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HomeMy WebLinkAbout2011 CON Harris & Associates - Amendment #1 Engineering Services Capital Improvement ProjectsFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES, INC This Amendment No. 1, to the Agreement, is entered into this 7TH day of June, 2011 by and between the City of National City, a municipal corporation ("CITY"), and Harris & Associates, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 5, 2010, ("the Agreement") wherein the CONSULTANT agreed to provide on -call general engineering services for various Capital Improvement Projects. WHEREAS, the original not to exceed amount was $100,000. WHEREAS, the agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by parties. WHEREAS , The parties desire to amend the Agreement to increase the not -to -exceed limit by $100,000, for a total agreement amount of $200,000. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 5, 2010, through the adoption of City of National City Council Resolution No. 2010-226, shall be amended by increasing the not -to -exceed limit by $100,000 to provide general engineering services for various Capital Improvement Projects. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5, 2010, 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 By: on Morrison, Mayor Harris & Ases, Inc. (Corporati n is' natures of two corporate officers) By: (N (Print) (Title) By: ' J t EN- 4A-uu1Dt' 2-S a.ia, /4141 I ACORD" CERTIFICATE OF LIABILITY INSURANCE DA/os/2010 PRODUCER 0757776 HUB International Insurance P.O. Box 4047 Concord, CA 94524 Services 1-800-877-4560 Inc. 1 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 INSURED Harris & Associates Inc. Attn: Susan Mandilag 1401 Willow Pass Road, Suite Concord, CA 94520 I 500 INSURER A OneBeacon America Insurance Co. ...__.__..__.____.._...._..__..._....___.__.__ INSURER B.Wausau Underwriters Insurance Company ._._.....__....._...._.. INSURER C, Colony National Insurance Company INSURERD:Travelers Property Casualty Co of Amer. INSURER E. Continental Casualty Company THE POLICIES OF INSURANCE LISTED ANY REQUIREMENT, TERM OR CONDITION MAY PERTAIN, THE INSURANCE AFFORDED POLICIES. AGGREGATE LIMITS SHOWN _..._..__ .. _.._..._..__. ...._. ILTR TYPE OF INSURANCE LTR BELOW HAVE BEEN ISSUED TO THE INSURED OF ANY CONTRACT OR OTHER BY THE POLICIES DESCRIBED HEREIN MAY HAVE BEEN REDUCED BY PAID _......_... ... ...,.. ._,., __._. POLICY NUMBER NAMED ABOVE DOCUMENT WITH IS SUBJECT CLAIMS. POLICYEFFECTIVE_...- POLICYMIDDY DATE 84M10DlY1'I FOR THE POLICY RESPECT TO WHICH TO ALL THE TERMS, R O'__. POLICY EXPIRATION DATE /MM/ODlYYI PERIOD INDICATED. NOTWITHSTANDING THIS CERTIFICATE MAY BE ISSUED OR EXCLUSIONS AND CONDITIONS OF SUCH _.._.. .._.......... .. ..._.__. ... LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 7180096900004 08/01/10 08/01/11 EACH OCCURRENCE $ 1,000,000 FIRE DAMAGE (Any one fire) $ 1,000,000 X JCLAIMS MADE I X, OCCUR "X" "C" "U" ME0EXP(Any one person.) $ 10,000 PERSONAL &ADV INJURY S 1,000,000 X Separation of Insureds GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X Per LOC PRODUCTS - COMP/OP AGG $ 2,000,000 B AUTOMOBILE .,,,, X _ X_ X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS ASJZ91455034010 08/01/10 08/01/11 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $1,000,000 BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT OTHER THAN EA ACC -.-$----------- AUTO ONLY: AGG $ $ C EXCESS X LIABILITY OCCUR I I CLAIMS MADE AR6460401 08/01/10 08/01/11 EACH OCCURRENCE _AGGREGATE $ 10,000,000 $ 10,000 000 $ $ 0 WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ** PJ11188166N36A10 08/01/10 08/01/11 X J WCSTATV- I ICI?I� E.L. EACH ACCIDENT � $ 1,000,000 E.L. DISEASE• EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 E OTHER Professional Liability AEA113822501 08/01/10 08/01/11 Per Claim: s10,000,000 Aggregate: s 15,000,000 Ded. Each Claim: s150,000 DESCRIPTION OF OPERATIONSILOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS ** Workers Compensation policy excludes monopolistic states ND, OK, WA, WY. General & Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached forms ASC0010 0198 & CA2048 0299. RE: As -Needed Engineering Services (HA #082-0270) CERTIFICATE HOLDER I ADDITIONAL INSURED; INSURER LETTER: 082-0270 City of National City Ginny Orcutt c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 I USA CANCELLATION Ten Day Notice for Non -Payment of Premzwa SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL L iSX+Yc#itnt MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Xmmxxa 811XXI 1WXXXlXMlflklliXXXXXXAAVOIIOX3RIDN KX X ggyPKWAEg)IXXXXXXXXXXXXXXXXXXXXX AUTHORIZED REPRESENTATIVE ACORD 25-8 (7/97) dgarcia 16914389 ACORD CORPORATION 1988 POLICY #: 7180096900004 EFFECTIVE: 08/01/2010 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART and GL CONTRACTORS EXTENDER FORM VCG 206 02 05 a. COMMERCIAL GENERAL LIABILITY COVERAGE FROM CG 00 01 12 04 is amended by the following wording. b. GL CONTRACTORS EXTENDER paragraph 1. ADDITIONAL INSURED — REQUIRED IN CONTRACT, AGREEMENT OR PERMIT is deleted and replaced by the following wording. 