SECOND 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 Second Amendment (“Amendment”) is entered into effective as of February 20, 2024 (“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 Consulting Services, (“Original Agreement”) (Agreement Control Number 2022-138 and Resolution Number 2022-193) on August 23, 2022; and
WHEREAS, City and Consultant previously entered into the First Amendment to the City of Chula Vista Consultant Services Agreement with Kleinfelder Construction Services, Inc. to provide On-Call CIP Construction Management Consulting Services, (“ First A mendment”) (Agreement Control Number 2023-183 and Resolution Number 2023-115) on August 8, 2023; and
WHEREAS, the City has identified additional work that it desires to have Consultant perform pursuant to the terms of the Original Agreement and First Amendment; and
WHEREAS, the parties anticipate that the performance of the additional work will require payment to Consultant in excess of the maximum amount of $ 4,000,000 set forth in Exhibit A, Section 4.B. of the First Amendment; and
WHEREAS, the parties anticipate that the performance of the additional work will require payment to Consultant in excess of the maximum amount of $1,000,000 for Option Year 1 set forth in Exhibit A, Section 5. 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 maximum amount to be paid fo r services performed through June 2024 as set forth in Exhibit A, Section 4.B. of the First Amendment from $4,000,000 to $7,000,000; and
WHEREAS, the parties wish to increase the maximum amount to be paid f or services performed through June 2025 for Option Year 1 as set forth in Exhibit A, Section 5 of the Original Agreement, from $1,000,000 to $4,000,000; and
WHEREAS, the parties wish to increase the maximum amount to be paid for services performed through June 30, 2027 as set forth in Exhibit A, Section 5 of the First Amendment from $7,000,000 to $13,000,000.
2 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 First Amendment is amended as follows:
“Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 2024, shall not exceed $4,000,000 $7,000,000.”
2. Exhibit A, Scope of Work and Payment Terms, Section 5 of the Original Agreement is amended as follows:
“Option Year 1 (July 1, 2024 - June 30, 2025): $1,000,000.00* $4,000,000.00*”
3. Exhibit A, Scope of Work and Payment Terms, Section 5 of the First Amendment is amended as follows:
“Notwithstanding the foregoing, the maximum amount to be paid to the Consultant for services performed through June 30, 2027 shall not exceed $7,000,000 $13,000,000.”
4. Except as expressly provided herein, all other terms and conditions of the Original Agreement and First Amendment shall remain in full force and effect.
5. 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 Amendment on the behalf of such party are duly authorized agents with authority to do so.
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3 SECOND 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
KLEINFELDER CONSTRUCTION
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