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Home My WebLink About2010 CON Ninyo & Moore - Amendment #1 Materials Testing Services Capital Improvement ProjectsFIRST AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE TO PROVIDE GEOTECHNICAL MATERIALS TESTING SERVICES FOR CITY PROJECTS ON AN AS -NEEDED BASIS This First Amendment to the Agreement is entered into this 5th day of October, 2010, 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 desire to amend the Agreement to extend the Agreement for one year, from October 7, 2010 to October 8, 2011, with an additional option for an additional year extension. AGREEMENT NOW, THEREFORE, the parties agree as follows: 1. The Length of the Agreement in Section 6 of the Agreement, is extended for one-year, from October 7, 2010 to October 8, 2011, and, 2. In addition to extending the term in Section 6 of the Agreement to October 8, 2011, the following is added to Section 6 of the Agreement: "The City may at its option, extend the agreement for an additional year i.e., through October 8, 2012", and, 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 Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Morrison, Mayor C =udia G. City Attorney NINYO & MOORE By: AVRAM NINYO Principal Engineer Margot A. Graves Assistant Secretary RESOLUTION NO. 2010 — 224 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH NINYO & MOORE TO PROVIDE ON -CALL GEO-TECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR AN ADDITIONAL ONE YEAR TERM WHEREAS, on October , 2009, the City Council adopted Resolution No. 2009- 246, authorizing the Mayor to execute an Agreement with Ninyo & Moore for a one-year period to provide on -call geo-technical materials testing services for various capital improvement projects for the not -to -exceed amount of $150,000; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year term, with no increase to the compensation, and include an option to extend the Agreement for another one-year term. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with Ninyo & Moore for a one-year period to provide on -call geo-technical materials testing services for various capital improvement projects, with an option to extend for one additional year. Said First Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of October, 2010. on Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk AP ROVED AS TO FORM: udia G. City Attorney Passed and adopted by the Council of the City of National City, California, on October 5, 2010 by the following vote, to -wit: Ayes: Councilmembers Morrison, Sotelo-Solis, Van Deventer, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California 4 At/Clerk of the City City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2010-224 of the City of National City, California, passed and adopted by the Council of said City on October 5, 2010. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT GaooLA -%a MEETING DATE: October 5, 2010 AGENDA ITEM NO. 7 ITEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement between the City and Ninyo & Moore to extend the Agreement for one-year, with option to extend for an additional year, to provide geotechnical materials testing services for City projects on an as - needed basis. (No change to the not -to -exceed amount of $150,000.00 in original Agreement). PREPARED BY: Lynn Col PHONE: 4318 EXPLANATION: DEPARTMENT: APPROVED BY: •vel.ern: -t Services// Engineering On October 20, 2009, the City and Ninyo & Moore entered into an Agreement to provide geotechnical materials testing services for City projects on an as -needed basis. The proposed resolution would be the first amendment to extend the Agreement for one-year, from October 7, 2010 to October 8, 2011, with an option to extend the Agreement for an additional year. Ninyo & Moore has a proven performance history and competitive pricing. Geotechnical materials testing services will be required in the near future as current Capital Improvement Projects move into the construction phase. It is anticipated that Capital Improvement Projects for next fiscal year will also require geotechnical materials testing services. Amending the Agreement will allow this to occur. All other terms and provisions of the Agreement would remain in full force and effect, including the not -to -exceed amount of $150,000.00. Year to date encumbrance is $27,866.00. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not to exceed $150,000. Year to date encumbrance is $27,866.00. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: TTACHMENTS: 1. First Amendment to the Agreement 2. 2009 Agreement with Ninyo & Moore 3. Resolution ao\o - R,E.sok.,�-C‘o,1 tso.Nary INC°114.011ATED October 12, 2010 Mr. Jeffrey Kent Ninyo & Moore 5710 Ruffin Road San Diego, CA 92123 Dear Mr. Kent, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone • 619-336-4229 fax On October 5th, 2010, Resolution No. 2010-224 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #1 to Agreement with Ninyo & Moore. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, thM Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.