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HomeMy WebLinkAboutAWP SAFETY (STATEWIDE TRAFFIC SAFETY AND SIGN, INC. A DELAWARE CORP) INSURANU ON FILE WORK MA1 PROCEED A-2025-065 UNTIL INSUR[AICE EXNRES ,f v CLERKFIRST AMENDMENT TO AGREEMENT WITH STATEWIDE TRAFFIC SAFETY AND 9 'JUL Q 202 SIGNS,INC,TO PROVIDE ON-CALL TRAFFIC CONTROL SERVICES I[�1 THIS FIRST AMENDMENT to the above-referenced agreement is entered into on May 6, 2025, by and `rlul�litl W�04between Statewide Traffic Safety and Signs, Inc., a Delaware corporation, dba AWP Safety ("Contractor"), 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-2022-013-01 ("Agreement")dated February 1,2022,to provide on-call traffic control services for the City's Public Works Agency. B. Contractor is one of two selected contractors to provide said services to the City pursuant to Request for Proposal#21-120 ("RFP"). Each contractor shares an aggregate total compensation amount,as detailed in the Agreement, and are paid only for actual services performed C. The Parties executed an extension under the Agreement on January 22,2025 for an additional two (2)year period (#A-2022-013-01A)through January 31, 2027, The Agreement is current and in effect. D. In addition to this Agreement, the City maintained a separate agreement with Contractor for services with the City's Police Department,as well as Parks,Recreation,and Community Services Agency for similar services. E. The Parties now wish to amend the Agreement to expand the Scope of Services to include additional department requests from the City under a single Agreement in order to increase efficiency and streamline operations. In addition, the Parties seek to increase the overall compensation to account for the additional services for those departments. No other changes are contemplated by this Amendment. The Parties therefore agree: 1. Section 1,Scope of Services is amended to read as follows: a. On an on-call basis, and at the City's sole discretion, Contractor shall perform the services described in the scope of work that was included in RFP No. 21-120, which is attached as Exhibit A and incorporated in full,and as further described in Contractor's Proposal,which is attached as Exhibit B and incorporated in full. b. Services consistent with this Agreement shall be provided to the City's Public Works Agency; Parks, Recreation, and Community Services Agency; and the Santa Ana Police Department. Each department will provide written confirmation of its request for services with Contractor. 2. Section 2,Compensation,is hereby amended to read as follows: a. City neither warrants nor guarantees any minimum or maximum compensation to Contractor under this Agreement. Contractor shall be paid only for actual services performed under this Agreement at the rates and charges identified in Exhibit C. Contractor is one of two (2) contractors selected to provide services on an on-call basis under RFP 21-120. The total compensation for services provided by all contractors, under the term of this Agreement,. including any extensions, shall not exceed the shared aggregate amount of one million ten thousand dollars and zero cents($1,010,000). b. Contractor may increase its rates, detailed in Exhibit C,pursuant to updates consistent with the 12-month annual Consumer Price Index, as set by the U.S. Bureau of Labor Statistics. Contractor may also increase rates consistent with wage rate increases noted in Exhibit C regarding DIR Prevailing Wage Determinations. Contractor agrees and understands that any increase to the total compensation amount, detailed in subsection (a), above, is subject to approval by the City Council of the City of Santa Ana. c. City agrees to compensate Contractor for any services provided for any of the new listed departments prior to the execution of this First Amendment. d. Payment by City shall be made within forty-five(45)days following receipt of proper invoice to the listed department evidencing work performed, subject to City accounting procedures. City and Consultant agree that all payments due and owing under this Agreement shall be made through Automated Clearing House(ACH)transfers. Consultant agrees to execute the City's standard ACH Vendor Payment Authorization and provide required documentation. Upon verification of the data provided,the City will be authorized to deposit payments directly into Consultant's account(s)with financial institutions. Payment need not be made for work which fails to meet the standards of perfonnance set forth in the Recitals which may reasonably be expected by City. 3. 