HomeMy WebLinkAboutHNTB CORP. 1a509%ta Ano
Cler" of Me CouncH
AGNEMENT TOMMATION FORM
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Pease comp!erL agreement and(
amendmena iff any) cve- no k')nger in affect,
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"" URAN ,: iq i' j v A-2004-132
NIS
WORK MAY _N-01 PROCEED
CLERK OF COUNCIL
DATE: F —/ __(- �; SECOND AMENDMENT TO CONSULTANT AGREEMENT
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THIS SECOND AMENDMENT TO CONSULTANT AGREEMENT is entered
into on July 6, 2004, by and between HNTB Corporation, a Delaware corporation
(`Consultant") and the City of Santa Ana, a charter city and municipal corporation of the
State of California (`City").
RECITALS:
A. The parties entered into Agreement #A-2001-170B, dated August 20, 2001,
(hereinafter "said Agreement") by which Consultant has prepared construction
documents for the City's Public Works and Parks Agencies.
B. In accordance with the terms and conditions of said Agreement, the parties wish to
extend the Agreement for an additional one- year period and increase compensation
by $100,000.00, to pay for construction support and structural engineering services
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
Second Amendment to Consultant Agreement, the parties agree as follows:
Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the
following:
"a. City agrees to pay, and Consultant agrees to accept as total payment for its
services, the rates and charges identified in the fee schedule, Exhibit B, attached to
said Agreement. The total sum to be expended under said Agreement shall not
exceed $ 400,000.00 during the term of said Agreement."
2. Section 3, TERM, shall be amended to extend the termination date from August 31,
2004 through August 31, 2005.
3. Except as herein amended, all terms and conditions of said Agreement shall remain in
full force and effect.
IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to
Consultant Agreement on the date and year first written above.
ATTEST:
PATRICIA �HA
Clerk of the Council
APPROVED AS TO FORM:
JOSEPH W.FLETCHER
City Attorney
By: f, J
Laur heedy
Assistant City Attorney
CITY OF SANTA ANA
DAVID N. REAM
City Manager
HNTB CORPORATION
Vice President [
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ACOROR, CERTIFICAVE OF LIABILITY INSURA CE ,�JStd�M°°" "
PRoeucey' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
h7elmsman insurance Agency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3 Woodfield Lakes HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
900 North National Parkway, Suite 300 .ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Schaumburg, IL 60173 INSURERS AFFORDING COVERAGE 1 NAICIf
N$URED
HNTB Corporation
200 E. Sandpointe Avenue, Suite 200
Santa Ana, CA 92707 p
Fi—aJ
;ET.rrCUIzT.Ta.-1
NSUTIEAC
Mutual Fire Insurance
THE POLICIES OF INSURANCE LISTED BELOW HAVE BFEN'SSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WI I RESPECT TO WHICH
THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
wSR iA00''...... POLICY NUMBER PCNACY EIDIAFFECT WE M CYE%PWATgN.
LIMITS
GEWRALLIAMLftt
EAC IOCCtIHf rNCE $ 1,000.000
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tVAMADB OOO./fO�O,b.
L COMME9CIALGEYFPY. 1 ASILITY t
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t,�ti _ _ _
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DESCNIP'DON OF OPERAI%NISILOCATONHt VEfRClE9/EXCLUSIONS ADDED SV ENDORgEMENT/SPEGUL PR0VK10NtI
HNTB Job 35421; On -Call Engineering Services Amendment to Agreement No. A-2001-170B Additional
Insured: City of Santa Ana, its
officers, agents, volunteers and employees as respects general liability.
City of Santa Ana
Public Works Agency
P.O. Box 1988, M-36
Santa Ana, CA 92702
(2001 MS)
SHOULD ANY OF ABOVE DESCMEO EOUdEb EE CANCELLED C[iORE TINE eYPMArci
1
DATE iMMOF, rRe teful BOIMMA wu �Q DAYS NMITEM 1'f'�F3T.''i: �i5 "T<) F)�b't�TonrtcemxrcATEIaLDEnNAreoroTl�Lxn
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ADDITIONAL INSURED —OWNERS, LESSEES OR CONTRACTORS
Tits endorsement modifies insurance provided under the following-
COMNfFRCL1L GENERAL LIABILITY COVRRAGE PART
SCHEDULE
Name of Person or Organization:
Blanket — All Projects
WHO IS AN INSURED (Section II) is amended to include as an insured the person or organtzation
shown in the Schedule, or, if no person or orgairoatton is shown in the Schedule, then any person of
organizaron to whom you are obligated by a written agreement to procure additional insured coverage,
Provided hav
(a) the "bodily injury", "property, damage", "personal injury' or advertising miury" giving rise to liability
occurs subsequent to the execution of the agreement; and
(h) the ,nttc. agreement is in effect at the time of the "bodily injury", "property damage", "personal
mpirv" or "advertising injury" for which coverage a sought.
