HomeMy WebLinkAbout2009 CON Rick Engineering Company - Amendment #4 Engineering Services Bay Marina Drive WideningAMENDMENT TO AGREEMENT
BY AND BETWEEN
THE CITY OF NATIONAL CITY
AND
RICK ENGINEERING COMPANY
This Amendment to Agreement is entered into this 17th day of March, 2009, by and
between the City of National City, a municipal corporation ("CITY"), and Rick Engineering
Company (the "CONTRACTOR").
RECITALS
A. The CITY and the CONTRACTOR entered into an agreement on May 6, 2008
("the Agreement"), wherein the CONTRACTOR agreed to provide civil
engineering design services for the Bay Marina Drive Improvement Project.
B. The parties desire to amend the Agreement to provide additional design services
to modify plan and specification changes.
NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May
6, 2008, through the adoption of National City Council Resolution No. 2008-69, shall be
amended by expanding the Scope of Services as set forth in the attached Exhibit "A",
which is incorporated herein by reference.
The parties further agree that with the foregoing exception, each and every term and
provision of the Agreement dated May 6, 2008, 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
on Morrison, Mayor
APPROVED AS TO FORM:
INEERING COMPANY
Co j, :lion — ignatures . o co Orate officers)
e signat
ip —o;e
J�ntsa�#F By:
George H. Eiser, Ill
City Attorney
qr,okicu-1)1,1s�
(Print)
(Title)
(Name)
No-) A \J& . J G -
(Print)
(Title)
RICK
ENGINEERING COMPANY
Exhibit "A"
Contract Addendum
Rick Engineering Company Job No. 12861-N
February 25, 2009
Revised: March 5, 2009
Addendum No. 4
Ms. Maryam Babaki
City of National City
1243 National City Boulevard
National City, California 91950
JOB DESCRIPTION: BAY MARINA DRIVE / MARINA GATEWAY STREETSCAPE
By signing below as indicated, Rick Engineering Company is authorized to expend an additional
$6,800.00, bringing the total amount authorized as of this date to $442,172.00, to perform work in
conjunction with our contract dated May 6, 2008.
Additional Scope of Work:
Provide one set of stakes for the following:
1. Demolition and saw cut for limits of -contraction and saw cut lines. (Fee: $1,050.00)
Sewer/water will be staked at approximately 25' intervals and include all horizontal and vertical
changes in alignment. (Fee: $750.00)
3. Dry utility stakes will be set for electric facilities. Stakes will be set to control all primary
structures and streetlights. (Basis: 1,900 linear feet.) (Fee: $2,100.00)
4. Curb and berm will be set at 50-foot intervals and include all horizontal and vertical changes in
alignment. (Basis: 800 linear feet and include ADA ramps.) (Fee: $1,400.00)
5. Traffic signal stakes for the relocation of the traffic signal standards of the signal modification at
the intersection of Bay Marina Drive and Marina Way. (Fee: $700.00)
6. Locate necessary points along limits of proposed Lithocrete crossings. (Fee: $800.00)
All other provisions of4he original contract are to remain unchanged.
Authorized
RICK EN I :E • ING C(iivlPANr1 Date: March 5, 2009
)\\`r
Signature: AMrlit �--. W (A / Title: Associate Principal
John D. Goddard,"r. RCE 3303
Approve i
CITY OF • TIONAL CITY Date:
Signature: Title:
JDG:RVM:sr:K:Job Files\l2861\N\Addenda\Add 4 (Revised)
ACORD. CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DDIYY)
03/16/09
PRODUCER 0A99520
Cavignac & Associates
450 B Street, Suite 1800
San Diego, CA 92101-8005
INSURED
Rick Engineering Company
5620 Friars Road
San Diego, CA 92110
1-619-234-6848
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
INSURERS AFFORDING COVERAGE
INSURER A. Travelers Property Casualty Company of America
INSURERB The Travelers Indemnity Company of Connecticut
INSURERC Wausau Underwriters Insurance Company
INSURERD XL Specialty Insurance Company.
INSURER E.
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE I POLICY EXPIRATION LIMITS
LTR DATE IMM/DD/YYl - DATE IMM/DD/YYl
A .GENERALLIABIUTY .6807292L337 01/01/09
X COMMERCIAL GENERAL LIABILITY I
_ CLAIMS MADE : X I OCCUR I
X Contractual Liability
01/01/10
EACH_ OCCURRENCE $1,000,000
FIRE DAMAGE (Any one fire) . $ 1,000,000
,i MED EXP (Any one person) _$ 10, 000
BADV INJURY $ 1,000,000
X Separation of Insureds
_PERSONAL
GENERAL AGGREGATE $ 2,000,000
GENT_ AGGREGATE LIMIT APPLIES PER.
