ACN# 2023-183
FIRST AMENDMENT
TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CHULA VISTA AND
KLEINFELDER CONSTRUCTION SERVICES INC.
TO PROVIDE
ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES
This First Amendment “Amendment” is entered into effective as of August 8, 2023 “Effective Date” by and between the City of Chula Vista (“City”) and Kleinfelder Construction Services, 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 Kleinfelder Construction Services, Inc. to Provide On-call CIP Construction Management, (“Original A greement”) (Agreement Control Number 2022-138 and Resolution Number 2022-193) on August 23, 2022; and
WHEREAS, the City has identified additional work that it desires to have Consultant perform pursuant to the terms of the Original Agreement; and
WHEREAS, the parties anticipate that the performance of the additional work will require payment to Co nsultant in excess of the maximum amount of $2,000,000 set forth in Exhibit A, 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 not to exceed compensation amount for the initial term as shown in Exhibit A, Section 4 .B. of the Origina l Agreement, from $2,000,000.00 to $4,000,000.00; and
WHEREAS, the parties wish to increase the total not to exceed compensation amount of the term of the agreement if all three optional extensions are exercised as shown in Exhibit A, Section 5 of the Original Agreement, from $5,000,000 to $7,000,000.
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 Pay Terms, Section 4.B. of the Original Agreement is amended as follows:
“Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for the services performed through June 2024, shall not exceed $2,000,000 $4,000,000.”
2. Exhibit A, Scope of Work and Pay Terms, Section 5 of the Original Agreement is amended as follows:
DocuSign Envelope ID: 737F8367-A832-4647-A8AD-1D7E01E4E6CA R2023-115
2 “Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for the services performed through June 30, 2027, shall not exceed $5,000,000 $7,000,000.”
3. Except as expressly provided herein, all other terms and conditions of the Original Agreement shall remain in full force and effect.
4. Each party represents that it has full right, 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: 737F8367-A832-4647-A8AD-1D7E01E4E6CA 3 FIRST AMENDMENT TO CITY OF CHULA VISTA
CONSULTANT SERVICES AGREEMENT WITH PROJECT PROFESSIONALS
CORPORATION TO PROVIDE
ON-CALL CIP CONSTRUCTION MANAGEMENT CONSULTING SERVICES
KLEINFELDER CONSTRCUTION
SERVICES, INC.,
CITY OF CHULA VISTA
BY:
________________________________________
BY:
___________________________________________
Rich Fitterer, PE, QSD JOHN MCCANN
Area Manager MAYOR
ATTEST
BY: ________________________________
KERRY BIGELOW, MMC
City Clerk
APPROVED AS TO FORM
BY: ________________________________
Jill D.S. Maland
Lounsbery Ferguson Altona & Peak
Acting City Attorney
DocuSign Envelope ID: 737F8367-A832-4647-A8AD-1D7E01E4E6CA For