1. WHO IS AN INSURED — (Section II) is amended to include as an additional insured any person or organization you are required to add as an additional insured under this policy in a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The person or organization is only an additional insured with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused by "your work" performed under the written contract or written agreement. 2. The insurance provided to the additional insured is limited as follows: a) This endorsement shall not increase the limits stated in Section III — LIMITS OF INSURANCE. b) The insurance provided to the additional insured does not apply to "bodily injury", "property damage", or "personal and advertising injury" arising out of an architect's, engineer's or surveyor's rendering of or failure to render any professional services including: 1. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, or drawings and specifications: and II. Supervisory or inspection activities performed as part of any related architectural or engineering activities. c) This insurance does not apply to "bodily injury: or "property damage" caused by "your work" included in the "products -completed operations hazard" unless you are required to provide such coverage for the additional insured by a written contract or written agreement in effect during this policy period and signed and executed by you prior to the loss for which coverage is sought. 3. Subpart (I)(a) of the Pollution exclusion (Section I — Coverages, part 2. f. of the Commercial General Liability Coverage form) does not apply to you if the "bodily injury" or "property damage" arises out of "your work" performed on premises which are owned or rented by the additional insured at the time "your work" is performed. 4. Any coverage provided by this endorsement to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured whether primary, excess, contingent or on any other basis unless a written contract or written agreement in effect during this policy period and signed and executed by you prior to the Toss for which coverage is sought specifically requires that this insurance apply on a primary and/or non- contributory basis. 5. As a condition of coverage, each additional insured must: a) Give us prompt written notice of any "occurrence" or offense which may result in a claim and prompt written notice of "suit". b) Immediately forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. ASC 00 10 01 98 Page 1 of 1 3:8 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 modi-fied 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. SCHEDULE Name of Person(s) or Organization(s): ANY PERSON OR ORGANIZATION WHERE THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT TO INCLUDE SUCH PERSON OR ORGANIZATION AS A DESIGNATED INSURED. 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 it of the Coverage Form. Thi endorsement is executed 6y the Wausau Underwriters Insurance Company Premium $ Effective Dam 08/01/2010 lror attachment ro Policy No. Audit Basis Ixsued'I'o Expiration Dare 08/01/201 1 ASIZ91455034010 Harris & Associates Inc. Countersigned by SI:SIiG; A3iY r I PRI SI DENT Authorized licpreacntative CA 20480299 Copyright, Insurance Services Office, Inc., 1995 s:s Excerpts from: Form CA0001 0306 BUSINESS AUTO COVERAGE FORM Policy Number: ASJZ91455034010 Insurer: Wausau Underwriters Insurance Company Policy Period: August 1, 2010 to August 1, 2011 5. Other Insurance a. For any covered "auto" you own, this Coverage Form provides primary insurance. For any covered "auto" you don't own, the insurance provided by this Coverage Form is excess over any other collectible insurance. However, while a covered "auto" which is a "trailer" is connected to another vehicle, the Liability Coverage this Coverage Form provides for the "trailer" is: (1) Excess while it is connected to a motor vehicle you do not own. (2) Primary while it is connected to a covered "auto" you own. b. For Hired Auto Physical Damage Coverage, any covered "auto" you lease, hire, rent or borrow is deemed to be a covered "auto" you own. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto". c. Regardless of the provision of Paragraph a. above, this Coverage Form's Liability Coverage is primary for any liability assumed under an "insured contract". d. When this Coverage Form and any other Coverage Form or policy covers on the same basis, either excess or primary, we will pay only our share. Our share is the proportion that the Limit of Insurance of our Coverage Form bears to the total of the limits of all the Coverage Forms and policies covering on the same basis. Page 1 of 1 7:8 Excerpts from: Liberty Mutual form AC 84 07 05 09 Liberty EXPRESS SM Auto Enhancement Endorsement BUSINESS AUTO COVERAGE FORM Policy Number: ASJZ91455034010 Insurer: Wausau Underwriters Insurance Company Policy Period: August 1, 2010 to August 1, 2011 XXIV - WAIVER OF SUBROGATION Paragraph A.5. in SECTION IV — BUSINESS AUTO CONDITIONS does not apply