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Home My WebLink About2009 CON Kleinfelder West - Amendment #1 Street Resurfacing Project FY 08-09AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER WEST, INC This Amendment to Agreement is entered into this 17RD day of February, 2009, by and between the City of National City, a municipal corporation ("CITY"), and Kleinfelder West, Inc. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on July 15, 2008 ("the Agreement"), wherein the CONSULTANT agreed to provide material testing services for the Street Resurfacing Project with a not -to -exceed amount of $51,400. B. The parties desire to amend the Agreement to expand the Scope of Services to provide additional testing services. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on 15th day of July 2008, shall be amended by expanding the Scope of Services as set forth in the attached Exhibit "A", which is incorporated herein by reference not -to -exceed $36,500. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 15, 2008, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: 77 .✓- -- Ron Morrison, Mayor 4! ame) \70- (Print) Lr0 KLEINFELDER WEST, INC (Corporation — signatures of two corporate officers) APPROVED AS TO FORM: goa. By: George H. Eiser, III City Attorney (Title) (N.' e) (Print) j n . V1 4 p 4 “t1) CA 7 n (Title) KLE/NFELOER Bright People. Right Solutions. February 17, 2009 Project No. 95623 Mr. Kenneth Fernandez City of National City 1243 National City Boulevard National City, California 91950 Subject: Change Order No. 1 Project: National City Street Resurfacing Project, FY 08-09 National City, California Specification No. 08-04 Dear Mr. Fernandez, 5015 Shoreham Pace Sac D•oc,o, CA 92122 p1 858 320 2000 f 1858.320 2001 kleinfelder.com Due to additional requested services not included in our original scope, we are requesting this Change Order No. 1. The requested additional services are primarily associated with asphalt paving and slurry seal testing and inspection services. INSPECTION SERVICES Based on information provided to us, we budgeted time as shown in our estimated budget prepared June 18th 2008 for each aspect of our scope of work. The original estimated budget is shown as "Authorized Budget" in the chart below. We have been requested to provide the number of hours and the quantity of tests shown under the "Worked to Date" column. The difference between the estimated budget and "worked to date" is shown and the cost difference has been calculated. We anticipate the additional asphalt and slurry seal testing and inspection services will require an additional 40 hours and $6,500 in lab testing to complete the project. 95623/SD19C036 Page 1 of 3 February 17, 2009 Copyright 2009 Kleinfelder 5015 5norenarn Pace San D.ego, CA 92172 p1 858.320 2000 f 1858.320 2001 kleinfelder.com Worked to Date Authorized ''Budget Difference Total (dollars) Asphalt and Slurry Seal (Hours) 318 180 138 $ 1,1730.00 Asphalt and Slurry Seal Overtime (Hours) 17.5 0 101 $ 2,231.25 Laboratory Testing (Dollars) 42,942.00 2,400.00 18,942.00 $ 18,942.00 Additional Asphalt and Slurry Seal (Hours) 40 0 40 $ 3,400.00 Additional Laboratory Testing (Dollars) 6,500 0 6,500 $ 6,500.00 TOTAL: $ 49,303.25 As shown above the difference in testing and the estimated testing to complete the project would result in a change order of $49,303.25. However because time was not used for other budgeted tasks we are requesting a change order of 36,500.00. Current Authorized Budget: $ 51,400.00 Requested Change Order No. 1: $ 36,500.00 New Requested Authorization: $ 87,900.00 CLOSING We appreciate the opportunity to work with you on this project. If you have questions or need additional information, please contact our office at (858) 320-2000. Sincerely, KLEINFELDER WEST, INC. David W. Timms, PE Construction Engineer DWT:RCT:rp 95623/SDI9C036 Copyright 2009 Kleinfelder Ronald C. Thomson Operations Manager Page 2 of 3 February 17, 2009 5015 Shoreham Place San Diego, CA 92122 pl 858 320.2000 f 1858 320.2001 kleinfelder.com If you are in agreement with this change order request, please sign below and return this change order request to us. CITY OF NATIONAL CITY Acknowledged by Date 95623/SDI9C036 Page 3 of 3 February 17, 2009 Copyright 2009 Kleinfelder RESOLUTION NO. 2009 — 43 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. 1 TO AGREEMENT WITH KLEINFELDER WEST, INC., IN THE NOT -TO -EXCEED AMOUNT OF $36,500 TO PROVIDE ADDITIONAL MATERIAL TESTING SERVICES FOR THE NATIONAL CITY STREET RESURFACING PROJECT WHEREAS, the City entered into an agreement with Kleinfelder West, Inc., in the not -to -exceed amount of $51,400 to provide materials testing services for the National City Street Resurfacing Project; and WHEREAS, additional streets have been added to the National City Street Resurfacing Project, and continue to be added, which necessitates additional material testing. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment No. 1 to Agreement with Kleinfelder West, Inc., in the not -to -exceed amount of $36,500 to provide materials testing services for the National City Street Resurfacing Project. Said Amendment No. 1 to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 3rd day of March, 2009. Ron Morrison, Mayor ATTEST: f/ • 1.t 4/1 Mic ael R. Dalla, Ci Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on March 3, 2009 by the following vote, to -wit: Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City National City, California erk of the City By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2009-43 of the City of National City, California, passed and adopted by the Council of said City on March 3, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT 'ft..' MEETING DATE March 3, 2009 `.• AGENDA ITEM NO. 8 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 1 to the agreement with Kleinfelder West, Inc in the amount not -to -exceed $ 36,500 and authorizing the Mayor to execute the amendment to provide materials testing services in conjunction with the National City Street Resurfacing Project, FY 08-09 (Phase 2). (Funded by Traffic Congestion Relief, Gas Tax, Proposition A, and Proposition 1b Funds.) PREPARED BY Kenneth Fernandez DEPARTMENT Engineering EXT. 4388 EXPLANATION On July 15, 2008, the City entered into an agreement with Kleinfelder West, Inc in the amount not -to -exceed $51,400 for materials testing in conjunction with the Street Resurfacing Project per Resolution No. 2008- 138. Additional streets were added and continue to be added to the scope of work. The increase in work necessitates additional material testing. With approval of this amendment, the total authorized work will be $87,900 and is within the estimated budget for materials testing services per Resolution No. 2008-107. Environmental Review X N/A MIS Approval Financial Statement Approved By: ma c uirec The total cost for materials testing services is $87,900 and is within the estimated budget for this project. Funds are available in expenditure accounts 345-409-500-598-6035 (Traffic Congestion Relief), 109-409-500-598-6035 (Gas Tax), 307-409-500-598- 6035 (Prop A), and 346-409-500-598-6035 (Prop 1b) funds. Account No. STAFF RECOMMENDATION Adopt the Resolu BOARD / COMMISS '• N RECOMMENDATION N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment 3. Proposal for additional services A-200 (Rev. 7/03) City of National City Office of the City Clerk 1243 National City Boulevard, National City, CA 91950-4397 Michael R. Dalla, CMC - City Clerk (619) 336-4228 Fax: (619) 336-4229 March 9, 2009 Mr. John Pilkington Kleinfelder West, Inc. 5015 Shoreham Place San Diego, CA 92122 Dear Mr. Pilkington, On March 3rd, 2009, Resolution No. 2009-43 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment No. 1 to Agreement with Kleinfelder West, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed copy of the amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Department ® Recycled Paper