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HomeMy WebLinkAboutPENCO, A CANNON COMPANY (4)A-2023-016-01 R•12o23 THIRD AMENDMENT TO AGREEMENT TO PROVIDE ENGINEERING TECHNICAL, AND ADNIINISTRATIVE SUPPORT SERVICES FOR PUBLIC WORKS PROJECTS (PENCO) e­:tWAl2) (b4d, t+)vaj) THIS THIRD AMENDMENT to the above -referenced agreement is entered into on February 7, 1 2023 by and between Pence, a Cannon Company ("Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of c., the State of California ("City"). N O N o RECITALS A. Following City's issuance of Request for Proposal No. 19-045, the parties entered into Agreement No. A-2019-117-04, dated July 16, 2019, by which Consultant agreed to provide engineering, technical, and administrative support services on an as -needed basis for the City's Public Works Agency ("Agreement"). B. Consultant was one of five consultants selected to provide services on an as -needed basis under RFP No. 19-045. The total compensation for services provided by all consultants selected under RFP No. 19-045 was not to exceed a shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. The Agreement remains in effect through July 15, 2022. C. On July 21, 2020, the parties entered into a First Amendment to the Agreement (#A-2020-153- 03) to increase the maximum shared aggregate expenditure under the Agreement. D. On May 18, 2021, the parties entered into a Second Amendment to the Agreement (#A-2021- 075-03) to increase the maximum shared aggregate expenditure under the Agreement. E. The parties now wish to amend the Agreement to further increase the maximum shared aggregate expenditure under the Agreement. The Parties therefore agree: 1. Section 2.a., Compensation, is amended to increase the total compensation for services provided by all consultants selected under RFP No. 19-045 by the shared aggregate amount of $2,500,000 during the term of the Agreement, including any extension periods. Except as modified by this Third Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. [signatures on nextpage] Page 1 of 2 IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to the Agreement on the date and year first written above. Kristine Ridge Clerk o Co acil City Manager APPROVED AS TO FORM SONIA R. CARVALHO City Attorney By: ndon Salvatierra Deputy City Attorney RECOMMENDED FOR APPROVAL vlA �Nabil Saba Executive Director Public Works Agency CONSULTANT Name:/Larry Kraemer Title: Director, Public Infrastructure Page 2 of 2 A� o® CERTIFICATE OF LIABILITY INSURANCE DATEMMID2�Y) 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(les) 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 Assured Partners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230 Lafayette CA 94649 NAMEACT Bright Albert PHONE 510 272-1449 FAX A/C No: E-MAIL ADORE s: Desl nProCerts AssuredPartners.com INSURERS AFFORDING COVERAGE NAIC# INSURERA: Continental Insurance Companv 35289 License#: 6003745 INSURED CANNCOR-02 Cannon Corporation 1050 Southwood Drive INSURERS: Beazley Insurance Company Inc 37640 INSURER C: HARTFORD INSURANCE COMPANY 38288 INSURER D : San Luis Obispo CA 93401 INSURER E NSURER F: COVERAGES CERTIFICATE NUMBER: 1797123285 REVISION NUMRER- 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. INTR TYPE OF INSURANCE ADDLSUBR POLICY NUMBER POLICYEFF IMMIDDIYYYYI POLICYEXP flMIVDDIYYYY1LIMITS A X COMMERCIALGENERAL LIABILITY CLAIMS -MADE OCCUR Y Y 6079204724 9/1/2022 9/1/2023 EACH OCCURRENCE $1.000,000 DAMAGE 10 RENTED PREMISES Ea occurrence $500,000 X MED EXP (Any one person) $15,000 Contractual Liab Included PERSONAL$ ADV INJURY $1.000,000 AGG REGATE LIMIT APPLI ES PER: POLICY PRO- JECT LOG GENERAL AGGREGATE $2,000,000 GEN'L PRODUCTS-COMPIOPAGG $2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLELIMIT Ea accdent $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTYDAMAGE Per accInput) $ A X UMBRELLA LIAB X OCCUR Y Y 6079210751 9/1/2022 9/1/2023 EACH OCCURRENCE $9,000,000 AGGREGATE $9,000,000 EXCESS LIAB CLAIMS -MADE DED I X I RETENTION$ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETORIPARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? NIA Y 57WEOL6H1H 9/1/2022 9/1/2023 X STATUTE