Loading...
HomeMy WebLinkAbout2013 CON Dokken Engineering - Plaza Blvd Widening - Amendment #7AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND DOKKEN ENGINEERING, INC. This Amendment to Agreement is entered into this 191 day of February 2013, by and between the City of National City, a municipal corporation ("the CITY"), and Dokken Engineering, Inc. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on the Street Widening Improvements on Plaza Boulevard from Highland to Euclid Avenues ("the Agreement") wherein the CONSULTANT agreed to provide civil engineering services and Right -of -Way Acquisition services. B. An Amendment in the not -to -exceed amount of $20,000 was approved on April 21, 2009, to provide for as -needed staking work for individual properties. C. An Amendment in the not -to -exceed amount of $55,000 was approved on July 21, 2009, to provide additional work to perform right of way acquisition services for seven more appraisals of properties impacted by the widening project. D. An Amendment in the not -to -exceed amount of $42,800 was approved on January 5, 2010, to redesign the area located in the state right of way to eliminate the need for tie -back retaining walls. The changes were due to Caltrans request. E. An Amendment in the not -to -exceed amount of $42,200 was approved on May 5, 2010, to provide additional work due to the extended time for negotiations required to obtain right of way. F. An Amendment in the not -to -exceed amount of $21,092 was approved on November 8, 2010, to secure Right of Way for the Plaza Boulevard Widening Project. The additional work has been generated by the extended time for negotiations required to obtain the Right of Way. G. An Amendment in the not -to -exceed amount of $42,655 was approved on May 17, 2011, to for work associated with the Plaza Boulevard Rule 20A Conversion project. H. This amendment is requested for additional work that will consist of engineering and design services including, but not limited to, review of plans and specifications to ensure compliance with current design standards, utility coordination, cost estimates, special provisions, surveying, construction support, and any unforeseen changes that may arise. The parties desire to amend the Agreement to perform the additional work on an as needed basis in the NOT TO EXCEED amount of $135,000. NOW, THEREFORE, the parties here to agree that the Agreement entered into on November 21, 2006, and its amendments, shall be amended by increasing the not to exceed amount of $135,000 bringing the total contract amount to $1,459,747. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated November 21, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY o`nMorrison, ayor APPROVED AS TO FORM: DOKKEN ENGINEERING, INC. By. Rick Liptak, President RESOLUTION NO. 2013 — 23 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SEVENTH AMENDMENT TO THE AGREEMENT WITH DOKKEN ENGINEERING, INC. INCREASING THE NOT -TO -EXCEED AMOUNT BY $135,000 TO PROVIDE ENGINEERING AND CONSTRUCTION SUPPORT SERVICES FOR THE PLAZA BLVD WIDENING PROJECT WHEREAS, The City of National City and Dokken Engineering, Inc. entered into an agreement for the street widening project for Plaza Boulevard between Highland Avenue and Euclid Avenue, in 2006 in the amount of $1,101,000; and WHEREAS, since 2006, six amendments to the original agreement have been approved each increasing the total not -to -exceed amount, as follows: April 21, 2009 - $20,000; July 21, 2009 - $55,000; January 5, 2010 - $42,800; May 5, 2010 - $42,200; November 8, 2010 - $21,092; and, May 17, 2011 - $42,655; and WHEREAS, this seventh amendment is requested for additional work that will consist of engineering and construction support services including but not limited to review of plans and specifications to ensure compliance with current design standards, utility coordination, cost estimates, special provisions, surveying, construction support on an as needed basis and unforeseen changes that may arise; and, WHEREAS, this seventh amendment will increase the total not -to -exceed amount by $135,000, bringing the total contract amount to $1,459,747. