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HomeMy WebLinkAbout2012 CON Harris & Associates - Amendment #2 Engineering Services Capital Improvement ProjectsSECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES, INC This second Amendment to the Agreement, is entered into this 24th day of January, 2012 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") through the adoption of City of National City Council Resolution No. 2010-226 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 Agreement had a not -to -exceed amount of $100,000. WHEREAS, the Agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by the parties. WHEREAS, the parties amended the Agreement to increase the not - to -exceed limit by $100,000, for a total Agreement amount of $200,000 through the adoption of National City Council Resolution No. 2011-139, adopted on July 5, 2011. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 6, 2010, shall be amended to increase the Agreement by an additional $200,000 to cover costs to provide for all services in the original Agreement. This will bring the total not -to -exceed amount for this contract to $400,000. 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)4ATIONAL CITY By: Ron Morrison, Mayor HARRIS & f. CIATES, INC. By: (Print) APROVED A; TO FORM: (Title) CI .Rr is G. Silv City Attorney By: (Name) r (Prin QQ '(( 1RE5(D6 lT (Na e) \19.10 s Gcr��s c Qce (Title) Ac®eaD CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDO/YYYY) 08/01/2011 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 thls certificate dons not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 0757776 1-800-877-4560 HUB International Insurance Services Inc. P.O. Box 4047 Concord, CA 94524 INSURED Harris & Associates Inc. Attn: Susan Mandilag 1401 Willow Pass Road, Suite 500 Concord, CA 94520 22567764 CONTACT Dina A£kbami 925 609-6500 FAx No) 925 609 6550(mNAlo [x): EMAIL ADDRESS: dins: a_ fkhami@hubinternat3onal.com INSURERLS) AFFORDING COVERAGE NAIC A INSURER A: Massachusetts Say Insurance Co INSURERS: Wausau Underwriters Insurance Company INSURER : Colony National Insurance Company ENSURER D: Travelers Property Casualty Co of Amer. INSURER E: Continental Casualty Company INSURER F REVISION NUMBER: 1 THIS INDICATED. CERTIFICATE EXCLUSIONS ILTR IS TO CERTIFY THAT THE POLICIES NOTWITHSTANDING ANY REQUIREMENT, MAY BE ISSUED OR MAY AND CONDITIONS OF SUCH ...NSR ... .....--..--. TYPE OF INSURANCE OF INSURANCE PERTAIN, POLICIES. ADDL INSR SVBR WVO LISTED BELOW HAVE BEEN ISSUED TO TERM OR CONDITION OF ANY CONTRACT THE INSURANCE AFFORDED BY THE POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY . .. "-- POLICY EFF POLICY NUMBER ? (MMIDDIYYYY) THE INSURED OR OTHER DESCRIBED PAID CLAIMS. ..._..... POLICYCYEXP IMMIDOWErn NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN IS SUBJECT TO ALL THE TERMS. ............. .__.. _ ___.. _. LIMITS A GENERAL LIABILITY ....... ZHF920172200 i 08/01/11 08/01/12 EACH OCCURRENCE 5AMAOET'0 REN'tt6'"_..__.____ $ 1,000,000 X COMMERCIAL GENERAL LIABILITY PREMI¢ES(Ea occrrrence)$_ 500,.000 CLAIMS -MADE X J OCCUR MEDEXP(Anyonaporson) $ 10 ,000 X _] Ded: 10,000 per Occ PERSONAL a ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GENL AGGREGATE LIMIT APPLIES PER PRODUCTS COMPIOP coA - _ -I $ 2,000 000 - ....._ _..._. I X "I PRG- 1 POLICY t I 1 � LOC I $ ,IFr,7 B AUTOMOBILE LIABILITY ASJZ91455034011 08/01/11 08/01/12 COMBINED SINGLEL IMIT 1 C00 0c0 ANY AUTO BODILY INJURY (Porpenion) $ ... ALL OWNED SCHEDULED BODILY INJURY (Per accident) $ AUTOS AUTOS ... .._.__.. ........ -.. _. _. NON -OWNED I PROPERTY DAMAGE $ .... __ HIRED AUTOS X AUTOS (Per.Nocentj ....... ---. ...... .._.... X Ded: 0 $ C UMBR[LLALIAB X OCCUR AR6460401 0$/O1/11 08/01/12 EACH OCCURRENCE $ 10,000,000 X EXCESSLIAB CLAIMS -MADE AGGREGATE $ 10,000,000 X I RETENT ONE DED Jj $ WORKERS COMPENSATION PJUB8166N36A11 ** 08/01/11 08/01/12 (( XI70R.Y.LIISj._. �OTH AND EMPLOYERS' LIABILITY ER' ANY PROPPIETOWPARTNEWEXECUTIVE �1 E L. EACH ACCIDENT S 1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N f A EL. DISEASE EA EMPLOYEE 000 $ 1000,000 I( yes, describe under DESCRIPTION OF OPERATIONS UCIow EL. DISEASE - POLICY LIMIT $ 1,000,000 E professional Liability AEA113822501 08/01/11 08/01/12 Per Claim: 10,000,000 Aggregate; 15,000,000 Ded. Each Claim: 150,000 DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If morn OPaco Is ngnIrod) ** Workers Compensation policy excludes monopolistic states ND, OH, WA, WY. General & Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached forms 421-0778 0909 & CA2048 0299. 