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2011 CON Project Professionals - Amendment #1 Project Management Services Capital Improvement Projects
FIRST AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND PROJECT PROFESSIONAL CORPORATION, INC This Amendment No. 1, to the Agreement, is entered into this 7T" day of June, 2011 by and between the City of National City, a municipal corporation ("CITY"), and Project Professional Corporation, 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 $300,000. 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 $300,000, for a total agreement amount of $600,000. 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. 2010-225, shall be amended by increasing the not -to -exceed limit by $300,000 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 N ONAL CITY By: on Morrison, Mayor ROVED FORM: dia G. S City Attorne Project Professional Corporation, Inc. By: By: (Print) � )-►T /fit✓U (Title) (Name) pirleB. I., (Print) c�C� (Title) AW D CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 06/09/2011 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 AHERN INSURANCE BROKERAGE 9655 GRANITE RIDGE DR STE 500 SAN DIEGO, CA 92123 (888) 661-3938 X0052 882 CONTACT NAME: PHONE Ext): (888) 661-3938 I (� , No): (877) 552-5091 E-MAILo ADDRESS: Service. center@travelers.com PRODUCER CUSTOMER ID#: 1104EA146 INSURER(S) AFFORDING COVERAGE NAIC # INSURED PROJECT PROFESSIONAL CORP 656 FIFTH AVENUE STE. W SAN DIEGO, CA 92101 INSURER A:TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA INSURER B:TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA INSURER C: INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 8185237 • 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF SMM/DO/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS 8 GENERAL X LIABIITY COMMERCIAL GENERAL LIABILITY X OCCUR X 680-9688P418-11 05/10/2011 05/10/2012 EACHOCCURRENCE $2,000,000 DAMAGE TO RENTED PREMISES (Ea occurrence) $300,000 CLAIMS -MADE MED EXP (Any one person) $5,000 X X HIRED AUTO PERSONAL 8 ADV INJURY $2,000,000 NON OWNED AUTO GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES 1POLICY n JECTPRO- � PER: - LOC PRODUCTS - COMP/OP AGG $4,000,000 $ AUTOMOBILE __ LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTYDAMAGE r ac $ $ $ — UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE I OFFICER/MEMBER EXCLUDED? (Mandatory in NH) I( yes, describe under SPECIAL PROVISIONS below N/A UB-1329R331-11 05/10/2011 05/10/2012 X I TORY LIAMITS I O R E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1 ,000,000 E.L- DISEASE - POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS 1 VEHICLES (Attach ACORD 101, Additional Remarks Schedule, N more space is required) AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - BLANKET ADDL INSD-OWNERS/LESSEES/CONTR, CG D1 05, BUT ONLY AS RESPECTS TO WORK BEING PERFORMED BY THE INSURED. CERTIFICATE HOLDER CANCELLATION CITY OF NATIONAL CITY COMMUNITY DEVELOPMENT COMMISSION 1243 NATIONAL CITY BLVD 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 •�", © 1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES CONTINUED... AS RESPECTS TO WORKERS COMPENSATION COVERAGE, WC 04 03 06 (1)-WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA, HAS BEEN ATTACHED TO THE POLICY. CITY OF NATIONAL CITY IS LISTED IN THE ENDORSEMENT SCHEDULE AS A DESIGNATED PERSON OR ORGANIZATION. CG M1 06 PROVIDES A TOTAL AGGREGATE LIMIT OF $10,000,000 THAT APPLIES TO ALL "PROJECTS''. COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PROVISIONS: 1. WHO IS AN INSURED (SECTION I1) is amended to include as an insured any person or organiza- tion (called hereafter "additional insured") whom you have agreed in a written contract, executed prior to loss, to name as additional insured, but only with respect to liability arising out of "your work" or your ongoing operations for That addi- tional insured performed by you or for you. 2. With respect to the insurance afforded to Addi- tional Insureds the following conditions apply: a. Limits of Insurance — The following limits of liability apply: 1. The limits which you agreed to provide: or 2. The limits shown on the declarations, whichever is less. b. This insurance is excess over any valid and collectible insurance unless you have agreed CG D1 05 04 94 in a written contract for this insurance to apply on a primary or contributory basis. 3. This insurance does not apply: a. on any basis to any person or organization for whom you have purchased ar Owners and Contractors Protective policy. b. to "bodily injury," "property damage," "per- sonal injury," or "advertising injury" arising out of the rendering of or the failure to render any professional services by or for you, in- cluding' 1. The preparing, approving or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and 2. Supervisory, inspection or engineering services. Copyright, The Travelers Indemnity Company, 1994. Page 1 of 1 Includes Copyrighted Material from Insurance Services Office, Inc. TRAVELERS) WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 04 03 06 (01) — 001 POLICY NUMBER: (IJUB-1329R33-1-10) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT-CALIFORNIA 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.) 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 1.000 % OF THE CALIFORNIA WORKERS' COMPENSATION PREMIUM OTHERWISE DUE ON SUCH REMUNERATION. SCHEDULE PERSON OR ORGANIZATION JOB DESCRIPTION CITY OF NATIONAL CITY CONSULTING DATE OF ISSUE: 08-02-10 STASSIGN: RESOLUTION NO. 2011 — 143 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A FIRST AMENDMENT TO THE AGREEMENT WITH PROJECT PROFESSIONALS CORPORATION INCREASING THE NOT TO EXCEED AMOUNT AN ADDITIONAL $300,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS WHEREAS, on October 5, 2010, the City Council adopted Resolution No. 2010- 225, approving a two-year Agreement with Project Professionals Corporation to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for a not to exceed amount of $300,000; and WHEREAS, the First Amendment to the Agreement increases the not to exceed amount an additional $300,000 for the various capital improvement projects for Fiscal Year 2011-2012, for a total Agreement amount of $600,000. 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 Project Professionals Corporation increasing the not to exceed amount an additional $300,000 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. ATTEST: h Mic ael R. Dalla, ity Clerk A' "ROVED AS TO FORM: It , .41A fU:Ira 'ilv. Attorney on Morrison, Mayor 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 // Ai City Clerk of the City 6f National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-143 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 MEETING DATE: July 5, 2011 AGENDA ITEM NO. 11 ITEM TITLE: Resolution of the City Council of National City approving a contract amendment between the City and Project Professionals Corporation increasing the Not -to -Exceed amount an additional $300,000 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: Develo.y . ces-Engineering Divi '.�.�� PHONE: 4583 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 $300,000 for the original contract with Project Professionals Corporation. —his amendment will bring the total not to exceed amount to $600,000. 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: APPROVED: Finance ACCOUNT NO. APPROVED: 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 Michael R. Dalia, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax July 11,2011 Mr. Byron Wade Project Professionals Corporation 656 Fifth Avenue, Suite W San Diego, CA 92101 Dear Mr. Wade, On July 5`h, 2011, Resolution No. 2011-143 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #1 to an Agreement with Project Professionals Corporation. 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.