engineering Designer $125 Engineering Technician $115 Resident Engineer $180 Assistant Resident Engineer / Office Engineer $150 Construction Inspector $130 Structural Representative $180 Two Person Survey Crew $305 Rates reflect and include administrative costs and routine expenses such as local mileage, copying, fax, telephone, mail, in-house printing, software, and computer usage. Reproduction and subconsultants are billed at cost plus 15%. Rates will remain effective through July 31, 2019. Rates are subject to an annual increase based on CPI.