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to Agreement between the City of National City and the Dokken Engineering, Inc. to increase the not -to -exceed amount in the amount of $135,000, bringing the total contract amount to $1,459,747. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of Febr g '013. ATTEST: Mi a, ity Clerk c ael R. Dall PROVED AS TO FORM: ilva City Attorne on Morrison, ayor Passed and adopted by the Council of the City of National City, California, on February 19, 2013 by the following vote, to -wit: Ayes: Councilmembers Cano, Morrison, Natividad, Rios, Sotelo-Solis. Nays: None. Absent: None. Abstain: None. AUTHENTICATED BY: RON MORRISON Mayor of the City of National City, California Jer�he City f City National City, California By: Deputy I HEREBY CERTIFY that the above and foregoing is a full, true and correct copy of RESOLUTION NO. 2013-23 of the City of National City, California, passed and adopted by the Council of said City on February 19, 2013. City Clerk of the City of National City, California By: Deputy CITY OF NATIONAL CITY, CALIFORNIA COUNCIL AGENDA STATEMENT "7ETING DATE: February 19, 2013 AGENDA ITEM NO. 6 ITEM TITLE: Resolution of the City Council of the City of National City approving the Seventh Amendment to the agreement between the City of National City and Dokken Engineering, in the amount of $135,000 to provide engineering and construction support services for the Plaza Blvd Widening Project — (Funded by Prop A.) PREPARED BY: Barby Tipton PHONE: 336-4583 EXPLANATION: See attached) DEPARTMENT: Engineering APPROVED BY: -./g 2 FINANCIAL STATEMENT: ACCOUNT NO. APPROVED: APPROVED: Funds are availabl 307-409-500-598-6569 (Plaza Blvd Widening) ENVIROtAENTAL REVIEW: N/A ' ORDINANCE: INTRODUCTION: FINAL ADOPTION: Finance MIS STAFF RECOMMENDATION: Adopt resolution BOARD / COMMISSION RECOMMENDATION: N/A TTACHMENTS: 1. Explanation 2. Seventh Amendment — Dokken Engineering 3. Resolution RESOLUTION NO. 2013 — RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NATIONAL CITY AUTHORIZING THE MAYOR TO EXECUTE A SEVENTH AMENDMENT TO THE AGREEMENT WITH DOKKEN ENGINEERING, INC. INCREASING THE NOT -TO -EXCEED AMOUNT BY $135,000 TO PROVIDE ENGINEERING AND CONSTRUCTION SUPPORT SERVICES FOR THE PLAZA BLVD WIDENING PROJECT WHEREAS, The City of National City and Dokken Engineering, Inc. entered into an agreement for the street widening project for Plaza Boulevard between Highland Avenue and Euclid Avenue, in 2006 in the amount of $1,101,000; and WHEREAS, since 2006, six amendments to the original agreement have been approved each increasing the total not -to -exceed amount, as follows: April 21, 2009 - $20,000; July 21, 2009 - $55,000; January 5, 2010 - $42,800; May 5, 2010 - $42,200; November 8, 2010 - $21,092; and, May 17, 2011 - $42,655; and WHEREAS, this seventh amendment is requested for additional work that will consist of engineering and construction support services including but not limited to review of plans and specifications to ensure compliance with current design standards, utility coordination, cost estimates, special provisions, surveying, construction support on an as needed basis and unforeseen changes that may arise; and, WHEREAS, this seventh amendment will increase the total not -to -exceed amount by $135,000, bringing the total contract amount to $1,459,747. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of National City that the Mayor is hereby authorized to execute an Amendment to Agreement between the City of National City and the Dokken Engineering, Inc. to increase the not -to -exceed amount in the amount of $135,000, bringing the total contract amount to $1,459,747. Said Agreement is on file in the office of the City Clerk. PASSED and ADOPTED this 19th day of February, 2013. ATTEST: Michael R. Dalla, City Clerk APPROVED AS TO FORM: Claudia Gacitua Silva City Attorney Ron Morrison, Mayor AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF NATIONAL CITY AND DOKKEN ENGINEERING, INC. This Amendment to Agreement is entered into this 19a' day of February 2013, by and between the City of National City, a municipal corporation ("the CITY"), and Dokken Engineering, Inc. (the "CONSULTANT"). RECITALS A. The CITY and the CONSULTANT entered into an agreement on the Street Widening Improvements on Plaza Boulevard from Highland to Euclid Avenues ("the Agreement") wherein