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HomeMy Public PortalAboutW.G. ZIMMERMAN ENGINEERING, INC - Amendment No. 2 - Professional Staffing Extension ServicesAMENDMENT NO. 2 TO AGREEMENT FOR CONTRACT SERVICES FOR PROFESSIONAL STAFFING EXTENSION SERVICES TIDS SECOND AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES ("Second Amendment") by and between the CITY OF CARSON, a California municipal corporation ("City") and W.G. ZIMM:~~ ENGINEERING, INC., a California Corporation ("Consultant") is effective as of the day of May, 2017. RECITALS A. City and Consultant entered into that certain Agreement for Contractual Services dated April 21, 2016 ("Agreement") whereby Consultant agreed to provide professional staffing extension services in order to manage design and construction of various capital improvement projects in the City of Carson, including but not limited to, street improvement projects, park field and park facility renovations, and several other architectural and site developments (the "Services"). B. Effective October 18, 2016, City and Consultant amended the Agreement for the first time ("First Amendment") to extend the Agreement by seventy days to June 30, 2017, thereby increasing the total term of the Agreement to approximately one year and two months, and to increase the total compensation by $105,000, for a total contract sum of $175,000. C. Consultant is currently assisting the department as an interim Associate Engineer. In order for Consultant to continue to provide the Services until permanent Associate Engineers can be hired by City and provide additional services as requested by the City, the Agreement must be extended to December 31, 2017 and the total compensation of the Agreement must be increased by $88,000. D. City and Consultant now desire to amend the Agreement for a second time ("Second Amendment'') to provide for additional services; to extend the Agreement for an additional one hundred eighty-four days to December 31, 2017, thereby increasing the total term of the Agreement to approximately one year and eight months; and to increase the total compensation of the Agreement by $88,000, for a total contract sum of $263,000. TERMS I. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strike thre1:1gk). A. Section 2.1 of the Agreement, entitled "Contract Sum," shall be amended to read as follows: "Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total -I -01007.0006/37231 S.2 compensation, including reimbursement for such expenses, shall not exceed OHe H1:1RElreEi Se·1eRty fh•e Tl=to1:1saREI ($175,QOO.OO) Two Hundred Sixty Three Thousand ($263,000.00) (the "Contract Sum"), unless additional compensation is approved pursuant to Section 1.8. B. Section 3.4, of the Agreement, entitled "Term," shall be amended to read as follows: "Unless earlier terminated in accordance with Article 7 of this Agreement, this Agreement shall continue in full force and effect until completion of the services but not to extend past J1me 30, 2017 December 31, 2017, except as otherwise provided in the Schedule of Performance (Exhibit "D"). C. Exhibit A, of the Agreement, entitled "Scope of Services," shall be amended to _add the following task to Section I: "0. Assist City i11 reducing project costs, facilitating transfer of interests related to projects between local agencies, and evaluating proposed sites for potential new projects.,, C. Exhibit C, of the Agreement, entitled '4Scbedule of Compensation," shall be amended in Section V to read as follows: "The total compensation for the Services shall not exceed $175,000 $263,000, as provided in Section 2.1." 2. Continuing Effect of Agreement. Except as amended by this Second Amendment (and except as amended by the First Amendment, where such amendment does not conflict with this Second Amendment), all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Second Amendment, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Second Amendment to the Agreement. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Second Amendment, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Second Amendment, Consultant is not in default of any material term of the Agreement and that there have been no -2 -01007.0006/372315.2 events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Second Amendment. 5. Authority. The persons executing this Agreement on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement, such party is fonnally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other Agreement to which said party is bound. [MORE] -3 -01007.0006/372315.