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HomeMy WebLinkAbout2012 CON Kimley-Horn & Associates - Amendment #2 Engineering Services Capital Improvement ProjectsSECOND AMENDMENT TO AGREEMENT BY AND BETWEEN THE CITY OF NATIONAL CITY AND KIMLEY-HORN & 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 Kimley-Horn & 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. 2010-227 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. 2011-142, 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 TIONAL CITY KIMLEY-HO N TES, INC. By: By: n Morrison, Mayor (Name) APPROVED AS TO FORM: L H4 -L s. Koss (Print) Jl� ,_ rr- sr r r- (Title) 0 By: //e-/ Claudia G.;Siltv$1 (Name) City Attorn onnn., L... dw., / (Print) (Title) 1i( C la tot ACORN® CERTIFICATE OF LIABILITY INSURANCE ‘e....-i DATE(MM/DD/YYYY) 11/10/2011 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 Greyling Insurance Brokerage 450 Northridge Parkway Suite 102 Atlanta GA 30350 CONTACT Jerry Noyola ran,. Pxn• (77 0 ) 552-4225 FAXovc,Nat: (866i 550-4092 AODREss:jerry.noyola4greyling.com INSURER(S)AFPORDING COVERAGE NAICa INsuRERA:Travelers Prop. Cas. Co America 25674 INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INSURERB.Travelere Indemnity Company 25682 INSURER c:Lexington Insurance Company 19437 INSURER D: INSURER E : INSURER F: COVERAGES CERTIFICATE NUMBER:11-12 (Ri.mley Janice) 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. INTRR TYPE OF INSURANCE INSR WVD POLICY NUMBER POLICY EFF IMOLICYYYFF POLICY EXP ( PO/LICYEXP LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY P-630-8193B99A-TIL-11 12/1/2011 12/1/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES {Ea occurrence) $ 1,000,000 MED EXP(Any one person) S 10,000 CLAIMS -MADE X OCCUR PERSONAL A ADV INJ RY 5 1,600,000 GENERAL AGGREGATE 5 2,600,000 GEN'L AGGREGATE l POLICY I X LIMIT APPLIES 1FPCTRO X PER: LOC PRODUCTS • COMP/OF AGO $ 1,000,000 $ B AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED X SCHEDULED AUTOS NON -OWNED AUTOS P-810-57248497-TCT-11 12/1/2011 12/1/2012 COMBINED SINGLE LIMIT 1Eaaccident) $ 1, 000, 000 BODILY INJURY (Per person) 5 BODILY INJURY (Per accident) $ PROPERTY DAMAGE IPer accident) Underinsured motorist 81 spill A X UMBRELLA LIAR EXCESS LIAB X OCCUR CI.AIMS.MADE iPBM- CUP -8193E199A-TIL-11 12/1/2011 12/1/2012 EACHOCCURRENCE $ 5,000,000 AGGREGATE $ 5,000,000 $ DED X RETENTION 10,000 A WORKERS COMPENSATION ANDEMPLOVERS'LIABILITY ANY PROPRIETOR/PARTNER,EXECUTIVE OFFICER!MEMSER EXCLUDED/ (Mandatory in NM) II yes. describe under DESCRIPTION OF OPERATIONS below Y/N N NIA PJ-UB-8193BS9-A-11 12/1/2011 12/1/2012 X WCSTATU• OTII- TORY I NITS ER E.L. EACH ACCIDENT S 500,000 EL DISEASE - EA EMPLOYEES 500,000 E.L. DISEASE - POLICY LIMIT S 500, 000 C Professional Liability 016017332 12/1/2011 12/1/2012 Perciaim $2,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, 5 more space I required) Re All City of National City Projects The City of National City, its elected officials, officers, agents & employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability. Waiver of Subrogation is applicable where required by written contract & allowed by law. IFICATE HOLDER CANCELLATION City Of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 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 Matias Crmaza/JERRY �r-- ACORD 25 (2010/05) I N S025 (201035).01 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: P-630-8193B99A-TIL-11 005835 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SU RVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring Insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage" or "personal injury'; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor In the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the Independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring Insurance", the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance". This endorsement shatl not increase the limits of insurance described In Section Ili — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This Insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- CG D414 04 08 plies only to such "bodily injury" or "property damage" that occurs beforo the end of the pe- riod of time for which the 'written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addi- tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance', But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional Insured when that person or organization is an additional insured under any "other insurance", 3, The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: © 2008 The Travelers Companies, Inc. Page 1 of 2 Policy Number: P-810-57248497-TCT-11 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE — This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. EMPLOYEE HIRED AUTO D. EMPLOYEES AS INSURED E. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS F. HIRED AUTO — LIMITED WORLDWIDE COVERAGE — INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE — GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A,1., Who Is An Insured, of SECTION II — LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured, of SECTION II — LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and CA T3 53 06 09 H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section II. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II — LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that "employee's" name, with your permission, while performing duties related to the conduct of your busi- ness. 02009 The Travelers Companies, Inc. Page 1 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with Its permission. and not in addition to such limit, Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other Insurance available to the "insured" whether primary, excess contingent or on any other basis. This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) it is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE — INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III — PHYSICAL DAMAGE COVERAGE: However, the most we will pay For any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident", (3) CA T3 53 06 09 COMMERCIAL AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a„ Transportation Expenses, of SEC• TION III — PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured" and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto", No deductibles apply to this Personal Effects coverage. K. AIRBAGS The following is added to Paragraph B.3., Exclu- sions, of SECTION 111 — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV — BUSINESS AUTO CONDITIONS: Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" is known to: (a) You (if you are an individual); © 2009 The Travelers Companies, irc. Page 3 of 4 Includes the copyrighted material of Insurance Services Office, Inc. with its permission. TRAVELERS? WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) - 001 POLICY NUMBER; PJ-UB-8193B99-A-11 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 0 . % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED BY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. r1ATP (1F ICCI IE: ST ASSIGN: RESOLUTION NO. 2012 — 22 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SECOND AMENDMENT TO THE AGREEMENT WITH KIMLEY-HORN & ASSOCIATES, INC., 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- 227, approving a two-year Agreement with Kimley-Horn & Associates, 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, on July 5, 2011, the City Council adopted Resolution No. 2011-142, 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 Kimley-Horn & Associates, Inc., 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 First Amendment to the Agreement in on file in the office of the City Clerk. PASSED and ADOPTED this 24th day of Januar 2012. ATTEST: Michael R. Dalla, City Clerk A'PROVE udia Gaci City Attor TO FORM: ua Sil Ron Morrison, Mayor 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 City al City, California CI rk of the City of ation By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2012-22 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 MEETING DATE: January 24, 2012 AGENDA ITEM NO. 7 rEM TITLE: Resolution of the City Council of National City authorizing the Mayor to execute a 2nd Amendment to the Agreement with Kimley-Horn & Associates, Inc. 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: APPROVED: Finance 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 ATTACHMENTS: 1. Explanation 2. Amendment #2 — Kimley-Horn & Associates, Inc. 3. Resolution Explanation: On October 5, 2010, per City Council Resolution No. 2010-227, the City of National City entered into an agreement with Kimley-Horn & 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 2011-142, 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 Kimley-Horn & 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 KIMLEY-HORN & ASSOCIATES, INC., 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- 227, approving a two-year Agreement with Kimley-Horn & Associates, 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, on July 5, 2011, the City Council adopted Resolution No. 2011-142, 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 Kimley-Horn & Associates, Inc., 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 First 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 KIMLEY-HORN & 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 Kimley-Horn & 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. 2010-227 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. 2011-142, 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 $400,000. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated October 5, 2010, shall remain in full force and effect. i IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY KIMLEY-HON j • IATES, INC. By: By: Ron Morrison, Mayor (Name) APPROVED AS TO FORM: Claudia G. Silva City Attorney P1i Li-1 14 V—C__ G. ?oss (Print) ✓// � 5f I7wr— (Title) By: 0— (Name) (Print) L. 5, 11<<c (Title) 2 ACORL7 CERTIFICATE OF LIABILITY ka.