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HomeMy WebLinkAboutPCC NETWORK SOLUTIONS, A PACIFIC COAST CABLING, INC. COMPANY COAST CABLING, INC. COMPANYA-2011-208 i FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on September 6, 2011, by and between PCC Network Solutions, a Pacific Coast Cabling, Inc. company, ("Consultant") and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("City"). RECITALS: A. The parties entered into Agreement A-2009-148, dated September 8, 2009, (hereinafter "said Agreement") by which Consultant has provided cabling services for voice and data �j communications. l B, In accordance with the terms and conditions of said Agreement, the parties wish to extend the term for an additional one-year period, and add compensation to pay for services provided during the extended term. WHEREFORE, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Agreement, the parties agree as follows: 1. Section 2, COMPENSATION, shall be amended to increase compensation by $45,000.00 to pay for cabling services provided from September 1, 2011 through August 31, 2012. Said services shall be charged at the rates set forth in Exhibit A to said Agreement. 2. Section 3, TERM, shall be amended to extend the term for an additional one-year period through August 31, 2012. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: J By: Uw a¢ eJC JOSEPH STRAKA City Attorney CITY OF(SANTA ANA PAUL M. WALTERS Interim City Manager PCC NETWORK SOLUTIONS A Pacific Gast Cah1mg, Inc. company E (NAME) (Title) ACERTIFICATE OF LIABILITY INSURANCE DAT9/1212D/D11 9/12 11 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 ISU Ins. Services - The Professional Solutions P.O. Box 16729 Irvine, CA 92623-6729 CONTACT NAME: Glenda Jimenez PHONE o Eat , 714-305-1044 % A C No E-MAIL ADDRESS: lends rofessional-ins.com INSURERS AFFORDING COVERAGE NAIC# _ - www.professional-ins.com License#OD43409 INSURERA: Travelers Property Casualty Co. INSURED Pacific Coast Cabling, Inc. PCC Network Solutions INSURER B: Travelers Indemnity Co. Of Conn. INSURERC: Travelers Casualty & Surety INSURER D: The Hartford 9340 Eton Avenue Chatsworth CA 91311 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 11104607 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. INSR LTR TYPE OFINSURANCE ADDLSUBR POLICY NUMBER POLICYEFF MMIDD/YYYY POLICYE%P MMIDDIYYYY LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS -MADE M OCCUR 1/ 630-3558P489TIL-11 1/1/2011 1/1/2012 EACH OCCURRENCE $ 1,000,000 DAMAGE T U �ENTER PREMISES Ee occurrence) $ 300,000 MED EXP(Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE POLICY LIMIT APPLIES PER: 1/ PRO- LOC PRODUCTS-COMP/OPAGG $ 2,000,000 $ B AUTOMOBILE LIABILITY ANY AUTO ALL OS e SCHEDULED AUTOS AUTOS HIRED AUTOS NON -OWNED AUTOS H-8103559P578TCT-11 11IJ2011 1/1/2012 EeaBSTdeotswGLE OMIT $ 1000000 BODILY INJURY (Per person) $ BODILY INJURY (Per acGtlenQ $ PROPERdYDAMAGE Peraccl ent $ $ $ A UMBRELLA LIAR EXCESS U ✓ OCCUR CLAIMS -MADE HSMCUP3558P489TIL-11 1/1/2011 1/1/2012 EACH OCCURRENCE $ 9000000 AGGREGATE $ 9 000,000 DED RETENTION$10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under NIA UB-3985P647-11 1/1/2011 1/1/2012 WCSTATu- 010- TORY LIMITS ER E.L. EACH ACCIDENT $ 1000000 E.L.DISEASE - EA EMPLOYEE $ 00 E.L. DISEASE - POLICY LIMIT $ 1000000 DESCRIPTION OF OPERATIONS below A Professional Liability LHR81312700 1/1/2011 1/1/2012 1,000,000 Each Claim 1,000,000 Aggregate Limit DEd 10 000 Each Claim DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space Is required) SEE ATTACHMENT APPROVED ASTO /FORM CERTIFICATE HOLDER_.. ...... ._....__ ..__..__-._------ __.-- CANCELLATION Laur: JC1L[ DeeL City of Santa Ana A%sistant City AHornoC Attn: Insurance Services Division M-12 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE Santa Ana CA 92701 Kenneth Craig Salazar ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered marks of ACORD GER1NO.: 11104607 Glenda Jimenez 9/12/2011 2:15:32 PM Page 1 of 10 L 'l eoeOwnllneTM l3CK 1 INUA I C AuuCrvu �In CERT NO.: 11104607 Glenda JL4enez 9/12/2011 2;15:32 PM Page 2 of 10 630-3558P489TIL-11 9/12/2011 'Pacific Coast Cabling, Inc. PCC Network Solutions COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED — (Section II) is amended to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age 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. 2. The insurance provided to the additional insured by this endorsement is limited as follows: a) 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 re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III — Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and it. Supervisory, inspection, architectural or engineering activities. c) The insurance provided to the additional in- sured does not apply to "bodily injury" or "property damage" caused by "your work" and included in the "products -completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible 'other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to 'other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still 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 when that person or organization is an additional insured under such 'other insur- ance". 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offensewhich may result in a claim. To the extent possible, such notice should include: CG D2 46 08 05 © 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 CERT NO.: 11104607 Glenda Jimenez 9/12/2011 2:15:32 PM Page 9 of 10 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; it. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any injury or damage arising out of the 'occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ti. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit' as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit', cooperate with us in the investigation or settlement of the claim or defense against the "suit'; and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit' to any provider of"other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to 'other insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. — DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional in- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. CG D2 46 08 05 Page 2 of 2 © 2005 The St. Paul Travelers Companies, Inc. CERT NO.: 11104607 Glenda .Timenez 9/12/2011 2:15:32 PM Page 10 Of 10