ERH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 (Mandatory In NH) If yes, describe under E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS below 9 Professional Liability V27737210401 9/1/2022 9/1/2023 $2,000,000 FrClam gregate $2.000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Romer" Schedu to, may be attached if more apace Is required) Umbrella Liability policy is a follow -form to underlying General Liability/Auto LiabilitylEmployers Liability. RE: City of Santa Ana on Project #A2019-1174-03 , A-2020-153-03, A-2021-075-03I Cannon #190815 City of Santa Ana, its officers, employees, agents, volunteers and representatives are named as an additional insured as respects general liability as required per written contract or agreement. General Liability are Primary/Non-Contributory per policy form wording. Insurance coverage includes waiver of subrogation per the attached endorsement(s). Certificate of Insurance shall provide thirty (30) day prior written notice of cancellation City of Santa Ana Attn: Risk Management Division 20 Civic Center Plaza, 4th Floor Santa Ana CA 92701 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 ©1988-2015 All rights reserved_ ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract; or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products -completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I, above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. 111. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: " A. coverage broader than required by the written contract; or B. a higher limit of insurance than required by the written contract. s IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, o field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities; or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following, which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX (10-16) Policy No: 6079204724 Page 1 of 2 Endorsement No: 19 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2021 Insured Name: CANNON CORPORATION Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance services office, Inc., with Its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products -Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured, this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement, the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self -insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement, the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy; and B. was executed prior to: 1. the bodily injury or property damage; or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX (10-16) Policy No: 6079204724 Page 2 of 2 Endorsement No: 19 VALLEY FORGE INSURANCE COMPANY Effective Date: 09/01/2021 Insured Name: CANNON CORPORATION Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services office, Inc., with its permission. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA Policy Number: 57WEOL6HIH Endorsement Number: Effective Date:09/01/2022 Effective hour is the same as stated on the Information Page of the policy. Named Insured and Address: Cannon Corporation 1050 Southwood Drive San Luis Obispo, CA 93401 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.) 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 2 % of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Job Description Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us Countersigned by Authorized Representative Form WC 04 03 06 (1) Printed in U.S.A. Policy Expiration Date: 09/01/2023 Ho, Emily From: CTrax <certificate-request@ctrax.jdidata.com> Sent: Friday, September 23, 2022 11:35 AM To: designprocerts@assuredpartners.com; brittini.alberty@assuredpartners.com; donnap@cannoncorp.us; Ho, Emily; ElisabethR@cannoncorp.us; Burrola, Melissa Subject: Internal Notice of Compliance Follow Up Flag: Follow up Flag Status: Flagged Categories: RM D_Clerk_COI's NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Cannon Corporation Name: Project A-2019-117-03A Number: Project Extension of Agreement To Provide Engineering, Technical, and Name: Administrative Support Services Agreement No. A-2019-117-03 The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE AUTOMOBILE LIABILITY GENERAL