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HomeMy WebLinkAboutWILLDAN HOMELAND SOLUTIONS 6B -2014INSURANCE- ON FII: WORK MAY PROCEED ITILINS ANC EXPIRE, /. CLERK OF COUNCIL. DATE: cl -16 SECOND AMENDMENT TO AGREEMENT A- 2014 -181 THIS SECOND AMENDMENT TO AGREEMENT is entered into on August 5, 2014, by and between Willdan Homeland Solutions, a California corporation ( "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 A. The parties entered into Agreement #A- 2012 -184, dated September 4, 2012, (hereinafter "said Agreement") by which Consultant has provided grant management services. B. hi accordance with the terms and conditions of said Agreement the parties entered into the First Amendment of the Agreement #A- 2013 -124 on August 5, 2013, wherein they agreed to increase the hourly pay rate to $53.70, increase total compensation to pay for services during the extended term for a total amount not to exceed $125,000, and exercise the first of two options to extend the term for an additional one -year period. C. hi accordance with the terms and conditions of said Agreement, the parties wish to enter into the Second Amendment of said Agreement, by amending the Compensation to increase the hourly pay rate to $56.39, increase total compensation to pay for services during the extended term for a total amount not to exceed $135,000, and to exercise the second of two options to extend the term for an additional one -year period 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 Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by a total amount not to exceed $135,000.00, to pay for grant management services provided during the one -year term commencing September 1, 2014. The hourly billing rate shall also be increased to $56.39, effective September 1, 2014. 2. Section 4, TERM, shall be amended to extend the term one -year, through August 31, 2015. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. /// IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: MARIA D. HWZAR Clerk of the Council SONIA R. CARVALHO City Attorney By: �aw"X, a, T r�� Laura Rossini Senior Assistant City Attorney CITY OF. ANTA ANA f J Uf DAVID CAVAZOS City Manager WILLDAN HOMELAND SOLUTIONS James E. Bailey President and CEO I CAT'F. (MMIpOnv'v Yl CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFATE -- IC IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON TH E CERTIFICATE HOLDER THIS CERTIFICATE UOPS NOT AFFIR.MAYIVFL.Y OR NEGAI "IVELY AMEND, EXTEND OR ALTER THE COVERAGE NG IN U BY THE POLICIES BELOW. THIS CERI'IFICATSi OF INSURANCE DOES NOT CONS1lTlIfE A CONTRACT BETWEEN THE ISSUING INSLIR ER(S), AUTHORIZED REPRE5I NTATIVE OR F'RO DU Ck`_R, ANO THE CEN'HFICATf HOLDER. _, . ._ `MPOR AUN �'��thu Iiuulolf Auch endoraum+uDD'TIONAL INSURED, Chu p,�feCy As) must Gnu- andorsmi ^If SUeROG0.to d IS WAIVED, r rightt to rho urrrns anA conditlona of B+n policy, c�+rtain pnlfcleN mey ruRuiru .nl endorsl.munt. A staPUrnont on this r ortifitwtu dour. not confer rights to the I nRaaJl cR FNAML .IS;t[1d 7hUtq — - PucwL Ar NeJ _ -- pe aley Renton 8 Associates ' tuc.xu xsu:1.14.42rSx81G . �_. t L —. P U Bo}; 10550 e.wAn , arrta Ann CA 927110550 3oopssn'hltluJRfSINSUR EiHa(.5)_LF FDNDINO - -- _ — CIIYFRACE t ! IN.: URFRA .('(CLYCl�($LLiJi7(:IZy -Scas lldlty i(Q S.f./ _F:6i4_.. j INSUrsEO -... NsuRER 1}IC:e1U11 ltlSSll'A'LOCE- GaDIAaDy -IGC.. _..._ -_ _._ __ f -- I IWilidan Homeland Solutions - 12401 E Katella AVenue, Sfe. 220 —.._- ,AnahelmCA92806 U INRUR N F _ .'�._ COVERAGES i CERTIFICATE NUMBER 2C17110855� ��- REVISION NUMBER f� IH15 5 TO i' k k 4 Y THAT CFI[ I OLICIEE' OF IM5lIRANCE LI i'E ❑ BELOw HAVE BEEN ISSUED TO IFiF INSt1RE'1 NAMFU ABOVE 1 t1K TNF POIIC TS-5p—( OU INDICAIE0 NUIYV11H4:TAND NG ANY Fi6l ?UIREMENI TERM JI CONDITION OF ANY CONTRACT UR OTHER DOCUMENT WITH RhSPE(.T IO VIA IICH IHI5 CERTIFICATE MAY BL ISSULD OR MAY 4 RAIN THL INSURANCE AFFORDLD Ely THE POI IOILS OESLI \IBFD HEREIN IS SURJr(m I'0 ALL IIRF ' @iMS EACI US,IONfS AN J CON DI IIONS OF SUCH I OLICI FS. LIMITS SrOWN MAY i AVE BEEN RE DI)—ED BY PAID CLAIMS _ _ �. _.jA6 yuVll <_!OLN:Y NiJMHFR MiptlrY MtiDrrvv'Y1 I LIMITS vFF% Iks --- Tyr-ION, i A GENERAL LAN NY y -- i _ { �3Di l5$P020 1 '9h7.01:+ h 1f91701A rAI N (H U RLN f Si (Nt0 600 _ II It AQA7`7'Z.1F.FTP6 51 OW O(7 Y c, MMLR AI ( M FlAL LARII ITV I4 Ml Zit P4Lx6�.'1G't - -- 1 C NN MADE X I GC ;I IR M Lxr• (A Y nna Ywnanl S16 (WO _ x'CtY048rR RI fERSt NAI N ArVNlll+ ebt OMl(Ille _. _ -- x� A HFPD U i LC Lh[RAJ _GiRfbnT[ 8C`1 Dec OlN7 M - FR DIIL' dI NF JF AbC 5., 00000[_- _ CFN.A( $fIE vAYE F,, A"" Ir PFP S LIVP �. �;o P). '.r A AITOMOWLE LIARIL LTT.7,41IT`_ Ix B1011SHV(1211 ItPM2010 1lor' ?01-0 aatf AO+ )"Coo 00D._ �- ( i ANY A1T0 R J4 IN Rl (P9 Pw 1 it } r �AIJ'05 L AUTOa 1 - RCO( Y INJURV(PNf Ut ac'h� S ._ ^-r! t _ 1 1 hf1DPf 6. 