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HomeMy WebLinkAbout2022 CON Kimley-Horn and Associates - First Amendment - CIP Support ServicesFIRST AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN AND ASSOCIATES, INC. THIS FIRST AMENDMENT TO THE AGREEMENT is entered into by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and KIMLEY-HORN AND ASSOCIATES, INC., a North Carolina corporation (the "CONSULTANT"). RECITALS WHEREAS, the City CouncIl adopted Resolution No. 2020-11 approving an Agreement ("the Agreement") with the CONSULTANT for the term of January 21, 2020 through January 20, 2023, wherein the CONSULTANT agreed to provide on -call project support services for CITY'CITY's Capital Improvement Program (CIP), including but not limited to, project management; ement; civil engineering; traffic engineering; transportation planning; plan reviews; con tructabilIty reviews; long-range planning on multiple disciplines; grants management; community outreach and communications, for a not -to -exceed amount of $2,0000,000, and an initial term of three years, with the option to extend this term for up to 2 (two), one-year extensions; and, WHEREAS, based on the CONSULTANT's performance and quality of work, and to ensure timely completion of CIPs, the CITY desires to have the CONSULTANT continue providing on -call project support services for the CITY'CITY's dIP, and the CONSULTANT is willing to perform such services; and WHEREAS, the parties desire to amend the Agreement by exercising the first of the 2 (two), one- year extensions to extend the term of the Agreement to January 20, 2024 and to increase the not -to - exceed amount by 1 ,000,000 for a not -to -exceed amount of $3,000,000. AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The January 21, 2020 Agreement, in exercise of the extension provision, is hereby amended to extend the term of the Agreement by I (one) year to January 20, 2024. 2. The January 21, 2020 Agreement is hereby amended to increase the not -to -exceed amount by $1,000,000 for a total not -to -exceed amount of $3,000,000. 3. The parties further agree that, with the foregoing exceptions., each and every other term and provision of the January 21, 2020 Agreement shall remain in full force and effect. 111 111 11 /11 11 11l IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year written below. CITY OF NATIONAL CITY By: Al j ndra elo-S is, Mayor Date: APPROVED AS TO FORM: City Attorney By: KIMLEY-HORNAND ASSOCIATES, INC., A NORTH ARC LINA CORPORATION (Corporation — signatures of two corporate officers required) (Name) Dennis Landaal, PE (RCE 50270) (Tide) Senior Vice President Date: 7 0 2 (Name) 5A,,., (rifle) \ji ct) Date: `1 Z7 ZZ