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HomeMy WebLinkAbout2013 CON Ninyo & Moore - Materials Testing Services - Amendment #4FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE This Fourth 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 Ninyo & Moore, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on October 20, 2009, ("the Agreement") through the adoption of City of National City Council Resolution No. 2009-246, wherein the CONSULTANT agreed to provide on -call geotechnical materials testing services for various Capital Improvement Projects. WHEREAS, the original Agreement had a not -to -exceed amount of $150,000; and WHEREAS, the original Agreement was set to expire on October 6, 2010, with optional extensions when mutually agreed upon by the parties; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 224, approving the First Amendment to the Agreement extending the term of the Agreement through October 8, 2011; and WHEREAS, on October 4, 2011, the City Council adopted Resolution No. 2011- 224, approving the Second Amendment to the Agreement increasing the not -to -exceed amount by $150,000, for a total Agreement amount of $300,000, and extending the term of the Agreement through October 10, 2012; and WHEREAS, on October 2, 2012, the City Council adopted Resolution No. 2012- 195, approving the Third Amendment to the Agreement extending the term of the Agreement through October 11, 2013; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement through April 5, 2014. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on October 20, 2009 by extending the term of the Agreement an additional six months, specifically October 4, 2013 through April 5, 2014. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 20, 2009, 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 on Morrison, Mayor APPROVED AS TO FORM: Claudia r a Silva City Attor NINYO & MOORE (Signatures of two corporate officers required) By: Signature) 41.7 �iY� yL,a (Name) i /) (Title) Elatl ' By: (Signature) aa ice (Name) /¢.tS'l f tzall .ree-r e-j , (Title) RESOLUTION NO. 2013 — 156 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH NINYO & MOORE CORPORATION TO EXTEND THE TERM OF THE AGREEMENT TO APRIL 5, 2014 FOR ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS, EFFECTIVE AS OF OCTOBER 4, 2013 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- 224, 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, on October 2, 2012, the City Council adopted Resolution No. 2012- 195, approving the Third Amendment to the Agreement extending the term for one additional year, at no additional cost; and WHEREAS, to continue timely completion of Capital Improvement Projects, a Fourth Amendment to the Agreement is necessary to extend the term of the Agreement to April 5, 2014, effective as of October 4, 2013, at no additional cost to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fourth Amendment to the Agreement with Ninyo & Moore to extend the term of the Agreement to April 5, 2014, effective as of October 4, 2013, at no additional cost to the City, to provide on -call geotechnical materials testing services for various capital improvement projects at no additional cost to the City. Said Fourth Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of October, 2013. ATTEST: f/kA Michael R. Dalla, Ci Clerk n Morrison, Mayor RO AS TO FORM: audia tua Silva City Atto 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 ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-156 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 <. a c: e \ - COUNCIL AGENDA STATEMENT MEETING DATE: October 15, 2013 AGENDA ITEM NO. 13 i EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Fourth Amendment to the Agreement with Ninyo & Moore Corporation to extend the term of the Agreement to April 5, 2014 for on -call geotechnical materials testing services for various Capital Improvement Projects, effective as of October 4, 2013 (funded by various CIP projects) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: 4,0 FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS 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: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A —TACHMENTS: 1. Explanation 2. Fourth Amendment — Ninyo & Moore Corporation 3. Resolution - \ J C Explanation: On October 20, 2009, per City Council Resolution No. 2009-246, the City of National City entered into an agreement with Ninyo & Moore to provide on -call geotechnical materials testing services for various Capital Improvement Projects. The Agreement was for a not -to -exceed amount of $150,000 and a term of one year, with the option to extend. On October 5, 2010, the City Council adopted Resolution No. 2010-224, approving the First Amendment to the Agreement extending the term of the Agreement through October 8, 2011. On October 4, 2011, the City Council adopted Resolution No. 2011-224, approving the Second Amendment to the Agreement increasing the not -to -exceed amount by $150,000, for a total Agreement amount of $300,000, and extending the term of the Agreement through October 10, 2012. On October 2, 2012, the City Council adopted Resolution No. 2012-195, approving the Third Amendment to the Agreement extending the term of the Agreement through October 11, 2013. Ninyo & Moore is currently providing on -call geotechnical materials testing services for various "active" CIP projects. 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 Fourth Amendment to the Agreement to extend the term of the Agreement through April 5, 2014. If approved, said Fourth Amendment would be effective as of October 4, 2013. 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, including geotechnical materials testing 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 Fourth Amendment to the Agreement with Ninyo & Moore. FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND NINYO & MOORE This Fourth Amendment to the Agreement is entered into this 15`h day of October, 2013 by and between the City of National City, a municipal corporation ("CITY"), and Ninyo & Moore, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on October 20, 2009, ("the Agreement") through the adoption of City of National City Council Resolution No. 2009-246, wherein the CONSULTANT agreed to provide on -call geotechnical materials testing services for various Capital Improvement Projects. WHEREAS, the original Agreement had a not -to -exceed amount of $150,000; and WHEREAS, the original Agreement was set to expire on October 6, 2010, with optional extensions when mutually agreed upon by the parties; and WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 224, approving the First Amendment to the Agreement extending the term of the Agreement through October 8, 2011; and WHEREAS, on October 4, 2011, the City Council adopted Resolution No. 2011- 224, approving the Second Amendment to the Agreement increasing the not -to -exceed amount by $150,000, for a total Agreement amount of $300,000, and extending the term of the Agreement through October 10, 2012; and WHEREAS, on October 2, 2012, the City Council adopted Resolution No. 2012- 195, approving the Third Amendment to the Agreement extending the term of the Agreement through October 11, 2013; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to extend the term of the Agreement through April 5, 2014. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on October 20, 2009 to extend the term of the Agreement an additional six months, specifically October 4, 2013 through April 5, 2014. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 20, 2009, 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 NINYO & MOORE (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 FOURTH AMENDMENT TO THE AGREEMENT WITH NINYO & MOORE CORPORATION TO EXTEND THE TERM OF THE AGREEMENT TO APRIL 5, 2014 FOR ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS, EFFECTIVE AS OF OCTOBER 4, 2013 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- 224, 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, on October 2, 2012, the City Council adopted Resolution No. 2012- 195, approving the Third Amendment to the Agreement extending the term for one additional year, at no additional cost; and WHEREAS, to continue timely completion of Capital Improvement Projects, a Fourth Amendment to the Agreement is necessary to extend the term of the Agreement to April 5, 2014, effective as of October 4, 2013, at no additional cost to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Fourth Amendment to the Agreement with Ninyo & Moore to extend the term of the Agreement to April 5, 2014, effective as of October 4, 2013, at no additional cost to the City, to provide on -call geotechnical materials testing services for various capital improvement projects at no additional cost to the City. Said Fourth Amendment to Agreement is 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 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. Avram Ninyo Ninyo & Moore 5710 Ruffin Road San Diego, CA 92123 Dear Mr. Ninyo, On October 15th, 2013, Resolution No. 2013-156 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment No. 4 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. Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.