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HomeMy WebLinkAbout2012 CON Ninyo & Moore - Amendment #3 Materials Testing ServicesTHIRD 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 third Amendment to the Agreement is entered into this 2nd day of October, 2012, 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 executed a Second Amendment to the Agreement to extend the term for one additional year, from October 9, 2011 to October 10, 2012, and increase the Agreement by $150,000 for a total not -to -exceed Agreement amount of $300,000. D. The parties desire to amend the Agreement to extend the contract for one additional year, from October 10, 2012 to October 11, 2013. E. The City wishes to amend the Original Agreement to add language to the Agreement pertaining to the use of Tax Increment and/or 2011 Tax Allocation Bond funding, pursuant to and consistent with the Cooperation Agreement for Commission's Payment of Certain Costs by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011 ("Cooperation Agreement"). NOW, THEREFORE, the parties agree as follows: 1. Section 4 (Compensation and Payment) of the Agreement is amended to add the following language: "CONSULTANT" acknowledges and accepts that CITY is undertaking development of the following Capital Improvement Projects: 8th Street Corridor Smart Growth Revitalization/Safe Routes to School, 8th Street Safety Enhancements, Highland Avenue Corridor Safety Enhancements, D Avenue Community Corridor/12t Street and D Avenue Roundabout, Coolidge Avenue Community Corridor/Safe Routes to School, 4th Street Community Corridor, Las Palmas Park Improvements, Kimball Park Improvements, Aquatic Center projects pursuant to its obligations set forth in the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City, and that CITY is not committing its general funds to payment for these services, but rather the 2011 Tax Allocation Bond proceeds, tax increment funds, and/or funds provided by the other non -city funding sources will be used for such payments. 2. Section 6 of the Agreement is amended to extend the term of the Agreement for one year, from October 10, 2012 to October 11, 2013. 3. The following language is added to the Agreement, as follows: WHEREAS, certain Capital Improvement Projects that will be utilizing Tax Increment and/or 2011 Tax Allocation Bond funding, and may require the geotechnical materials testing services for City projects on an as - needed basis; and WHEREAS, pursuant to and consistent with the Cooperation Agreement for Commission's Payment of Certain Costs by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011 ("Cooperation Agreement'), the City is undertaking development of the following Capital Improvement Projects: 8`" Street Corridor Smart Growth Revitalization/Safe Routes to School, 8r' Street Safety Enhancements, Highland Avenue Corridor Safety Enhancements, D Avenue Community Corridor/12Th Street and D Avenue Roundabout, Coolidge Avenue Community Corridor/Safe Routes to School, 4th Street Community Corridor, Las Palmas Park Improvements, Kimball Park improvements, Aquatic Center, some of which may require geotechnical materials testing services, on behalf of the Community Development Commission; and WHEREAS said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Capital Improvement Projects but rather obligates the use of non -General Funding such as 2011 Tax Allocation bonds and/or Tax Increment funding. 4. Each and every term of the Agreement dated October 6, 2009 shall remain in full force and effect, except for the amendment contained herein. IN WITNESS WHEREOF, the parties hereto have executed this third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY 8 : on Morrison, Mayor VED AS TO FORM: Cla City Attar NINYO & MOORE By: AVRAM NINYO Principal Engineer"" ��� By: C.CG�.!/h e (! ' i! - ( o- ELAINE AUTUS Assistant Secretary RESOLUTION NO. 2012 — 195 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A THIRD AMENDMENT TO THE AGREEMENT WITH NINYO & MOORE TO EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR TO PROVIDE ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS 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, a Second Amendment to the Agreement was approved by the City Council on October 4, 2011, by adopting Resolution No. 2011-224, extending the term one additional year for the not to exceed amount of $150,000, for a total Agreement amount of $300,000; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year, expiring October 11, 2013, at no additional cost. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Third Amendment to the Agreement with Ninyo & Moore for an additional one-year term expiring October 11, 2013, to provide on -call geotechnical materials testing services for various capital improvement projects at no additional cost to the City. Said Third Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of October, 212. ison, May ATTEST: th/a Mic ael R. Dalla,erk OVED AS TO FORM: Passed and adopted by the Council of the City of National City, California, on October 2, 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 CI rk of the City o National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-195 of the City of National City, California, passed and adopted by the Council of said City on October 2, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: October 2, 2012 AGENDA ITEM NO. 3 TEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Third Amendment to the Agreement between the City of National City and Ninyo & Moore Corporation to extend the term of the Agreement for one-year to provide geotechnical materials testing services for City projects on an as - needed basis. PREPARED BY: Barby Tipton, Project Officer PHONE: 4583 EXPLANATION: See attached. DEPARTMENT: Development Services/Engineering APPROVED BY: 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. 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. Third Amendment to the Agreement 3. Resolution Explanation In August, 2009, the Development Services Department, Engineering Division solicited Request for Proposals (RFP) from firms to provide geotechnical materials testing services for various Capital Improvement Projects. Five RFP's were received and two firms were selected to provide the needed on -call services; Ninyo & Moore Corporation and Southern California Soil & Testing, Inc. On October 20, 2009, the City and Ninyo & Moore Corporation entered into an Agreement to provide geotechnical materials testing services for City projects on an as - needed basis. On October 5, 2010, the City and Ninyo & Moore Corporation entered into a First Amendment to the Agreement to extend the Agreement for one-year, from October 7, 2010 to October 8, 2011, and added to the Agreement, that the City may at its option, extend the agreement for an additional year, i.e., through October 8, 2012. On October 4, 2011 the second amendment to the Agreement