'Ihat pco,m or orgarivation shall fxr referred to as the "Addmomd Insured."
'I'he coverage afforded to the Additional Insured is limited to liability incurred as a result of some
neghgent act or omission of the Named Insured its employees, agents, or subcontractors to the conduct of
the Named Insured's ongoing operations.
If the written agreement to procure additional insured coverage requires that the insurance provided for
the Additional Insured be broader than as provided by the precerhng paragraph , then the coverage for the
taddmona'. Insured shall conform to that contract; provided, however, that in no event shall the coverage
for the Additional Insured under tMs or the proceeding paragraph apply to liability that does not arise out
of "your work" performed for that .:additional Insured by you undo the icons of the wrinea agreement.
Zhe coverage provided to the Additional Insured by this endorsement shall not apply to "bodily mjum",
"property damage", "personal injury" or "advertising injury" arising out of the rendering of, or the failure
to render, any professional ashitecmrat, engineering or surveying services, including:
I. The preparing, approving nr failing to prepare or approve, maps, shop drawings, Opinions, reports,
surveys, field orders, change orders or drawings and specifications; and
2. Supen9sorv, inspection, architectural or engineering activities.
The insurance provided by this endorsement applies only to coverages and limits of insurance required by
written agreement, but in no event exceeds either the "Cope of coverage or the limits of insurance
provided by this policy.
If a contact with the !flamed Insured requires that the insurance provided for the Additional Insured be
primary concurrent or prunary non contributory, then the coverage provided to the :addnaonal Insured
under this endorsement shall conform to that contract. However, this insurance will conform to that
contract only to the extent that the cnnrract requires this insurance to be primary in comparison to the
Additional Insured's own policy or polices; in no event shall a contract with the named Insured operate to
LG IQ 17 05 Ol Page S of 2
requite this insurance to contribute with other additional insured coverage available to the Additional
Insured, and this insurance shall be excess over any such other insurance, whether on an excess,
contingent or primary basis.
To the extent that the Additional Insured would have had the. right to pursue any otter insurance Garda
for covcctge, including a defense, we shall share that right with the Additional Insured
-
I s, h ,- .,,.d by the <,"peny IrLh,,v d—Woted by .n entry i� the Lxm ,TToait, I, naroi
Premium $
L;BCRlY MUlt Al, INSLMNCii COMPANY
P.ffcmc 17am lupiravun tYvtc
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Pm i,uchmavr Poi No T132-141-433035-214
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LG 10 17 05 01 --
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Page 2 of
•
AD-(M. CERTIFICATE OF LIABILITY INSURANCE I416?WDM"
PRODUCER LV[:nlon lLOmpanle5
444 W. 47`" Street, Suite 900
Kansas City, MO 64112-1906
(816) 960-9000
INSURED
200 E. Sandpointe Avenue, Suite 200
Santa Ana, CA 92707
T.nvFRAnFS Pr'
INSURERS AFFORDING COVERAGE
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUEDTO'!HE INSUREONAMEDASOVE FORTHE POLICY PERIOOINDICATED NOTWRHSTANDWO
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 'AWN THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS AND CONOTno"S OF SUCH
POLICIES, A UNITSMA R GATE UNITS SHOWN Y NAVE B EN R£DUC£0 BY PAT CLAIMS,
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GARAGE UABIUTY
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EXCESS LIABUTY
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PROFESSIONAL HINA6 LIADit ITY
EXN 008213985
5/1105
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$1,000,000 r claim 8 the annual
aggregate for all projects
DES WYION OF OPERATCMSROCATRNISNENCL fiS QUSWNS ADDED BY FHDOAEENENi!$PECML PROWSA>NB
HNTB Job 35421; On -Call Engineering Services Amendment to Agreement No. A-2001-170B
City of Santa Ana
Public Works Agency
P.O. Box 1988, M-36
Santa Ana, CA 92702
ACORD 2"
SHOULD MY OF THE WOVE DESCRIBED POLIOlES BE CANC[LUD BEFORE ME EFMRATMN
DAYS THEREOF. THE MSUMG INSURER YALL ENOEAVOA NML 30 OAYS WRITTEN
S i'(} i.t �Y)F TOTHE <ERTYKAiE HOLDER HAMWTOTHELEFT.SU AIWNEi-T000 E0.BNAI,
• ` - IMPOEFPWOEIDfY:NON9RL4AHtFKOF-ANY!(MOUPON-1N4AlWRER,�FT;-A4ENTAON
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�� �— AUTHOR¢FDREPRESENTAINE
o ACORD CORPORATION 1086