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 o� ATTEST: - - CITY OF SANTA AN Jennifer L. 11 Alvaro Nunez City Manager APPROVED AS TO FORM CONTRACTOR S©NIA R. CARVALHO City Attorney Anthony J. digital€y signed by Anthony J.Amato Amato Date:202M4.2215:26:23 By: t Amato 1 -07'00 Kyle 7 lesen By: Anthony J.Amato Assistant City Attorney Title:Sr. Director, Legal RECOMMENDED FOR APPROVAL Digitally signed by Nabil Saba Dabil5aba Date:2025.04.23 08:39:38-07'00' Nabil Saba,PE Executive Director, Public Works Agency AWPINCO-01 EMCGAUGHEY ,4�o►e[� CERTIFICATE OF LIABILITY INSURANCE DATE 1211 9/20MID 24 ] 12l19l2024 THIS CERTIFICATE 1S 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 NAME: _ Schauer Group, Inc. PHONE,Ext};(330)453-7721 {A1�C,Nol:(330)453-4911 200 Market Ave.N — Suite 100 E-MAIL E-MAILADDRESS:insure@schauergroup.com Canton,OH 44702 INSURER(5)AFFORDING COVERAGE NAIC# INSURER A:Continental Casualty CNA 20443 INSURED INSURER B:American Casualty Company of Reading PA 120427 Statewide Traffic Safety&Signs, Inc.dba Statewide Safety INSURER C:Landmark American Insurance 33138 Systems -- — 522 Lindon Lane INSURER D: Niporno,CA 93444 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 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 TYPE OF INSURANCE AD SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTRIN D MM D❑ A X I COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 CLAIMS-MADE Flvl X OCCUR 7063813872 11112025 111/2026 DAMAGE TO RENTED 1,000,000 X PREMISES Ea occurr n e $ 10,000 MED EX.P An person)erson $ PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 4,000,000 POLICY Fx_1 JECT LOC PRODUCTS-COMPIOPAGG $ 4,000,000 OTHER: $ A COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY Ea accident $ 2,000,000 X ANY AUTO X X 7063823186 111/2025 111/2026 BODILY INJURY Per erson $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ X HIRED Ix NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ A X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 10,000,000 EXCESS LIAR CLAIMS-MADE X X 7063731480 111/2025 1/1/2026 AGGREGATE $ 10,000,000 DED RETENTION$ $ B WORKERS COMPENSATION X I PER OTT- STATUTE ER AND EMPLOYERS'LIABILITYYIN 7063820711 111/2025 111/2026 1,000,000 ANY PROPRIETOPJPARTNER/EXECUTIVE [_N] N 1.A X E.L.EACH ACCIDENT $ OFFICFRlMEMBER EXCLUDED? I �� I (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE{ $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Professional Liabili �LHC863446 111/2025 1/1/2026 Each Claim 2,000,000 C Pollution Liability LHC863446 11112025 111/2026 Limit 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Workers Comp Policy#7063820711 is for AL,CO,CT,DC,FL,GA,HI,ID,IN,KY,LA,MD,MI,MS,NV,NJ,NM,NY,NC,OK,PA,SC,TN,TX,UT,VA,WV;AZ,MA, OR,VT,WI Policy#WC 7 63820465;CA Policy 97 63819574,ND,OH,WA,WY Stop Gap Policy#7063813905 Re:Professional traffic control services The City of Santa Ana,its officers,employees,agents,volunteers and representatives islare included as additional insured where required by written contract with respect to general liability and auto liability.This insurance is primary and non-contributory over all other insurance where required by written contract. Waiver of subrogation is applicable where required by written contract and subject to policy terms and conditions.Umbrella is follow form of primary,subject SEE ATTACHED ACORD 101 CERTIFICATE HOLDER CANCELLATION =- SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN y ACCORDANCE WITH THE POLICY PROVISIONS. Risk Management Division,4th Floor 20 Civic Center Plaza Santa Ana,CA 92702 AUTHORIZED REPRESENTATIVE ACORD 25(2016103) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD