CONSULTANT SERVICES AGREEMENT
AMENDMENT No. 2 to TASK ORDER No. 1
This AMENDMENT NUMBER 2 to Task Order No. 1 is entered into as of the 15th day of February 2024, by and between the CITY OF PACIFICA, herein called the “City,” and NCE, herein called the “Consultant.”
RECITALS
A. City desired to obtain professional landscape architecture services for the Priority Parks Project (“Project”), and for that purpose entered into a Master Agreement with Consultant dated January 24, 2022 (“Original Agreement”), by which City hired Consultant to provide landscape architectural, community outreach/engagement and civil design services for the Project.
B. On January 24, 2022, the City and Consultant executed Task Order No. 1 for a total maximum compensation amount not to exceed $274,540 (“Task Order No. 1”).
C. On December 19, 2023, the City and Consultant executed Amendment No. 1 to Task Order No. 1 which increased the total maximum compensation amount not to exceed $297,955 (“Amendment No. 1”).
D. City desires to amend the Scope of Services, Compensation, and Time of Performance sections of Task Order No. 1.
E. Consultant hereby warrants to the City that Consultant is skilled and able to provide such services described in this Amendment No. 2.
F. City desires to authorize Consultant to modify the services described in this Amendment No. 2 of the subject project per the attached scope.
AGREEMENT
A. Amendment. The Parties agree that Task Order No. 1 shall be amended as set forth below.
1. Section 2 “Scope of Services”. All scope of services remain unchanged with the addition of work attached hereto as Exhibit A, which shall be incorporated herein by reference (“Modified Work”).
2. Section 3 “Compensation and Payment”.
A. Compensation. The compensation to be paid to Consultant, including both payment for professional services and reimbursable expenses, shall be at the rate and schedules set forth in this Amendment No. 2. The total combined compensation for the Original Agreement and Task Order No. 1 shall be increased by $20,400 for a maximum not to exceed amount of three hundred eighteen thousand three hundred and fifty five dollars ($318,355.00).
ATTACHMENT 4
3. Section 4 “Time of Performance”. The services described in Task Order No. 1 along with the addition of work attached hereto as Exhibit A shall be completed by June 30, 2025.
4. Agreement in Effect. All other provisions of the Original Agreement and Task Order No. 1 not specifically amended herein shall remain in full force and effect. [Signatures on Next Page]
IN WITNESS WHEREOF, the City and Consultant have executed this Amendment No. 2 to Task Order No. 1 as of the date first written above.
CITY OF PACIFICA CONSULTANT
NCE
By: By:
Kevin Woodhouse J. Ryan Shafer, P.E., GE
City Manager Principal
ATTEST:
By: __________________
Sarah Coffey
City Clerk
APPROVED AS TO FORM:
By:
Michelle M. Kenyon
City Attorney
EXHIBIT A
SCOPE & COMPENSATION OF AMENDMENT NO. 2
Richmond, CA
501 Canal Blvd., Suite I
Richmond, CA 94804
(510) 215-3620
Mr. David Harvey February 27, 2024
Project Manager
Engineering and Field Services
151 Milagra Drive
Pacifica, CA 94044 Project No: 1004.14.55
RE: Budget Amendment No. 2
Pacifica Four Priority Parks Preparation of Planting and Irrigation Plans Dear Mr. Harvey,
This letter provides formal documentation of NCE’s discussions with the City of Pacifica (City) regarding the requested Budget Amendment No. 2 for Revisions to the Layout and Grading Plans and Details. The budget amendment reflects the following additional scope items requested by the City and NCE’s understanding of the scope of work:
1) The City has requested that NCE substitute the Rubber Play Surfacing with Fibar Play Surfacing for all of the play areas at Brighton, Imperial, Marvilla and Skyridge Parks. 2) Revise layout and grading plans and details to incorporate Fibar Play Surfacing 3) Provide alternatives for the 5-12 play structure at Brighton Park which are taller, have more play value and more visual appeal.
4) Revise the Brighton Park site plan to accommodate an alternative 2-5 play structure.
ADDITIONAL SCOPE:
The budget amendment scope will be per the following tasks that are defined in detail within Task Order #1 dated January 24th, 2022.
Task 8: 100% Construction Documents-Imperial and Skyridge Parks Task 8.1: 100% Construction Documents-Brighton and Marvilla Parks FEE ESTIMATE:
To accommodate the additional work, we are requesting our budget be amended on a time and materials basis by $20,400.00.
We trust that this provides the information required at this time. If you have any questions or would like to discuss this request, please contact the undersigned at (510) 289.9325.
Sincerely,
Matthew S. Gaber, PLA, Principal
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Approval and Acceptance of this Amendment is acknowledged by the undersigned, an Authorized Representative.
THE CITY OF PACIFICA
Signature:___________________________________________________ Date: ____________________________ Print Name: __________________________________________________