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HomeMy WebLinkAbout2011 CON Atkins North America - Amendment #1 Financial Services, FY 11-12FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND ATKINS NORTH AMERICA, INC., (FORMERLY POST, BUCKLEY, SCHUH & JERNIGAN, INC. (PBS&J)) TO PROVIDE AS -NEEDED SERVICES This First Amendment to Agreement is entered into this 19th day of April, 2011, by and between the City of National City, a municipal corporation ("CITY"), and Atkins North America, Inc., (formerly Post, Buckley, Schuh & Jernigan, Inc. (PBS&J)), a consulting engineering firm (the "CONSULTANT"). RECITALS Name Change. This Amendment is an administrative change to the contract wherein both Parties acknowledge that, effective April 1, 2011, PBS&J will change its name to Atkins North America, Inc., ("Atkins"), but will not change any other corporate formalities. The Project Director and all contractors remain unchanged. The Parties agree that no further modification of the Agreement dated May 4, 2010, is required to reflect this name change. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on May 4, 2010, shall be amended as follows: 1. Whenever Consultant PBS&J's name appears in the Agreement shall now be known as Atkins North America, Inc. 2. Atkins North America, Inc., agrees to be bound to all the same terms and conditions in the Agreement. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated May 04, 2010, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY n Morrison, Mayor APPROVED AS TO FORM: A' Claudia G. Silva City Attorney ATKINS NORTH AMERICA, INC. (Corporation — signatures of two corporate officers required) Byy� ennifer Duffy, PE ctice Manager By: Carmen Kasner, PE Associate Vice President ® A0 CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 04/07/2011 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-866-220-4625 Holmes Murphy and Associates - Omaha 2637 South 158th Plaza Suite 200 Omaha, NE 68130 CONTACT NAME: PHONE FAX IA/C. No. Eel): (A/C, Nol: AMAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC INSURER A: ZURICH AMERICAN INSURANCE COMPANY 16535 INSURED Atkins North America, Inc. 2001 NW 107th Avenue Miami, FL 33172-2507 INSURERS: AMERICAN GUARANTEE & LIABILTY INSURANCE 26247 mmussRC: STEADFAST INSURANCE COMPANY 26387 INSURERD: INSURERS: INSURER F: CERTIFICATE NUMBER: 20628864 REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADOL INSR SUBR INVD POUCY NUMBER POLICY EFF (MM/DD/YYYYI POUCY EXP MM/DDIYYYY) LIMITS A GENERALLIABILITY X COMMERCIAL GENERAL LIABILITY GLO 9139458-04 09/30/1e 09/30/11 EACHOCCURRENCE $ 1,000,000 DAMAGE TO NTE PREMISES (Ea occurrence) 0,000,000 MED EXP (Any one person) $ 25, 000 X _ _ !CLAMS -MADE IX 'OCCUR Contractual Liability PERSONAL&ADVINJURY $ 1.000,000 GENERALAGGREGATE $ 2,000,000 PRODUCTS-COMP/OP AGG $ 2,000,000 GEML AGGRE�GATE LIMIT APPLIES POLICY I � JERCT X PER: LOC $ B AUTOMOBILELIABLITY X X X ANY AUTO ALL OWNED X . SCHEDULED BAP 9139457-04 09/30/10 09/30/11 COMBBIINdEBD SINGLE LIMIT ntl $ 2,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Peracc(dent) $ PROPERTY DAMAGE (Px acddent $ $ C X UMBRELIALIAB EXCESS LIAB X OCCUR CLAIMS -MADE AUC 508762106 09/30/10 09/30/11 EACH OCCURRENCE $ 25,000,000 AGGREGATE $ 25, 000, 000 $ DED 1 RETENT ON $ 0 A WORKERSCOMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE YIN OFFICER/MEMBER EXCLUDED? N (Mandatoryin NH) Nyes, describe under DESCRIPTION OF OPERATIONS below N/A WC 9139459-04 09/30/10 09/30/11 X TORYDMITS CFR E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYED $ 1,000,000 E.L. DISEASE - POLICY LIMIT $ 1,000, 000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 8 more space Is required) RE: As -Needed Financial Consulting Services for Fiscal Years 2010 and 2011. City of National City, its officers, agents, employees, and volunteers are Additional Insureds on the