the CONSULTANT agreed to provide civil engineering services and Right -of -Way Acquisition services. B. An Amendment in the not -to -exceed amount of $20,000 was approved on April 21, 2009, to provide for as -needed staking work for individual properties. C. An Amendment in the not-to-excced amount of $55,000 was approved on July 21, 2009, to provide additional work to perform right of way acquisition services for seven more appraisals of properties impacted by the widening project. D. An Amendment in the not -to -exceed amount of $42,800 was approved on January 5, 2010, to redesign the area located in the state right of way to eliminate the need for tie back retaining walls. The changes were due to Caltrans request. E. An Amendment in the not -to -exceed amount of $42,200 was approved on May 5, 2010, to provide additional work due to the extended time for negotiations required to obtain right of way. F. An Amendment in the not -to -exceed amount of $21,092 was approved on November 8, 2010, to secure Right of Way for the Plaza Boulevard Widening Project. The additional work has been generated by the extended time for negotiations required to obtain the Right of Way. G. An Amendment in the not -to -exceed amount of $42,655 was approved on May 17, 2011, to for work associated with the Plaza Boulevard Rule 20A Conversion project. H. This amendment is requested for additional work that will consist of engineering and design services including, but not limited to, review of plans and specifications. to ensure compliance with current design standards, utility coordination, cost estimates, special provisions, surveying, construction support, and any unforeseen changes that may arise. The parties desire to amend the Agreement to perform the additional work on an as needed basis in the NOT TO EXCEED amount of $135,000. 2 Explanation: The City and Dokken Engineering entered into an agreement on the street widening project for Plaza Boulevard from Highland Avenue to Euclid Avenue in 2006, for a total amount of $1,101,000. Council has approved amendments to the agreement as shown below: • An Amendment in the 21, 2009; • An Amendment in the 21, 2009; • An Amendment in the January 5, 2010; • An Amendment in the 2010; • An Amendment in the November 8, 2010; • An Amendment in the 17, 2011. not -to -exceed amount of $20,000 was approved on April not -to -exceed amount of $55,000 was approved on July not -to -exceed amount of $42,800 was approved on not -to -exceed amount of $42,200 was approved on May 5, not -to -exceed amount of $21,092 was approved on not -to -exceed amount of $42,655 was approved on May • This amendment is requested for additional work that will consist of engineering and construction support services including but not limited to review of plans and specifications to ensure compliance with current design standards, utility coordination, cost estimates, special provisions, surveying, construction support on an as needed basis and any unforeseen changes that may arise. This amendment, if approved shall increase the contract by the not to exceed amount of $135,000 and bring the total contract amount to $1,459,747. Staff recommends that Council approve this amendment. i NOW, THEREFORE, the parties here to agree that the Agreement entered into on November 21, 2006, and its amendments, shall be amended by increasing the not to exceed amount of $135,000 bringing the total contract amount to $1,459,747. The parties further agree that with the foregoing exception, each and every term and provision of the Agreement dated November 21, 2006, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first above written. CITY OF NATIONAL CITY DOKKEN ENGINEERING, INC. By: By: Ron Morrison, Mayor Rick Liptak, President APPROVED AS TO FORM: Claudia G. Silva City Attorney 3 Client#: 654 DOKKEENGI ACORD. CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDNY) 05/31/12 PRODUCER Dealey, Renton & Associates P. O. Box 12675 Oakland, CA 94604-2675 510 465.3090 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND 0 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Dokken Engineering Inc. 2365 Iron Point Road, Suite 200 Folsom, CA 95630 INSURER A. American Automobile Ins. Co. INSURERS: National Union Fire Ins Co Pittsburg