POLICY X JECT PRO I ILOC
PRODUCTS.- COMP/OP AGG_ $ 2,000, 000
!Deductible None
B TOMOBILE LIABILITY BA7276L522 01/01/09
I X ANY AUTO ,
__ ALL OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON -OWNED AUTOS
..._ _... ..--. ---
01/01/10
I
COMBINED SINGLE LIMIT
(Ea accident) I $ 1,000,000
BODILY INJURY $
(Per person)
. BODILY INJURY $
(Per accident)
• PROPERTY DAMAGE $
: (Per accident)
GARAGE LIABILITY ', AUTO ONLY - EA ACCIDENT $
' , ANY AUTO EA ACC $
OTHER THAN
AUTO ONLY. AGG S
EXCESS LIABILITY
I OCCUR CLAIMS MADE
I
1—_ I
DEDUCTIBLE I
RETENTION $
EACH OCCURRENCE $
AGGREGATE $
$
�. -_-. .-- '.-- -. --. ----
$
$
C WORKERS COMPENSATION AND WCJZ91448020019 01/01/09
' EMPLOYERS' LIABILITY
01/01/10
X WC STATU- H-
TORYUMIT6_- [ T
_.
EACH ACCIDENT i S 1,000,000
_E.L.
E.L. DISEASE - EA EMPLOYEE S 1, 000, 000
E.L. DISEASE - POLICY LIMIT F S 11, 000, 000
OTHER
D Professional Liability DPR9614381 08/15/08 08/15/09
Claims made, defense
costs included w/in limit
Each Claim $3,000,000
Deductible $250,000
$
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
Professional Liability - $8,000,000 aggregate limit policy with $750,000 deductible.
Community Development Commission of the City of National City, its elected officials, officers, agents and employees are
additional insured with respect to general liability and auto liability per attached. Waiver of subrogation applies to
workers compensation per attached.
Re: Marina Drive
Replaces & Supersedes certificate #11327130.
CERTIFICATE HOLDER
Y
ADDITIONAL INSURED; INSURER LETTER
CANCELLATION 10 days NOC for non-payment of premium.
Community Development Commission and
City of National City
Barby Tipton
1243 National City Blvd.
National City, CA 91950-4301
USA
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL BWX NX MAIL 30 DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. (pC)F7lXXMXO1•XANta C9HALKX
YINIMNEGOLSX0CHCARISCO2C CIABI/00011(402{$0145XI✓MNYCAKX1WUPDIXIKNI SMYSQU(X
X](j(q(jjXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
AUTHORIZED REPRESENTATIVE
ACORD 25-S (7/97) Katherine
11353693
Certificate Delivery by CertificatesNow - www.ConfirmNet.com - 877 669.8600
O ACORD CORPORATION 1988
POLICY NUMBER: 6807292L337
COMMERCIAL GENERAL LIABILITY
DATE ISSUED: 03/16/09
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FORM
SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):
Community Development Commission of the City of National City, its elected officials,
officers, agents and employees
PROJECT/LOCATION OF COVERED OPERATIONS:
Marina Drive
National City, CA
PROVISIONS
A. The following is added to WHO IS AN
INSURED (Section II):
The person or organization shown in the
Schedule above is an additional insured
on this Coverage Part, but only with
respect to liability for "bodily injury",
"property damage" or "personal injury"
caused, in whole or in part, by your acts
or omissions or the acts or omissions of
those acting on your behalf:
a. In the performance of your ongoing
operations;
b. In connection with premises owned by
or rented to you; or
c. In connection with "your work" and
included within the "products -
completed operations hazard".
CG D3 82 09 07
Such person or organization does not
qualify as an additional insured for "bodily
injury", "property damage', or 'personal
injury" for which that person or
organization has assumed liability in a
contract or agreement.
The insurance provided to such additional
insured is limited as follows:
d. This insurance does not apply to the
rendering of or failure to render any
"professional services".
e. The limits of insurance afforded to the
additional insured shall be the limits
which you agreed in that "contract or
agreement requiring insurance" to
provide for that additional insured, or
the limits shown in the Declarations for
this coverage part, whichever are less.
This endorsement does not increase
the limits of insurance stated in the
2007 The Travelers Companies, Inc Page 1 of 2
Includes the copyrighted material of Insurance Services Office, Inc. with its permission
LIMITS OF INSURANCE (Section III)
for this coverage part.
