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HomeMy WebLinkAboutSecond Amendment to the AgreementSECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE CORPORATION TO PROVIDE GEOTECHNICAL MATERIALS TESTING SERVICES FOR CITY PROJECTS ON AN AS -NEEDED BASIS Thls Second Amendment to the Agreement is entered into this 4th day of October, 2011, by and between the City of National City, a municipal corporation ("the CITY"), and Ninyo & Moore Corporation (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on October 6, 2009, (the "Agreement") wherein the CONSULTANT agreed to provide geotechnical materials testing services for City projects. B. The parties executed a First Amendment to the Agreement for an additional one year term, from October 7, 2010 to October 8, 2011. C. The parties desire to amend the Agreement to extend the term for one additional year, from October 9, 2011 to October 10, 2012. D. The parties desire to amend the Agreement to increase the not -to -exceed amount by $150,000 for a total Agreement amount of $300,000. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. Section 6 of the Agreement is amended to extend the term of the Agreement for one year, from October 9, 2011 to October 10, 2012. 2, The Compensation and Payment in Section 4 of the Agreement, is increased based on actual work requested and performed, not to exceed $300,000. 3. Each and every term of the Agreement, shall remain in full force and effect, except for the amendment contained herein. IN WITNESS WHEREOF, the parties hereto have executed this second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY NINYO & MOORE By: By: Ron Morrison, Mayor AVRAM NINYO Principal Engineer APPROVED AS TO FORM: By: Vazi,,,e, Elaine Autus Assistant Secretary Claudia G. Silva City Attorney