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HomeMy WebLinkAbout2013 CON Southern California Soil & Testing - Materials Testing Services - Amendment #4FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING, 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 Southern California Soil & Testing, Inc., (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on October 6, 2009, ("the Agreement") through the adoption of City of National City Council Resolution No. 2009-234, 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, on October 5, 2010, the City Council adopted Resolution No. 2010-223, 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. 2011-223, 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. 2012-196, 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 6, 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 6, 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 By: on Morrison, Mayor PROVED AS TO FORM: 1 l Or► :ia citua Silva City Att. T1T-. SOUTHERN CALIFORNIA SOIL & TESTING, INC. (Signatures of two corporate officers required) By: Gregory T. Finley (Name) Vice President (Title) Diane Norris (Name) Secretary (Title) RESOLUTION NO. 2013 — 160 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FOURTH AMENDMENT TO THE AGREEMENT WITH SOUTHERN CALIFORNIA SOIL & TESTING, INC., TO EXTEND THE TERM OF THE AGREEMENT TO APRIL 5, 2014 FOR ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on October 6, 2009, the City Council adopted Resolution No. 2009- 234, authorizing the Mayor to execute an Agreement with Southern California Soil & Testing, Inc., 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- 223, authorizing the Mayor to execute the First Amendment to the Agreement to extend the term of the Agreement through October 8, 2011, with no increase to the compensation; and WHEREAS, on October 4, 2011, Resolution 2011-223 was adopted approving the Second Amendment to the Agreement to extend the term for one year, expiring on October 10, 2012, and increasing the not to exceed amount by $150,000, for a new total not to exceed amount of $300,000; and WHEREAS, on October 2, 2012, Resolution 2012-196 was adopted approving the Third Amendment to the Agreement to extend the term for one year, expiring on October 11, 2013, 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 at no additional cost. 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 Southern California Soil & Testing, Inc., to extend the term of the Agreement to April 5, 2014, at no additional cost, to provide on -call geotechnical materials testing services for various capital improvement projects. 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: Michael R. Dalla, Ci Clerk on Morrison, Mayor City VED AS TO FORM: dia ttorn acitua 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 dlt•dA4 City CI k 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. 2013-160 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. 17 '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 Southern California Soil & Testing, Inc. 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: 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 ATTACHMENTS: 1. Explanation 2. Fourth Amendment — Southern California Soil & Testing, Inc. 3. Resolution Explanation: On October 6, 2009, per City Council Resolution No. 2009-234, the City of National City entered into an agreement with Southern California Soil & Testing, Inc. 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. 2010-223, 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. 2011-223, 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. 2012-196, approving the Third Amendment to the Agreement extending the term of the Agreement through October 11, 2013. Southern California Soil & Testing 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 Southern California Soil & Testing. FOURTH AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND SOUTHERN CALIFORNIA SOIL & TESTING, 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 Southern California Soil & Testing, Inc., (the "CONSULTANT"). RECITALS WHEREAS, the CITY and the CONSULTANT entered into an agreement on October 6, 2009, ("the Agreement") through the adoption of City of National City Council Resolution No. 2009-234, 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, on October 5, 2010, the City Council adopted Resolution No. 2010-223, 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. 2011-223, 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. 2012-196, 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 6, 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 6, 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 SOUTHERN CALIFORNIA SOIL & TESTING, 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 SOUTHERN CALIFORNIA SOIL & TESTING, INC., TO EXTEND THE TERM OF THE AGREEMENT TO APRIL 5, 2014 FOR ON -CALL GEOTECHNICAL MATERIALS TESTING SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on October 6, 2009, the City Council adopted Resolution No. 2009- 234, authorizing the Mayor to execute an Agreement with Southern California Soil & Testing, Inc., 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- 223, authorizing the Mayor to execute the First Amendment to the Agreement to extend the term of the Agreement through October 8, 2011, with no increase to the compensation; and WHEREAS, on October 4, 2011, Resolution 2011-223 was adopted approving the Second Amendment to the Agreement to extend the term for one year, expiring on October 10, 2012, and increasing the not to exceed amount by $150,000, for a new total not to exceed amount of $300,000; and WHEREAS, on October 2, 2012, Resolution 2012-196 was adopted approving the Third Amendment to the Agreement to extend the term for one year, expiring on October 11, 2013, 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 at no additional cost. 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 Southern California Soil & Testing, Inc., to extend the term of the Agreement to April 5, 2014, at no additional cost, to provide on -call geotechnical materials testing services for various capital improvement projects. 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 ��p\1d9n 1110L ( ..;,• 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. Gregory Finley Southern California Soil & Testing, Inc. 6280 Riverdale Street San Diego, CA 92120 Dear Mr. Finley, On October 156, 2013, Resolution No. 2013-160 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #4 to an Agreement with Southern California Soil & Testing, 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.