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Home My WebLink About2012 CON Kimley-Horn & Associates - Amendment #3 Engineering Services Capital Improvement ProjectsTHIRD AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN & ASSOCIATES, INC This Amendment No. 3, to the Agreement, is entered into this 4th day of September, 2012 by and between the City of National City, a municipal corporation ("CITY"), and Kimley-Horn & Associates, Inc. (the "CONSULTANT'). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5th, 2010, ("the Agreement") through the adoption of City of National City Council Resolution No. 2010- 227 wherein the CONSULTANT agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, the original contract had a not -to -exceed amount of $100,000. WHEREAS, the agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by parties. WHEREAS, the parties amended the Agreement to increase the not -to -exceed limit by $100,000, for a total agreement amount of $200,000 through the adoption of National City Council Resolution No. 2010-142. WHEREAS, the parties amended the Agreement to increase the not -to -exceed limit by $200,000 for a total agreement amount of $400,000 through the adoption of National City Council Resolution No. 2012-22 on January 24, 2012. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 19, 2010, shall be amended by extending the agreement for one year and increasing the not -to -exceed amount by $300,000 for a total contract amount of $700,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5th, 2010, 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: on Morrison, ayor APPROVED AS TO FORM: Claudia City Att Kimley-Horn & Associates, Inc. By: ill CrL{ (Name) SJpvi n i s Li a Jew (Print) /� I Ddj,0i v,r e Y.'-f 5, N (Title) By: me) I (Print) f� �-kl Pfkaa / l a, N ems' (Title) RESOLUTION NO. 2012 — 188 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH KIMLEY HORN & ASSOCIATES, INC., EXTENDING THE TERM FOR ONE ADDITIONAL YEAR FOR THE NOT TO EXCEED AMOUNT OF $300,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR A TOTAL AGREEMENT AMOUNT OF $700,000 WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 227, approving a two-year Agreement with Kimley-Horn & Associates, Inc., to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects for a not to exceed amount of $100,000; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011- 142, approving the First Amendment to the Agreement increasing the not to exceed amount an additional $100,000, for a total Agreement amount of $200,000; and WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 22, approving the Second Amendment to the Agreement, increasing the not to exceed amount an additional $200,000, for a total Agreement amount of $400,000; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement for one additional year, for the not to exceed amount of $300,000, for a total Agreement amount of $700,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to the Agreement with Kimley-Horn & Associates, Inc., extending the term of the Agreement for one additional year, for the not to exceed amount of $300,000, to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects, for a total Agreement amount of $700,000. Said Third Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of September, 2012. on Morriso Mayor ATTEST: A -PROVED A .TO FO Dalla, N Mi ty Clerk U c el R. dia City Attor Passed and adopted by the Council of the City of National City, California, on September 4, 2012 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City National City, California CI rk of the City of By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-188 of the City of National City, California, passed and adopted by the Council of said City on September 4, 2012. City Clerk of the City of National City, California By: Deputy `!: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: September 4, 2012 AGENDA ITEM NO. 12 STEM TITLE: Resolution of the City Council of National City approving a third amendment to the Agreement between the City and Kimley-Horn & Associates, Inc. to extend the Agreement for one year and increasing the Not -to -Exceed amount an additional $300,000 to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects, and authorizing the Mayor to execute the amendment (Various Capital Improvement Project funds, no General funds) PREPARED BY: Barby Tipton PHONE: 4583 EXPLANATION: See attached. DEPARTMENT: Engineering APPROVED BY: 2 FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not exceeding the contract amount and amendments to such. