City of Chula Vista Amendment to Agreement No.: 17117-A2 Consultant Name: NV5, Inc.
SECOND AMENDMENT
TO AGREEMENT BETWEEN THE
CITY OF CHULA VISTA
AND
NV5, INC.
TO PROVIDE CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS
CAPITAL IMPROVEMENT PROGRAM PROJECTS
This SECOND AMENDMENT (“Second Amendment”) is entered into effective as of March 22, 2022 (“Effective Date”) by and between the City of Chula Vista (“City”) and NV5, Inc. (“Consultant”) with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered into the City of Chula Vista Consultant Services Agr eement to Provide Civil Engineering Consulting Services for Various Capital Improvement Program Projects (“Original Agreement”) on November 1, 2017; and
WHEREAS, Section 8.1 of the Original Agreement provides that the parties are permitted to modify the Agreement by means of a written amendment executed by both parties; and
WHEREAS, City and Consultant previously entered into a First Amendment on October 31, 2021, which extended the length of the term to complete the in-progress Projects; and
WHEREAS, the parties desire to enter into this Second Amendment to allow for increases to the value of existing purchase orders to complete the in-progress Projects as of the date of this Second Amendment.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows:
1. Exhibit A, Section 4 (Compensation): is amended and restated as follows:
“4. Compensation:
A. Form of Compensation
☒ Time and Materials. For performance of the Required Services by Consultant as identified in Section 2.B., above, City shall pay Consultant for the productive hours of time spent by Consultant in the performance of the Required Services, at the rates or amounts as indicated below:
See Exhibit D for applicable hourly rates under this Agreement.
B. Reimbursement of Costs
☒ Invoiced or agreed-upon amounts as follows:
City of Chula Vista Amendment to Agreement No.: 17117-A2 Consultant Name: NV5, Inc.
For the cost of out of pocket expenses incurred by Consultant in the performance of services herein required, City shall pay Consultant at the rates or amounts set forth below:
Initial Scope meeting No Cost
In County Travel Time No Cost
Reports, Original, Mylar No Cost
Copies, Reproductions of Final
Reports/Mylars
Cost Plus 10%
Outside Services Cost Plus 15%
Delivery Cost Plus 10%
Long Distance Telephone Charges No Cost
Other Actual Identifiable City- Approved
Direct Costs
Cost Plus 10%
Mileage IRS Standard Mileage Rate
Limitation without Further Authorization on Time and Materials Arrangement. Each Project assigned will set a not-to-exceed fee for all time, materials, and costs permitted to be incurred for that Project . In addition, t he combi ned total for all time, materials, and costs on all assigned Projects from the Effective Date through October 31, 2018 shall not exceed $500,000.00, and the combined total for all time, materials, and costs on all assigned Projects from November 1, 2018 to October 31, 2019 shall not exceed 500,000. If the City exercises its option to extend the Agreement, the amount to be paid to the Consultant for all time, materials, and costs provided during the term of that extension shall not exceed $518, 400 If the City exercises all additional options to extend the Agreement, the total amount to be paid to the Consultant for all time, materials, and costs during the Term and optional extension periods shall not exceed $2,018,400.00.
Consultant acknowledges and agrees that it shall not be entitled to any additional compensation without further authorization issued in writing and approved by the City. Nothing herein shall preclude Consultant from providing additional Services at Consultant's own cost and expense.”
2. Except as expressly provided herein, all other terms and conditions of the Original Agreement, as amended, shall remain in full force and effect.
3. Each party represents that it has full right, power , and authority to execute this Second Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Second Amendment on the behalf of such party are duly authorized agents with authority to do so.
City of Chula Vista Amendment to Agreement No.: 17117-A2 Consultant Name: NV5, Inc.
SIGNATURE PAGE TO SECOND AMENDMENT TO
THE CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH NV5, INC. TO PROVIDE CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS
CAPITAL IMPROVEMENT PROGRAM PROJECTS
NV5, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________ CARMEN KASNER, PE MARIA V. KACHADOORIAN
REGIONAL MANAGING DIRECTOR CITY MANAGER
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY