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HomeMy WebLinkAbout2013 CON Project Professionals - Project Management Services Capital Improvement Projects - Amendment #5FIFTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION This Fifth Amendment to the Agreement is entered into this 15th day of October, 2013 by and between the City of National City, a municipal corporation ("CITY"), and Project Professionals Corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5, 2010, ("the Agreement") through the adoption of City of National City Council Resolution No. 2010-225, 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 Agreement had a not -to -exceed amount of $300,000; and WHEREAS, the original Agreement was set to expire on October 6, 2012, with optional extensions when mutually agreed upon by the parties; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-143, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $600,000; and WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 20, approving the Second Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $900,000; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No. 2012- 187, approving the Third Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $1,200,000, and extending the term of the Agreement through October 6, 2013; and WHEREAS, on May 7, 2013, the City Council adopted Resolution No. 2013-59, approving the Fourth Amendment to the Agreement increasing the not -to -exceed amount by $430,000, for a total Agreement amount of $1,630,000, and extending the term of the Agreement through October 5, 2014; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to increase the not -to -exceed amount by $300,000, for a total Agreement amount of $1,930,000. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on October 5, 2010 to increase the not -to -exceed amount by $300,000, for a total Agreement amount of $1,930,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5, 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: C City A n Morrison, ayor PROVED AS TO FORM: a Silva PROJECT PROFESSIONALS CORPORATION (Signatures of two corporate officers required) By: By: (Name) f z_ i► 1e c) (Title) (Signature) Lean IY ( .O. IiacdG�- RESOLUTION NO. 2013 — 155 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $300,000 FOR ON -CALL GENERAL ENGINEERING SERVICES, CONSTRUCTION INSPECTIONS AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 225, approving a two-year Agreement with Project Professionals Corporation to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects for a not to exceed amount of $300,000; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-143, approving the First Amendment to the Agreement increasing the not to exceed amount an additional $300,000, for a total Agreement amount of $600,000; and WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 20, approving the Second Amendment to the Agreement, increasing the not to exceed amount an additional $300,000, for a total Agreement amount of $900,000; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No. 2012-187, approving the Third Amendment to the Agreement, extending the term of the Agreement for one additional year for the not to exceed amount of $300,000, for a total Agreement amount of $1,200,000; and WHEREAS, on May 7, 2013, the City Council adopted Resolution No. 2013-59, approving the Fourth Amendment to the Agreement, extending the term of the Agreement until completion of on -going Capital Improvement Projects, but no later than October 5, 2014, for the not to exceed amount of $430,000, for a total Agreement amount of $1,630,000; and WHEREAS, to continue timely completion of Capital Improvement Projects, a Fifth Amendment to the Agreement is necessary to increase the not to exceed amount of the Agreement by $300,000, for a total Agreement amount of $1,930,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fifth Amendment to the Agreement with Project Professionals Corporation for the not to exceed amount of $300,000, for a total Agreement amount of $1,930,000. Said Fifth Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of October 013. ATTEST: /ityMichael R. Dalla,lerk or rn Morrison, Y ayor PROVED AS TO FORM: audi City A Gaci rney a Silva Passed and adopted by the Council of the City of National City, California, on October 15, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California City Clerk 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. 2013-155 of the City of National City, California, passed and adopted by the Council of said City on October 15, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT EETING DATE: October 15, 2013 AGENDA ITEM NO. 12 EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fifth Amendment to the Agreement with Project Professionals Corporation to increase the not -to -exceed amount of the Agreement by $300,000 for on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects (funded by various CIP projects) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached • DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. There is no financial impact at this time. Funds will be encumbered on an as -needed basis from previously approved CIP project appropriations. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATACHMENTS: 1. Explanation 2. Fifth Amendment — Project Professionals Corporation 3. Resolution �\ L.\ \_,c. Explanation: On October 5, 2010, per City Council Resolution No. 2010-225, the City of National City entered into an agreement with Project Professionals Corporation to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. The Agreement was for a not -to - exceed amount of $300,000 and a term of two years, with the option to extend. On July 5, 2011, the City Council adopted Resolution No. 2011-143, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $300,000. On January 24, 2012, the City Council adopted Resolution No. 2012-20, approving the Second Amendment to the Agreement increasing the not -to -exceed amount by $300,000. On September 4, 2012, the City Council adopted Resolution No. 2012-187, approving the Third Amendment to the Agreement increasing the not -to -exceed amount by $300,000 and extending the term of the Agreement through October 6, 2013. On May 7, 2013, the City Council adopted Resolution No. 2013-59, approving the Fourth Amendment to the Agreement increasing the not -to -exceed amount by $430,000 and extending the term of the Agreement through October 5, 2014. Project Professionals Corporation is currently performing construction management and inspection services for the following "active" CIP projects: • National City Aquatic Center • 8th Street Smart Growth Revitalization (Trolley Station to Highland Ave) • 8th Street Safety Enhancements (Highland Ave to Palm Ave) • Community Corridor Improvements (4th St, "D" Ave, Coolidge Ave & 18th St) • WI-TOD / PW Relocation • Police Department Electrical Upgrades • Police Department Property & Evidence Room Upgrades • Civic Center Chiller (Airside) Upgrades • Kimball Tower Boiler Replacement In order to keep these projects on schedule to meet various funding expenditure requirements and commitments to the residents of National City, staff is requesting a Fifth Amendment to the Agreement to add an additional $300,000. National City's 5-Year CIP is estimated to deliver over $53 million in capital projects for residents of National City. In order to successfully deliver these projects, staff will be administering a competitive Request for Qualifications (RFQ) for various engineering and construction support services. This process is estimated to take approximately four months. In the interim, staff will need to rely on existing "On -call" service contracts for assistance with project delivery. Therefore, staff recommends execution of a Fifth Amendment to the Agreement with Project Professionals Corporation. FIFTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONALS CORPORATION This Fifth Amendment to the Agreement is entered into this 15th day of October, 2013 by and between the City of National City, a municipal corporation ("CITY"), and Project Professionals Corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5, 2010, ("the Agreement") through the adoption of City of National City Council Resolution No. 2010-225, 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 Agreement had a not -to -exceed amount of $300,000; and WHEREAS, the original Agreement was set to expire on October 6, 2012, with optional extensions when mutually agreed upon by the parties; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-143, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $600,000; and WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 20, approving the Second Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $900,000; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No. 2012- 187, approving the Third Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $1,200,000, and extending the term of the Agreement through October 6, 2013; and WHEREAS, on May 7, 2013, the City Council adopted Resolution No. 2013-59, approving the Fourth Amendment to the Agreement increasing the not -to -exceed amount by $430,000, for a total Agreement amount of $1,630,000, and extending the term of the Agreement through October 5, 2014; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to increase the not -to -exceed amount by $300,000, for a total Agreement amount of $1,930,000. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on October 5, 2010 to increase the not -to -exceed amount by $300,000, for a total Agreement amount of $1,930,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5, 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 PROJECT PROFESSIONALS CORPORATION (Signatures of two corporate officers required) By: By: Ron Morrison, Mayor (Signature) (Name) APPROVED AS TO FORM: (Title) Claudia Gacitua Silva City Attorney By: (Signature) (Name) (Title) RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIFTH AMENDMENT TO THE AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $300,000 FOR ON -CALL GENERAL ENGINEERING SERVICES, CONSTRUCTION INSPECTIONS AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 225, approving a two-year Agreement with Project Professionals Corporation to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects for a not to exceed amount of $300,000; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-143, approving the First Amendment to the Agreement increasing the not to exceed amount an additional $300,000, for a total Agreement amount of $600,000; and WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 20, approving the Second Amendment to the Agreement, increasing the not to exceed amount an additional $300,000, for a total Agreement amount of $900,000; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No. 2012-187, approving the Third Amendment to the Agreement, extending the term of the Agreement for one additional year for the not to exceed amount of $300,000, for a total Agreement amount of $1,200,000; and WHEREAS, on May 7, 2013, the City Council adopted Resolution No. 2013-59, approving the Fourth Amendment to the Agreement, extending the term of the Agreement until completion of on -going Capital Improvement Projects, but no later than October 5, 2014, for the not to exceed amount of $430,000, for a total Agreement amount of $1,630,000; and WHEREAS, to continue timely completion of Capital Improvement Projects, a Fifth Amendment to the Agreement is necessary to increase the not to exceed amount of the Agreement by $300,000, for a total Agreement amount of $1,930,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fifth Amendment to the Agreement with Project Professionals Corporation for the not to exceed amount of $300,000, for a total Agreement amount of $1,930,000. Said Fifth Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of October, 2013. Ron Morrison, Mayor ATTEST: APPROVED AS TO FORM: Michael R. Dalla, City Clerk Claudia Gacitua Silva City Attorney 81PL r:l. CITY OF NATIONAL CITY Office of the City Clerk 1243 National City Blvd., National City, California 91950 619-336-4228 phone / 619-336-4229 fax Michael R. Dalla, CMC - City Clerk October 21, 2013 Mr. Byron Wade Project Professionals Corporation 656 Fifth Avenue, Suite W San Diego, CA 92101 Dear Mr. Wade, On October 15th, 2013, Resolution No. 2013-155 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #5 to an Agreement with Project Professionals Corporation. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.