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HomeMy WebLinkAbout2011 CON Ninyo & Moore - Amendment #2 Materials Testing ServicesSECOND 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 This 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 N IONAL CITY By: NINYO & MOORE By: on Morrison, Mayor AVRAM NINYO Principal Engineer A -PROVED AS TO FORM: ilia /.LAW& C'udia G. Si City Attorne By: 2214ke (Y . Elaine Autus Assistant Secretary Client#: 704 NINYOMOORI ACORD- CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDONY) 10/14/09 PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Christine Silan THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Ninyo & Moore Geotechnical & Environmental Sciences Consultants 5710 Ruffin Road San Diego, CA 92123 INSURER A: American Automobile Ins. Co. INSURER B: Fireman's Fund Insurance Co. INSURER C: Lexington Ins. Co. INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MuloDNY) POLICY EXPIRATION DATE (MMIDDIYY} LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY I CLAIMS MADE 1 X1 OCCUR MZG80911156 10/03/09 10/03/10 EACH OCCURRENCE 01,000,000 $1,000,000 FIRE DAMAGE (Any one fire) MED EXP (Any one person) $10,000 X Contractual PERSONALS ADV INJURY $1,000,000 $2,000,000 02,000,000 X GENt RR Cont CG2417 GENERAL AGGREGATE AGGREGATE LIMIT APPt ES PER- POLICY I X 1 Mi X LOC PRODUCTS - COMP/OP AGG A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS MZG80911156 10/03/09 10/03/10 COMBINED SINGLE LIMIT -lEaacrident) $1,000,000 X BODILY INJURY (Per person) $ BODILY INJURY (Per accident)X $ X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ THAN EA ACC $ OTHER AUTO ONLY: AGO $ `—" B EXCESS LIABILITY OCCUR f 1 CLAIMS MADE DEDUCTIBLE RETENTION $ CGX71476790 10/03/09 10/03/10 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 X $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80973506 05/01/09 05/01/10 _ X s 1 Tr oRYUMT -. EL EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional & Contractor's Pollution Liab. 013001489 10/03/09 10/03/10 $5,000,000 per Claim $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City. CERTIFICATE HOLDER ADDfONAL INSURED; INSURER LETTER: City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 ACORD 25-S (7197)1 of 1 #M259476 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIt4x1$4$0XAX' X TO MAIL in DAYSWRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,X9L&xAAC:IflgCTCMMXBCXXXICK XXXX1 X10=XILA(6 116(KOPR AEIIXKALALIXDOQf9( X00[11612419X TCMC AUTHORIZED REPRESENTATIVE DAC 0 ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1) GENERAL LIABILITYIAUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City, its officers, employees, and volunteers. Insurance is primary per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. AMS 25.3 (07/97) 2 of 2 #M259476 POLICY NUMBER: MZG80911156 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organziation(s): City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 Location(s) Of Covered Operations REF: ALL OPERATIONS OF THE NAMED INSURED. GENERAL LIABILITY ADDITIONAL INSURED: City of National City. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section 1I - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equip- ment furnished in connection with such work, on the project (other than service, mainte- nance or repairs) to be performed by or on behalf of the additional insured(s) at the loca- tion of the covered operations has been com- pleted; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontrator engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 Copyright, ISO Properties, Inc., 2004 Page 1 of 1 UNIFORM WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZP80973506 Issued to: Ninyo & Moore Geotechnical & By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description City of National City Engineering Department Attn: Mauro Nebreja 1243 National City Blvd. National City, CA 91950 WC 04 03 06 (Ed. 4-84) REF: ALL OPERATIONS OF THE NAMED INSURED. City of National City. Countersigned by Authorized Representative Client#: 704 NINYOMOORI ACDRDn" CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) 10/04110 PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465-3090 Christine Silan THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW, INSURERS AFFORDING COVERAGE INSURED Ninyo & Moore Geotechn)cal & Environmental Sciences Consultants 5710 Ruffin Road San Diego, CA 92123 INSURER A: Travelers Property Casualty Co of Am INSURER B: American Automobile Ins. Co. INSURERC: Lexington Ins. Co. INSURER D: INSURER E COVERAGES THE ANY MAY POLICIES. POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IMMIDD/(Y) POLICY EXPIRATION DATE(MM/DOTYYI LIMITS A GENERALLIABILITY COMM ERGALGENERAL LIABILITY 6308986R247 10/03/10 10/03/11 EACH OCCURRENCE $1,000,000 X FIRE DAMAGE (Any