B. The following is added to paragraph
a. of 4. Other Insurance in
COMMERCIAL GENERAL LIABILITY
CONDITIONS (Section IV):
However, if you specifically agree in
a "contract or agreement requiring
insurance" that, for the additional
insured shown in the Schedule, the
insurance provided to that additional
insured under this Coverage Part
must apply on a primary basis, or a
primary and non-contributory basis,
this insurance is primary to other
insurance that is available to such
additional to such additional insured
which covers such additional insured
as a named insured, and we will not
share with the other insurance,
provided that:
(1) The "bodily injury" or "property
damage" for which coverage is
sought occurs; and
(2) The "personal injury" for which
coverage is sought arises out of
an offense committed;
after you have entered into that
"contract or agreement requiring
insurance" for such additional
insured. But this insurance still is
excess over valid and collectible
other insurance, whether primary,
excess, contingent or on any other
basis, that is available to the
additional insured when the
additional insured is also an
additional insured under any other
insurance.
C. The following is added to Paragraph
8. Transfer Of Rights Of Recovery
Against Others To Us in
COMMERCIAL GENERAL LIABILITY
CONDITIONS (Section IV):
We waive any rights of recovery we
may have against the additional
insured shown in the Schedule
above because of payments we
make for "bodily injury", "property
damage" or "personal injury" arising
out of "your work" on or for the
project, or at the location, shown in
the Schedule above, performed by
you, or on your behalf, under a
"contract or agreement requiring
insurance" with that additional
insured. We waive these rights only
where you have agreed to do so as
part of the "contract or agreement
requiring insurance" with that
additional insured entered into by
you before, and in effect when, the
"bodily injury" or "property damage"
occurs, or the "personal injury"
offense is committed.
D. The following definition is added to
DEFINITIONS (Section V):
"Contract or agreement requiring
insurance" means that any contract
or agreement under which you are
required to include the person or
organization shown in the Schedule
as an additional insured on this
Coverage Part, provided that the
"bodily injury" and "property
damage" occurs, and the "personal
injury" is caused by an offense
committed.
a. After you have entered into that
contract or agreement;
b. While that part of the contract or
agreement is in effect; and
c. Before the end of the policy
period.
CG D3 82 09 07 2007 The Travelers Companies, Inc. Page 2 of 2
Includes the copyrighted material of Insurance Services Office, Inc., with its permission
POLICY #: BA7276L522 COMMERCIAL AUTO
CA 20 48 02 99
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
TRUCKERS COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply
unless modified by this endorsement.
This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An
Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the
Coverage Form.
This endorsement changes the policy effective on the inception date of the policy unless another date
is indicated below.
Endorsement Effective: 01/01/09
Countersigned By:
i
(Authorized Representative)
Named Insured:
Rick Engineering Company
SCHEDULE
Name of Person(s) or Organization(s):
Community Development Commission of the City of National City, its elected officials,
officers, agents and employees
Re: Marina Drive
(If no entry appears above, information required to complete this endorsement will be shown in the
Declarations as applicable to the endorsement.)
Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to
the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision
contained in Section II of the Coverage Form.
CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998
WC 04 03 06 (Ed.4-84)
WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT -
CALIFORNIA
This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise
stated.
;The following 'attaching clause- need be comple•'etl on:y when 'his ecdorserien' .s issued s..bsegae'' i:; p•ec,ra
This endorsement. effective on 01/01/09 at 12.01 A.M. standard time, forms a part of
Policy No. WCJZ91448020019 Endorsement No.
Of the Wausau Underwriters Insurance Company
Issued to: Rick Engineering Company
Policy Expiration Date: 01/01/10
Premium (if any)$
NCCI Carrier Code
Authorized Representative
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not
enforce our right against the person or organization named in the Schedule. (This agreement applies only to the
extent that you perform work under a written contract that requires you to obtain this agreement from us.)
You must maintain payroll records accurately segregating the remuneration of your employees while engaged in
the work described in the Schedule.
The additional premium for this endorsement shall be % of the California workers' compensation premium
otherwise due on such remuneration.
Schedule
Person or Organization Job Description
Any person or organization where the named insured has agreed, by written contract
executed prior to the date of the accident, to waive rights of recovery against such
person or organization.