General Liability and Automobile Liability on a Primary & Non -Contributory basis, if required by contract, with respect to the operations of the insured on the above listed project. Waiver of Subrogation on the on the Workers Compensation in favor of the Additional Insureds. See attached for additioinal wording. ANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE National City, City of THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 1243 National City Boulevard AUTHORIZED REPRESENTATIVE +�,,/��' y!' ',Fil National City, CA 91950 t e-4 �- i USA ACORD 25 (2010/05) edornne 20628864 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD SUPPLEMENT TO CERTIFICATE OF INSURANCE DATE 04/07/2011 NAME OF INSURED: Atkins North America, inc. Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d/b/a/ PBS&J changed its name officially to Atkins North America, Inc. There are no Deductibles or Self -Insured Retentions on the General Liability, Automobile Liability and Workers Compensation and Dabrella coverages. Steadfast Insurance Company/#26387 - AM Beat Rating = A XV Zurich American Insurance Company/#16535 - AM Beat Rating . A XV American Guarantee and Liability Insurance Company/#26247 - AM Beat Rating = A XV SUPP (10/00) `'( �® CERTIFICATE OF LIABILITY INSURANCE Page 1 of 1 04/07/2o THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. AND CONFERS NO RIGHTS UPON THE CERTIFICATE EXTEND OR ALTER THE COVERAGE AFFORDED HOLDER. THIS BY THE POLICIES AUTHORIZED A CONTRACT BETWEEN THE ISSUING INSURER(S), IMPORTANT: ff the certificate holder is an ADDITIONAL INSURED, the policy(ies)must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PROOUCER Willis North America, Inc. 26 Century Blvd. P. O. Box 305191 Nashville, TN 372305191 CONTACT NAMF PHONE FAX NQ wry 877-945-7378 We Nay 888-467-2378 �A/r AnnRFss• certificates@willis.com INSURER(S)AFFORDING COVERAGE NAIC# INSURER A: Underwriters at Lloyd's London (IL) 15792-101 INSURED Atkins North America, Inc 2001 NW 107th Avenue Miami, FL 33172-2507 I INSURER B. INSURERC: INSURER D: INSURER E: INSURER F: REVISION NUMBER: `THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR I TR,BiS8I1 TYPE OFINSURANCE ADD'L SUES* WVn, POLICY NUMBER POLICY EFF ,u llontrnon POLICY EXP rMM/DDIrrrs LIMITS GENERAL LMBIUTY EACH $ COMMERCIAL GENERAL LIABILITY GOECCCURRENCE PREMISES (Ea neo $ CLAIMS -MADE OCCUR MED EXP (Anyone person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GENI.AGGREGATE LIMIT APPLIES PER: PRODUCTS- COMP/OP AGG $ POLICY 7,9- P1 LOC $ AUTOMOBILELIABIUTY COMBINEDESINGLE LIMIT $ ANY AUTO BODILY INJURY(Perperson) $ ALL OWNED TAUTOS SCHEDULED AUTOS BODILYINJURY(Pereoadent) $ HIRED '—'NON-OWNED AUTOS PROPERTY DAMAGE $ $ UMBRELLA UAB OCCUR EACH OCCURRENCE $ EXCESS LIAR — CLAIMS -MADE AGGREGATE $ DED RETENTION $ $ WORKERS COMPENSATION WC STATU- OTH- TORYIIMITS FR ANDEMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE Il N /A E.L. EACH ACCIDENT $ OFFICERJMEMBER EXCLUDED? I (Uandatory,in N11) E.L. DISEASE -EAEMPLOYEE $ yes describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ A Professional Liability B080111209P11 4/1/2011 4/1/2012 $1,000.000 Bach Claim F $1,000,000 Annual Aggregate 11/11/1961 Retrodate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach Acord 101, Addltonal Remarks Schedule, 0 more space Is required) Re: As needed financial consulting services for fiscal years 2010 and 2011 Policy written on Claims -made Form Effective April 1, 2011, Post, Buckley, Schuh & Jernigan, Inc., d/b/a PBS&J changed its name officially to Atkins North America, Inc. Underwriters at L1oyd'_s Jondon AM Best Rating: A XV CERTIFICATE HOLDER CANCELLATION City of National City Attn: Joe Smith, Director of Public Works 1243 National City Boulevard National City, CA 91950 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2010/05) Coll :3322438 Tp1:1249269 Cert:1535 