1A2: As -Needed Engineering Services (ILA ff082-02.7C) CERTIFICATE HOLDER 082-0270 City of National City Ginny Orcutt c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 USA ACORD 25 (2010/05) dgarcia 22567764 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL DE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 3: V/ POLICY NUMBER: ZHF920172200 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Other Insurance — Primary and Non -Contributory (Additional Insured) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART The following is added to Section IV — Commercial General Liability Conditions 4. Other Insurance a. Additional insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under Section II — Who is An Insured, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: 1.Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured es a Named Insured. We will not seek contribution from any other insurance available to the Additional Insured except: i. For the sole negligence of the Additional Insured; ii. when the Additional Insured Is en Additional Insured under another primary liability policy; or ill. when 2. below applies. If this Insurance is primary, our obligations aro not affected unless any of the other Insurance is also primary. Then, we will share with all that other insurance by the method described in 3. below. 2. Excess Insurance ..this insurance is excess over: (1) Any of the; other insurance, whether prlrnaly, excess, contingent or on any other basis: 421.0452 00 07 (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (le) That is Fire insurance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; That Is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (d) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Property Damage Liability. When this insurance is excess, we will have no duty under Coverages A or B to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the inel:reCi'S rights against tail (hose: other IE'SIJr{)18. When this insurance is excess over other insurance, we will pay only our sharp of the amount of the loss, if any, that exceeds the sum of: (c) Includes copyrighted material of Insurance Services Offices, Inc., with its permission Page 1 of 2 5:12 POLICY NUMBER: ZI-IF920172200 COMMERCIAL GENERAL. LIABILITY CG24040509 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: AS REQUIRED BY CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 J:12 Policy Number: ASJZ91455034011 Insurer: Wausau Underwriters Insurance Company Policy Period: August 1, 2011 to August 1, 2012 Excerpts from; Form CA0001 0306 BUSINESS AUTO COVERAGE FORM 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 TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC oo 03 13 (00)-01 POLICY NUMBER: (PJUB-8166N36-A-11) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone Ilable 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 DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON OR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 07-29-11 ST ASSIGN: ATTEST: RESOLUTION NO. 2012 — 21 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH HARRIS & ASSOCIATES INCREASING THE NOT TO EXCEED AMOUNT AN ADDITIONAL $200,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR FY 2011-2012, FOR A TOTAL AGREEMENT AMOUNT OF $400,000 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, on July 5, 2011, the City Council adopted Resolution No. 2011-139, approving the First Amendment to the Agreement increasing the not to exceed amount an additional $100,000, for a total Agreement amount of $200,000; and WHEREAS, this year's Capital Improvement Program currently has 40 projects, totaling over $40 Million. In order to keep these projects on schedule to meet various funding expenditure requirements and commitments to the citizens of National City, an additional $200,000 is necessary to support staff with project delivery through the contract period, which terminates on October 6, 2012, for a total Agreement amount of $400,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Harris & Associates increasing the not to exceed amount an additional $200,000 to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for Fiscal Year 2011-2012, for a total Agreement amount of $400,000. Said Second Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 24th day of Januar 012. on Morrison, Michel R. Della, City Clerk IOVED ,'. TO FORM: L,......, Cl'dia Gacit `,ilva City Attorney Passed and adopted by the Council of the City of National City, California, on January 24, 2012 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 it7i ai City Clerk of the City of ational City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-21 the City of National City, California, passed and adopted by the Council of said City on January 24, 2012. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT " .ETING DATE: January 24, 2012 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of National City authorizing the Mayor to execute a 2nd Amendment to the Agreement with Harris & Associates to increase the not -to -exceed amount of the Agreement by $200,000 for on - call general engineering services, construction inspections and project management services. (Funded by various CIP projects — No General Fund will be used.) PREPARED BY: Stephen Manganiello PHONE: 336-4582 EXPLANATION: See attached DEPARTMENT: Engineering APPROVED BY: FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: Finance APPROVED: J MIS There is no financial impact at this time. Funds will be encumbered on an as needed basis from allocations of CIP projects. No General Funds will be used. ENVIRONMENTAL REVIEW: N/A ORDINANCE: INTRODUCTION: FINAL ADOPTION: STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A 4TTACHMENTS: 1. Explanation 2. Amendment #2 — Harris & Associates, Inc. 3. Resolution c �. Explanation: On October 5, 2010, per City Council Resolution No. 2010-226, the City of National City entered into an agreement with Harris & Associates, Inc. to provide on -call general engineering services, construction inspections and project management services for various Capital Improvement Projects. The contract amount was $100,000. On July 5, 2011, per City Council Resolution 2011-139, Council authorized the First Amendment to the Agreement to add an additional $100,000. This year's Capital Improvement (CIP) Program currently has 40 projects, totaling over $40 million. In order to keep these projects on schedule to meet various funding expenditure requirements and commitments to the citizens of National City, staff is requesting a Second Amendment to the Agreement to add an additional $200,000. This will allow Harris & Associates, Inc. to continue to support staff with project delivery through the contract period, which terminates on October 6, 2012. Staff recommends execution of a Second Amendment to the Agreement. RESOLUTION NO. 2012 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH HARRIS & ASSOCIATES INCREASING THE NOT TO EXCEED AMOUNT AN ADDITIONAL $200,000 TO PROVIDE ON -CALL GENERAL ENGINEERING, CONSTRUCTION INSPECTIONS, AND PROJECT MANAGEMENT SERVICES FOR VARIOUS CAPITAL IMPROVEMENT PROJECTS FOR FY 2011-2012, FOR A TOTAL AGREEMENT AMOUNT OF $400,000 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, on July 5, 2011, the City Council adopted Resolution No. 2011-139, approving the First Amendment to the Agreement increasing the not to exceed amount an additional $100,000, for a total Agreement amount of $200,000; and WHEREAS, this year's Capital Improvement Program currently has 40 projects, totaling over $40 Million. In order to keep these projects on schedule to meet various funding expenditure requirements and commitments to the citizens of National City, an additional $200,000 is necessary to support staff with project delivery through the contract period, which terminates on October 6, 2012, for a total Agreement amount of $400,000. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of National City hereby authorizes the Mayor to execute the Second Amendment to the Agreement with Harris & Associates increasing the not to exceed amount an additional $200,000 to provide on -call general engineering, construction inspections, and project management services for various capital improvement projects for Fiscal Year 2011-2012, for a total Agreement amount of $400,000. Said Second Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 24th day of January, 2012. Ron Morrison, Mayor ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney SECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND HARRIS & ASSOCIATES, INC This second Amendment to the Agreement, is entered into this 24'h day of January, 2012 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") through the adoption of City of National City Council Resolution No. 2010-226 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 Agreement had a not -to -exceed amount of $100,000. WHEREAS, the Agreement expires on October 6, 2012, with an optional extension of one year when mutually agreed upon by the parties. WHEREAS, the parties amended the Agreement to increase the not - to -exceed limit by $100,000, for a total Agreement amount of $200,000 through the adoption of National City Council Resolution No. 2011-139, adopted on July 5, 2011. NOW, THEREFORE, the parties hereto agree that the Agreement entered into on October 6, 2010, shall be amended to increase the Agreement by an additional $200,000 to cover costs to provide for all services in the original Agreement. This will bring the total not -to -exceed amount for this contract to $400,000. 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. i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY HARRIS By: By: Ron Morrison, Mayor (game) . R-v (Print) pp APPROVED AS TO FORM: (Title) ATES, INC. By:�� Claudia G. Silva (Name) City Attorney (Print) V t C Pt2 sr D,P? r (Title) 2 T . ncc)R,0 CERTIFICATE OF LIABILITY INSURANCE DATE(k1ALDD,YYYY) 08/01 /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 0757776 1-800-877-4560 CONTACT Dina Afkhami HUB International Insurance Services Inc. NAME (.4JC, o,Es1 925 609-6500 INC, Ns); 925 609 6550 P,O. Box 4097 E-MAIL ADDRESS dins.afkhami@hubinternational.com _...__.._-..._.-.._. Concord, CA 94524 INSUREROS)AFFORDING COVERAGE NAICa INsuaER A: Massachusetts Bay Insurance Co INSURED INSURERS: Wausau Underwriters Insurance Company Harris & Associates Inc. Attn: Susan Mandilag INSURERC Colony National Insurance Company ___. . _..._ _____.... .. ____ —___ _____ ___ ._-. 1401 Willow Pass Road, Suite 500 INSURERD Travelers Property Casualty Co of Amer. Concord, CA 94520 INSURFREi Continental Casualty Company INSURER F: COVERAGES CERTIFICATE NUMBER: 22567764 REVISION NUMBER: THIS 1S TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED 10 1 HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WlilCH 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. INSti _._ __. -._.. ADDLSUBR __..... POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSR WVo POLICY NUMBER (MM/ODI1'YYY) (MM/DOfYYYY) LIMITS A GENERAL LIABILITY ZHF920172200 08/01/1] 08/01/12 EACH OCCURRENCE s 1,000,000 X COMMERCIAL GENERALLIASILITY bREMIS--- RENTE6 PREMI$ES(Eaoccdrrence) 3.500,000 ] CLAIMS -MADE -lied: X J 0000R MEDEXP(Any onoposon) 5 10,000 X 10,000 per OCc PERSONAL& ADV INJURY $1,000,000 GENERAL AGGREGATE S 2,000,000 GENII_ AGGREGATE LIMIT APPLIES PER: PRODUCTS COMP/OP AGG $ 2,000.000 POLICY I X 1 JF!° ( j LOC $ B ' AUTOMOBILE LIABILITY ASJZ91455034011 08/01/11 08/01/12 COMBINED SINGLE LIMIT 1,000,000 X ANY AUTO BODILY INJURY (Par pee;on) $ _ AALL UTOS OWNED I SCHEDULED AUTOS BODILY INJURY (Per accident) .. 5 ....... IX PROPERTY DAMAGE X X HIRED AUTOS ._ Ded: 0 I I AU i05 AUTOS I (Per aFa0en0 $ 5 --. .... _ C UMBRELLA LIAB X OCCUR AR6460401 08/01/11 08/01/12 EACH OCCURRENCE S 10 000,000 X EXCESS LIAB CLAWS -MADE 1 AGGREGATE $ 10 000,000 DEO I X I RETENTIONS 0 $ WORKERS COMPENSATION PJU138166N36A11 ** 08/01/12 X) WC $TATD I IOTH AND EMPLOYERS/LIABILITY 08/01/11 170RY LtMILSJ_._ 1 ER ........ --- -- ANY PROPHBTOWPARrNLRILXDCOTIVEI l E L EACH ACCIDENT $1 000,000 OFF iaMMEMAER F.XCLUDEDI N/A (Mandatary in NH) E L. DISEASE EA EMP OYEZ S 1,000,000 _ II yes, describeurder DESCRIPTION OF OPERATIONS blow E L. DISEASE - PO'}CY LIMIr $ 1,000,000 E Professional Liability ABA113822501 08/01/11 08/01/12 Per Claim: 10,000,000 Aggregate: 15,000,000 lied. Each Claim: 150,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remorks Schedule, If morn spats Is roryalred) Workers Compensation policy excludes monopolistic states ND, OH, WA, WY. General & Auto Liability Additional Insured status granted, if required by written contract/agreement, per attached forms 421-0778 0909 & CA2048 0299. RA:: As--Neaded 14ngi.maer.i. ng Seivic:_s (11A 9082-0270) CERTIFICATE HOLDER CANCELLATION 082-0270 City of National City Ginny Orcutt c/o City Attorney's Office 1243 National City Blvd. National City, CA 9195D-4301. USA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BFPORF THE EXPIRATION DATE THEREOF, NOTICE WILL BE UELIVERe,] ACCORDANCE WITH THE POLICY PROVISIONS. AU ROWED REPRESENTATIVE ACORD 25 (2010/05) dgarcia 225677(4 O 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 3 POLICY NUMBER: ZHF920172200 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. Other Insurance — Primary and Non -Contributory (Additional Insured) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY' COVERAGE PART The following is added to Section IV — Commercial General Liability Conditions 4. Other Insurance a. Additional Insureds If you agree in a written contract, written agreement or permit that the insurance provided to any person or organization included as an Additional Insured under Section 11 — Who is An Insured, is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss we cover under Coverages A or B of this Coverage Part, our obligations are limited as follows: 1.Primary Insurance This insurance is primary to other insurance that is available to the Additional Insured which covers the Additional Insured as a Named insured. We will not seek contribution from any other insurance available to the Additional Insured except: 1. For the sole negligence of the Additional Insured; ii. when the Additional Insured is an Additional Insured under another primary liability policy; or iii_ when 2. below applies. If this insurance is primary, our obligations are not affected unless any of the other Insurance is also primary. Then, we will share with all that other insurance by the method described in 3. below. 2. Excess Insuranco This insurance is exc;a o over: (1) Any of the other insurance, wltetiher primary, excess, contingent or on any other basis: 421.0452 00 07 (a) That is Fire, Extended Coverage, Builder's Risk, Installation Risk or similar coverage for "your work"; (b) Thal is Fire insurance for prernises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner; (c) That is insurance purchased by the Additional insured to cover the Additional Insured's liability as a tenant for ''property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or (d) If the loss arises out cf the maintenance or use of aircraft, "autos" or watercraft to (he extent not subject to Exclusion g. of Section I — Coverage A — Bodily Injury And Properly Damage Liability. When this insurance is excess, we will have no duty under Coverages A or 13 to defend the insured against any 'suit" if any other insurer has a duly to defend the insured against that suit". 11 no other insurer defends, we will undertake 1a do so, but we Will be entitled to he: insureds i1I to r r,sdnst ll these icsurcrs. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, That ex.r sum of: Includes copyrighted material of Insurance Services Offices, Inc., with its permission Pane' 4 POLICY NUMBER: ZHF920172200 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: AS REQUIRED BY CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV —Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products -completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG24040509 © Insurance Services Office, Inc., 2008 Page 1 of 1 Policy Number: ASJZ91455034011 Insurer: Wausau Underwriters Insurance Company Policy Period: August 1, 2011 to August 1, 2012 Excerpts from: Form CA0001 0306 BUSINESS AUTO COVERAGE FORM 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. h. 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 6 1000110111.0 TRAVELERS J WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 00 03 13 (oa)-ot POLICY NUMBER: (PJUB-8166N36-A-11) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an Injury covered by thls 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 frorn us.) Thls agreement shall not operate dlrectly or Indirectly to benefit any one not named In the Schedule. SCHEDULE DESIGNATED PERSON: DESIGNATED ORGANIZATION: ANY PERSON DR ORGANIZATION FOR WHOM THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. DATE OF ISSUE: 07-29-11 ST ASSIGN: 7 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 January 26, 2012 Mr. Ehab Gerges Harris & Associates 1401 Willow Pass Road, Suite 500 Concord, CA 94520 Dear Mr. Gerges, On January 24th, 2012, Resolution No. 2012-21 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #2 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. Sincerely, Ai 4A Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.