'L— 5 40N!)NMED 1Va ecC tl¢ i - - -. ALL G'WtiLp Sf,YIE"iV.F. I--- I Nt'F'l'�t)y'IIY A,tn t(� c)i,,p�l �- J HIRED U1TOS h y AUTOb II 5 UMBI I CESSLAaAR AMS -MADEI �~ I IIllf�,e .. /.(. ANI) EMPLQYGRs lPG14 i I YIN I ANY PROPRIETVRIFARTNERTXECL'TIVE ' OnRn.ERW DER EXCLIJOEDY �N_ IN7 pr6fe5f1on8l LlablIT, Cram. Mae. :19 /; 013 11 *201 A $1 000 000 $2000000 ION OF OpERATIOPo51 LOCATIONS I VEHICLES (MtncE ACORO 909, Aemllonel Ramada "SCnreob, IB more nnace le reRV m Liability policy excludes claims arising out of the performance of professional services. dent Contractors are included as respects to General Liability. NOCl1 C Pay for Non Pay of Prom It. -year training and exercise plan (MTEP) City of Santa Ana, its officers, employees . agents volunteers and representatives are at Insured as respects to General Liability as required by written contract, Primary and Nnm Contributing Coverage, Crass Liability le applies to GL as required by written contract. (WHS) Cady of Santa Ana At, ' Clerk of the City Council 20 Civic Center Plaza(M -00) I P(> Box 1988 Santa Ana CA 92702 SHOW,, ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. )3k c l -�— 0 19883010 AC( ACORD 25 (2010105) The ACORO name and logo are registered marks of ACORD rights reserved. COMMERCIAL GENERAL LIABILITY 6301158PO20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PARK 1. The following is added to SECTION II - WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage Part, but: a. Only with respect to liability for "bodily injury", "property damage' or "personal injury": and b. 11., and only to the extent that, the injury or damage is caused by Rots 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 riot qualify as an additional insured with respect to the independent acts or omissions of such person or organization. The insurance provided to such additional insured is limited as follows'. ,. In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the Ilmhs 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 required by that "written contract requiring insurance This endorsement shall not increase the limits of insurance described in Section III - Limits Oflnsurance. d. This insurance does not apply to the render - inc of or failure to render any "professional services" or construction management errors or ornissions. e. This insurance does not apply to "bodily in- j.iry" or 'property damage" caused by "your work" and included In the "producls- completed operations hazard" unless the - written contract requlnng Insurance" spooif- Cary requires yoo to provide such coverage for that additional insured, and then the incur ante provided to the addilional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring 'insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier 2. The following is added to Paragraph 4.a. of SEC- TION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. The insurance provided to the additional insured 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 for a loss we cover. However, if you specifically agree in the "written contract requiring Insurance" that this insurance provided to the ad- ditional insured under this Coverage part must apply on a primary basis or a primary and non- contributory basis this insurance is primary to "other insurance" available to :he additional in- sured which covers that person or organization as a named insured for such loss• and we will not share with that "other insurance" But this insur. ance provided to the additional Insured still is ex- cess over any valid and collectible 'other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional Insured when that person or organiza ".ion is an additional insured under any "other insurance" 3. The following is added to SECTION IV - COM- MERCIAL GENERAL LIABILITY CONDITIONS' Duties Of An Additional Insured As a condition of coverage prof ;ded to the addi- tional insured: a. The addlonsl Insured must give us written notice as soon as prac'Jcable of an "occur- rence'• or an ottense which may result in a claim. To the extent possible, such notice shou�d include. CG D4 14 04 