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HomeMy WebLinkAboutNinyo & Moore Geotechnical & Environmental Sciences Consultants - On-Call Project Support Services for Capital Improvement Programs - Amendment No. 3 - 2025Docusign Envelope ID: OC183B23-F25D-4B5C-B78C-D690AA6277B3 THIRD AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS THIS THIRD AMENDMENT TO THE AGREEMENT is entered into this 1s' day of September, 2025, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and NINYO & MOORE GEOTECHNICAL & ENVIORNMENTAL SCIENCES CONULTANTS, (the "CONSULTANT"). RECITALS WHEREAS, the City Council adopted Resolution No. 2020-167 approving an agreement (the "Agreement") with the CONSULTANT for the term of September 1, 2020 through August 31, 2023, wherein the CONSULTANT agreed to provide on -call project support services for the CITY's Capital Improvement Program ("CIP") including, but not limited to, geotechnical and soils and materials testing for a not -to -exceed amount of $2,000,000, and an initial term of three (3) years, with the option to extend this term for up to two (2) one-year extensions; and WHEREAS, the City Council adopted Resolution No. 2023-86 approving the First Amendment to the Agreement, exercising the first of two (2) extensions extending the Agreement by one (1) year to August 31, 2024; and WHEREAS, the City Council adopted Resolution No. 2024-108 approving the Second Amendment to the Agreement, exercising the second of two (2) extensions extending the Agreement by one (1) year to August 31, 2025; and WHEREAS, the CITY advertised a new Request for Qualifications ("RFQ") for on - call project support services for the CITY's CIP but, in order to allow sufficient time to evaluate the RFQ, and to ensure continuation of services for the CITY's CIP in the interim, the CITYdesires to further extend the Agreement by one (1) year; and WHEREAS, based on the CONSULTANT's performance and quality of work, expiring agreement and to ensure timely completion of CIP projects, the CITY desires to have the CONSULTANT continue providing such services, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement to extend the term of the Agreement to August 31, 2026. Amended Agreement Page 1 of 2 City of National City and Revised February 2023 Ninyo & Moore Docusign Envelope ID: OC183B23-F25D-4B5C-B78C-D690AA6277B3 AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The September 1, 2020 Agreement, as previously amended by the First and Second Amendments, is hereby amended to extend the term of the Agreement by one (1) year to August 31, 2026. 2. The parties further agree that, with the foregoing exceptions, each and every other term and provision of the September 1, 2020 Agreement, as amended by the First and Amendments, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: RorTMorrison, Mayor APPROVED AS TO FO M: By.&-�' Al1.� Barry J. Schultz, City Attorney Amended Agreement Revised February 2023 NINYO & MOORE GEOTECHNICAL & ENVIRONMENTAL SCIENCES CONSULTANTS (Corporation — signatures of two corporate officers required) (Partnership or Sole proprietorship — one signature) DocuSlgned by: Qwra�►, N"6 By: (Name) Avram Ninyo (Print) President (Title) Slyned by. By. lailnt, OL. 9 S t745B585BBYPd3F... (Name) Elaine O. Autus (Print) Assistant Secretary (Title) Page 2 of 2 City of National City and Ninyo & Moore