LIABILITY PROFESSIONAL LIABILITY WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Thank you, City of Santa Ana POLICY NUMBER EXPIRATION COI DATE FILE NAME DATE L31553622 09/01/2023 09/06/2022 City of Santa Ana auto .pdf 6079204724 09/01/2023 09/01/2022 CERT- 1797123285.pdf V27737210401 09/01/2023 09/01/2022 CERT- 1797123285.pdf 57WEOL6HIH 09/01/2023 09/01/2022 CERT- 1797123285.pdf Risk Management Division in partnership with CTrax Plus Services Team 9/23/2022 2:35 PM Ho, Emily From: CTrax <certificate-request@ctraxjdidata.com> Sent: Friday, September 23, 2022 11:38 AM To: designprocerts@assuredpartners.com; brittini.alberty@assuredpartners.com; donnap@cannoncorp.us; Ho, Emily; ElisabethR@cannoncorp.us; Burrola, Melissa Subject: Internal Notice of Compliance Follow Up Flag: Follow up Flag Status: Flagged Categories: RM D_C I erk_COI's NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Cannon Corporation Name: Project A-2021-075-03 Number: Project Second Amendment To Agreement To Provide Engineering, Technical, Name: And Administrative Support Services For Public Works Projects (PENCO) The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPH2ATION COI DATE FILE NAME DATE AUTOMOBILE LIABILITY L31553622 09/01/2023 09/06/2022 City of Santa Ana —auto .pd£ GENERAL LIABILITY 6079204724 09/01/2023 09/01/2022 CERT- 1797123285.pdf PROFESSIONAL LIABILITY V27737210401 09/01/2023 09/01/2022 CERT- 1797123285.pdf WORKERS COMPENSATION AND EMPLOYERS' CERT- LIABILITY 57WEOL6HI H 09/01/2023 09/01/2022 1797123285.pdf Thank you, City of Santa Ana 1 Risk Management Division in partnership with CTrax Plus Services Team 9/23/2022 2:38 PM Ho, Emily From: CTrax <certificate-request@ctrax.jdidata.com> Sent: Friday, September 23, 2022 11:39 AM To: designprocerts@assuredpartners.com; brittini.alberty@assuredpartners.com; donnap@cannoncorp.us; Ho, Emily; ElisabethR@cannoncorp.us; Burrola, Melissa Subject: Internal Notice of Compliance Follow Up Flag: Follow up Flag Status: Flagged Categories: R M D_Clerk_COI's NOTICE OF COMPLIANCE CITY S'IAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Cannon Corporation Name: Project A-2020-153-03 Number: Project First Amendment To Agreement To Provide Engineering, Technical, And Name: Administrative Support Services For Public Works Projects (PENCO) The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME DATE AUTOMOBILE LIABILITY L31553622 09/01/2023 09/06/2022 City of Santa Ana auto .pdf GENERAL LIABILITY 6079204724 09/01/2023 09/01/2022 CERT- 1797123285.pdf PROFESSIONAL LIABILITY V27737210401 09/01/2023 09/01/2022 CERT- 1797123285.pdf WORKERS COMPENSATION AND EMPLOYERS' CERT- LIABB.fIT 57WEOL6HIH 09/01/2023 09/01/2022 1797123285.pdf Thank you, City of Santa Ana I Risk Management Division in partnership with CTrax Plus Services Team 9/23/2022 2:39 PM Ho, Emily From: CTrax <certificate-request@ctrax.jdidata.com> Sent: Friday, September 23, 2022 11:40 AM To: designprocerts@assuredpartners.com; brittini.alberty@assuredpartners.com; donnap@cannoncorp.us; Ho, Emily; ElisabethR@cannoncorp.us; Burrola, Melissa Subject: Internal Notice of Compliance Follow Up Flag: Follow up Flag Status: Flagged Categories: RM D_C lerk_COI's NOTICE OF COMPLIANCE CITY STAFF: PRINT THIS PAGE AND INCLUDE WITH AGREEMENT TO THE CLERK OF THE COUNCIL Contractor Cannon Corporation Name: Project A-2019-117-03 Number: Project Agreement To Provide Engineering, Technical, And Administrative Name: Support Services For Public Works Projects The Certificate of Insurance (COI) submitted indicates that the coverages are in compliance with the insurance requirements. No further action is required at this time. The compliant coverage(s) are: TYPE OF INSURANCE POLICY NUMBER EXPIRATION COI DATE FILE NAME DATE AUTOMOBILE LIABB,ITY L31553622 09/01/2023 09/06/2022 City of Santa Ana_auto .pdf GENERAL LIABILITY 6079204724 09/01/2023 09/01/2022 CERT- 1797123285.pdf PROFESSIONAL LIABILITY V27737210401 09/01/2023 09/01/2022 CERT- 1797123285.pdf WORKERS COMPENSATION AND EMPLOYERS' CERT- 57WEOL6HIH 09/01/2023 09/01/2022 LIABILITY 1797123285.pdf Thank you, City of Santa Ana 1 Risk Management Division in partnership with CTrax Plus Services Team 9/23/2022 2:39 PM