08 Cc) 2ooB -re Traverers Gam;a^ es.: x Page 1 of 2 COMMERCIAL GENERAL LIABILITY I. Now, when and where the "occurrence' or offense took place; 11. The names and addresses of any ir$ired persons and witnesses; and III. The nature and location of any injury or damage arising out of the "occurrence- or offense. b. if a c'aim 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 it. Notify us as soon as practicable. The additional insured must see to it that the receive written notice of the claim or "suit" as soon as oracticable c. The additional insured must immediately send us copies of all legal papers received in can - nection with the claim or "suit ", cooperate with us in the Investigation or settlement of the claim or defense against the "suit ", and oth- e ^,vise comply with all policy conditions. d. The additional insured must tender the de- ferse and indemnity of any clairn or "suit" to any provider of other insurance which would cover the additional insured for a loss we cover- However. this condition does not affect whether this insurance provided to the add- tional insured is primary to that other ins..v- ance available to the additional rnsurec which covers that person or organization as a named insured. 4. The following is added to the DEFINITIONS Sec- tion. "Written contract requiring insurance" means that par of any written contract or agreement under which you are required to include a Gerson or or, ganizalion as an additional insurod on this Cover- age Part, provided that the "badly injury' and "property damage" occurs and the "personal in- jury' is caused by an offense committed a. After the signing and execution of the contract or agreement by you; b, '"Virile that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 02000 Tile 7rrivetyr> C «npxrr -s, ilc. CG D4 14 04 08 ACORbP CERTIFICATE OF LIABILITY INSURANCE DATE (MMI °° YYY) 10/29/2014 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 CNAME: OT C PHONE aC No E.n 714 427-681 Dealey, Renton & Associates P. 0. Box 10550 Santa Ana CA 92711 -0550 EMAIL DDR AESS: in r om INSURER(S) AFFORDING COVERAGE NAILIf 3301158PO20 INSURER A:Travelers Property aS alt 1/912015 EACH OCCURRENCE INSURED INSURER B:QQtl n Insurance Company, Inc, X COMMERCIAL GENERAL LIABILITY INSURER C:Charter Oak Fire Insurance Company 5 Wllldan Homeland Solutions INSURER D: 2401 E. Katella Avenue, Ste. 220 Anaheim CA 92806 $1,000,000 CLAIMS -MADE OCCUR INSURER 9: ��p9r[" INSURER F: COVERAGES CERTIFICATE NUMBER: 2084374271 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. ILTR TYPE OF INSURANCE ADDLSUBR INSR WVD POLICY NUMBER POLICY EFF MMIOD/9YYY POLICY EXP MMIDDIYYVY LIMITS A GENERAL LIABILITY Y 3301158PO20 11/912014 1/912015 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $1,000,000 CLAIMS -MADE OCCUR ��p9r[" %JfI MED EXP(Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 X Contractual (( —� \t1 �(�g��tt t Y \40/ [. B X BFPD,XCU GENERAL AGGREGATE $2,000,000 /q� {p "'�' —p �Y GEN'LAGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGO $2,000,000 $ POLICY X PRO- LOC 111 i bbb A AUTOMOBILE LIABILITY 8101158P020 11/9/2014 1/912015 Ea awlldenl 1000000 BODILY INJURY (Per person) $ X ANYAUTO BODILY INJURY (Per accident) $ ALL OWNED SCHEDULED AUTOS PROPERTY DAMAGE Peraccldent $ X N N�OWNED HIRED AUTOS X AUTOS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DED RETENTION$ $ IS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY OFFICEOPRIETEREXCLNFPJE ECUTIVE� N/A UB7D417816 11/912014 1/9/2015 X WC STATU- OTH- OR LIMITS OF E. L. EACH ACCIDENT $1,000,0Q0 (Mandatory In NH) E.L. DISEASE - EA EMPLOYE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 Professional Liability Clalms Made AED977441 116 11/9/2014 119/2015 Per Claim n $1,000,000 Annual Aggregatn.� $0,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) �� y y! General Liability policy excludes claims arising out of the performance of professional services. 