to any person or organization where the Named Insured has agreed, by written contract executed prior to the date of accident, to waive rights of recovery against such person or organization. Page 1 of 1 Excerpts from: OneBeacon Form VCG 206 02 05 @VANTAGE FOR GENERAL LIABILITY - CONTRACTORS COMMERCIAL GENERAL LIABILITY COVERAGE FORM Policy Number: 7180096900004 Insurer: OneBeacon America Insurance Company Policy Period: August 1, 2010 to August 1, 2011 5. BLANKET WAIVER OF SUBROGATION Section IV - Transfer of Rights of Recovery Against Others to Us Condition is amended to add the following: We will waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your ongoing operations done under a written contract or agreement with that person or organization and included in "your work" or the "products -completed operations hazard". This waiver applies only to persons or organizations with whom you have a written contract, executed prior to the "bodily injury" or "property damage", that requires you to waive your rights of recovery. Page 1 of 1 RESOLUTION NO. 2011 — 139 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH HARRIS & ASSOCIATES INCREASING THE NOT TO EXCEED AMOUNT AN ADDITIONAL $100,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR FY 2011-2012 WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 226, approving a two-year Agreement with Harris & Associates to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for a not to exceed amount of $100,000; and WHEREAS, the First Amendment to the Agreement increases the not to exceed amount an additional $100,000 for the various capital improvement projects for Fiscal Year 2011-2012, for a total Agreement amount of $200,000. 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 with Harris & Associates increasing the not to exceed amount an additional $100,000 to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for Fiscal Year 2011-2012. Said First Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 5th day of July, 20 Ron Morrison, Mayor ATTEST• c ael R. Dail i ,City M Clerk Passed and adopted by the Council of the City of National City, California, on July 5, 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 litZ/4/ 4,4- City Jerk of the Cit of National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-139 of the City of National City, California, passed and adopted by the Council of said City on July 5, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "IETING DATE: July 5, 2011 AGENDA ITEM NO. 7 ITEM TITLE: Resolution of the City Council of National City approving a contract amendment between the City and Harris & Associates increasing the Not -to -Exceed amount an additional $100,000 to provide additional on -call general engineering, construction inspections, and project management services for various Capital Improvement Projects and authorizing the Mayor to execute the amendment (Various Capital Improvement Project funds, no General funds) tT�qr PREPARED BY: Barby Tipton DEPARTMENT: Developme e ' -Engineering Division PHONE: 4583 APPROVED BY. EXPLANATION: On June 21, 2011, the Engineering Division of the Development Services Department presented the City Council with an On - Call Consultants Update. As mentioned, the Engineering Division solicited Request for Proposals (RFP) from professional Engineering firms to provide general engineering, construction inspections and project management for various Capital Improvement Projects. Five firms were selected to provide the needed on -call services for a period of two (2) years with the option to extend for an additional year. This requested amendment will provide funding for the Capital Improvement Projects planned for next fiscal year. As on -call services are needed for projects, supplemental agreements will be processed accounting for actual amounts and project(s) to be charged within the not -to -exceed limit. Council approved the not to exceed amount of $100,000 for the original contract with Harris & Associates. This amendment ill bring the total not to exceed amount to $200,000. Staff recommends approval of this amendment to provide services ;eded for current CIP projects as well as projects planned for next fiscal year. FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Finance MIS No financial impact at this time. Various Capital Improvement Projects will fund this agreement on an as needed basis not exceeding the contract amount and amendments to such. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt Resolution BOARD / COMMISSION RECOMMENDATION: LTTACHM ENTS: 1. Amendment to Agreement 2. Resolution CALIFORNIA OFFICE OF THE CITY CLERK NATItT National tiCity,nalCalifornia ity i91950 July 11, 2011 MCORPon.ATED Mr. Ehab Gerges Harris & Associates 1401 Willow Pass Road, Suite 500 Concord, CA 94520 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax Dear Mr. Gerges, On July 5th, 2011, Resolution No. 2011-139 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #1 to an Agreement with Harris & Associates. 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.