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HomeMy WebLinkAbout2013 CON RBF Consulting - 8th St Traffice Safety Enhancements Project - 1st AmendmentFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RBF CONSULTING This First 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 RBF Consulting, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an Agreement on July 20, 2010, ("the Agreement") through the adoption of City of National City Council Resolution No. 2010-161, wherein the CONSULTANT agreed to provide civil engineering and construction support services for the National City 8th Street Safety Enhancements ("J" Avenue to Palm Avenue) Project; and WHEREAS, the original Agreement had a not -to -exceed amount of $146,863; and WHEREAS, in order to keep the Project on schedule to meet Federal Highway Safety Improvement Program (HSIP) grant requirements, the City Engineer approved six change orders to the Agreement increasing the not -to -exceed amount by $42,450, for a total Agreement amount of $189,313; and WHEREAS, said change orders required extension of the preliminary project schedule from the originally anticipated date of April 8, 2011 to September 30, 2013; and WHEREAS, to continue timely completion of the project through construction, the parties desire to extend the term of the Agreement to September 30, 2014 and increase the not -to -exceed amounE by $30,000, for a total Agreement amount of $219,313. AGREEMENT NOW, THEREFORE, the parties amend the Agreement entered into on July 20, 2010 as follows: 1. Extend the term of the Agreement through September 30, 2014, by amending Paragraph Number 6 of the Agreement by adding the following: In the event the completion dates in Exhibit "A" are, or have been extended, all work shall be completed no later than September 30, 2014. 2. Increase the not -to -exceed amount by $30,000, for a total Agreement amount of $219,313. 3. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 20, 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 RBF CONSULTING (Signatures of two corporate officers required) By: /,� 'n Morrison, Mayor PROVED AS TO FORM: C and City A citua Silva By: ��/% (Si na tire, (Name) ✓Gr r (Title) CZ (Name) d\ (Title) RESOLUTION NO. 2013 — 161 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH RBF CONSULTING EXTENDING THE TERM AND INCREASING THE NOT -TO -EXCEED AMOUNT BY $30,000 FOR CIVIL ENGINEERING AND CONSTRUCTION SUPPORT SERVICES FOR THE NATIONAL CITY 8TH STREET SAFETY ENHANCEMENTS ("J" AVENUE TO PALM AVENUE) PROJECT WHEREAS, on July 20, 2010, the City adopted Resolution No. 2010-16 entering into an Agreement with RBF Consulting to provide civil engineering and construction support services for the National City 8th Street Safety Enhancements ("J" Avenue to Palm Avenue) Project for the not -to -exceed amount of $146,863; and WHEREAS, in order to keep the Project on schedule to meet Federal Highway Safety Improvement Program (HSIP) grant requirements, the City Engineer approved six change orders to the Agreement increasing the not -to -exceed amount by $42,450, for a total Agreement amount of $189,313; and WHEREAS, said change orders required extension of the preliminary project schedule from the originally anticipated date of April 8, 2011 to September 30, 2013; and WHEREAS, to continue timely completion of the Project through construction, the parties desire to extend the term of the Agreement to September 30, 2014 and increase the not - to -exceed amount by $30,000, for a total Agreement amount of $219,313. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with RBF Consulting extend the term of the Agreement to September 30, 2014 and to increase the not to exceed amount by $30,000, for a total Agreement amount of $219,313, to provide civil engineering services for the construction of traffic safety enhancements for the Project. Said First Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 15th day of October, 2013. ATTEST: Michael R. Dalla, ity Clerk PROVED AS TO FORM: 14.4. T--udiaitua Silva City Att• 'Ron Morrison, Mayor 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. 2013-161 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. J`8 EM TITLE: rcesolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with RBF Consulting to increase the not -to -exceed amount of the Agreement by $30,000 for civil engineering and construction support services for the National City 8th Street Safety Enhancements ("J" Avenue to Palm Avenue) Project (funded by Prop A and Gas Tax) PREPARED BY: Stephen Manganiello PHONE: 336-4382 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: //6 FINANCIAL STATEMENT: ACCOUNT NO. #307-409-500-598-6558 (Prop A - #109-409-500-598-6573 (Gas Tax ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: APPROVED: Finance APPROVED: MIS Traffic Signal Upgrades): $6,000 - Transportation System Improvements): $24,000 FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: 1. Explanation 2. First Amendment — RBF Consulting 3. Resolution Explanation: On July 20, 2010, per City