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HomeMy WebLinkAboutBLACK O'DOWD AND ASSOCIATES, INC..z it;AU Oii FILE a 7 . 0 K MAY PROCEL,, v �w:;t IitisURANCE EXPIRES NO _ .Ef�K OF COUN.0 N DATE: 0 N A-2021-177-06 FIRST AMENDMENT TO AGREEMENT FOR ON CALL SPACE PLANNING AND ARCHITECTURAL SERVICES AGREEMENT THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September C�aYh�c � 7, 2021 by and between Black, O'Dowd and Associates, Inc., a California corporation doing L�I�) business as BOA Architecture ("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 No. A-2020-230-06, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: 1. Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. Except as modified by this First Amendment, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to the Agreement on the date and year first written above. ATTEST CITY OF SANTA ANA aisy Gomez Kristine Ridge Clerk of the Council City Manager [Signatures continue on the next page] Page 1 of APPROVED AS TO FORM: CONSULTANT Sonia R. Carvalho City Attorney By: QQ4t3lQ A. Laura A. Rossini Name: Chief Assistant City Attorney Title. FOR APPROVAL Nabil Saba Executive Director Public Works Agency Page 2 of 2 Francine R. Villareal ACCM CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD)YYYY) 11/20/2020 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 have ADDITIONAL INSURED provisions or 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 CONTACT $ue LUSIC NAME: Cornerstone Specially Insurance Services, Inc. PHONE (714) 731-7700 FAX (714) 731-7750 A/C No Ezt: AIC, No: 14252 Culver Drive, A299 EMAIL sue@comerstones eclat com ADDREBS: P ry' INSURER(S) AFFORDING COVERAGE NAIC II Irvine CA 92604 INSURERA: RU Insurance Company 13056 INSURED INSURER B: Aspen American Insurance Company 43460 BOA ARCHITECTURE INSURER C 1511 Cola Avenue INSURER D: INSURER E Long Beach CA 90813 INSURERF: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF MM/DDNWY POLICY EXP MMIDDNYYY LIMITS X COMMERCIAL GENERALLIABILITY DLAIMS-MADE 7XI OCCUR EACH OCCURRENCE IS 2.000,000 PREMISES Ea occumence $ 1,000,000 X MED EXP (Anyone person) $ 10,000 ADDT'L INSURED / PRIMARY X BLNKTWVROFSUBRO PERSONAL B ADV INJURY $ INCLUDED A Y PSB0007999 11/20/2020 11/20/2021 GENLAGGREGATE LIMITAPPLIES PER: POLICY N PRO- JECT LOC GENERALAGGREGATE $ 4,000,000 PRODUCTS - COMP/OPAGG $ 4,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident S 2,000,000 BODILY INJURY (Per person) $ ANY AUTO A OWNED SCHEDULED AUTOS ONLY AUTOS PS80007999 11/20/2020 11/20/2021 BODILY INJURY Peraccident ( ) $ HIRED v NON -OWNED AUTOS ONLY /� AUTOS ONLY X PROPERTY DAMAGE Peraccident $ $ X UMBRELLALIAS X OCCUR EACH OCCURRENCE $ 1,000,000 A EXCESS UAB CLAIMs-hMOE PSE0003983 11/20/2020 11/20/2021 AGGREGATE $ 1,000,000 DED I I RETENTION $ $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITYYIN ANY PROPRIETORIPARTNEMEXECUTIVE OFFICERIMEMBER EXCLUDED? 171 (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA PSW0004454 11/20/2020 11/20/2021 PER OTH- X STATUTE ER E.L. EACH ACCIDENT S 1.000.000 E.L. DISEASE - EA EMPLOYEE S 1.000,000 E.L. DISEASE - POLICY LIMIT $ 1,000,000 PROFESSIONAL LIABILITY EACH CLAIM $2.000,000 B Claims Made F. AAAE100264-02 11/20/2020 11/20/2021 ANNUALAGGREGATE $2.000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: RFP 20-040 Space Planning and Architectural Services Certificate Holder is Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. 30 days Notice of Cancellation "Except 10 days Notice of Cancellation for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available for all covered claims reported within the policy period. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th FI. AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 WdrMnmgrn¢nElXviaiwL ,v% (�vIEViED6 MPROv®BY: ©1988-2015 ACORD ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD' Risk Management Analyst Policy Number: PSE0007999 RLI Insurance Company THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. RLIPack® FOR DESIGN PROFESSIONALS EXCESS LIABILITY ENHANCEMENT SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT A. General Aggregate Limit — Per Project Or Per Location B. Additional Insured — Primary/Non-contributory C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE FORM A. General Aggregate Limit — Per Project Or Per Location Paragraph 2.a. of C. Limits of Liability of SECTION I — INSURING AGREEMENT is deleted and replaced by the following: a. The limit of liability stated in the Declarations as general aggregate is the most we will pay during each policy period for all ultimate net loss, except ultimate net loss because of: (1) injury and damage included in the products - completed operations hazard or; (2) any coverage included in underlying insurance to which no underlying aggregate applies. The general aggregate applies separately to each of your "projects" away from premises owned by or occupied by you or to each of your locations owned by or occupied by you. "Projects" mean an area away from premises owned by or rented to you at which you are performing operations pursuant to a contract or agreement. For the purposes of determining the applicable aggregate limit of insurance, each "project" at the same "location" shall be considered a single "project". For the purposes of this provision, "location' means (1) premises involving the same or connecting lots; (2) premises where connection is interrupted only by a street, roadway, waterway or right- of-way of a railroad; or PPU 304 06 10 (3) premises where operations are performed in sections, stages or phases as a continuation of the same contract or agreement, even if the premises do not involve connecting lots. B. Additional Insured — Primary/Non-contributory Paragraph K. Other Insurance of SECTION IV — CONDITIONS is deleted and replaced by the following: K. Other Insurance If other insurance, whether collectible or not, is available to the insured covering a loss also covered by this policy, the insurance afforded by this policy shall be in excess of, and shall not contribute with, such other insurance. However, if the underlying insurance provides coverage to an additional insured on a primary basis, or a primary and non-contributory basis, this insur- ance shall be available to such additional insured on an excess basis over the underlying insurance. We will not share with other insurance which covers such additional insured as a named insured. C. Waiver Of Transfer Of Rights Of Recovery Against Others To Us Paragraph L. Subrogation of SECTION IV — CONDITIONS is deleted and replaced by the following: R®It Mmugemm[ Divieian Rrme,Vm S APPROVED Br tSimf tUt�R.DtAud ®' Rtsk Management Analyst WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 4-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any person or organization that you have agreed with in a written contract to provide this agreement. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 11/20/2020 Insured BOA ARCHITECTURE Insurance Company RLI Insurance Company WC 00 03 13 (Ed.4-84) • 1983 National Council on Compensation Insurance. Policy No. PSW 0004454 Countersigned by: Endorsement No. Premium $ c` WekMnugernwtEDtvlefon i REVIEV/ED & APPRW® By. ��yillll€1' facev.:n.e P.. V:usnta.� �Zqwp. Risk Management Analyst -