Nelson Nygaard Agreement –Second Amendment
PROFESSIONAL SERVICES AGREEMENT
SECOND AMENDMENT
This Second Amendment to the Nelson Nygaard Professional Services Agreement (“Second Amendment”) is made effective March 25, 2024, by the City of Commerce, a municipal corporation (“City”), and Nelson Nygaard Incorporated (“Consultant”).
RECITALS:
A. City and Consultant previously entered into a professional services agreement dated March 3, 2024, for services related to a comprehensive operations analysis for the City of Commerce Transit (“Master Agreement”); and B. The parties subsequently amended the Master Agreement. The First Amendment was approved on March 9, 2021.
C. The City and Consultant desire to amend the Master Agreement as set forth herein.
AGREEMENT:
NOW, THEREFORE, City and Consultant agree as follows:
1. The scope and fee set forth in the Master Agreement are updated and expanded as set forth in Exhibit A to this Second Amendment, which is attached and incorporated by reference.
2. The amount of $125,661 as previously authorized in the Master Agreement (which is inclusive of any increases by prior Amendments, if any) is increased by an additional $22,046 for a total amount not to exceed $147,707 for the performance of the services of this Master Agreement including this Second Amendment.
3. Except as expressly amended herein, all of the terms and conditions of the Master Agreement shall remain in full force and effect and are ratified by each Party. The Master Agreement, First Amendment, and this Second Amendment contain the entire contract of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. The parties agree that if any provisions of this Second Amendment conflict with the Master Agreement, then the provisions of this Second Amendment shall prevail. If any portion of this Second Amendment is declared invalid, illegal, or otherwise Nelson Nygaard Agreement –Second Amendment
unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect.
IN WITNESS WHEREOF, for good and valuable consideration, the receipt and sufficiency of which is acknowledged by both City and Consultant, City and Consultant have executed this Second Amendment to the Master Agreement as of the date first above written.
Nelson Nygaard Agreement –Second Amendment
City: City of Commerce
Signature: _________________________
Name: Hugo Argumedo
Title: Mayor
Date: _________________________
Attest:
Signature: __________________________
Name: Lena Shumway
Title: City Clerk
Date: __________________________
Approved as to Form:
Signature: __________________________
Name: Noel Tapia
Title: City Attorney
Date: __________________________
Consultant: Nelson Nygaard Incorporated
Signature: ___________________________
Name: ___________________________
Title: ___________________________
Date: ___________________________
Nelson\Nygaard Consulting Associates Inc. | 1
EXHIBIT A
M E M O R A N D U M
To: Claude McFerguson, City of Commerce
From: Peter Soderberg, Nelson\Nygaard
Date: March 18, 2024
Subject: Commerce Rider Guide Update
Nelson\Nygaard completed a Comprehensive Operational Analysis (COA), branded as Commerce in Motion, in January 2021 and assisted the City of Commerce in implementing these service changes through the Fall of 2021, including the development of a new rider guide and system map.
The City of Commerce is interested in additional contracted work with Nelson\Nygaard to provide updates to the rider guide and system map based on additional service changes anticipated in 2024.
These additional services will include:
Updated System Map
Nelson\Nygaard will edit the existing system map file to include:
New Route 500 alignment and bus stop locations
Updates to Route 500 schedule and timepoints
Updates to Route 300 schedule and timepoints
Updates to Route 600 schedule and timepoints
The City of Commerce will provide shapefiles for route alignment and stop locations, if available.
New Route Schedules
The updated schedules for routes 300, 500, and 600 will be added to the rider guide in the same format as other routes currently displayed in the rider guide. This change will be made with as little reformatting as possible to the existing layout to ensure an efficient design process and consistency with the current rider guide.
System Map Updates
In addition to including the schedule for the new Route 500, Nelson/Nygaard will also update the system map within the rider guide to include the new alignment and time points for Route 500.
Revised schedules, timepoints, and alignments will be provided by the City of Commerce and Nelson\Nygaard will update the schedules accordingly.
Revisions
After delivering the draft rider guide update, Nelson\Nygaard will be available to complete one round of additional revisions based on one set of non-conflicting comments from City of Commerce staff. This work is expected to take approximately two weeks from the time a contract amendment is fully executed.
Nelson\Nygaard Consulting Associates Inc. | 2
Optional: Rider Guide Reformat
As an optional task, rather than creating updates to the existing rider guide format. The Nelson\Nygaard team will develop a new rider guide layout. This layout would be formatted into a booklet style to accompany the existing pamphlet style rider guide. Full dimensions and specifications for this redesign shall be provided by the City of Commerce to ensure alignment with the desired format.
Optional: Informational Video
Using the vendor Aloe by Olivia, the Nelson\Nygaard team may also develop an animated motion graphics video to help inform the public of upcoming service changes. This video would be developed with a similar aesthetic style and branding as the previous version developed for the COA but would include updated information.
BUDGET
A summary of the budget for these additional tasks is included on the following page. A breakdown by task is as follows:
System Map and Rider Guide Update - $5,182
Optional – Rider Guide Reformatting - $7,477
Optional – Informational Video - $9,387
Total including optional tasks - $22,046
Nelson\Nygaard Consulting Associates Inc. | 3
Senior Associate 2 Outreach
Coordinator
Senior
Associate 2
Base Rate 50.48 30.05 53.73
166.27% includes FCCM 0.04% FY22 Overhead 166.27% 83.93 49.96 89.33 Profit 10% 13.44 8.00 14.31 Total Travel Total Misc.
Total Billing Rate $147.86 $88.01 $157.36 Hours Cost Expenses Expenses Task Description
- - - - - -
1.00 1.10 System Map Updates 8.00 24.00 32.00 3,295.09 32.00 3,295.09 3,295.09
1.20 Rider Guide Updates 8.00 8.00 16.00 1,886.93 16.00 1,886.93 1,886.93
1.30 Rider Guide Reformatting 8.00 40.00 48.00 7,477.33 48.00 7,477.33 7,477.33
1.40 Informational Video 8.00 8.00 16.00 1,886.93 16.00 1,886.93 $7,500 $7,500 9,386.93 Task Total 32.00 40.00 40.00 112.00 14,546.29 112.00 14,546.29 $0 $7,500 $7,500 22,046.29 TOTAL HOURS 32.00 40.00 40.00 112.00 14,546.29 112.00 112.00 TOTAL LABOR COST 4,731.42 3,520.40 6,294.47 14,546.29 14,546.29 - 7,500.00 7,500.00 22,046.29
SUBCONSULTANT MARKUP -
TOTAL COSTS 22,046.29
Total
Labor Costs
Total
Costs
Total
Direct
Expenses
Nelson\Nygaard Labor Costs
Total
Labor Hours
Soderberg, Peter Cooper, Lela
PROJECT MANAGEMENT and QA/QC
NN Labor
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