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD I COMMISSION RECOMMENDATION: .TTACHMENTS: 1. Explanation 2. Amendment to Agreement 3. Resolution • • • Explanation The Engineering Department is tasked with administering the City's Capital Improvement Program (CIP), which currently consists of approximately 30 "active" projects valued at over $60,000,000. Every two to three years on -call engineering contracts are established through a competitive process to assist staff with project management, engineering/design, plan reviews, and construction management/inspections. On average, these services typically represent 40- 45% of the total cost of project delivery, with the remaining 55-60% available for procurement of materials and construction. On October 5, 2010, per City Council Resolution No. 2010-227, the City and Kimley-Horn & Associates, Inc. entered into an Agreement wherein Kimley-Horn & Associates, Inc. agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. The original Agreement had a not -to -exceed amount of $100,000. The Agreement will expire on October 6, 2012, but includes an optional extension of one year when mutually agreed upon by the parties. Through City Council Resolution No. 2010-142, the Agreement was amended to increase the not -to -exceed limit by $100,000 for a total Agreement amount of $200,000. Through City Council Resolution No. 2012-22, the Agreement was again amended to increase the not -to -exceed limit by $200,000 for a total Agreement amount of $400,000. This request is to extend the Agreement for one year, from October 6, 2012 to October 5, 2013, and increase the not -to -exceed amount by $300,000 for a total Agreement amount of $700,000. This extension and increase will allow for timely completion of Capital Improvement Projects. THIRD AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN & ASSOCIATES, INC This Amendment No. 3, to the Agreement, is entered into this 4th day of September, 2012 by and between the City of National City, a municipal corporation ("CITY"), and Kimley-Horn & Associates, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5th, 2010, ("the Agreement") through the adoption of City of National City Council Resolution No. 2010- 227 wherein the CONSULTANT agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, the original contract had a not -to -exceed amount of $100,000. WHEREAS, the agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by parties. WHEREAS, the parties amended the Agreement to increase the not -to -exceed limit by $100,000, for a total agreement amount of $200,000 through the adoption of National City Council Resolution No. 2010-142. WHEREAS, the parties amended the Agreement to increase the not -to -exceed limit by $200,000 for a total agreement amount of $400,000 through the adoption of National City Council Resolution No. 2012-22 on January 24, 2012. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 19, 2010, shall be amended by extending the agreement for one year and increasing the not -to -exceed amount by $300,000 for a total contract amount of $700,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5th, 2010, 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: Ron Morrison, Mayor APPROVED AS TO FORM: Claudia G. Silva City Attorney Kimley-Horn & Associates, Inc. By: 1 G (Name) ✓e/U i LGH VICA0: / (Print) / By: (Title) (Name) Pieliii,40 E. Ca4 ) (Print) On*rut licem cL9 Ct" (Title) (/ • • • RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH KIMLEY HORN & ASSOCIATES, INC., EXTENDING THE TERM FOR ONE ADDITIONAL YEAR FOR THE NOT TO EXCEED AMOUNT OF $300,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR A TOTAL AGREEMENT AMOUNT OF $700,000 WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 227, approving a two-year Agreement with Kimley-Horn & Associates, Inc., to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects for a not to exceed amount of $100,000; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011- 142, approving the First Amendment to the Agreement increasing the not to exceed amount an additional $100,000, for a total Agreement amount of $200,000; and WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 22, approving the Second Amendment to the Agreement, increasing the not to exceed amount an additional $200,000, for a total Agreement amount of $400,000; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement for one additional year, for the not to exceed amount of $300,000, for a total Agreement amount of $700,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Third Amendment to the Agreement with Kimley-Horn & Associates, Inc., extending the term of the Agreement for one additional year, for the not to exceed amount of $300,000, to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects, for a total Agreement amount of $700,000. Said Third Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 4th day of September, 2012. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 CORpo#t.1 •' Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax September 13, 2012 Mr. Matthew Capuzzi Kimley-Horn & Associates, Inc. 401 B Street, Suite 600 San Diego, CA 92101 Dear Mr. Capuzzi, On September 4th, 2012, Resolution No. 2012-188 Council of the City of National City, authorizing Agreement with Kimley-Horn & Associates, Inc. We are enclosing for your records a certified copy executed original Amendment. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept. was passed and adopted by the City execution of Amendment #3 to an of the above Resolution and a fully