ono Ere) $1,000,000 $10,000 CLAIMS MADE [ X 1 OCCUR MED EXP (Any one person) X X GENII Contractual PERSONAL & AOV INJURY $1,000,000 $2,000,000 $2,000,000 OCP GENERAL AGGREGATE AGGREGATE LIM RAPPL IES PER: POLICY X I JECT X LOC PRODUCTS •COMPIOP AGG A AUTOMOBILE X X X LIABILITY ANY AUTO 8108986R247 10/03/10 10/03/11 COMBINED SINGLE LIMIT (Ea accident) $1,000000 , BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGG $ A EXCESS X LIABILITY CUP8986R247 10/03/10 10/03/11 EACH OCCURRENCE $9,000,000 OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ AGGREGATE s9,000,000 $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY WZP80982095 05/01/10 05/01/11 X WORTIMUS I OR - E.L. EACH ACCIDENT _ $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional & Contractor's Pollution Llab. 013001588 10/03/10 10/03/11 $5,000,000 per Claim $5,000,000 Annl Aggr. DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS GENERAL LIABILITY POLICY EXCLUDES CLAIMS ARISING OUT OF THE PERFORMANCE OF PROFESSIONAL SERVICES. REF: Brownfield Revolving Loan Program. (See Attached Descriptions) I I ADDITIONAL INSURED; INSURER LETTER CANCELLATION City of National City Attn: Patricia Beard 1243 National City Blvd. National City, CA 91950-4301 SHOULD ANYOFTHE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WIC }JT TOMAIL3O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAM ED TOTH E LEFT,xILxxlpXDOEQICO2 313ak lautmenommocoommoxmooesnotatiamocxxxxxxstaceanotansem xmxxiaximeec AUTHORIZED REPRESENTATIVE ACORD 25-S (7197)1 of 2 #M274922 fir DAC 0 ACORD CORPORATION 1988 DESCRIPTIONS (Continued from Page 1 GENERAL LIABILITY/AUTOMOBILE LIABILITY ADDITIONAL INSURED: City of National City, its officers, employees, and volunteers. Insurance is primary per policy form. Waiver of Subrogation applies to Commercial General Liability, Automobile Liability and Workers Compensation. AMS 25.3 (07/97) 2 of 2 #M274922 POLICY NUMBER: 6308986R247 COMMERICAL GENERAL LIABILITY ISSUE DATE: 9/24/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. SCHEDULED ADDITIONAL INSURED - WRITTEN CONTRACT (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZATION(S): City of National City, its officers, employees, and volunteers. PROJECT/LOCATION OF COVERED OPERATIONS: All Operations of the Named Insured. PROVISIONS 1. The following is added to SECTION II - WHO IS AN INSURED: The person or organization shown in the Schedule above is an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage or "personal injury" and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insured provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the insurance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance" This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This insurance does not apply to the rendering of or failure to render any "professional services" or construction management errors or omissions. e. This insurance does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed operations hazard" unless the ''written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to that additional insured applies only to such "bodily injury" or "property damage" that occurs before the end of the period of time for which the "written contract requiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured shown in the Schedule above is excess over any valid and collectible "other CG D4 16 05 08 Page 1 of 2 © 2008 The Travelers Companies, Inc. COMMERICAL GENERAL LIABILITY insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured for a Toss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the additional insured under this Coverage Part must apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insurance provided to the additional insured still is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is add to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the additional insured: a. The additional insured must give us written notice as soon as practicable of an "occurrence" or an offense which may result in a claim. To the extent possible, such notice should include: i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the "occurrence" or offense. b. If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c. The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d. The additional insured must tender the defense and indemnity of any claim or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover. However, this condition does not affect whether this insurance provided to the additiona insured is primary to that other insurance available to the additional insured which covers that person or organization as a named insured. 