------ INSURANCE DATE(MIA/ODNYYY) 11/10/2011 I THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Greyling Insurance Brokerage 450 Northridge Parkway Suite 102 Atlanta GA 30350 CONTACT NAME; Jerry Noyola PRONE (770)552-4225 ax 1AIC.No Ex0' 1(A(C,Nol (866)550-4082 AIL ADPRI-$Sjerry.noyolaClgreyling.cola INSURER(S) AFFORDING COVERAGE RAID INsuRERA:Travelers Prop. Cas. Co America 25674 INSURED Kimley-Horn and Associates, Inc. P.O. Box 33068 Raleigh NC 27636 INSURER a:Traveicrs Indemni ty Company 25682 wsu8ERc:Lexington Insurance Company 19437 INSURER D: INSURER E : INSURER F• COVERAGES CERTIFICATE NUMBER:11-12 (Kimley Janice) 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 CONDIT'.ON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT ID WHICH THIS CERTIFICATE MAY HE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDJCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL. LUSTS SU©R WVD POLICY NUMBER POLICY EFF IM/Y M/00YYYI POLICY EXP (MMiDD/YYYY) un1IT5 A GENERAL X- LIABILITY COMMERCIAL GENERA'- LIABILITY 1 CLAIMS MADE IX.,1 OCCUR P-630-8193B99A-TIL-11 12/i/2011 12/1/2012 EACH OCCURRENCE S 1,000,000 DAMAGE SO RENTED PREMISES (ER oNca•rence) > 1,000,000 NIEU EXP ;Any one person; $ 10,000 PERSONAL& ADVINJL)RY S 1,000,000 GENERAL AGGREGATE i 2,000,000 GENT AGGREGATE —1 POLICY X LIMIT APPLIES PER: PRO IFCT X1 LOC PRODUCT'S - COMP/OF AGO S 1,000,000 9 AUTOMOBILE X X LIABILITY ANY AUTO ALL OWNED — X SCHEDULED AUTOS NON -OWNED AUTOS P-810-57248497-TCT-11 12/1/2011 12/1/2012 COMBINED SINGLE LIMIT (Ea accident) j 1, 000, 000 BODILY INJURY (Per Pinson) S UOJILY WJURY Pe,ee$dee) S PROPERTY DAMAGE (Per aaiceno S Undeenst.red motorist 8t solif ' X UMBRELLA LIAR EXCESS LIAR X OCCUR CLAIMS -MADE PSN-CUP-8193B99A-TIL-11 12/1/2011 12/1/2.512 EACH OCCURRENCE 5,000, UOU AGGREGATE > 5,000,000 DED X 8ETENTONS 10,000 A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N ANY PROPRIETOR/PARTNFRIEXECUTIVE C)FlCER/MEMBEH EXCLUDED? N (Mandatory in Nil) II yes. Cs -scribe under DESCRIPTION or OPERATIONS bTE>v N/A PJ-UB-8193899-A-11 12/1/2011 12/1/2012 X WC STATU- IOTA TOELLIMLl.S =1i� E.L. EACH ACCIDENT j 500,000 EL DISEASE - En EMPLOYEE 500, 000 E.L. CSEASE . POLICY LIMIT 5 500,000 C Professional Liability 016017332 12/1/2011 12/1/2012 Pe,Clain, $2,000,000 Agg.egale $2, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101. Additional Remarks Schedule, if more space is required) Re All City of National City Projects The City of National City, its elected officials, officers, agents & employees are named as Additional Insureds on the above referenced liability policies with the exception of workers compensation & professional liability. Waiver of Subrogation is applicable where required by written contract & allowed by law. CERTIFICATE HOLDER CANCELLATION City of National City c/o City Attorney's Office 1243 National City Blvd. National City, CA 91950-4301 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 Matias Ormaza/JERRY ACORD 25 (2010/05) 1NS025 (20100s) 01 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of AGGRO 3 Policy Number: P-630-8193B99A-T1L-.11 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following is added to SECTION Il — WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Pad, but: a. Only with respect to liability far "bodily injury", "property damage" or "personal injur; and b. If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows: c. 1n the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring Insurance" the in- surance provided to the additional insured shall be limited to the limits of liability required by that "written contract requiring insurance. This endorsement shall not increase the limits of insurance described in Section III — Limits Of Insurance. d. This Insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. e. This Insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the insur- ance provided to the additional insured ap- CG D4 14 04 08 plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2- The following is added to Paragraph 4.a, of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS: The insurance provided to the additional insured is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is available to the addl• tional insured for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis, this insurance is primary to "other insurance" available to the additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But this insur- ance provided to the additional insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization is an additional insured under any "other insurance". 3. The following is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the addi- tional insured: a. The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: © 2000 The Travelers Companies, Inc. Pc.ye Ji 4 Policy Number: P-810-5724B497-TCT-11 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE - This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED B. BLANKET ADDITIONAL INSURED C. D. E. F. G. EMPLOYEE HIRED AUTO EMPLOYEES AS INSURED SUPPLEMENTARY PAYMENTS -INCREASED LIMITS HIRED AUTO - LIMITED WORLDWIDE COVERAGE - INDEMNITY BASIS WAIVER OF DEDUCTIBLE - GLASS PROVISIONS A. BROAD FORM NAMED INSURED The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LIABILITY COV- ERAGE: Any organization you newly acquire or form dur- ing the policy period over which you maintain 50% or more ownership interest and that is not separately insured for Business Auto Coverage. Coverage under this provision is afforded only un- til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- ever is earlier. B. BLANKET ADDITIONAL INSURED The following is added to Paragraph c. in A.1., Who Is An Insured. of SECTION II - LIABILITY COVERAGE: Any person or organization who is required under a written contract or agreement between you and that person or organization, that is signed and CA T3 53 06 09 H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE -- INCREASED LIMIT I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT J. PERSONAL EFFECTS K. AIRBAGS L. NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS M. BLANKET WAIVER OF SUBROGATION N. UNINTENTIONAL ERRORS OR OMISSIONS executed by you before the "bodily injury" or "property damage" occurs and that is in effect during the policy period, to be named as an addi- tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance applies and only to the extent that person or or- ganization qualifies as an "insured" under the Who Is An Insured provision contained in Section Ii. C. EMPLOYEE HIRED AUTO 1. The following is added to Paragraph A.1., Who Is An Insured, of SECTION II - LI- ABILITY COVERAGE: An "employee" of yours is an "insured" while operating an "auto" hired or rented under a contract or agreement in that 'employee's" name, with your permission, while nerfnrr•,i•— duties related to the conduct u , ness. O 2009 the Travelers Companies, Inc. I'aye c, 1 Includes the copyrighted material of Insurance Services Office, Inc. with Its permission 5 and not in addition to such limit. Our duty to make such payments ends when we have used up the applicable limit of insurance in payments for damages, settlements or defense expenses. (2) This insurance is excess over any valid and collectible other insurance available to the "insured" whether primary, excess contingent or on any other basis. This insurance is not a substitute for re- quired or compulsory insurance in any country outside the United States, its ter- ritories and possessions, Puerto Rico and Canada. You agree to maintain all required or compulsory insurance in any such coun- try up to the minimum limits required by local law. Your failure to comply with compulsory insurance requirements will not invalidate the coverage afforded by this policy, but we will only be liable to the same extent we would have been liable had you complied with the compulsory in- surance requirements. (4) It is understood that we are not an admit- ted or authorized insurer outside the United States of America, its territories and possessions, Puerto Rico and Can- ada. We assume no responsibility for the furnishing of certificates of insurance, or for compliance in any way with the laws of other countries relating to insurance. G. WAIVER OF DEDUCTIBLE - GLASS The following is added to Paragraph D., Deducti- ble, of SECTION III - PHYSICAL DAMAGE COVERAGE: (3) No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. H. HIRED AUTO PHYSICAL DAMAGE - LOSS OF USE - INCREASED LIMIT The following replaces the last sentence of Para- graph A.4.b., Loss Of Use Expenses, of SEC- TION III - PHYSICAL DAMAGE COVERAGE: However, the most we will pay for any expenses for loss of use is $65 per day, to a maximum of $750 for any one "accident". CA T3 53 06 09 J. K. L. COMMERCIAL AUTO I. PHYSICAL DAMAGE - TRANSPORTATION EXPENSES - INCREASED LIMIT The following replaces the first sentence in Para- graph A.4.a., Transportation Expenses, of SEC- TION 111 - PHYSICAL DAMAGE COVERAGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Personal Effects We will pay up to $409 for 'loss" to wearing ap- parel and other personal effects which are: (1) Owned by an "insured"; and (2) In or on your covered "auto". This coverage applies only in the event of a total theft of your covered "auto". No deductibles apply to this Personal Effects coverage. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION III - PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you owl; that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.1.b. and A.1.c., but only: a. If that "auto" is a covered "auto" for Compre- hensive Coverage under this policy; b. The airbags are not covered under any war- ranty; and c. The airbags were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss". NOTICE AND KNOWLEDGE OF ACCIDENT OR LOSS The following is added to Paragraph A.2.a., of SECTION IV - BUSINESS AUTO CONDITIONS Your duty to give us or our authorized representa- tive prompt notice of the "accident" or "loss" ap- plies only when the "accident" or "loss" Is k�•• - to: (a) You (if you are an individual); © 2009 The Travelers Companies, Inc. Fagg 3 u Includes the copyrighted material of Insurance Services Office, Inc. with its permission. 6 TRAVELERS? WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76 (00) - 001 POLICY NUMBER: PJ-U1-3-81.93B99-A-11 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 tho person er 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 0 . % of the California workers' compensation pre- mium otherwise due on such remuneration. Schedule Person or Organization Job Description ANY PERSON OR ORGANIZATION FOR WHICH THE NAMED INSURED HAS AGREED EY WRITTEN CONTRACT EXECUTED PRIOR TO LOSS TO FURNISH THIS WAIVER. nArr op ice' IC I ASSIGN: 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. Scott Colvin Kimley-Horn & Associates, Inc. 401 B Street, Suite 600 San Diego, CA 92101 Dear Mr. Colvin, On January 24th, 2012, Resolution No. 2012-22 was passed and adopted by the City Council of the City of National City, authorizing execution of Amendment #2 to an Agreement with Kimley-Horn & Associates, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, zezze A id Michael R. Dalla, CMC City Clerk Enclosures cc: Engineering Dept.