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HomeMy WebLinkAbout2011 CON CivilSource - Amendment #1 Engineering Services Capital Improvement ProjectsFIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND CIVILSOURCE, 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 CivilSource, 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, 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 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. 2010-228, 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 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: Morrison, Mayor A"PROVED AS TO FORM: y Attorney CivilSource, Inc. By: 19t i1 By: (Name) (Print) 04(inA0 (t (Title 7t(Name (Print) ! �-rr) > rt (rrtf6" Client#: 13851 CIVILSOUR ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DDIYYYY) 09/22/10 PRODUCER Dealey, Renton & Associates P. O. Box 10550 to Ana, CA 92711-0550 • 427-6810 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 Civil Source, Inc. 500 Wald Street Irvine, CA 92618 INSURER ATravelers Indemnity Co. of Connectic 25682 INSURER B. Travelers Property Casualty Co of Am 25674 INSURER c Travelers Casualty&Surety Co of Amer 31194 INSURER D: 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 LTR ADD'L NSRO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE OATFs1MM,DD/YY) POLIY EXPIRATION DATE (MMIDOIYY) LIMITS A GENERAL LIABILITY COMMERCIAL GDAMDAAENERAL LIABILITY 6802810L758 General Liab.PREMISEST excludes claims arising out of the performance of professional services. 07/20/10 07120/11 EACH OCCURRENCE $1,000,000 X (MGE S Ra TORtef $1,000 000 CLAIMS MADE X OCCUR MED EXP (Any one person) 810,000 X Contractual Liab. PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $2,000,000 PRO- r IOC POLICY X JECT B AUTOMOBILE LIABIUTY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BA4592L377 07/20/10 07/20/11 - COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGO £ B EXCESSIUMBRELLA LIABILITY CUP6772Y251 Does not include Professional Liability. 07/20/10 07/20/11 EACH OCCURRENCE $1,000,000 X I OCCUR CLAIMS MADE AGGREGATE £1,000,000 DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETORWARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? If yes. describe under SPECIAL PROVISIONS below UB6771Y518 07/20/10 07/20/11 - OTH- X Tr TORYIIMITS FR E.L. EACH ACCIDENT $1,000,000 $1,000,000 $1,000,000 E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT r.. OTHER professional Liability Claims made 105316987 07/20/10 07/20/11 $2,000,000 per claim $2,000,000 annl aggr. $5,000 Ded. per claim DESCRIPTION OF OPERATIONS I LOCATIONS ! VEHICLES 1 EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL PROVISIONS The City of National City, its elected officials, officers, agents, and employees are additional insured on General & Auto Liability coverage as per written contract. Waiver of subrogation included in work comp. (See Attached Descriptions) CERTIFICATE HOLDER City of National City Attn: Maryam Babaki, P.E. 1243 National City National City, CA 91950 CANCELLATION Ten Day Notice for Non -Payment of Premium SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL RIZ/MRRRIX MAIL 311 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, VAIXR9aeafitXDOAXKOWEIk NalefADtXRXlintt€RRMDCIGRXDAIdk.fdX70 ANXXMWXZegXXIXEMAMEkli ARACXXXXXX Rtitte RgtOPXXXXX AUTHORIZE REPRESENTATIVE ACORD 25 (2001108) 1 of 2 #S274246/M274245 THC © ACORD CORPORATION 1986 DESCRIPTIONS (Continued from Page 1) General Liability Deductible: $0 AMS 25.3 (2001/08) 2 of 2 4S2742461M274245 POLICY NUMBER: BA4592L377 COMMERCIAL AUTO CA20480299 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 09/22/10 Named insured Civil Source, Inc. Name of Person(s) or Organization(s): City of National City Attn: Maryam Babaki, P.E. 1243 National City National City, CA 91950 SCHEDULE The City of National City, its elected officials, officers, agents, and employees. (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 WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) -- POLICY NUMBER: UB6771Y518 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA (BLANKET WAIVER) 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. 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 mium otherwise due on such remuneration. Schedule Person or Organization: City of National City Attn: Maryam Babaki, P.E. 1243 National City National City, CA 91950 DATE OF ISSUE: 09/22/10, of the California workers' Compensation pre - Job Description: The City of National City, its elected officials, officers, agents, and employees. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; 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". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The foliowing 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 the insurance provided to an additional insured under this Cov- erage 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 insured which covers such addi- tional 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", But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The foliowing is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily CGD381 0907 2007 The Travelers Companies, Inc. Page 1 of 2 Includes the copyrighted material of insurance Services Office, inc., with its permission COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sona! injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage' occurs, and the "persona; in- juryis caused by an offense committed: a. After you have entered into that contact or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 Includes the co n copyrighted material of insurenm Services Office, inc., with Its permission m 2007 The Travelers Companies, I c. CG D3 81 09 07 RESOLUTION NO. 2011 — 141 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH CIVILSOURCE, 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 5, 2010, the City Council adopted Resolution No. 2010- 228, approving a two-year Agreement with CivilSource, 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 CivilSource, 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 ROVED 11 A'Tdia G. Si City Attorney TO FORM: 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 /Iil,4 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. 2011-141 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 C'd ii10 - 'l0 :ETING DATE: July 5, 2011 AGENDA ITEM NO. 9 ITEM TITLE: Resolution of the City Council of National City approving a contract amendment between the City and CivilSource, 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 PHONE: 4583 DEPARTMENT: Develoyn ices -Engineering APPROVED 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 CivilSource, Inc. This amendment will ing the total not to exceed amount to $200,000. Staff recommends approval of this amendment to provide services needed _ 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: fTACHMENTS: 1. Amendment to Agreement 2. Resolution ORN'IA NCORPORATED July 11, 2011 Ms. Amy Amirani CivilSource, Inc. 500 Wald Street Irvine, CA 92618 Dear Ms. Amirani, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalia, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax On July 5th, 2011, Resolution No. 2011-141 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #1 to an Agreement with CivilSource, 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.