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first-above written. CITY: CONSULT ANT: W.G. Zimmennan Engineering, Inc., a California corporation By:•(.,{..,t.~~~_/!1.~:::=:======::__~-Name: \..J, (( ~'"--e_ Z\.-vt. W\e.JoM. "<./ Tit]e: lPv-~(L..e.~ By:/J~ ·A---~ N.ame: '\/fJ,,Ufo.v._ Z-c,.wi~..._, Title: Scc.-..... -l-.cu.., Address: 17011 Beach Boulevard Suite 1240 Huntington Beach. CA 9264 7 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. -4-01007.0006/372315.2 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF l..O&~~~E_ r,r...tf>'1 'ft.t&(.J t.... ~~ -rj. lJLJ~ I {\J >../' A/J,, ~'"" On '(VV'r-1 tt:t , 2017 before me,~ p,vl&Wf r:·personally appeared yi'"\.I r..tP~-, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. l-·--··-·-··f JEFFREY OW!GHT KIMBERLIN -COMMISSION# 2128328 i ~ Notary Pubhc • Cahlomia ~ ft ORANGE COUNTY J • Mv Comm E,p,res Sep\ 28 201st ....... w ....... ., •• OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this fonn. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF AITACHED DOCUMENT D INDIVIDUAL 0 CORPORA TE OFFICER TITLE(S) D PARTNER(S) D LIMITED D GENERAL TITLE OR TYPE OF DOCUMENT 0 AITORNEY-IN-FACT D TRUSTEE(S) 0 GUARDIAN/CONSERVATOR NUMBER OF PAGES D OTHER ------------SIGNER IS REPRESENTING: (NAME OF PERSON($) OR ENTITY(IES)) SIGNER S OTHER THAN NAMED ABOVE 01007.0006/37231 S.2 SCOPE OF SERVICES Consultant will provide professional staffing extension services in order to manage design and construction of various capital improvement projects in the City of Carson, including but not limited to, street improvement projects, park field and park facility renovations, and several other architectural and site developments (the "Seryices"). I. Consultant will perform the following specific tasks in connection with its Services: A. Develop matrices of the active and proposed projects with schedule, budgets, and priorities. Consultant will research each project-funding mechanism to detennine critical dates or expiration of funds and process the necessary applications for each project funding mechanism in a timely manner, as follows: • Prepare a simple project schedule in Excel for each current project in the Capital Improvement Program {CIP). The schedule will have the City Project Number, Project description, applicable limits, and detail the process to move the project forward such as; RFP development for design, RFP development for Inspection, Project Plans Development, bid documentation development, environmental processing, public meetings, City Council action for project acceptance of Plans, Specifications, and Estimate (PS&E) and Public Bid, City Council Action to Award Construction, City Council action to accept project, and project close-out. This process is greatly influenced by the type of funding such as Transportation Development Act (TOA), Highway User tax (HU1), Community Development Block Grant (CDBG), Proposition C, and /or Federal and State Programs. This project schedule will allow for any critical funded projects to be quickly implemented. • Develop the CIP into a Microsoft Project Data base. This scheduling software will include the project process (i.e. Design RFP, Environmental, Construction, Construction Management RFP, Project Close-out, City Council Action, and special funding requirements), timelines, milestones, public input, budget and funding type, and priority. This schedule will be updated bi-weekly. B. Perform a thorough research of information relevant to each project (i.e. record drawings, field investigation, site conditions, restrictions, CEQA status, etc.). Research items include: • Roadway or Facility As-built plans (may include utility infonnation) 01007.0006/286776 9 • Utility information from prior projects, utility maps or permits • Field investigations -define possible conflicts prior to the commencement of design • Storm water system plans and studies • Adjacent projects (city and other agencies) • Environmental Document requirements • Funding requirements Consultant will prepare a Matrix that wiJJ be used as a Template for each CIP project to track collection of data and utility notification. C. Discuss and coordinate future projects with various agencies (e.g. various utility companies, various pipeline companies, LA County Dept. of Public Works, Sherriff, Caltrans, etc.) Coordination with adjacent agencies and other impacted agencies as far in advance as required to reduce impacts to newly constructed facilities. Coordination with other adjacent agencies to ensure consistency with regional improvements that may be planned or under construction. Consultant will track its progress in coordinating with all affected agencies and providing notifications as follows: • For outside Consultants, utility notices and responses will be used monitored through a matrix that lists the utility, contact infonnation, date of first contact, information provided to the utility and response from the utility, and follow-up. A total of three utility notices will be provided; preliminary, Concept plan level. and 60% plan level. This same process will be used for in-house projects. • An adjacent jurisdiction coordination matrix will be used to monitor City efforts in this process. A deposition of critical issues and resolutions will be maintained for this process. D. Prepare and compose Requests for Proposals (RFP); review and evaluate proposals and provide recommendations to City Engineer, Director of Public Works, and City Council. OJ0071l006/286n6 9 Consultant wilJ use City standard boiler plate fonnats as the basis for RFPs, and develop detailed scopes of work for each project based upon Consultant's research, field investigations and goals of the project. Consultant has developed a standard evaluation form based upon Caltrans procedures (Local Assistant Program Manual (LAPM) Chapter I 0) that is modified for each project based upon funding type. This ensures compliance with State and Federal law. The results of Consultant's proposal evaluations will be presented to the City Engineer and Director of Public Works for consideration. The Final recommendation will be presented to the City Council for consideration in an Agenda Report. E. Prepare and conduct presentation to various City Staff members, Commission Groups, City Council and the Public. As the need arises, Consultant sha11 prepare, or assist City staff in preparing: presentation materials, conduct public workshops, agenda items and agenda reports, City Council and Planning Commission presentations, and responses to inquiries from City Council, Planning Commission, and the public; as well as support other departments at public meetings. F. Draft construction plans using AutoCAD software, compose project specifications and estimates. Consultant's CIP Manager is supported by the W.G. Zimmennan Engineering Team, experienced in preparation pf project plans and specifications for Public Works projects. Consultant can provide the City with two options: design construction plans in Consultant1s office; or provide a design engineer at the City for project design. G. Prepare and coordinate projects for the bidding process. Consultant's CIP manager will coordinate the bidding process with the City · Engineer to ensure Council approval for bidding, City Clerk for establishing bid opening dates, and placement in the Green Sheets for bid notification. In addition, Consultant will prepare an electronic version of the bid documents for bidding clearinghouses. Once bids are received, Consultant will prepare a bid analysis of the results, confinn bid required documents are included, and verify other bid items are consistent with project funding. H. Coordinate, conduct, and attend various meetings (e.g., staff mtgs., construction meetings, progress meetings, utility coordination meetings, workshops). 01007.0006/286776.9 Consultant will attend coordinate, and represent the City at various meetings including the South Bay Cities COG, Regional Planning bodies, re-construction, and construction meetings, as assigned by the City. I. Meet with various City departments and solicit input for project design, schedule, and budgets. Consultant may establish a design review committee to review assigned projects, its City-wide impacts, and to solicit input from the various departments. This ensures that every department within the City is aware of the project prior to the completion of design. Updated project budgets a~d schedules will be provided to the committee members on a monthly basis. Committee meeting are scheduled on a monthly basis. J. Manage project budgets and closely work with City's Finance Department staff. Consultant will review monthly ledger reports for each project and assign the corrected amount to the proper funding source. Each funding source may have specific requirements for reimbursements such as Highway Safety Improvement Program (HSIP) or Proposition C funds. Consultant will ensure that each fund is properly coded and is reimbursable. Funding sources accessed by Consultants in the past have included: HUT, Measure R, Proposition C, Proposition A, Proposition IB, CDBG, TDA, HSIP, Transportation Enhancement Act, Loca1 Transportation Fund, Highway Bridge Program, STPL (Local Roadway Federal return Fund), and Active Transportation Fwid. K. Review, evaluate, approve, and process payments to consultants, contractors, and various agencies. As project managers, Consultants may receive monthly payment requests from consultants, contractors, LA Flood Control District, and other agencies. As needed, Consultant will review invoices and compare work completed with project scopes, progress reports, and/or construction contracts, in confonnance with City requirel)lents. L. Review, evaluate, negotiate and approve proposed changes by consultants and contractors. 01007 0006/286TI6.9 In order to develop RFPs Scope of Work, Consultant will fully review the project including as-built plans and utilities, and compare the information to field observation. This process assists in developing a comprehensive approach to design projects and minimize design change and budget amendments with Consultants. Contractors Change Orders for projects under design require special attention to Greenbook criteria and/or federal criteria. Locally funded projects approval process will follow the City's and Greenbook requirements. \ > Federal-and/or state-funded projects require additional program management as articulated in the Local Assistance Procedures Manual and the Guidelines. Such projects require special oversight and could impact the project completion based upon the total dollar value and/or change of scope, and require very close coordination with Caltrans District 7 Local Assistance. Consultant will closely monitor such coordination to ensure that the project funding remains intacL M. Field work such as field, permit project, and construction inspections, job walks, and field reviews. Consultant's field work will be documented using a fonnatted spreadsheet provided in an electronic tablet. This makes the management of field notes easy and provides a direct download into the project file. Construction Punch List items will be developed independently of the City's Construction Manager and provides a check to the City's list. Consultant will work with the Construction Manager to review and approve the items on the punch list prior to the submittal to the Contractor for remediation. N. Efficiently and effectively develop aod manage multiple Public Works Capital Improvement Projects from planning stage through the conclusion of each projed. Development and management of multiple projects will include detennining the City's future needs, identifying potential funding sources, and coordination with. the various City departments for confirmation of projects. The projects will be compared to other City and regional projects for conflicts with construction timelines or special City events. II. As part of the Services, Consultant will prepare and deliver the following tangible work products to the City: A. Work products as assigned by City B. AutoCAD Drawings C. Meeting Minutes III. In addition to the requirements of Section 6.2, during performance of the Services, Consultant will keep the City appraised of the status of performance by delivering the following status reports: A. Weekly Progress Report B. Project Status Matrix C. Project Budget Analysis 01007.0006/286776.9 IV. AJI work product is subject to review and acceptance by the City, and must be revised by the Consultant without additional charge to the City until found satisfactory and accepted by City. V. Consultant will utilize the following personnel to accomplish the Services: A. Bill Zimmennan, PE, PTOE-Project Manager Support B. Christopher Cordero, PE -Project Manager Support C. Amy Tran, EIT -Design Support o 1001 0006/286n6 9 EXHIBIT "B" SPECIAL REQUIREMENTS (Superseding Contract Boilerplate) 1.1 Scope of Services, is amended to read as follows: In compliance with all tenns and conditions of this Agreement, the Consultant shall provide those services specified in the "Scope of Services" attached hereto as Exhibit "A" and incorporated herein by this reference, which may be referred to herein as the "services" or "work" hereunder. As a material inducement to the City entering into this Agreement, Consultant represents end W&mlRts that it has the qualifications, experience, and facilities necessary to properly perform the services required under this Agreement in a thorough, competent, and professional manner, and is experienced in performing the work and services contemplated herein. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all services described herein. Consultant covenants that it shall follow the highest professional standards in performing the work and services required hereunder and that all materials will be of good quality, fit for the pwpose intended. For purposes of this Agreement, the phrase "highest professional standards" shall mean those standards of practice recognized by one or more first-class firms performing similar work under similar circumstances. 1.5 Familiarity with Work, is amended to read as follows: By executing this Agreement, Consultant Wftl'l'amSrepresents that Consultant (i) has thoroughly investigated and considered the scope of services to be performed, (ii) has carefully considered how the services should be performed, and (iii) fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement. If the services involve work upon any site, Consultant wmantsrepresents that Consultant has or wilt investigate the site and is or will be fully acquainted. with the conditions there existing, prior to commencement of services hereunder. Should the Consultant discover any latent or unknown conditions, which wilt materially affect the performance of the services hereunder, Consultant shall immediately inform the City of such fact and shall not proceed except at Consultant's risk until written instructions are received from the Contract Officer. 5.2 General Insurance Requirements, is amended as follows: AH of the above policies of insurance (except Professional Liability and Workers' Compensation) shall be primary insurance and sha1J name the City, its elected and appointed officers, employees and agents as additional insureds and any insurance maintained by City or its officers, employees or agents may apply in excess of, and not contribute with Consultant's insurance. The insurer is deemed hereof to waive all rights of subrogation and contribution it may have against the City, its officers, employees and agents and their respective insurers. Moreover, the insurance policy must specify that where the primary insured does not satisfy the self-insured retention, any additional insured may satisfy the self-insured retention. All of said policies of insurance shall provide that said insurance may not be emefltiea e, cancelled by the 01007.0006/286776.9 insurer or any party hereto without providing thirty (30) days prior written notice by eertifieeU.S. first Class mail return receipt requested to the City. A ten (10) day written notice to City shall apply to non-payment of premium. Consultant shall provide thirty (30) days written notice to City prior to implementation of a reduction of limits or material change of insurance coverage as specified herein. In the event any of said policies of insurance are cancelled, the Consultant shall, prior to the canceUation date, submit new evidence of insurance in conformance with Section 5.1 to the Contract Officer. No work or services under this Agreement shall commence until the Consultant has provided the City with Certificates of Insurance, additional insured endorsement forms or appropriate insurance binders evidencing the above insurance coverages and said Certificates of Insurance or binders are approved by the City. City reserves the right to inspect complete, certified copies of and endorsements to all required insurance policies at any time. Any failure to comply with the reporting or other provisions of the policies including breaches or warranties shall not affect coverage provided to City. All certificates shaU name the City as additional insured (providing the appropriate endorsement) and shaU confonn to the following "canceHation" notice: CANCELLATION: SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATED THEREOF, THE ISSUING COMPANY SHALL MAIL THIRTY (30)-DA Y ADVANCE WRIITEN NOTICE TO CERTIFICATE HOLDER NAMED HEREIN. [to be initialed] Co:!: Initials City, its respective elected and appointed officers, directors, officials, employees, agents and volunteers are to be covered as additional insureds as respects: liability arising out of activities Consultant perfonns; products and completed operations of Consultant; premises owned, occupied or used by Consultant; or any automobiles owned, leased, hired or borrowed by Consultant. The coverage shall contain no special limitations on the scope of protection afforded to City, and their respective elected and appointed officers, officials, employees or volunteers. Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liabi1ity. Any deductibles or self-insured retentions must be declared to and approved by City. At the option of City, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City or its respective elected or appointed officers, officials, employees and volunteers or the Consultant shall procure a bond guaranteeing payment of losses and related investigations, claim administration, defense expenses and claims. The Consultant agrees that the requirement to provide insurance shall not be construed as limiting in any way the extent to which the Consultant may be held responsible for the payment of damages to any persons or property resulting from the Consultant's activities or the activities of any person or persons for which the Consultant is otherwise responsible nor shall it limit the Consultant's indemnification liabilities as provided in Section 5.3. 01007.0006a86776-.9 In the event the Consultant subcontracts any portion of the work in compliance with Section 4.5 of this Agreement, the contract between the Consultant and such subcontractor shall require the subcontractor to maintain the same policies of insurance that the Consultant is required to maintain pursuant to Section 5.lt and such certificates and endorsements shall be provided to City. 01007.0006/286776.9 EXHIBIT "C" SCHEDULE OF COMPENSATION I. Consultant shalJ perform the following tasks at the following rates: RATE TIME SUB-BUDGET A. Bill $185.00/HR As needed NIA Zimmerman B. Christopher $170.00/HR As needed NIA Cordero c. Amy Tran $115.00/BR As needed NIA See Exhibit C-1 for WGZE's billing and non-labor expenses schedule. IT. A retention of ten percent (10%) shall be held from each payment as a contract retention to be paid as part of the final payment upon satisfactory completion of services. NI A. ID. Within the budgeted amounts for each Task, and with the approval of the Contract Officer, funds may be shifted from one Task subbudget to another so long as the Contract Sum is not exceeded per Section 2.1, unless Additional Services are approved per Section 1.8. IV. The City will compensate Consultant for the Services performed upon submission of a valid invoice. Each invoice is to include: A. Line items for all personnel describing the work performed, the number of hours worked, and the hourly rate. B. Line items for all materials and equipment properly charged to the Services. C. Line items for all other approved reimbursable expenses claimed, with supporting documentation. D. Line items for all approved subcontractor labor, supplies, equipment, materials, and travel properly charged to the Services. V. The total compensation for the Services shall not exceed $70,000.00, as provided in Section 2.1 of this Agreement. VI. The Consultant's billing rates for all personnel are attached as Exhibit C-1. o 1001.0006/2a6n6.9 EXHIBIT "D" SCHEDULE OF PERFORMANCE I. Consultant shall perform all Services in a timely manner, as directed by the Public Works Director or his/her designee. II. Consultant shall deliver the following tangible work products to the City by the following dates. N/ A I.II. The Contract Officer may approve extensions for performance of the services in accordance with Section 3.2. 01007.0006/286776 9 ACORDe CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DDIYYYY) '----" 3/29/2017 THIS CERTIFICATE IS ISSUED AS A MATIER 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 certlflcate holder Is an ADDITIONAL INSURED, the pollcy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the tenns and conditions of the policy, certain pollcles may require an endorsement. A statement on this certificate does not confer rights to the certlflcate holder In lieu of such endorsement{s). PRODUCER ,.uNTACT Dannvlooez NAME! Dealey, Renton & Associates r11~.t c .... 114-427-3484 I F~!5 .. _ •. ORA License 0020739 P.O. Box 10550 ~~"~k ..... dlopez@insdra.com Santa Ana CA 92711-0550 INSURERISl AFFORDING COVERAGE NAIC# INSURER A: Travelers Prooertv Casualty Co of A 25674 INSURED WGZIMENGI INSURER a :Argonaut Insurance Comoanv 19801 W G Zimmerman Entneering, Inc. INSURERC: 17011 Beach Blvd., te. 1240 INSURERD: Huntington Beach CA 92647 INSURERE: INSURERF: COVERAGES CERTIFICATE NUMBER· 359542400 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 ANO CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE 1:~M&~. 1~0UCYEXP LIMITS lTR INSD WV[) POLICY NUMBl:R M/DDIYYYYl A X COMMERCIAL GENERAL LIABILITY y y 6807H190372 10/15/2016 10/15/2017 EACH OCCURRENCE s1,ooo.ooo ,--D Cl.AIMS-MADE w OCCUR "="'"' TU_Nl:NTt:D ~ PREMISE.<: tfa occurrenoel S1,000,000 ~ Con!radual L!ab MED EXP (Ally one person) $10,000 ~ l.!!.!.I IO~[Yded PERSONAL & AOV INJURY s1.ooo.ooo GE.N'LAGGREGATE LIMIT APPLIES PER: GENERAi. AGGREGATE $2.000,000 Fl POLICY 0 r;rir D LOC PRODUCTS· COMP/OP AGG S2,000,000 OTHER: $ A AUTOMOBILE UABILITY y BAS429L431 10/15/2016 10/15/2017 (Ea aocident)1""~" LJMI' 51,000.000 -X ANY AUTO BOOIL Y INJURY (Per pel!on) $ -ALL OWNED -SCHEOUlEO AUTOS AUTOJ BODILY INJURY (Per aa:ldent} S -X NON-WNEO PRv~~':'.' , OAMAGt: X HIRED AUTOS _ AUTOS !Per accident) $ -s A X UMBRELLA UAB ~OCCUR CUP7372Y622 10/15/2016 10/1512017 EACH OCCURRENCE 51,000,000 ~ EXCESSUAB CLAIMS.MADE AGGREGATE s1.ooa.ooo OED IX I RETENTION SO $ A WORKERS COMPENSATION y UB5623Y264 3/1/2017 3/1/2018 XI ~¥:run: I l~TH· AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE D NIA E.L. EACH ACCIOENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandata,y In NH) E.L. DISEASE· EA EMPLOYEE S1,000,000 gl;~~~~~ 18'/~PERATIONS below E.L. OISEASE • POLICY LIMIT $1,000,000 B Professional Liabllity IAE10S3207 6/26/2016 6/2612017 $2,000,000 Per Claim Claims Made $2.000,000 Annual Aggregate DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICU!S (ACORD 101, AddlUonal Remarh Sch1dule, may be Qllaohad II mare apace la required) City or its officers, employees or agents are named as an additional insured as respects teneral liability for claims arising from the operations of the named insured as required per written contract or agreement. Coverage afforded t e additional insured is primary and non-contributory as respects to general liability coverage. Insurance coverage includes waiver of subrogation per the attached endorsement(s). CERTIFICATE HOLDER CANCELLATION 30 Day NOC/10 Day for NonPay of Prem SHOULD ANY OF n!E ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Carson THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: c~ Hall ACCORDANCE WJTH THE POLICY PROVISIONS. 701 E. arson Street Carson CA 907 45 I Ap~NTATIVE ACORD 25 (2014101) © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER: 6SO?Hl90372 COMMERICAL GENERAL LIABILITY ISSUE DATE: 3/29/2017 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED (ARCHITECTS, ENGINEERS ~ND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE NAME OF PERSON(S) OR ORGANIZA TION(S): City of Carson Attn: City Hall 701 E. Carson Street Carson CA 90745 PROJECT/LOCATION OF COVERED OPERATIONS: City or its officers, employees or agents PROVISIONS A The following is added to WHO IS AN INSURED {Section II): The person or organization shown in the Sched-ule above is an additional insured on this Cover-age Part, but only with respect to liability for bod-ily injury•, 'property damage· or 'personal injury caused, in whole or in part, by your acts or omis -sions or the acts or omissions of those acting on your behalf: a. In the perfonnance of your ongoing oper-ations; b. Jn connection with premises owned by or rented to you; or The insurance provided to such additional insured is limited as follows: d. This insurance does not apply to the render-ing of or failure to render any "professional services". e. The limits of insurance afforded to the addi-tional insured shall be the limits which you agreed in that 'contract or agreement requir-ing insurance" to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are Jess. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section Ill) for this Coverage Part. C. In conne<:tlon with your work and included within the "products -completed operations hazard." B. The following is added to Paragraph a. of 4. Such person or organization does not qualify as an addltional insured for 'bodily injury", "property damage" or "personal injury' for which that peison or organization has assumed liability in a contract or agreement. CG 03 82 09 07 Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS {Section IV): However, if you specifically agree in a contract or agreement requiring Insurance that, for the addi-tional insured shown i, the Schedule, the insur-ance provided to that additional insured under this Pagel © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its permission COMMERICAL GENERAL LIABILITY Coverage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1} The "bodily Injury· or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance• for such additional insured. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the additional insured when the additional insured is also an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): We waive any rights of recovery we may have against the additional insured shown in the Schedule above because of payments we make for "bodily injury•, "property damage" or "personal CG 03 82 09 07 injury• arising out of "your work" on or for the project, or at the location, shown in the Schedule above, performed by you, or on your behalf, under a ·contract or agreement requiring insurance" with that additional insured. We waive these rights only where you have agreed to do so as part of the ucontract or agreement requiring insurance" with that additional insured entered Into by