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HomeMy WebLinkAbout2009 CON Kleinfelder West - Amendment #1 Bay Marina Drive Widening ProjectAMENDMENT NUMBER ONE TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KLEINFELDER WEST, INC. This Amendment to Agreement is entered into this 16th day of June, 2009, by and between the City of National City, a municipal corporation ("CITY"), and Kleinfelder West, Inc. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on February 17, 2009 ("the Agreement"), wherein the CONSULTANT agreed to provide material testing services for the Bay Marina Drive Widening Project for a not -to -exceed amount of $29,000. B. The parties desire to amend the Agreement to expand the Scope of Services to provide additional testing services. NOW, THEREFORE, the parties hereto agree that the Agreement entered into onl6th day of February 2009, shall be amended by expanding the Scope of Services in the not -to - exceed amount of $6,500, as set forth in the attached Exhibit "A". The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated February 17,2009, 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 0 TIONAL CITY By on M rrison, Mayor APPROVED AS TO FORM: �� George H. Eiser, III City Attorney KLEINFELDER WEST, INC. (Corporation - signatures of two corporate officers required) By: l„ _��� ( ame) By: V d1 r. / A oO a -44 (Print) Sr. VtQ /Asr4. (Title) (Title) ACORDT, CERTIFICATE OF LIABILITY INSURANCE 4/1/2010 DATE (MM/DD/YYYY) 3/24/2009 PRODUCER Lockton Insurance Brokers, LLC License #0F15767 4275 Executive Square, Suite 600 La Jolla CA 92037 (858) 587-3100 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 NAIC # INSURED 1056887 The Kleinfelder Group, Inc. (see attached named insured schedule) 5015 Shoreham Place San Diego CA 92122 INSURER A: National Union Fire Insurance Company of Pittsburgh, Pa 19445 INSURER B The Insurance Company of the State of Pennsylvania 19429 INSURER c : Lexington Insurance Company INSURER D : Lloyd's of London 19437 0 INSURER E : TTR THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING I.UVtKAbtJ iu.1-w v"NINSURER(S), AUTHORIZED REPRESENS&TIVE OR PRODUCER AND THE CERTIFICATE HOLDE 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. j INSR LTR ADD'L INSRD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE (MMIDD/YY) POLICY EXPIRATION DATE (MM/DD/YY) LIMITS i A A X GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY GL 091 95 73 GI. 091 95 72 (OOP) 4/1/2009 4/1/2009 4/1/2010 4/1/2010 EACII OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES (Ea occurenCel $ 250,000 CLAIMS MADE I X I OCCUR MED EXP (Anyone person) $ 5,000 X XCU included PERSONAL & ADV INJURY $ 1,000,000 X Cross Liab. Applies GENERAL AGGREGATE $ 2,000,000 GENT AGGREGATE I IM:T APPLIES PER POLICY n JECI LOC PRODUCTS - COMP/OP AGG $ 2,000,000 A A A • X AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS CA 826 32 61 (AOS) CA 826 32 60 (OR) CA 826 32 59 (MA) 4/1/2009 4/1/2009 4/1/2009 4/1/2010 4/1/2010 4/1/2010 COMBINED SINGLE LIMIT (Ea accident) $ 2,000,000 X X X BODILY INJURY (Per person) $ )(XXXXXX BODILY (Pe eocident)INJURY $ XXXXXXX PROPERTY DAMAGE (Per accident) $ XXX�UCXX GARAGE LIABILITY ANY AU I U NOT APPLICABLE AUTO ONLY - EA ACCIDENT $ XXXXXXX OTHER THAN EA ACC $ XXXXXXX AUTO ONLY AGG $ XXXXXXX EXCESS/UMBRELLA LIABILITY NOT APPLICABLE EACH OCCURRENCE $ XXXXXXX AGGREGATE $ XXXXXXX $ XXXXXXX $ x{xxxxXX $ XXXXXXX B B B B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROP41E70TVPARTNER/ECECUTIVF OFFICER/MEMBER EXCLUDED? ye's, descnbe uNoWC SfF.CIAL PRCVInder$ ON$ below WC 718 62 59 (CA) WC 718 62 61 (FL) WC 718 62 60 (TX) 718 62 63 (AOS) 4/1/2009 4/1/2009 4/1/2009 4/1/2009 4/1/2010 4/1/2010 4/1/2010 4/1/2010 X TORY L MTTS OTH- ER E.L. EACH ACCIDENT 1000,000 $ t E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 c D OTHER Prof. Liab. &Contractors Pollution Liab. 022174362(PL) LDUSA0903212 (PL) 4/1/2009 4/1/2009 4/1/2010 4/1/2010 $1,000,000Each Claire/ S1,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS Insured Letter B — WC 718 62 62 (OR). Addit onal Insured status does not apply to Professional Liabilty coverage. Certificate Holder is an Additional Insured but only to the extent provided by the endorsement issued or approved by the insurance company. Site ID SDJF.GO - CERTIFICATE HOLDER CANCELLATION [M360365] [M87016] [M87018] [M9802 3640584 City of National City Attn. Alberto Diego 1243 National City Blvd. National City CA 91950-4301 ACORD 25 (2001/08) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE For Questions regardiny this certificate. contact the number titled in the 'Producer section above and a client code'KLEGR ORD CORPORATION 1988 POLICY NUMBER: CA 826 32 31 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: 04/01/2009 Named Insured: Kleinfelder Group, Inc. SCHEDULE Name of Person(s) or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT (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 Page 1 of 1 Miscellaneous Attachment : M98026 Certificate 