City of Chula Vista Amendment to Agreement No.: 17116
Consultant Name: Kimley-Horn and Associates, Inc
Rev. 8/23/16
FIRST AMENDMENT
to Agreement between the
City of Chula Vista
and
Kimley-Horn and Associates, Inc
to provide Civil Engineering Consulting Services for Various Capital Improvement Program Projects
This FIRST AMENDMENT (“Amendment”) is entered into effective as of July 9 , 2019 (“Effective Date” ) by and between the City of Chula Vista (“City”) and Kimley-Horn and Associates, Inc (“Consultant”) with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered into the City of Chula Vista Consultant Services Agreement with Kimley -Horn and Associates, Inc. to Provide Civil Engineering Consulting Services for Various Capital Improvement Program Projects, , Agreement Control Number 17116 and Resolution Number 2017 -178, on November 1, 2017 (“Original Agreement”); and
WHEREAS, the City has identified additional services that it desires to have Consultant perform pursuant to the terms of the Original Agreement; and
WHEREAS, the Parties anticipate that the performance of th e additional services will require payment to Consultant in excess of the annual not-to-exceed amount of $500,000 as set forth in Section 4.B of the Original Agreement; 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, the Parties wish to increase the Original Agreement’s annual not-to-exceed amount as shown in Exhibit A, Section 4 of the Original Agreement, from $50 0,000 to $750,000 and total contract maximum not-to-exceed amount from $2,000,000 to $2,250,000.
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, Scope of Work and Payment Terms, Section 4.B of the Original Agreement is amended as follows:
“Limitation without Further Authorization on Time and Materials Arrangement.
Each Project assigned will set a not -to-exceed fee for all time, materi al, and costs permitted to be incurred for that Project. In addition, the combined 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, DocuSign Envelope ID: FB39D63D-19F8-46FD-8BA3-3AF3B3B02BD7 R2019-131
City of Chula Vista Amendment to Agreement No.: 17116
Consultant Name: Kimley-Horn and Associates, Inc
Rev. 8/23/16
2019 shall not exceed $500,000 $750,000. 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 $500,000.00. 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 $2,000,000.00 $2,250,000.00.”
2. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
3. Each party represents that it has full rig ht, power and authority to execute this FIRST Amendment and to perform its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Amendment on the behalf of such party are duly authorized agents with authority to do so.
[End of page. Next page is signature page.]
DocuSign Envelope ID: FB39D63D-19F8-46FD-8BA3-3AF3B3B02BD7 City of Chula Vista Amendment to Agreement No.: 17116
Consultant Name: Kimley-Horn and Associates, Inc
Rev. 8/23/16
SIGNATURE PAGE TO FIRST
AMENDMENT
TO
THE CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE CIVIL ENGINEERING
CONSULTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS
KIMLEY-HORN AND ASSOCIATES, INC CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
DENNIS LANDAAL MARY CASILLAS SALAS
SENIOR VICE PRESIDENT MAYOR
ATTEST
BY: _________________________________
KERRY K. BIGELOW, MMC
CITY CLERK
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
DocuSign Envelope ID: FB39D63D-19F8-46FD-8BA3-3AF3B3B02BD7 For
City of Chula Vista Amendment to Agreement No.: 171161
Consultant Name: Kimley-Horn and Associates, Inc.
Rev. 8/23/16
SECOND AMENDMENT
to Agreement between the
City of Chula Vista
and
Kimley-Horn and Associates, 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 16, 2021 (“Effective Date”) by and between the City of Chula Vista (“City”) and Kimley-Horn and Associates, Inc. (“Consultant”) with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered into 20-0516 - Attachment 3 - Second Amendment to Agreement (“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, on July 19, 2019, the parties entered into a First Amendment to the Original Agreement (“First Amendment”) to increase the annual not-to-exceed amount for the second year of the term of the Original Agreement from $500,000 to $750,000; and
WHEREAS, on or about November 1, 2019, the parties executed the first Notice of Exercise of Option to Extend the Agreement (“First Option”) through October 31, 2020 with a maximum compensation for the First Option term of $500,000; and
WHEREAS, on or about November 1 , 2020, the parties executed the second Notice of Exercise of Option to Extend the Agreement (“Second Option”) through October 31, 2020 with a maximum compensation for the Second Option term of $500,000; and
The Original Agreement, First Amendment, First Option, Second Option, and this Second Amendment (if approved and executed) may be collectively referred to herein as the “Agreement”; and
WHEREAS, City and Consultant desire to enter into this Second Amendment to add additional required services, add subconsultants for the required additional services, increase the annual and total not -to-exceed amount during the Second Option term, and extend the length of the Second Option term, all as more specifically set forth below.
NOW, THEREFORE, in consideration of the above recitals and the mutual obligations of the parties set forth herein, City and Consultant agree as follows:
City of Chula Vista Amendment to Agreement No.: 171161
Consultant Name: Kimley-Horn and Associates, Inc.
Rev. 8/23/16
1. Exhibit A , Scope of Work and Payment Terms, Section 4.B of the Agreement is amended and restated as follows:
“Limitation without Further Authorization on Time and Materials Arrangement. Each Project assigned will set a not-to-exceed fee for all time, material, and costs permitted to be incurred for that Project. The combined total for all time, materials, and c osts on all assigned Projects from the November 1, 2017 through October 31, 2018 shall not exceed $500,000.00. The combined total for all time, materials, and costs on all assigned Projects from November 1, 2018 to October 31, 2019 shall not exceed $750,00 0. The combined total for all time, materials, and costs on all assigned Projects from November 1, 201 9 to October 31, 2020 shall not exceed $1,300,000. The combined total for all time, materials, and costs on all assigned Projects from November 1, 20 20 to October 31, 20 21 (or later date if extended in accordance with this Agreement) shall not exceed $1,300,000. 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 $3,050,000.00.”
