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HomeMy WebLinkAbout2013 CON D-Max Engineering - Storm Water Pollution Prevention Plans SWPPP - Amendment #1FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. 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 D- Max Engineering, Inc., (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on April 17, 2012, ("the Agreement") through the adoption of City of National City Council Resolution No. 2012-86, wherein the CONSULTANT agreed to prepare storm water pollution plans, assist with filing of Notices of Intent, and provide environmental services for capital improvement projects. WHEREAS, the original Agreement had a not -to -exceed amount of $100,000; and WHEREAS, the original Agreement is set to expire on June 30, 2014, with optional extensions when mutually agreed upon by the parties; and WHEREAS, to continue timely completion of Capital Improvement Projects, a First Amendment to the Agreement is necessary to increase the not to exceed amount of the Agreement by $100,000, for a total Agreement amount of $200,000. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on April 17, 2012 by increasing the not -to -exceed amount by $100,000, for a total Agreement amount of $200,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 17, 2012, shall remain in full force and effect. --- signatures to follow on next page --- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY By: on Morrison, Mayor PPROVED AS TO FORM: il u: is r acitua Silva City Aty D-MAX ENGINEERING, INC. (Signatures of two corporate officers required) BY: A,,,I c.— f✓'t GG/ rU: /mil (Signature) (Name) / Pre (Title) By: (Signature-- __ G (Name) cre (Title) l RESOLUTION NO. 2013 — 158 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH D-MAX ENGINEERING, INC., TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $100,000 FOR ENVIRONMENTAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on April 17, 2012, the City Council adopted Resolution No. 2012-86, approving an Agreement for the not to exceed amount of $100,000 with D-Max Engineering, Inc., to prepare storm water pollution plans, assist with filing of Notices of Intent, and provide environmental services for capital improvement projects; and WHEREAS, to continue timely completion of Capital Improvement Projects, a First Amendment to the Agreement is necessary to increase the not to exceed amount of the Agreement by $100,000, for a total Agreement amount of $200,000. 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 D-Max Engineering, Inc., for the not to exceed amount of $100,000, for a total Agreement amount of $200,000. Said First Amendment to the Agreement in on file in the office of the City Clerk. ATTEST: PASSED and ADOPTED this 15th day of October, 2013. lti(/fs� Michael R. Della, Cit Clerk City VED AS TO FORM: is ttorn citua Silva on 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 C rk of the City of N By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-158 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 tional City, California CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT rr, MFETING DATE: October 15, 2013 AGENDA ITEM NO. 15 i i EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a First Amendment to the Agreement with D-Max Engineering, Inc. to increase the not -to -exceed amount of the Agreement by $100,000 for environmental 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. 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 \TTACHMENTS: 1. Explanation 2. First Amendment — D-Max Engineering, Inc. 3. Resolution Explanation: On April 17, 2012, per City Council Resolution No. 2012-86, the City of National City entered into an agreement with D-Max Engineering, Inc. to prepare storm water pollution plans, assist with filing of Notices of Intent, and provide environmental services for capital improvement projects. The Agreement was for a not -to -exceed amount of $100,000 and a term of two years, expiring on June 30, 2014. D-Max Engineering, Inc. is currently providing environmental 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 First Amendment to the Agreement to add an additional $100,000. 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, including environmental 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 First Amendment to the Agreement with D-Max Engineering, Inc. FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. 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 D- Max Engineering, Inc., (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on April 17, 2012, ("the Agreement") through the adoption of City of National City Council Resolution No. 2012-86, wherein the CONSULTANT agreed to prepare storm water pollution plans, assist with filing of Notices of Intent, and provide environmental services for capital improvement projects. WHEREAS, the original Agreement had a not -to -exceed amount of $100,000; and WHEREAS, the original Agreement is set to expire on June 30, 2014, with optional extensions when mutually agreed upon by the parties; and WHEREAS, to continue timely completion of Capital Improvement Projects, a First Amendment to the Agreement is necessary to increase the not to exceed amount of the Agreement by $100,000, for a total Agreement amount of $200,000. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on April 17, 2012 by increasing the not -to -exceed amount by $100,000, for a total Agreement amount of $200,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 17, 2012, shall remain in full force and effect. --- signatures to follow on next page --- IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, 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 FIRST AMENDMENT TO THE AGREEMENT WITH D-MAX ENGINEERING, INC., TO INCREASE THE NOT -TO -EXCEED AMOUNT OF THE AGREEMENT BY $100,000 FOR ENVIRONMENTAL SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on April 17, 2012, the City Council adopted Resolution No. 2012-86, approving an Agreement for the not to exceed amount of $100,000 with D-Max Engineering, Inc., to prepare storm water pollution plans, assist with filing of Notices of Intent, and provide environmental services for capital improvement projects; and WHEREAS, to continue timely completion of Capital Improvement Projects, a First Amendment to the Agreement is necessary to increase the not to exceed amount of the Agreement by $100,000, for a total Agreement amount of $200,000. 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 D-Max Engineering, Inc., for the not to exceed amount of $100,000, for a total Agreement amount of $200,000. 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. Daila, CMC - City Clerk October 21, 2013 Mr. Arsalan Dadkhah D-Max Engineering, Inc. 7220 Trade Street, Suite 119 San Diego, CA 92121 Dear Mr. Dadkhah, On October 15th, 2013, Resolution No. 2013-158 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #1 to an Agreement with D-Max Engineering, Inc. 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.