was approved to (1) extend the Agreement for one-year, from October 9, 2011 to October 10, 2012; and 2) increased the Agreement by $150,000 for a total not -to -exceed contract amount of $300,000. This amendment, if approved will not increase the dollar amount; only the term of the agreement will be extended. Additional limiting language for Capital Improvement Projects utilizing Tax Increment and/or 2011 Tax Allocation Bond funding has also been included. Ninyo & Moore Corporation is currently conducting geotechnical materials and testing services on projects that will not be completed prior to the expiration of this Agreement. The following Capital Improvement Projects are moving into the construction phase, and will require materials testing: • Citywide Sewer upsizing and undergrounding • Street resurfacing • Removal of Underground storage tank 2200 Hoover Avenue Additionally, several upcoming Capital Improvement Projects will require geotechnical materials testing as they move forward. They include: • 8th Street Improvements (Smart Growth Project and Safe Routes to School) • Coolidge Avenue Improvements • D Avenue Roundabout • Aquatic Center Geotechnical materials testing services account for approximately 3% of the total project cost. Staff has calculated the amount needed for material testing services and has determined that current Council approved balances should be adequate to cover the needed material testing through the current fiscal year. The various Capital Improvement Projects will fund the required testing. THIRD 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 third Amendment to the Agreement is entered into this 2"d day of October, 2012, 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 executed a Second Amendment to the Agreement to extend the term for one additional year, from October 9, 2011 to October 10, 2012, and increase the Agreement by $150,000 for a total not -to -exceed Agreement amount of $300,000. D. The parties desire to amend the Agreement to extend the contract for one additional year, from October 10, 2012 to October 11, 2013. E. The City wishes to amend the Original Agreement to add ianguage to the Agreement pertaining to the use of Tax Increment and/or 2011 Tax Allocation Bond funding, pursuant to and consistent with the Cooperation Agreement for Commission's Payment of Certain Costs by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011 ("Cooperation Agreement'). NOW, THEREFORE, the parties agree as follows: 1. Section 4 (Compensation and Payment) of the Agreement is amended to add the following language: "CONSULTANT" acknowledges and accepts that CITY is undertaking development of the following Capital Improvement Projects: 8th Street Corridor Smart Growth Revitalization/Safe Routes to School, 8th Street Safety Enhancements, Highland Avenue Corridor Safety Enhancements, D Avenue Community Corridor/12th Street and D Avenue Roundabout, Coolidge Avenue Community Corridor/Safe Routes to School, 4th Street Community Corridor, Las Palmas Park Improvements, Kimball Park Improvements, Aquatic Center projects pursuant to its obligations set forth in the Cooperation Agreement by and between the City of National City and the Community Development Commission of the City of National City, and that CITY is not committing its general funds to payment for these services, but rather the 2011 Tax Allocation Bond proceeds, tax increment funds, and/or funds provided by the other non -city funding sources will be used for such payments. 2. Section 6 of the Agreement is amended to extend the term of the Agreement for one year, from October 10, 2012 to October 11, 2013. 3. The following language is added to the Agreement, as follows: WHEREAS, certain Capital Improvement Projects that will be utilizing Tax Increment and/or 2011 Tax Allocation Bond funding, and may require the geotechnical materials testing services for City projects on an as - needed basis; and WHEREAS, pursuant to and consistent with the Cooperation Agreement for Commission's Payment of Certain Costs by and between the City of National City and the Community Development Commission of the City of National City adopted on February 15, 2011 ("Cooperation Agreement'', the Ci is undertaking development of the following Capital Improvement Projects: 8 Street Corridor Smart Growth Revitalization/Safe Routes to School, 8tt' Street Safety Enhancements, Highland Avenue Corridor Safety Enhancements, D Avenue Community Corridor/12Th Street and D Avenue Roundabout, Coolidge Avenue Community Corridor/Safe Routes to School, 4tt` Street Community Corridor, Las Palmas Park Improvements, Kimball Park Improvements, Aquatic Center, some of which may require geotechnical materials testing services, on behalf of the Community Development Commission; and WHEREAS said Cooperation Agreement does not constitute a pledge of the use of General Funds for the Capital Improvement Projects but rather obligates the use of non -General Funding such as 2011 Tax Allocation bonds and/or Tax Increment funding. 4. Each and every term of the Agreement dated October 6, 2009 shall remain in full force and effect, except for the amendment contained herein. IN WITNESS WHEREOF, the parties hereto have executed this third Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY NINYO & MOORE By: By: Ron Morrison, Mayor AVRAM NINYO Principal Engineer APPROVED AS TO FORM: By: ELAINE AUTUS Assistant Secretary Claudia G. Silva City Attorney 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 NINYO & MOORE TO EXTEND THE TERM OF THE AGREEMENT FOR ONE YEAR TO PROVIDE ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS 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, a Second Amendment to the Agreement was approved by the City Council on October 4, 2011, by adopting Resolution No. 2011-224, extending the term one additional year for the not to exceed amount of $150,000, for a total Agreement amount of $300,000; and WHEREAS, the parties desire to extend the term of the Agreement for an additional one-year, expiring October 11, 2013, at no additional cost. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Third Amendment to the Agreement with Ninyo & Moore for an additional one-year term expiring October 11, 2013, to provide on -call geotechnical materials testing services for various capital improvement projects at no additional cost to the City. Said Third Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 2nd day of October, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney 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 17, 2012 Mr. Avram Ninyo Ninyo & Moore 5710 Ruffin Road San Diego, CA 92123 Dear Mr. Ninyo, On October 2nd, 2012, Resolution No. 2012-195 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment No. 3 to an Agreement with Ninyo & Moore. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, 11122r1JAP Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.