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Home My WebLink About2016 CON D-Max Engineering - On-Call Project Support Services CIP Program - 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 March, 2016 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 15, 2014, ("the Agreement") through the adoption of City of National City Council Resolution No. 2014-46, wherein the CONSULTANT agreed to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. WHEREAS, the original Agreement had a not -to -exceed amount of $1,000,000; and WHEREAS, the original Agreement is set to expire on April 14, 2016, with the option to extend for an additional period of up to one year, through April 14, 2017; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to increase the not -to -exceed amount by $500,000, for a total Agreement amount of $1,500,000; and WHEREAS, the parties also desire to extend the expiration date of the Agreement one year to April 14, 2017. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on April 15, 2014 as follows: 1. Increase the not -to -exceed amount by $500,000, for a total Agreement amount of $1,500,000. 2. Extend the expiration date of the Agreement one year to April 14, 2017. 3. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 15, 2014, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written. CITY OF NATIONAL CITY By: on Morrison, Mayor A'PROVED A TO FO is Gacit Sily City Attorne D-MAX ENGINEERING, INC. By: Arsalan Dadkhah, President RESOLUTION NO. 2016 — 38 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 $500,000 AND EXTEND THE EXPIRATION DATE OF THE AGREEMENT ONE YEAR TO APRIL 14, 2017, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, ENVIRONMENTAL PLANNING, COMPLIANCE AND ASSESSMENTS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, AND COMMUNITY OUTREACH WHEREAS, On April 15, 2014, per City Council Resolution No. 2014-46, the City of National City entered into an Agreement with D-Max Engineering, Inc., to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach; and WHEREAS, the Agreement was for a not -to -exceed amount of $1,000,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, to continue timely completion of Capital Improvement Projects, staff is requesting a First Amendment to the Agreement to increase the not -to -exceed amount by $500,000, for a total not to exceed amount of $1,500,000, and to extend the expiration date of the Agreement one year to April 14, 2017. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with D-Max Engineering, Inc., to increase the not to exceed amount by $500,000, for a total not to exceed amount of $1,500,000, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. BE IT FURTHER RESOLVED by the City Council that the term of the Agreement is extended for one year expiring April 14, 2017. --- Signature Page to Follow--- Resolution No. 2016 — 38 March 15, 2016 PASSED and ADOPTED this 15th day of March, 2016. ATTEST: /4 Michael R. Dalla, C. y Clerk AP ' OVED AS TO FORM: Claudia Gacitua •ilva City Attorney on Morrison, Mayor Passed and adopted by the Council of the City of National City, California, on March 15, 2016 by the following vote, to -wit: Ayes: Councilmembers Cano, Mendivil, Morrison, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California /, /IJ City C rk of the City of ional City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2016-38 of the City of National City, California, passed and adopted by the Council of said City on March 15, 2016. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA Cooy - 51 COUNCIL AGENDA STATEMENT ETING DATE: March 15, 2016 AGENDA ITEM NO. 13 ITEM 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 $500,000 and extend the expiration date of the Agreement one year to April 14, 2017, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. PREPARED BY: Stephen Manganiello PHONE: 619-336-4382 EXPLANATION: See attached. DEPARTMENT: Engineering/Public Works APPROVED BY: FINANCIAL STATEMENT: APPROVED: vG/4A...4 Finance ACCOUNT NO. APPROVED: MIS Funds are appropriated in various CIP accounts for FY 2016. Staff anticipates seeking dedicated funding for this Agreement for FY 2017 through the FY 2017 annual budget process. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution executing a First Amendment to the Agreement with D-Max Engineering, Inc. BOARD / COMMISSION RECOMMENDATION: N/A p. ATTACHMENTS: 1. Explanation 2. First Amendment to Agreement 3. Resolution R S0‘ -c\brs Vs0, rdO\G • 3`b Explanation: On April 15, 2014, per City Council Resolution No. 2014-46, the City of National City entered into an Agreement with D-Max Engineering, Inc. to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. The Agreement was for a not -to -exceed amount of $1,000,000 and a term of two years, with the option to extend for an additional period of up to one year. The City's current 5-Year CIP is projected to deliver over $90 million in major public improvements. In order to continue timely completion of Capital Improvement Projects, staff is requesting a First Amendment to the Agreement to increase the not -to -exceed amount by $500,000 and extend the expiration date of the Agreement one year to April 14, 2017. Funds are appropriated in various CIP accounts for FY 2016. Staff anticipates seeking dedicated funding for this Agreement for FY 2017 through the FY 2017 annual budget process. 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 March, 2016 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 15, 2014, ("the Agreement") through the adoption of City of National City Council Resolution No. 2014-46, wherein the CONSULTANT agreed to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. WHEREAS, the original Agreement had a not -to -exceed amount of $1,000,000; and WHEREAS, the original Agreement is set to expire on April 14, 2016, with the option to extend for an additional period of up to one year, through April 14, 2017; and WHEREAS, to continue timely completion of Capital Improvement Projects, the parties desire to increase the not -to -exceed amount by $500,000, for a total Agreement amount of $1,500,000; and WHEREAS, the parties also desire to extend the expiration date of the Agreement one year to April 14, 2017. AGREEMENT NOW, THEREFORE, the parties agree to amend the Agreement entered into on April 15, 2014 as follows; 1.--Increase --the -not-to-exceed -amount-by-$500-000, -tar--a total -greement amount --of $1,500,000. 2. Extend the expiration date of the Agreement one year to April 14, 2017. 3. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated April 15, 2014, shall remain in full force and effect. -1- IN WITNESS WHEREOF, the parties hereto have executed this First Amendment on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC. By: By: _4da_L_ ;ft,a/ Ron Morrison, Mayor APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Arsalan Dadkhah, President -2- RESOLUTION NO. 2016 — 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 $500,000 AND EXTEND THE EXPIRATION DATE OF THE AGREEMENT ONE YEAR TO APRIL 14, 2017, TO PROVIDE ON -CALL PROJECT SUPPORT SERVICES FOR NATIONAL CITY'S CAPITAL IMPROVEMENT PROGRAM, INCLUDING, BUT NOT LIMITED TO, PROJECT MANAGEMENT, ENGINEERING AND CONTRACT MANAGEMENT, CONSTRUCTION MANAGEMENT AND INSPECTIONS, ENVIRONMENTAL PLANNING, COMPLIANCE AND ASSESSMENTS, PLAN REVIEWS, CONSTRUCTABILITY REVIEWS, AND COMMUNITY OUTREACH WHEREAS, On April 15, 2014, per City Council Resolution No. 2014-46, the City of National City entered into an Agreement with D-Max Engineering, Inc., to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach; and WHEREAS, the Agreement was for a not -to -exceed amount of $1,000,000 and a term of two years, with the option to extend for an additional period of up to one year; and WHEREAS, to continue timely completion of Capital Improvement Projects, staff is requesting a First Amendment to the Agreement to increase the not -to -exceed amount by $500,000, for a total not to exceed amount of $1,500,000, and to extend the expiration date of the Agreement one year to April 14, 2017. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a First Amendment to the Agreement with D-Max Engineering, Inc., to increase the not to exceed amount by $500,000, for a total not to exceed amount of $1,500,000, to provide on -call project support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management, engineering and contract management, construction management and inspections, environmental planning, compliance and assessments, plan reviews, constructability reviews, and community outreach. BE IT FURTHER RESOLVED by the City Council that the term of the Agreement is extended for one year expiring April 14, 2017. --- Signature Page to Follow--- Resolution No. 2016 — March 15, 2016 PASSED and ADOPTED this 15' day of March, 2016. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney „ _\01f L (77, 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 March 22, 2016 Mr. Arsalan Dadkhah D-Max Engineering, Inc. 7220 Trade Street, Suite 119 Carlsbad, CA 92121 Dear Mr. Dadkhah, On March 15th, 2016, Resolution No. 2016-38 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. Michael R. Dalla, CMC City Clerk Enclosures