Amendment to Agreement
Storm Drain Infrastructure Condition Assessment Page 1 of 2 Form 2.2.1 (2022-11-10) AMENDMENT NO. 6 TO AGREEMENT NO. C2020-116
City Budget Code: 19MEASG003
This Amendment No. 6 (“ Amendment”) to City Agreement No. C2020-116, entitled Storm Drain Infrastructure Condition Assessment (“Agreement”), by and between the City of Napa, a California charter city (“City”), and National Plant Services, Inc. (“Consultant”), is effective on the date last signed by the City, which is identified on the signature page as the “Effective Date.”
RECITALS
A. City and Consultant entered into the Agreement, effective July 16, 2020, for an amount not to exceed $400,000, pursuant to which Consultant agreed to perform certain services described in the Agreement (“Services generally providing a condition assessment of storm drain infrastructure to determine and prioritize the Capital Improvement needs of the City’s municipal separate storm sewer system (MS4).
City and Consultant previously entered into Amendment No. 1 to the Agreement, effective January 6, 2021 extended the term of the Agreement; Amendment No. 2 to the Agreement, effective June 16, 2022, increased the total compensation not to exceed amount to $875,000 and extended the term of the Agreement; Amendment No 3, effective January 13, 2023, extended the term of the Agreement; Amendment No. 4, effective March 21, 2023, increased the total compensation not to exceed amount to $1,375,000, extended the term; and Amendment No. 5, effective December 10, 2024, increased the total compensation not to exceed amount to $1,575,000 and extended the term.
B. City has determined that the work on the Storm Drain Infrastructure Condition Assessment needs to continue to further determine the extent of infrastructure needing repair.
C. Consultant has agreed to continue providing services based on their 2025 rate schedule attached as Exhibit ‘B’.
NOW, THEREFORE, the City and the Consultant, for the mutual consideration described herein, agree as follows:
1. INCORPORATION BY REFERENCE. Unless otherwise specified, all subsequent references to the Agreement are deemed to mean the original Agreement as modified by any amendments preceding this Amendment, if any. This Amendment incorporates the Agreement by reference, except and only to the extent that any terms or conditions of the Agreement are specifically modified by this Amendment. All terms and conditions in the Agreement that are not specifically modified by this Amendment remain in full force and effect.
2. AMENDMENT.
2.1. PAYMENT. City will compensate Consultant for satisfactory performance of the Additional Services in an amount not to exceed $250,000 in Fiscal Year 2026 (FY26) and $250,000 in Fiscal Year 2027 (FY27). The cumulative total compensation payable to the Consultant will not exceed $2,075,000 without prior written authorization from the City (based on $1,575,000) for the original Agreement and any prior amendments thereto, plus $500,000 for this Amendment).
2.2. TERM. The Exhibit “A” of the Agreement, Section 2.1 Request for Services, is hereby amended to extend the contract date to June 30, 2027.
3. ENTIRE AGREEMENT. The Agreement, as modified by this Amendment, constitutes the entire integrated understanding between the parties concerning the Additional Services. This Amendment supersedes all prior negotiations, agreements and understandings regarding the Additional Services, whether written or oral. The documents incorporated by reference into this Amendment are complementary; what is called for in one is binding as if called for in all, except and only to the extent otherwise specified. If any ATTACHMENT 1
Amendment to Agreement
Storm Drain Infrastructure Condition Assessment Page 2 of 2 Form 2.2.1 (2022-11-10) provision in an exhibit to this Amendment conflicts with or is inconsistent with a provision in the body of this Amendment, the provisions in the body of this Amendment will control over any such conflicting or inconsistent provisions.
4. SIGNATURES; ELECTRONIC SIGNATURES. The individuals executing this Amendment represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Amendment on behalf of the respective legal entities of Consultant and City. The parties agree that this Amendment may be executed and transmitted electronically and that electronic signatures shall have the same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactions Act, Civil Code Section 1633.1 et seq. and California Government Code Section 16.5.This Amendment shall inure to the benefit of and be binding upon the parties hereto and their respective successors and authorized assigns.
IN WITNESS WHEREOF, the Parties have executed this Amendment to be effective on the Effective Date set forth below.
CITY:
CITY OF NAPA, a California charter city
By:
CONSULTANT:
National Plant Service,
Inc.
By: Julie B. Lucido, Public Works Director Daniel Solano, President Date:
(“Effective Date”)
COUNTERSIGNED:
Erika Leahy, City Auditor
APPROVED AS TO FORM:
Christopher J. Diaz, Interim City Attorney
ATTACHMENT 1