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HomeMy WebLinkAbout2013 CON Bureau Veritas North America - Engineering Services Capital Improvement Projects - Amendment #4FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUREAU VERITAS NORTH AMERICA, INC. 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 Bureau Veritas North America, Inc., (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on October 19, 2010, ("the Agreement") through the adoption of City of National City Council Resolution No. 2010-234, 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 $100,000; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-140, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $100,000, for a total Agreement amount of $200,000; and WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 19, approving the Second Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $500,000; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No. 2012- 185, approving the Third Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $800,000, and extending the term of the Agreement through October 6, 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, without any increase to the total Agreement amount. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on October 19, 2010 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 19, 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: R6n Morrison, Mayor - PROVED AS TO FORM: lau City acitua Silva y BUREAU VERITAS NORTH AMERICA, INC. (Signatures of two corporate officers required) By:.&ice x ( gnature) (Name) By: (Title) (Signature) C4;/t5 SilrYrd% (Name) (Title) RESOLUTION NO. 2013 — 157 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC., TO EXTEND THE TERM OF THE AGREEMENT TO APRIL 5, 2014 FOR ON -CALL GENERAL ENGINEERING SERVICES, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on October 19, 2010, the City Council adopted Resolution No. 2010- 234, approving a two-year Agreement with Bureau Veritas North America, 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. 2011-140, 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, a Second Amendment was approved by the City Council on January 24, 2012, through the adoption of Resolution 2012-19, for an additional $300,000, for a total Agreement amount of $500,000, to keep National City projects on schedule to meet various funding expenditure requirements and commitments to the citizens of National City; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No. 2012-185, approving the Third Amendment to the Agreement extending the term for one additional year and increasing the not to exceed amount an additional $300,000, for a total Agreement amount of $800,000; 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 for one additional year with no increase to the total Agreement amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fourth Amendment to the Agreement with Bureau Veritas North America, Inc., extending the term of the Agreement for one additional year at no additional cost to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects. Said Fourth Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of October, 2013. 3. :.n Morrison, Mayor ATTEST: Q� wif/lG- Michael R. Dalla, Ci y Clerk ED AS TO FORM: Claud'-t acitua Silva City Att 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 N Nlational City C erk of the City of City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-157 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 MEETING DATE: October 15, 2013 AGENDA ITEM NO. 14 i 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 Bureau Veritas North America, Inc. to extend the term of the Agreement to April 5, 2014 for on -call general engineering services, construction inspections and project management 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: 2 FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: 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 "TTACHMENTS: 1. Explanation 2. Fourth Amendment — BVNA 3. Resolution Explanation: On October 19, 2010, per City Council Resolution No. 2010-234, the City of National City entered into an agreement with Bureau Veritas North America, Inc. 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 $100,000 and a term of two years, with the option to extend. On July 5, 2011, the City Council adopted Resolution No. 2011-140, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $100,000. On January 24, 2012, the City Council adopted Resolution No. 2012-19, 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. 2012-185, 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. Bureau Veritas North America is currently performing construction management and inspection services for the following "active" CIP project: • Citywide Pedestrian Crossing Enhancements In order to keep this project 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. 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 Bureau Veritas North America. FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUREAU VERITAS NORTH AMERICA, INC. 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 Bureau Veritas North America, Inc., (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on October 19, 2010, ("the Agreement") through the adoption of City of National City Council Resolution No. 2010-234, 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 $100,000; and WHEREAS, on July 5, 2011, the City Council adopted Resolution No. 2011-140, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $100,000, for a total Agreement amount of $200,000; and WHEREAS, on January 24, 2012, the City Council adopted Resolution No. 2012- 19, approving the Second Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $500,000; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No. 2012- 185, approving the Third Amendment to the Agreement increasing the not -to -exceed amount by $300,000, for a total Agreement amount of $800,000, and extending the term of the Agreement through October 6, 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, without any increase to the total Agreement amount. AGREEMENT NOW, THEREFORE, the parties hereby agree to amend the Agreement entered into on October 19, 2010 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 19, 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 BUREAU VERITAS NORTH AMERICA, INC. (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 BUREAU VERITAS NORTH AMERICA, INC., TO EXTEND THE TERM OF THE AGREEMENT TO APRIL 5, 2014 FOR ON -CALL GENERAL ENGINEERING SERVICES, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on October 19, 2010, the City Council adopted Resolution No. 2010- 234, approving a two-year Agreement with Bureau Veritas North America, 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. 2011-140, 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, a Second Amendment was approved by the City Council on January 24, 2012, through the adoption of Resolution 2012-19, for an additional $300,000, for a total Agreement amount of $500,000, to keep National City projects on schedule to meet various funding expenditure requirements and commitments to the citizens of National City; and WHEREAS, on September 4, 2012, the City Council adopted Resolution No. 2012-185, approving the Third Amendment to the Agreement extending the term for one additional year and increasing the not to exceed amount an additional $300,000, for a total Agreement amount of $800,000; 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 for one additional year with no increase to the total Agreement amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Fourth Amendment to the Agreement with Bureau Veritas North America, Inc., extending the term of the Agreement for one additional year at no additional cost to provide on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects. Said Fourth 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 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. Dalia, CMC - City Clerk October 21, 2013 Ms. Heather Bush Bureau Veritas North America, Inc. 11590 West Bernardo Court, Suite 100 San Diego, CA 92127 Dear Ms. Bush, On October 15th, 2013, Resolution No. 2013-157 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #4 to an Agreement with Bureau Veritas North America, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, /4 i8J Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.