1 % Independent Contractors are included as respects to General Liability. rn 30 Day NOC /10 Day for NonPay of Prom -}' City of Santa Ana, its officers, employees, agents, volunteers and representatives are additional insured as respectsc i to General Liability as required by written contract. Primary and Non- Contributing coverage, Cross Liability :, coverage applies to GL as required by written contract. (WHS) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City Of Santa Ana ACCORDANCE WITH THE POLICY PROVISIONS. Attn: Clerk of the City Council 20 CIVIC Center Plaza(M -30) / PO BOX 1988 AUTHORIZED REPRESENTATIVE Santa Ana CA 92702 j �Tkalp All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD COMMERCIAL GENERAL LIABILITY 6301158PO20 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WRITTEN CONTRACTS (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. The following Is added to SECTION II —WHO IS AN INSURED: Any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Coverage 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. The insurance provided to such additional insured is limited as follows, c. 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 required by that "written contract requiring Insurance ". This endorsement shall not increase the limits of insurance described in Section 111 — Limits Of Insurance. d. This insurance does not apply to the render- ing of or failure to render any "professional services" or construction management errors or omissions. a. This insurance does not apply to "bodily in- jury" or "property damage" caused by "your work" and included in the "products - completed operations hazard" unless the "written contract requiring insurance" specifi- cally requires you to provide such coverage for that additional insured, and then the iMlr- ance provided to the additional insured ap- plies only to such "bodily injury" or "property damage" that occurs before the end of the pe- riod of time for which the "written contract re- quiring insurance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 2. The following is added to Paragraph 4.a. of SEC- TION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS. The insurance provided to the additional Insured 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 for a loss we cover. However, if you specifically agree in the "written contract requiring insurance" that this Insurance provided to the ad- ditional insured under this Coverage Part must apply on a primary basis or a primary and non- contributory basis. this Insurance Is primary to "other insurance" available to :he additional in- sured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance ". But this insur- ance provided to the addition @! insured still is ex- cess over any valid and collectible "other insur- ance", whether primary, excess, contingent or on any other basis, that is available to the additional insured when that person or organization Is an additional insured under any "other insurance ". 3. The following Is added to SECTION IV — COM- MERCIAL GENERAL LIABILITY CONDITIONS: Duties Of An Additional Insured As a condition of coverage provided to the aft, tional insured: a. The additional insured must give us written notice as soon as practicable of an "eccur- rance" or an offense which may result in a claim. To the extent possible, such notice should include: CG D4 14 04 08 © 2008 'he Travelers Corrpan'es, Inc. P�viEw $I Page 1 of 2 COMMERCIAL GENERAL LIABILITY i. How, when and where the 'occurrence" or offense took place; IL The names and addresses of any injured persons and witnesses; and Ill. 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 fl. 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, any provider of other Insurance which would cover the additional insured for a loss we cover, However, this condition does not affect whether this Insurance provided to the addi- tional insured Is primary to that other insur- ance available to the additional insured which covers that person or organization as a named insured, 4. The following is added to the DEFINITIONS Sec - tlon: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to Include a person or or- ganization as an additional insured on this Cover- age Part, provided that the "bodily injury" and "property damage" occurs and the "personal In- jury' is caused by an offense committed: c. The additional insured must immediately send a. After the signing and execution of the contract us copies of all legal papers received In con- or agreement by you; nection with the claim or "suit', cooperate with b. While that part of the contract or agreement Is us In the investigation or settlement of the in effect; and claim or defense against the "suit', and oth- erwise comply with all policy conditions. c. Before the end of the policy period, d. The additional insured must tender the de- fense and indemnity of any claim or "suit" to Page 2 of 2 n 2008 The Travelers Companies, Inc. B`I CG D4 14 04 08 pGJ-� � ,