Council Resolution No. 2010-161, the City of National City entered into an agreement with RBF Consulting to provide civil engineering and construction support services for the National City 8th Street Safety Enhancements ("J" Avenue to Palm Avenue) Project. The Agreement was for a not -to -exceed amount of $146,863. In order to keep the project on schedule to meet Federal Highway Safety Improvement Program (HSIP) grant requirements, the City Engineer approved six change orders to the Agreement increasing the not -to -exceed amount by $42,450, for a total Agreement amount of $189,313. Said change orders required extension of the preliminary project schedule and term of the Agreement from April 8, 2011 through September 30, 2013. In order to continue timely completion of the project through construction, staff is requesting a First Amendment to the Agreement to add an additional $30,000 and extend the term of the Agreement through September 30, 2014. If approved, said First Amendment would be effective as of October 1, 2013. FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND RBF CONSULTING This First 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 RBF Consulting, (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an Agreement on July 20, 2010, ("the Agreement") through the adoption of City of National City Council Resolution No. 2010-161, wherein the CONSULTANT agreed to provide civil engineering and construction support services for the National City 8th Street Safety Enhancements ("J" Avenue to Palm Avenue) Project; and WHEREAS, the original Agreement had a not -to -exceed amount of $146,863; and WHEREAS, in order to keep the Project on schedule to meet Federal Highway Safety Improvement Program (HSIP) grant requirements, the City Engineer approved six change orders to the Agreement increasing the not -to -exceed amount by $42,450, for a total Agreement amount of $189,313; and WHEREAS, said change orders required extension of the preliminary project schedule from the originally anticipated date of April 8, 2011 to September 30, 2013; and WHEREAS, to continue timely completion of the project through construction, the parties desire to extend the term of the Agreement to September 30, 2014 and increase the not -to -exceed amount by $30,000, for a total Agreement amount of $219,313. AGREEMENT NOW, THEREFORE, the parties amend the Agreement entered into on July 20, 2010 as follows: 1. Extend the term of the Agreement through September 30, 2014, by amending Paragraph Number 6 of the Agreement by adding the following: In the event the completion dates in Exhibit "A" are, or have been extended, all work shall be completed no later than September 30, 2014. 2. Increase the not -to -exceed amount by $30,000, for a total Agreement amount of $219,313. 3. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated July 20, 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 RBF CONSULTING (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 FIRST AMENDMENT TO THE AGREEMENT WITH RBF CONSULTING EXTENDING THE TERM AND INCREASING THE NOT -TO -EXCEED AMOUNT BY $30,000 FOR CIVIL ENGINEERING AND CONSTRUCTION SUPPORT SERVICES FOR THE NATIONAL CITY 8TH STREET SAFETY ENHANCEMENTS ("J" AVENUE TO PALM AVENUE) PROJECT WHEREAS, on July 20, 2010, the City adopted Resolution No. 2010-16 entering into an Agreement with RBF Consulting to provide civil engineering and construction support services for the National City 8th Street Safety Enhancements ("J" Avenue to Palm Avenue) Project for the not -to -exceed amount of $146,863; and WHEREAS, in order to keep the Project on schedule to meet Federal Highway Safety Improvement Program (HSIP) grant requirements, the City Engineer approved six change orders to the Agreement increasing the not -to -exceed amount by $42,450, for a total Agreement amount of $189,313; and WHEREAS, said change orders required extension of the preliminary project schedule from the originally anticipated date of April 8, 2011 to September 30, 2013; and WHEREAS, to continue timely completion of the Project through construction, the parties desire to extend the term of the Agreement to September 30, 2014 and increase the not - to -exceed amount by $30,000, for a total Agreement amount of $219,313. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement with RBF Consulting extend the term of the Agreement to September 30, 2014 and to increase the not to exceed amount by $30,000, for a total Agreement amount of $219,313, to provide civil engineering services for the construction of traffic safety enhancements for the Project. Said First 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: Michael R. Dalla, City Clerk APPROVED AS TO FORM: 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. Tim Thiele RBF Consulting 5050 Avenida Encinas, Suite 260 Carlsbad, CA 92008 Dear Mr. Thiele, On October 15th, 2013, Resolution No. 2013-161 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #1 to an Agreement with RBF Consulting. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.