4. The following definition is added to the DEFINITIONS Section: "Written contract requiring insurance" means that part of any written contract or agreement with the person or organization shown in the Schedule above, under which you are required to include that person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D4 16 05 08 Page 2 of 2 © 2008 The Travelers Companies, Inc. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below. (The following "attaching clause" needs to be completed only when this endorsement is issued subsequent to preparation of the policy.) This endorsement forms a part of Policy No. WZ P80982095 Issued to: Ninyo & Moore Geotechnical & By: American Automobile Ins. Co. Premium (if any) TBD We have a right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us). You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. The additional premium for this endorsement shall be 2-5% of the California workers compensation premium otherwise due on such remuneration. Person or Organization City of National City Attn: Patricia Beard 1243 National City Blvd. National City, CA 91950-4301 Schedule Job Description REF: Brownfield Revolving Loan Program. City of National City, its officers, employees, and volunteers. L7Yt/t--- WC 04 03 06 (Ed. 4-84) Countersigned by Authorized Representative RESOLUTION NO. 2011 — 224 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH NINYO & MOORE IN THE NOT TO EXCEED AMOUNT OF $150,000 TO PROVIDE ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR AN ADDITIONAL ONE YEAR TERM WHEREAS, on October 20, 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 geotechnical materials testing services for various capital improvement projects for the not to exceed amount of $150,000; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 223, authorizing the Mayor to execute the First Amendment to the Agreement to extend the term of the Agreement for one additional year through October 8, 2011, with no increase to the compensation; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year, expiring October 10, 2012, and increase the not to exceed amount by $150,000, for a new total not to exceed amount of $300,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to the Agreement with Ninyo & Moore for an additional one-year term expiring October 10, 2012, to provide on -call geotechnical materials testing services for various capital improvement projects, and an increase of the not to exceed amount by $150,000, for a new total not to exceed amount of $300,000. Said Second Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of October, 2011. ATTEST: Michael R. Dalla, City Clerk A ROVED AS TO FORM: CI=TCdia Gaci ilva City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on October 4, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Zarate. Nays: None. Absent: Councilmember Sotelo-Solis. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City rk of the City of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-224 of the City of National City, California, passed and adopted by the Council of said City on October 4, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 4, 2011 AGENDA ITEM NO. 5 ITEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement between the City and Ninyo & Moore Corporation to extend the term of the Agreement for one-year, and increase the Agreement by $150,000 for a total not -to -exceed amount of $300,000 to provide geotechnical materials testing services for City projects on an as -needed basis. PREPARED BY: Lynn Coltei` �� DEPARTMENT: Development Serygineering PHONE: 4318 APPROVED BY. EXPLANATION: Staff is requesting: 1), an extension to the Agreement for one-year, and 2) to increase the Agreement amount by $150,000 for a total not -to -exceed contract amount of $300,000. This will allow required material testing on the following Capital Improvement Projects: City-wide Safe Routes to School 8t" Street Sewer upsizing and undergrounding Storm drain improvements Concrete drainage improvements Street resurfacing ADA Park Improvements 8th Street Improvements (Smart Growth Project and Safe Routes to School) Coolidge Avenue Improvements. Additional information is attached. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time by increasing the Agreement by $150,000. Various Capital Improvement Projects will fund this agreement on an as needed basis. The total Agreement amount will not exceed $300,000. ENVIRONMENTAL REVIEW: ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 1. Explanation 2. Second Amendment to the Agreement 3. 2009 Agreement with Ninyo & Moore 4. Resolution 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 October 11, 2011 Mr. Avram Ninyo Ninyo & Moore 5710 Ruffin Road San Diego, CA 92123 Dear Mr. Ninyo, On October 4th, 2011, Resolution No. 2011-224 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment No. 2 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, o� Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.