191988-2010ACORD CORPORATION. All rights. reserved. The ACORD name and logo are registered marks of ACORD RESOLUTION NO. 2011 — 93 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT FOR AS -NEEDED FINANCIAL SERVICES WITH ATKINS, NORTH AMERICA, INC., (FORMERLY POST, BUCKLEY, SCHUH & JERNIGAN, INC., (PBS&J)) TO REFLECT THE CHANGE OF THE COMPANY'S NAME WHEREAS, on May 4, 2010, the City entered into an agreement with Post, Buckley, Schuh & Jernigan ("PBS&J") to provide as -needed financial services for the amount of $43,769.36; and WHEREAS, on April 1, 2011, PBS&J officially became Atkins North America, Inc., as a result of an acquisition that took place in 2010, however, such corporate formalities such as their Federal Tax ID number, banking information, insurance coverage, company management, and Project Director did not change. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the First Amendment to the Agreement entered into on May 4, 2010, as follows: 1. Whenever Consultant PBS&J's name appears in the Agreement, it shall now be known as Atkins North America, Inc. 2. Atkins North America, Inc., agrees to be bound to all the same terms and conditions in the Agreement. PASSED and ADOPTED this 19th day of April, 2011. n Morrison, Mayor ATTEST: A,,4 Michael R. Dalla, City Clerk APPROVED AS TO FORM: gAlLi 'A" Claudia G. Silva City Attorney Passed and adopted by the Council of the City of National City, California, on April 19, 2011 by the following vote, to -wit: Ayes: Councilmembers Morrison, Natividad, Rios, Sotelo-Solis, Zarate. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California A) City Clerk of the ity o'F National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-93 of the City of National City, California, passed and adopted by the Council of said City on April 19, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: April 19. 2011 AGENDA ITEM NO. 18 EEM TITLE: Resolution of the City Council of the City of National City authorizing a First Amendment to Agreement by and between the City of National City and Atkins North America, Inc. (formerly Post, Buckley, Schuh & Jernigan, Inc. (PBS&J)), to provide as -needed services. PREPARED BY: Joe Smith PHONE: 336-4587 EXPLANATION: On May 4, 2010, the City entered into an agreement with Post, Buckley, Schuh & Jernigan, Inc., dba PBS&J, to provide the City of National City with as -needed services. The City was informed in a letter dated March 24, 2011 that effective April 1, 2011 PBS&J will officially become Atkins North America, Inc. as a result of an acquisition that took place in 2010. However, this acquisition did not change any other corporate formalities such as Federal Tax ID number, banking information, insurance coverage, company management and Project Director. DEPARTMENT: P APPROVED BY: licWVrks .4t This agreement is for two years and is to expire on May 4, 2012. FINANCIAL STATEMENT: ACCOUNT NO. N/A There is no financial impact to this amendment. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: APPROVED: APPROVED: Finance MIS STAFF RECOMMENDATION: Approve the Amendment BOARD / COMMISSION RECOMMENDATION: N/A ATTACHMENTS: rst Amendment to Agreement Letter from PBS&J dated March 24, 2011 OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 thICORP°RATE'D Michael R. Daila, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax April 25, 2011 Ms. Jennifer Duffy Atkins North America, Inc. 9275 Sky Park Court, Suite 200 San Diego, CA 92123 Dear Ms. Duffy, On April 19th, 2011, Resolution Nos. 2011-92 and 2011-93 were passed and adopted by the City Council of the City of National City, authorizing execution of Amendments to Agreements with Atkins North America, Inc. We are enclosing for your records certified copies of the above Resolutions and fully executed original Amendments. Michael R. Dalla, CMC City Clerk Enclosures cc: Public Works Dept.