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Home My WebLink About2020 CON D-Max Engineering - On-Call Project Support Services CIP Program - Amendment #2t SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 5th day of May, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and D-MAX ENGINEERING, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on June 6, 2017, ("the Agreement") per City Council Resolution No. 2017-91, to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; environmental planning, compliance, and assessments; construction support; plan reviews; community outreach and communications, for a not -to - exceed amount of $2,000,000 and a term of two years, with the option to extend for an additional period of one year. WHEREAS, on April 16, 2019, the City Council adopted Resolution No. 2019-51, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $500,000, for a total Agreement amount of $2,500,000, and extending the term of the Agreement by one year to June 5, 2020. WHEREAS, the parties desire to extend the term of the Agreement by six months, to December 5, 2020, due to the immediate need for services to continue based on delays caused by the COVID-19 pandemic. /// /// /// /// /// AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The term of the Agreement is hereby extended to December 5, 2020. 2. The First Amendment to this Agreement, approved by the City Council on April 16, 2019, increased the contract amount of this Agreement to $2,500,000, and the same is, and shall continue to be, the total not -to -exceed amount of this Agreement. 3. The parties further agree that, other than the foregoing exceptions, each and every term and provision of the June 6, 2017 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY B D-MAX ENGINEERING, INC., A CORPORATION (Signatures of two corporate officers required) BY: -.�.- .UCd6,�� ;P/w (Signature) lejandra Sotelo-Solis, Mayor APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney By: orney Second Amendment to Agreement Page 2 of 2 May 5, 2020 (Print Name) Pre rid e 11L (Title) tgna &ehZe� (Print Name) '3ccre%-�/ (Title) (//� City of National City and D-Max Engineering, Inc. RESOLUTION NO. 2020 - 82 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH D-MAX ENGINEERING, INC., EXTENDING THE TERM OF THE AGREEMENT BY SIX MONTHS TO DECEMBER 5, 2020, DUE TO THE IMMEDIATE NEED FOR THE SERVICES TO CONTINUE THAT WERE DELAYED AS A RESULT OF THE COVID-19 PANDEMIC WHEREAS, on June 6, 2017, per City Council Resolution No. 2017-91, the City of National City entered into an Agreement with D-MAX Engineering, Inc., to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; environmental planning, compliance, and assessments; construction support; plan reviews; community outreach and communications; and WHEREAS, the Agreement was for a not -to -exceed amount of $2,000,000 and a term of two (2) years, with the option to extend for an additional period of up to one (1) year; and WHEREAS, on April 16, 2019, the City Council Adopted Resolution No. 2019-51, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $500,000, for a total Agreement amount of $2,500,000, and extending the term of the Agreement by one (1) year to June 5, 2020; and WHEREAS, due to the immediate need for the services to continue that were delayed as a result of the COVID-19 Pandemic, City staff is requesting City Council's approval of a Second Amendment to the Agreement with D-MAX Engineering, Inc. extending the term of the Agreement by six (6) months to December 5, 2020, with no changes to the total contract amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to Execute a Second Amendment to the Agreement with D-MAX Engineering, Inc., extending the term of the Agreement by six (6) months to December 5, 2020, due to the immediate need for the services to continue that were delayed as a result of the COVID-19 Pandemic. PASSED and ADOPTED this 5th day of May, 2020 ,! Michael R. alla, City Clerk APP - • VED AS TO FORM: J orris- ones, Attorney Alejolis, Mayor Passed and adopted by the Council of the City of National City, California, on May 5, 2020 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Quintero, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: ALEJANDRA SOTELO-SOLIS Mayor of the City of National City, California MICHAEL R. DALLA City Clerk 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. 2020-82 of the City of National City, California, passed and adopted by the Council of said City on May 5, 2020. City Clerk of the City of National City, California By: CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT e2oo zi - 5 < MEETING DATE: May 5, 2020 AGENDA ITEM NO. 8 .. EM TITLE: Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement with D-MAX Engineering, Inc., extending the term of the Agreement by six months to December 5, 2020, due to the immediate need for services to continue based on delays caused by the COVID-19 pandemic. PREPARED BY: Tirza Gonzales, Management Analyst II PHONE: 619-336-4318 EXPLANATION: See attached. DEPARTMENT: Engi ; • Pub is Works APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. None ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Adopt Resolution executing a Second Amendment to the Agreement with D-MAX Engineering, Inc. BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. Explanation 2. Second Amendment to Agreement 3. Resolution ge4ohozzati No- ?odd Explanation: On June 6, 2017, per City Council Resolution No. 2017-91, the City of National City entered into an Agreement with D-MAX