you before, and in effect when, the -bodily injury" or "property damage" occurs, or the "personal injury" offense is committed. D. The following definition is added to DEFINITIONS {Section V): "Contract or agreement requiring insurance• means that part of any contract or agreement under which you are required to include the person or organization shown in the Schedule as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered Into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page2 © 2007 The Travelers Companies, Inc. Includes the copyrighted material of Insurance Services Office Inc., with its pennisslon POLICY #:BA5429L431 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions ofthe Coverage Form apply unless modi-fied by this endorsement. This endorsement identifies person(s} or organization(s) who are ~insureds" under the Who Is An Insured Provi-sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 10/15/2016 Countersigned By: Named Insured: ~ W G Zimmerman Engineering, Inc. (Authorized Reoresentative) SCHEDULE Name of Person(s) or Organizatlon(s): City or its officers, employees or agents (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA20480299 Copyright. Insurance Services Office, Inc., 1998 ~ TRAVELERSJ WORKERS COMPENSATION AND EMPLOYERS LIABILITY POLICY ENDORSEMENT WC 99 03 76(00) -001 POLICY NUMBER: UB5623Y284 WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENTCALIFORN~ (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 3.00 % of the California workers' compensation premium otherwise due on such remuneration. Person or Organization City of Carson Attn: City Hall 701 E. Carson Street Carson CA 90745 DATE OF ISSUE:3/29/2011 017106 Schedule Job Description City or its officers, employees or agents ST ASSIGN: CA 5/30/2017 Home Legislation Detaits Reports File#: Type: File created: On agenda: Title: Sponsors: Attachments: History (0) Text Calendar City Council 2017-327 Version: 1 Consent 4/24/2017 5/16/2017 CITY OF CARSON -File#: 2017-327 Oepartmen~ People Name: Status: In control: Final action: Agenda Ready City Council CONSIDERATION OF TI-IE SECOND AMENDMENT TO TI-IE CONSULTANT RETAINER AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING INC. TO PROVIDE STAFF AUGMENTATION TO IMPLEMENT CAPITAL IMPROVEMENT PROGRAM PROJECTS AND VARIOUS DEVELOPMENT PROJECTS (crTY COUNCIL) Public Works 1. Exh No. 1 Minutes 04-19-2016 Item #1S. 2. Exh No. 2 Minutes Oct 18 CC Item No 22. 3. Exh No. 3 Second Amendment Agreement. 4. Exh No. 4 Reso t7· !l.23 Report to Mayor 4nd City Council Tuesday,May 16,2017 Consent SUBJECT: Title CONSIDERATlON OF THE SECOND AMENDMENT TO THE CONSULTANT RETAINER AGREEMENT WITH W.G. ZIMMERMAN ENGINEERING INC. TO PROVIDE STAFF AUGMENTATION TO IMPLEMENT CAPITAL IMPROVEMENT PROGRAM PROJECTS AND VARIOUS DEVELOPMENT PROJECTS (CITY COUNCIL) Body I. SUMMARY On December 23, 2015, the Engineering Services Division submitted a Request for Proposal (RFP} for professional staffing extension services in order to =ge the design and construction ofvarious Capital Improvement Program (Cil') projects and other private development projects in the City. On April 19, 2016, the City Council approved a Consultant Retainer Agreement with W.G. Zimmennan Engineering Inc. (WGZE) to provide staff augmentation, in the amount ofS70,000.00 (Exhibit No. 1). Oo. October 18, 2016, the City Council approved the Fim Amendment to the Consultant Retainer Agreement with WGZE, which involved additional services, and an increase in compensation, in order to continue the services provided by WGZE (Exhibit No. 2). The proposed Second Amendment to the Consultant Retainer Agreement with WGZE involves additional services, and an increase in compensation, in order to continue the services provided by WGZE (Exhibit No. 3). ll.RECOMMENDATION Recommendation TAKE the following actions: 1. APPROVE the Second Amendment to the Consultant Retainer Agreement with W.G. Zimmerman Engineering Inc. to reflect an increase in compensation in the amount of$88,000.00, resulting in a total contract sum not-to-exceed $263,000.00. 2. AUTHORIZE the Mayor to e,cecute the Second Amendment to the Consultant Retainer Agreement with W.G. Zimmerman Engineering Inc. following approval as to form by the City Attorney. 3. WANE further reading and ADOPT Resolution No. 17-063, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON, CALIFORNIA, AMENDING THE FY 2016/17 BUDGET IN THE GENERAL FUND," to increase the General Fund budget by $88,00 ... atck here ror full text https:/Jcarson.legistar.com/LegislationDetail.aspx?ID=3045771&GUID=C936E10F-0395-4DA8-A45F-4C1350DD5030&0ptions=&Search= 1/1