2. The Rate Schedule for Consultant’s performance of Required Services on and after October 31, 2021 will be as follows:
Description Proposed Rate
PRINCIPAL IN CHARGE $ 275.60
QC/QA MANAGER $ 238.50
CONTRACT MANAGER $ 222.60
T.O. MANAGER/SR.
PROFESSIONAL
$ 201.40
PROJECT ENGINEER $ 180.20
ANALYST $ 153.70
ACCOUNTANT $ 121.90
SUPPORT STAFF $ 95.40
3. Exhibit E, List of Subconsultants of the Agreement is amended and restated as follows:
City of Chula Vista Amendment to Agreement No.: 171161
Consultant Name: Kimley-Horn and Associates, Inc.
Rev. 8/23/16
4. Exhibit A, Scope of Work and Payment Terms, Section 3 of the Agreement is amended and restated as follows:
Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin November 1, 2017 and end on October 31, 2021. If work on one or more Projects are in progress on the expiration date of this Agreement, the terms of the Agreement s hall be extended by administrative amendment prior to the expiration of the Agreement to extend the time as needed to complete the in-progress Projects.
5. Except as expressly provided herein, all other terms and conditions of the Agreement shall remain in full force and effect.
6. 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.: 171161
Consultant Name: Kimley-Horn and Associates, Inc.
Rev. 8/23/16
SIGNATURE PAGE TO
SECOND AMENDMENT
TO
20-0516 - ATTACHMENT 3 - SECOND AMENDMENT TO AGREEMENT
KIMLEY-HORN AND ASSOCIATES, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________
ENTER NAME OF SIGNATORY MARY CASILLAS SALAS
ENTER TITLE OF SIGNATORY MAYOR
ATTEST
BY: _________________________________
KERRY K. BIGELOW, MMC
CITY CLERK
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
City of Chula Vista Amendment to Agreement No.: 17116-A3 Consultant Name: Kimley-Horn and Associates, Inc.
THIRD AMENDMENT
TO AGREEMENT BETWEEN THE
CITY OF CHULA VISTA
AND
KIMLEY-HORN AND ASSOCIATES, INC.
TO PROVIDE CIVIL ENGINEERING CONSULTING SERVICES FOR VARIOUS
CAPITAL IMPROVEMENT PROGRAM PROJECTS
This THIRD AMENDMENT (“Third Amendment”) is entered into effective as of October 31, 2021 (“Effective Date”) by and between the City of Chula Vista (“City”) and Kimley-Horn and Associates, Inc. (“Consultant”) with reference to the following facts:
RECITALS
WHEREAS, City and Consultant previously entered into the City of Chula Vista Consultant Services Agreement 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, on July 19, 2019, the parties entered into a First Amendment to the Original Agreement (“First Amendment”) to increase the annual not-to-exceed amount for the second year of the term of the Original Agreement from $500,000 to $750,000; and
WHEREAS, on March 16, 2021, the parties entered into a Second Amendment to the Original Agreement (“Second Amendment”) to add additional requi red services, add subconsultants, increase the annual and total not-to-exceed amount during the Second Option term, and extend the length of the term; and
WHEREAS, the parties desire to enter into this Third Amendment to extend the length of the term to complete the in-progress Projects as of the date of this Third 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, Scope of Work and Payment Terms, Section 3 of the Agreement is amended and restated as follows:
Term: In accordance with Section 1.10 of this Agreement, the term of this Agreement shall begin November 1, 2017 and end on June 30, 2022.
2. Except as expressly provided herein, all other terms and conditions of the Original Agreement, as amended, shall remain in full force and effect.
DocuSign Envelope ID: 986690E4-5AB5-4F44-BCE0-2456A75BA57D City of Chula Vista Amendment to Agreement No.: 17116-A3 Consultant Name: Kimley-Horn and Associates, Inc.
3. Each party represents that it has full right, power, and authority to execute this Third Amendment and to per form its obligations hereunder, without the need for any further action under its governing instruments, and the parties executing this Third Amendment on the behalf of such party are duly authorized agents with authority to do so.
DocuSign Envelope ID: 986690E4-5AB5-4F44-BCE0-2456A75BA57D City of Chula Vista Amendment to Agreement No.: 17116-A3 Consultant Name: Kimley-Horn and Associates, Inc.
SIGNATURE PAGE TO THIRD AMENDMENT TO
THE CITY OF CHULA VISTA CONSULTANT SERVICES AGREEMENT WITH KIMLEY-HORN AND ASSOCIATES, INC. TO PROVIDE CIVIL ENGINEERING
CONSULTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROGRAM
PROJECTS
KIMLEY-HORN AND ASSOCIATES, INC. CITY OF CHULA VISTA
BY:________________________________ BY: ________________________________ DENNIS LANDAAL MARIA V. KACHADOORIAN
SENIOR VICE PRESIDENT CITY MANAGER
APPROVED AS TO FORM
BY: _________________________________
GLEN R. GOOGINS
CITY ATTORNEY
DocuSign Envelope ID: 986690E4-5AB5-4F44-BCE0-2456A75BA57D for