Engineering, Inc., to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; environmental planning, compliance, and assessments; construction support; plan reviews; community outreach and communications . The original Agreement is for a not -to -exceed amount of $2,000,000 and a term of two years, with the option to extend for an additional period of up to one year. On April 16, 2019, the City Council adopted Resolution No. 2019-51, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $500,000, for a total Agreement amount of $2,500,000, and extending the term of the Agreement by one year to June 5, 2020. Due to the immediate need for project support services to continue based on delays caused by the COVID-19 pandemic, staff is requesting City Council approval of a Second Amendment to the Agreement with D-MAX Engineering, Inc. extending the term of the Agreement by six months to December 5, 2020, with no changes to the total contract amount. -1- SECOND AMENDMENT TO THE AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND D-MAX ENGINEERING, INC. THIS SECOND AMENDMENT TO THE AGREEMENT is entered into this 5th day of May, 2020, by and between the CITY OF NATIONAL CITY, a municipal corporation ("CITY"), and D-MAX ENGINEERING, INC., a corporation (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an Agreement on June 6, 2017, ("the Agreement") per City Council Resolution No. 2017-91, to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; environmental planning, compliance, and assessments; construction support; plan reviews; community outreach and communications, for a not -to - exceed amount of $2,000,000 and a term of two years, with the option to extend for an additional period of one year. WHEREAS, on April 16, 2019, the City Council adopted Resolution No. 2019-51, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $500,000, for a total Agreement amount of $2,500,000, and extending the term of the Agreement by one year to June 5, 2020. WHEREAS, the parties desire to extend the term of the Agreement by six months, to December 5, 2020, due to the immediate need for services to continue based on delays caused by the COVID-19 pandemic. /// /// /// /// /// AGREEMENT NOW, THEREFORE, the parties hereto agree that: 1. The term of the Agreement is hereby extended to December 5, 2020. 2. The First Amendment to this Agreement, approved by the City Council on April 16, 2019, increased the contract amount of this Agreement to $2,500,000, and the same is, and shall continue to be, the total not -to -exceed amount of this Agreement. -2- 3. The parties further agree that, other than the foregoing exceptions, each and every term and provision of the June 6, 2017 Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY D-MAX ENGINEERING, INC., A CORPORATION (Signatures of two corporate officers required) By: By: Alejandra Sotelo-Solis, Mayor (Signature) APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney (Print Name) (Title) By: By: Jennifer K. Gilman (Signature) Deputy City Attorney (Print Name) (Title) Second Amendment to Agreement Page 2 of 2 City of National City and May 5, 2020 D-Max Engineering, Inc. -3- RESOLUTION NO. 2020 - RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH D-MAX ENGINEERING, INC., EXTENDING THE TERM OF THE AGREEMENT BY SIX MONTHS TO DECEMBER 5, 2020, DUE TO THE IMMEDIATE NEED FOR THE SERVICES TO CONTINUE THAT WERE DELAYED AS A RESULT OF THE COVID-19 PANDEMIC WHEREAS, on June 6, 2017, per City Council Resolution No. 2017-91, the City of National City entered into an Agreement with D-MAX Engineering, Inc., to provide on -call support services for National City's Capital Improvement Program (CIP), including, but not limited to, project management; engineering; environmental planning, compliance, and assessments; construction support; plan reviews; community outreach and communications; and WHEREAS, the Agreement was for a not -to -exceed amount of $2,000,000 and a term of two (2) years, with the option to extend for an additional period of up to one (1) year; and WHEREAS, on April 16, 2019, the City Council Adopted Resolution No. 2019-51, approving the First Amendment to the Agreement increasing the not -to -exceed amount by $500,000, for a total Agreement amount of $2,500,000, and extending the term of the Agreement by one (1) year to June 5, 2020. WHEREAS, due to the immediate need for project support services to continue that were delayed as a result of the COVID-19 Pandemic, City staff is requesting City Council's approval of a Second Amendment to the Agreement with D-MAX Engineering, Inc. extending the term of the Agreement by six (6) months to December 5, 2020, with no changes to the total contract amount. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to Execute a Second Amendment to the Agreement with D-MAX Engineering, Inc., extending the term of the Agreement by six (6) months to December 5, 2020, due to the immediate need for the services to continue that were delayed as a result of the COVID-19 Pandemic. PASSED and ADOPTED this 5th day of May, 2020 Alejandra Sotelo-Solis, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Angil P. Morris -Jones City Attorney CONTRACT TRANSMITTAL FORM (Attach as Cover Sheet to Documents dropped off to City Clerk's Office) Date: From (Dept.): C , n K e rf T 5 Submitted by (First & Last Name): 02, /-)j /7 C Y a Vendor: // Of 74. 6-0 t v7 C r 17, Resolution: YES / NO 0 Resolution No. (if applicable): 6 2 3 4Originals Provided to City Clerk (Select Quantity) O Q O P1Department has Copy / Duplicate Original Vendor has Copy / Duplicate Original