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HomeMy WebLinkAbout2011 CON Bureau Veritas North America - Amendment #1 Engineering Services Capital Improvement ProjectsFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND BUREAU VERITAS NORTH AMERICA, 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 Bureau Veritas North America, Inc. (the "CONSULTANT"). RECITALS WHEREAS, The CITY and the CONSULTANT entered into an agreement on October 19, 2010, ("the Agreement") wherein the CONSULTANT agreed to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. WHEREAS, the original not to exceed amount was $100,000. WHEREAS, the agreement expires on October 20, 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 19, 2010, through the adoption of City of National City Council Resolution No. 2010-234, shall be amended by increasing the not -to -exceed limit by $100,000 to provide general engineering services, construction inspections and project management 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 19, 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 IITIONAL CITY Bureau Veritas North America, Inc. By: Ron Morrison, Mayor OVED AS TO FORM: y Attorney By: Name) /7P /4XV (Print) 1,11 (Titl By: (Print) Vice Ppirt I/r !ems (Title) ea AI`Of20 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) D�08�011 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 Aon Risk Services Northeast, Inc. Parsippany NJ Office 10 Lanidex Center West P.O. Box 608 Parsippany NJ 07054-0608 USA CONTACT NAME: PHONE <8G6) 283-7122 FAX (847) 953-5390 (NC. No. E:q:(NC. No.). E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC k INSURED Bureau veritas North America, Inc. 11590 W. Bernardo Court, 4100 San Diego CA 92127 USA INSURER A: Lexington Insurance company 19437 INSURERS: New Hampshire Ins Co 23841 kNSURERC: National Union Fire Ins Co of Pittsburgh 19445 INSURER D: Commerce & Industry Ins Co 19410 INSURER E: Granite state Insurance Company 23809 INSURER F: COVERAGES CERTIFICATE NUMBER: 570042775972 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. Limits shown are as requested INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMDER POLICY EFT (MM/DDNvrvvvv) POLICY EXP (MMIDDIYYYY) LIMITS D GENERALLIABILITY GL6439313 04/01/2U11 64/01/201/ EACH OCCURRENCE $1,000,000 X COMMERCIALGENERALLIABILITV DAMAGE IO RE TED PREMISES (Ea occurrence) $1,000,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) 125,000 PERSONAL &ADV INJURY $1,000,000 GENERALAGGREGATE $2,000,000 GEN1 AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG 82,000,000 '—I POLICY X PRO �JECT X LOC C AUTOMOBILE LIABILITY CA 3377177 AOS 04/01/201104/01/2012 COMBINED SINGLE LIMIT (En aecidenn $1,000,000 E x ANYAUTO CA 3377178 04/01/201104/01/2012 BODILYINJURY(Perpersan) ALL OWNED SCHEDULED AUTOS MA BODILY INJURY (Feraccident A AUTOS HIRED AVTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) _ UMBRELLALIAB OCCUR EACH OCCURRENCE EXCESSLIAB CLAIMS -MADE AGGREGATE DED RETENTION B WORHERSCOMPENSATIONAND EMPLOYERS' LIABILITY WCO25842303 04/01/2011 04/01/2012 X wC STATU- TORY LIMITS OTH- ER B YIN ANY PROPRIETOR/ PARTNER I EXECUTIVE ( N I N/A AOS WCO25842304 04/01/2011 04/01/2012 E. L. EACH ACCIDENT $1, 000,000 OFFICER/MEMBER EXCLUDED, (Mandatory in NH) CA E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1, 000 000 A Archit&Eng Prof 026030221 SIR applies per policy terns 11/30/2010 & condi 12/15/2011 :ions Each Claim Aggregate 11,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is equ-Iced) The Architects & Engineers policy 'ncludes coverage for Professional Liability and Contractors Pollution Liabi ity. RE: On Call Professional Engineer ng & Construction Services. City of National City is included as Additiona Insured as required by written contract, but invited to the operations of the Insured under said contract, per the applicable endorsement with respect to the General Liability and Automobile Liability policies. A Waiver of Subrogation is granted in favor of Certificate Holder as required by written contract but limited to the operations of the Insured under said contract, with respect to the Workers' compensation. CERTIFICATE HOLDER CANCELLATION City of National City Attn: Barby Tipton 1243 National City National city CA 91950 USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Holder Identifier : AUTHORIZED REPRESENTATIVE sa. ✓l.IdYL c/it li2lGrGV/[fLL J71G ©1988-2010 ACORD CORPORATION. All rights reserved ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD ENDORSEMENT This endorsement, effective 12:01 A.M. 04/01/2011 forms a part of policy No.CA 337-71-77 issued