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HomeMy WebLinkAbout2011 CON EsGil - Amendment #2 Consulting ServicesSECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION TO PROVIDE PLAN CHECKING, BUILDING INSPECTIONS AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS This Second Amendment to the Agreement is entered into this 21 st day of June, 2011, by and between the City of National City, a municipal corporation ("the CITY"), and EsGi1 Corporation (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an Agreement on August 19, 2008 ("the Agreement"), wherein the CONSULTANT agreed to provide plan checking, building inspection, and other related development services on an as - needed basis. B. The Agreement provided an option to extend the term of the Agreement for one- year, with up to three extensions. C. On August 3, 2010, CITY and CONSULTANT entered into the First Amendment to the Agreement to extend the term of the Agreement for a term of one year, expiring on August 19, 2011. D. The parties desire to exercise the option to extend the Agreement for the second of the three one-year extensions by extending the term of the Agreement for one additional year, from August 19, 2011 to August 18, 2012. NOW, THEREFORE, the parties hereto agree as follows: 1. The length of the Agreement, stated at Section 6, is extended for one year, from August 19, 2011 to August 18, 2012; and, 2. The compensation stated in Section 4 of the Agreement shall remain unchanged, with one exception. The not to exceed amount referenced in the fourth sentence of the third paragraph of Section 4 shall be amended for the term of this extension, as follows: The total cost for all work described in Exhibit `B" shall not exceed two -hundred forty-five thousand dollars ($245,000.00) for the term of this extension, specifically August 19, 2011 to August 18, 2012, without prior written authorization from the CITY. 3. Each and every term of the Agreement, shall remain in full force and effect, except for the amendment contained herein. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first above written. CITY OF NATIONAL CITY By: Ron Morrison, Mayor PROVED AS TO FORM: dia G. Si1v:, E City Attorney ESGIL CORPORATION By: `/ Kurt ulver, Vice President Chuck Mendenhall, Vice President AC 0RO D CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDD/YYYY) 9/23/2010 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 Cavignac & Associates 430 B Street, Suite 1800 San Diego, CA 92101-8005 INSURED EsGil Ccrporation 9320 Chesapeake Drive, #200 San Diego, CA 92123 United States NAMEACT ,Certificate Department PHONE 619-234-6848 LAIC IL Eal)' A ADDRESS, Certif lCateS®CdVlt)na0. COm PRODUCER ESGIL-1 CUSTOMER ID S. INSURER(S) AFFORDING COVERAGE INSURER A:TRTiMjyTF.Rs INn C't7 COF CT FAX IAIX, Ne):619-234-8601 INsuRERB:TRAVELERS PROP CAS CO OF AMER INSURER C : BEAZLEY INS CO INC NAIC # 95687 25674 37540 INSURER D INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: 120768 R 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 SUBR POLICY EFF POLICY EXP tNSR WVD POLICY NUMBER (MMIODIYYYYI (MM/DDIYYYY) LIMITS B GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY I X Insureds OCCUR 6801052T972 - 9/30/2010 9/1/2011 EACH OCCURRENCE $ 1,000,000 DAMAGE r(EaRENTED PDAMAGE (O RENTED occurrence) $ 1,000,000 CLAIMS -MADE MED EXP (Any one person) $ 10,000 X X GEN'L Separation of PERSONAL &AOV INJURY $ 1,000,000 Contractual Liability GENERAL AGGREGATE $ 2,000,000 AGGREGATE LIMIT APPLIES PER: I POLICY X PRO- JECT LOC PRODUCTS - COMP/OP AGG $ 2,000,000 Deductible $ 0 A AUTOMOBILE X LIABILITY ANY AUTO BA6663M034 9/10/2010 9/1/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000, 00D BODILY INJURY (Per person) $ BODILY INJURY (Per acadent) S PROPERTY DAMAGE (Per acddent) $ $ UMBRELLA LIAR EXCESS LIAB OCCUR CLAMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION ANDEMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS VIN N E.L- DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 C Professional Liability V15WOK100501 9/30/2010 9/1/2011 Each Claim Aggregate $1,000,000 $2,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule If mere space is required) CERTIFICATE HOLDER CANCELLATION City of National City 1243 National City Blvd. National City, CA 91950-4397 United States 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 Jeff Cavignac ACORD 25 (2009/09) ©1988-2009 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Page 2 of 2 EXIGIS-CAVIGNAC & ASSOCIATES 120705 POLICY NUMBER: 6801052T972 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 insurance that is available to such additional insured (Section II): which covers such additional insured as a named insured, Any person or organization that you agree in a "contract and we will not share with the other insurance, provided or agreement requiring insurance" to include as an that: additional insured on this Coverage Part, but only with (1) The "bodily injury" or "property damage" for respect to liability for "bodily injury", "property damage" which coverage is sought occurs; and or "personal injury" caused, in whole or in part, by your (2) The "personal injury" for which coverage is acts or omissions or the acts or omissions of those sought arises out of an offense committed; acting on your behalf: after you have entered into that "contract or agreement a. In the performance of your ongoing operations; requiring insurance". But this insurance still is excess b. In connection with premises owned by or rented to over valid and collectible other insurance, whether you; or primary, excess, contingent or on any other basis, that is c. In connection with "your work" and included within available to the insured when the insured is an additional the "products -completed operations hazard". insured under any other insurance. Such person or organization does not qualify as an C. The following is added to Paragraph 8. Transfer Of additional insured for "bodily injury", "property damage" Rights Of Recovery Against Others To Us in or "personal injury" for which that person or organization COMMERCIAL GENERAL LIABILITY CONDITIONS has assumed liability in a contract or agreement. (Section IV): The insurance provided to the additional insured is We waive any rights of recovery we may have against any limited as follows: person or organization because of payments we make for d. This insurance does not apply on any basis to any "bodily injury", "property damage" or "personal injury" person or organization for which coverage as an arising out of "your work" performed by you, or on