1[) : 3640584 POLICY NUMBER: GI, 091 95 73 COMMERCIAL GENERAL LIABILITY CG20370704 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Additional Insured - owners, lessees or CONTRACTORS - completed operations This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products - completed operations hazard". CG 20 37 07 04 © ISO Properties, Inc., 2004 Miscellaneous Attachment : M87018 Certificate ID : 3640584 POLICY NUMBER: GL 091 95 73 COMMERCIAL GENERAL LIABILITY CG20100704 TIIIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - scheduled person or organization This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): WHERE REQUIRED BY WRITTEN CONTRACT Location(s) Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II - Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: I. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG20100704 C) ISO Properties, Inc., 2004 Miscellaneous Attachinent : M87016 Certificate ID : 3640584 Named Insured Schedule The Kleinfelder Group, Inc. Kleinfelder Associates (KFI) Trinity Engineering Testing Corporation (ILICO) Kleinfelder Mexico, S.A. de C.V. Kleinfelder USA, Inc. ERG, LLC CE2 Kleinfelder Kleinfelder East, Inc. (Formerly known as GSCIKleinfelder, Inc. and Powell-Harpstead, Inc.) Kleinfelder West, Inc. (Formerly known as Kleinfelder, Inc. and Trinity Engineering Testing Corporation) Kleinfelder Central, Inc. (Formerly known as GeoSystems Engineering, Inc. and Trinity Engineering Testing Corporation (TETCO)) Kleinfelder Engineering, P.C. (Formerly Justin R. Moses & Associates Engineering, PC) TrigonlKleinfelder, Inc. Miscellaneous Attachment : M360365 Master ID: 1056887 RESOLUTION NO. 2009 — 139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE AMENDMENT NO. ONE TO AGREEMENT WITH KLEINFELDER WEST, INC., IN THE NOT -TO -EXCEED AMOUNT OF $6,500 TO PROVIDE MATERIALS TESTING SERVICES FOR THE BAY MARINA BAY.DRIVE WIDENING PROJECT WHEREAS, on February 17, 2009, the City adopted Resolution 2009-26, entering into an agreement with Kleinfelder West, Inc., for Construction Material Testing Services for the Bay Marina Drive Widening Project in the not -to -exceed amount of $29,000; and WHEREAS, the Bay Marina Drive Project was accelerated to meet the City's obligations to the private developer in the area, which required additional testing of materials, and an increase in the cost for approximately $6,500, bringing the total cost of the Agreement to $35,500. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute Amendment to Agreement with Kleinfelder West, Inc., for Construction Material Testing Services for the Bay Marina Drive Widening Project in the not -to -exceed amount of $6,500. Said Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 16th day of June, 2009. Ron Morrison, Mayor ATTEST: B Mic ael R. Dalla, City Clerk APPROVED AS TO FORM: George H. Eiser, III City Attorney Passed and adopted by the Council of the City of National City, California, on June 16, 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 Xr City Jerk 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. 2009-139 of the City of National City, California, passed and adopted by the Council of said City on June 16, 2009. City Clerk of the City of National City, California By: Deputy City of National City, California COUNCIL AGENDA STATEMENT 441.... MEETING DATE June 16, 2009 AGENDA ITEM NO. 7 ITEM TITLE Resolution of the City of National City Council approving Amendment No. 1 to the agreement with Kleinfelder West, Inc in the amount not -to -exceed $ 6,500 and authorizing the Mayor to execute the amendment to provide materials testing services in conjunction with the Bay Marina Drive Widening. Funds are available in the Tax Increment Fund. PREPARED BY Barby Tipton DEPARTMENT Engineering EXT. 4583 EXPLANATION On January 17, 2009, the City entered into an agreement with Kleinfelder West, Inc in the amount not -to - exceed $29,000 for materials testing in conjunction with the Bay Marina Drive Widening Project. The Bay Marina Drive Project was accelerated to meet the City's obligations to the private developer in the area. This required additional testing of materials and the increase in the cost. With approval of this amendment the total authorized work will be $35,500. Environmental Review X N/A MIS Approval Financial Statement Approved By: Finance Director Funds are available in expenditure account 511-409-500-598-3842 (Bay Marina Drive Widening) Account No 511-409-50n-598-3842 STAFF RECOMME TION Ad A- D/ C 1 S ON' RECOM NDA X t e Resol N/A ATTACHMENTS (Listed Below) Resolution No. 1. Resolution 2. Amendment (2 original copies) 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 June 29, 2009 Mr. John Pilkington Kleinfelder West, Inc. 5015 Shoreham Place San Diego, CA 92122 Dear Mr. Pilkington, On June 16th, 2009, Resolution No. 2009-139 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment No. 1 to Agreement with Kleinfelder West, 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 Department ® Recycled Paper