to BUREAU VERITAS NORTH AMERICA, INC. by NATIONAL UNION FIRE INSURANCE COMPANY OF P I TTSBURGH , PA THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - WHERE REQUIRED UNDER CONTRACT OR AGREEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM SCHEDULE ADDITIONAL INSURED: ANY PERSON OR ORGANIZATION FOR WHOM YOU ARE CONTRACTUALLY BOUND TO PROVIDE ADD'L INSURED STATUS BUT ONLY TO THE EXTENT OF SUCH PERSON OR ORGANIZATIONS LIABILITY ARISING OUT OF THE USE OF A COVERED AUTO I. SECTION II - LIABILITY COVERAGE, A. Coverage, 1. - Who Is Insured, is amended to add: d. Any person or organization, shown in the schedule above, to whom you become obligated to include as an additional insured under this policy, as a result of any contract or agreement you enter into which requires you to furnish insurance to that person or organization of the type provided by this policy, but only with respect to liability arising out of use of a covered "auto". However, the insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract or agreement. 87950 (10i05)Archive Copy 7-14.44-4 Authdfized Representative or Countersignature (in States Where Applicable) Page 1 of 1 POLICY NUMBER: GL 643-93-13 COMMERCIAL GENERAL LIABILITY CG 20 10 07 04 THIS 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): Location(s) Of Covered Operations BLANKET 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: CG20100704 1. All work, including materials, parts or equip- ment 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 organ- ization other than another contractor or sub- contractor engaged in performing oper- ations for a principal as a part of the same project. ® ISO Properties, Inc.,2004 Page 1 of 1 0 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement changes the policy to which it is attached effective on inception date of the policy unless a different date is indicated below. (The folSowirg "attaiing clause" need be completed only when this endorsement is issued subsequent to preparation of the policy). This endorsement, effective 12:01 AM 04/01 / 2011 Issued to BUREAU VERITAS NORTH AMERICA, INC. By NEW HAMPSHIRE INSURANCE COMPANY Premium forms a part of Policy No. WC 025-84-2303 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. This agreement shall not operate directly or indirectly to benefit any one not named in the Schedule. Schedule ANY PERSON OR ORGANIZATION TO WHOM YOU BECOME OBLIGATED TO WAIVE YOUR RIGHTS OF RECOVERY AGAINST, UNDER ANY CONTRACT OR AGREEMENT YOU ENTER INTO PRIOR TO THE OCCURRENCE OF LOSS. This form is not applicable in California, Kentucky, New Hampshire. New Jersey, North Dakota, Ohio, Tennessee, Texas, Utah, or Washington. WC 00 03 13 (Ed. 04/84) Countersigned by Authorized Representative RESOLUTION NO. 2011 — 140 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH BUREAU VERITAS NORTH AMERICA, INC., 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 19, 2010, the City Council adopted Resolution No. 2010- 234, approving a two-year Agreement with Bureau Veritas North America, Inc., 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 Bureau Veritas North America, Inc., 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, 2011 on Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk OVED A TO FORM: /LAI ty Attorne 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 ,,7 ,t) 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. 2011-140 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 :ETING DATE: July 5, 2011 AGENDA ITEM NO. 8 ITEM TITLE: Resolution of the City Council of National City approving a contract amendment between the City and Bureau Veritas North American, Inc. 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) PREPARED BY: Barby Tipton DEPARTMENT: Development Se ' es -Engineering Division PHONE: 4583 APPROVED B?': 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 Bureau Veritas North American, Inc. its amendment will bring the total not to exceed amount to $200,000. Staff recommends approval of this amendment to ,_.ovide services needed 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: TTACHMENTS: 1. Amendment to Agreement 2. Resolution OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 "Teti onA1 v Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax July 11, 2011 Mr. Philip Kern Bureau Veritas North America, Inc. 11590 West Bernardo Court, Suite 100 San Diego, CA 92127 Dear Mr. Kern, On July 5th, 2011, Resolution No. 2011-140 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #1 to an Agreement with Bureau Veritas North America, Inc. 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.