INSURER c: Hudson Insurance Company INSURER 0: INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE 1MMIDD8Y1 POLICY EXPIRATION DATE IMMIDD/Y`J LIMITS A GENERALUABILRY X COMM ERCIAL GENERAL LIABARY AZC80875810 05/31/12 05/31/13 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) 31,000,000 CLAIMS MADE n OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 $2,000,000 s2,000,000 GENERAL AGGREGATE GENT AGGREGATE LIMrrAPPLIES PER: POLICY X jEOT n LOC PRODUCTS -COMP/OPAGG 7 A AUTOMOBILE X — X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS AZC80875B10 05/31/12 � � 05/31/13 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ B�. (Per dent)INJU. ._. (Per accident) $ .. .. PROPERTY DAMAGE (Per accident) , $ GARAGE LIABILRY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGO $ B EXcessuABILITY EBU011030712 05/31/12 05/31/13 EACH OCCURRENCE $5,000,000 $5,000,000 $ ^ I OCCUR I I CLAIMS MADE AGGREGATE DEDUCTIBLE RETENTION $ $ $ A WORKERS COMPENSATION AND EMPLOYERS'LU1BIU1Y WZP81003558 05/31/12 05/31/13 X TORYTIIMITS O R E.L. EACH ACCIDENT $1,000,000 $1,000,000 $1,000,000 EL. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT C OTHER Professional Liability AEE7114407 05/31/12 05/31/13 $2,000,000 per Claim $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. Re: Plaza Blvd. Widening (DE-1316). City of National City is Included as Additional Insured to General Liability per policy form wording. ADDITIONAL INSURED•INSU RERLETTER: CANCELLATION Clty of National City Attn: Burton S. Myers 1243 National City Blvd. National City, CA 91950 SHOULD ANYOF TH EABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TOYAIL4O DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAM ED TOTHE LEFT, BUTFAILURE TO DOSOSHAU. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ACORD 25-S (7/97)1 of 1 #M299262 4 <01f 4,-- 1/,- a cU NMF O ACORD CORPORATION 1988 Insured: Dokken Engineering, Inc. Insurer: American Automobile Ins. Co. Policy Number: AZC80875810 Policy Period: 05/31/12 — 05/31/13 EXCERPTS FROM: Fireman's Fund ABC MULTICOVER—AB 91 89 05 99 THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: AMERICAN BUSINESS COVERAGE 2. Blanket Additional Insured Section it — Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include: f. Any person or organization that you are required by a written insured contract to include as an insured, subject to all of the following provisions: (1) Coverage is limited to their liability arising out of: (a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or (b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or (d) the maintenance, operation or use by you of equipment leased toyou by such person(s) or organization(s) 4. Blanket Waiver of Subrogation Section II — Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include: 6. Transfer or Rights of Recovery Against Others to us and Blanket Waiver of Subrogation b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or your work for that person or organization. 19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2 is replaced with: 2. Coverage C — Liability If other valid and collectible insurance is available to any insured for a Toss we cover under Coverage C of this Coverage Part our obligations are limited as follows: a. The insurance provided under this policy is primary if you are required by a written insured contract to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, maintenance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other insurance available to that person or organization is excess and noncontributory with this insurance. EXCERPT FROM: PROPERTY/LIABILITY POLICY -- AB 90 0012 93 1I. K. 5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought. 5 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 February 25, 2013 Mr. Rick Liptak Dokken Engineering 5675 Ruffin Road, Suite 250 San Diego, CA 92123 Dear Mr. Liptak, On February 19th, 2013, Resolution No. 2013-23 was adopted by the City Council of the City of National City authorizing execution of Amendment No. 7 to an Agreement with Dokken Engineering, Inc. We are enclosing for your records a certified copy of the above Resolution and a fully executed original Amendment. Sincerely, Michael R. Dalla, CMC City Clerk Enclosure cc: Engineering Dept.