RESOLUTION NO. 2009 — 53
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF NATIONAL CITY
AUTHORIZING THE MAYOR TO EXECUTE
AMENDMENT NO. 4 TO THE AGREEMENT WITH
RICK ENGINEERING COMPANY
IN THE NOT -TO -EXCEED AMOUNT OF $6,800
FOR SURVEYING AND STAKING SERVICES
FOR THE BAY MARINA DRIVE WIDENING PROJECT
WHEREAS, pursuant to the Disposition and Development Agreement with
Marina Gateway Development company, LLC, and Sycuan Tribal Development Corporation, the
City is required to install a storm drain on Marina Way; and
WHEREAS, on May 6, 2008, the City Council adopted Resolution No. 2008-69,
approving an agreement with Rick Engineering Company in the amount of $370,597 for civil
engineering design services for the Bay Marina Drive Improvement Project; and
WHEREAS, Amendment No. 1 to the Agreement in the amount of $24,600 was
for geotechnical services and the preparation of design development and construction
documents to the Historic Train Depot parking lot; and
WHEREAS, Amendment No. 2 was for civil engineering design and preparation
of specifications and plans for the Marina Way Storm Drain Project in the not -to -exceed amount
of $6,500; and
WHEREAS, Amendment No. 3 in the amount of $33,675 provided additional civil
engineering design services for the Bay Marina Drive Widening Project; and
WHEREAS, Amendment No. 4 in the not -to -exceed amount of $6,800 will
provide surveying and staking services for the construction portion of the project, bringing the
total agreement amount to $442,172.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of
National City hereby authorizes the Mayor to execute Amendment No. 4 to Agreement with Rick
Engineering Company in the not -to -exceed amount of $6,800 to provide surveying and staking
services for the Bay Marina Drive Widening Project. Said Amendment No. 4 to Agreement is on
file in the office of the City Clerk.
ATTEST.
h
Mi ael R. Dalla, ity Clerk
PASSED and ADOPTED this 17th day of March, 20
Ron Morrison, Mayor
APPROVED AS TO FORM:
George H. Eiser, III
City Attorney
Passed and adopted by the Council of the City of National City, California, on March 17,
2009 by the following vote, to -wit:
Ayes: Councilmembers Morrison, Parra, Sotelo-Solis, Van Deventer, Zarate.
Nays: None.
Absent: None.
Abstain: None.
AUTHENTICATED BY: RON MORRISON
Mayor of the City of National City, California
/,
a
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. 2009-53 of the City of National City, California, passed and adopted
by the Council of said City on March 17, 2009.
City Clerk of the City of National City, California
By:
Deputy
City of National City, California
COUNCIL AGENDA STATEMENT
.,.MEETING DATE March 17, 2009
AGENDA ITEM NO.
7
ITEM TITLE
Resolution of the City of National City Council approving Amendment No. 3 to the agreement with Rick Engineering
Company in the amount not to exceed $6,800 for surveying & staking services in conjunction with Bay Marina Drive
Widening Project, and authorizing the Mayor to execute the amendment. (Funded by Tax Increment Fund)
PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583
EXPLANATION
The City entered into an agreement by Resolution No. 2008-69 on May 9, 2008 with Rick Engineering Company for
design services.
Amendment #1, (August 2008) in the amount of $24,600 to provide geotechnical services and prepare design
development and construction documents to the Historic Train Depot parking lot brought the total contract to
$395,197.00.
Amendment #2, (September 2008) to the agreement was for design and preparation of specifications and plans for the
Marina Way Storm Drain Project (specification 08-12) not to exceed $6,500.00 and brought the total agreement to
$401,697.00.
Amendment #3 (January 2009) was to prepare redline markups, conduct surveying, prepare application for the Ca.
Public Utilities Commission, modify plans to close driveway, design sewer main, traffic engineering services to modify
plans, update electrical plans and provide design services for miscellaneous modifications to plans and specifications
for the amount of $33,675.00.
This amendment #4 in the amount of $6,800 for surveying and staking services will bring the total authorized amount
to $442,172.00.
Environmental Review X N/A
MIS Approval _ A
Financial Statement Approved By: ��
rmanc ire for
Funds are appropriated in account number 511-409-500-598-3842 in the amount of $6,800.
Account No.
STAFF RECOMME , ' ATION
Adopt the Resolutio
BOARD / COMMISSION RECOMMENDATION
N/A
ATTACHMENTS (Listed Below) Resolution No.
1. Resolution
2. Amendment (2 Original copies)
rick
A-200 (Rev. 7/03)
City of National City
Office of the City Clerk
1243 National City Boulevard, National City, CA 91950-4397
Michael R. Dalla, CMC - City Clerk
(619) 336-4228 Fax: (619) 336-4229
March 25, 2009
Mr. John D. Goddard, Jr.
Rick Engineering Company
5620 Friars Road
San Diego, CA 92110
Dear Mr. Goddard,
On March 17th, 2009, Resolution No. 2009-53 was passed and adopted by the
City Council of the City of National City, authorizing execution of Amendment No.
Four to Agreement with Rick Engineering Company.
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
cc: Engineering Dept.
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