your additional insured specifically is added by another behalf, under a "contract or agreement requiring endorsement to this Coverage Part. insurance" with that person or organization. We waive e. This insurance does not apply to the rendering of or these rights only where you have agreed to do so as part failure to render any "professional services". of the "contract or agreement requiring insurance" with f. The limits of insurance afforded to the additional such person or organization entered into by you before, insured shall be the limits which you agreed in that and in effect when, the "bodily injury" or "property "contract or agreement requiring insurance" to damage" occurs, or the "personal injury" offense is provide for that additional insured, or the limits committed. shown in the Declarations for this Coverage Part, D. The following definition is added to DEFINITIONS whichever are less. This endorsement does not (Section V): increase the limits of insurance stated in the LIMITS "Contract or agreement requiring insurance" means that OF INSURANCE (Section III) for this Coverage part of any contract or agreement under which you are Part. required to include a person or organization as an B. The following is added to Paragraph a. of 4. Other additional insured on this Coverage Part, provided that the Insurance in COMMERCIAL GENERAL LIABILITY "bodily injury" and "property damage" occurs, and the CONDITIONS (Section IV): "personal injury" is caused by an offense committed: However, if you specifically agree in a "contract or a. After you have entered into that contract or agreement requiring insurance" that the insurance agreement; provided to an additional insured under this Coverage Part b. While that part of the contract or agreement is must apply on a primary basis, or a primary and non- in effect; and contributory basis, this insurance is primary to other c. Before the end of the policy period. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Includes copyrighted material of Insurance Services Office, Inc., with its permission. Page 1 of 1 V TRAVELERS WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) POLICY NUMBER: UBo675TI69 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 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization Schedule Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE INSURED HAS COMPLETED A WRITTEN AGREEMENT TO PROVIDE THIS WAIVER. RESOLUTION NO. 2011 — 125 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND ESGIL CORPORATION IN THE NOT TO EXCEED AMOUNT OF $245,000 TO PROVIDE PLAN CHECKING, BUILDING INSPECTIONS, AND OTHER RELATED DEVELOPMENT SERVICES ON AN AS -NEEDED BASIS WHEREAS, on August 19, 2008, the City Council adopted Resolution No. 2008- 164 to enter into a two-year agreement with Esgil Corporation to provide plan checking, building inspection, and other related development services on an as -needed basis; and WHEREAS, said Agreement provided the option to extend the term of the Agreement for a one-year period for up to three years; and WHEREAS, on August 3, 2010, by the adoption of Resolution No. 2010-171, the City Council authorized a one-year extension of the Agreement from August 19, 2010 to August 19, 2011, for the not to exceed amount of $245,000; and WHEREAS, the City and Esgil Corporation desire to extend the term of the Agreement for another one-year period, from August 19, 2011 to August 18, 2012, for the not to exceed amount of $245,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute a Second Amendment to Agreement between the City and Esgil Corporation to extend the term for one year from August 19, 2011 to August 18, 2012, for the not to exceed amount of $245,000, to provide plan checking, building inspections, and other related development services on an as -needed basis. Said Second Amendment to Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 21 st day of June, 2011 on Morrison, Mayor ATTEST: cO9'Michael R. tialla, City Clerk A• PROVED AS TO FORM: G. Silva Attorney Passed and adopted by the Council of the City of National City, California, on June 21, 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 City Clerk of the City of National City, California By: I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2011-125 of the City of National City, California, passed and adopted by the Council of said City on June 21, 2011. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT MEETING DATE: June 21, 2011 AGENDA ITEM NO. 8 ITEM TITLE: A Resolution of the City Council of the City of National City authorizing the Mayor to execute a Second Amendment to the Agreement between the City of National City and EsGiI Corporation, not to exceed $245,000 to provide plan checking, building inspections and other related development services on an as -needed basis. PREPARED BY: Lynn Cod✓,. PHONE: x-4318 DEPARTMENT: Development Se Building Divisio APPROVED BY: EXPLANATION: On August 19, 2008 the City and Esgil Corporation entered into an Agreement to provide plan checking, building inspection, and other related development services on an as -needed basis. The Agreement was for two years, with the option of the City to extend the agreement at one-year intervals, up to three extensions. On August 3, 2010, the City entered into the First Amendment to the Agreement and extended the term of the Agreement for one year, expiring on August 19, 2011. The proposed Resolution would be the second amendment to the Agreement, extending the Agreement for an additional one year, from August 19, 2011 to August 18, 2012. FINANCIAL STATEMENT: APPROVED: Finance ACCOUNT NO. APPROVED: MIS The FY 2011-12 Budget contains $150,000 in account 001-406-028-213, and $130,000 in account 120-406-028-213 to cover plan checking, building inspection and other related development services provided by EsGil Corporation. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt the Resolution BOARD / COMMISSION RECOMMENDATION: ATTACHMENTS: 2nd Amendment to Agreement Resolution 1XCORPQRATEt' August 9, 2010 Mr. Kurt Culver EsGil Corporation 9320 Chesapeake Drive #208 San Diego, CA 92123 Dear Mr. Culver, OFFICE OF THE CITY CLERK 1243 National City Blvd. National City, California 91950 Michael R. Dalla, CMC - City Clerk 619-336-4228 phone / 619-336-4229 fax On June 21st, 2011, Resolution No. 2011-125 was passed and adopted by the City Council of the City of National City, authorizing execution of a Second Amendment to an Agreement with EsGil Corporation. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, Esther Clemente Deputy City Clerk Enclosures cc: Engineering Dept.