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Home My WebLink AboutCLR DESIGN (4)A-2018-017 7 3 o THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16, 2018 by c, 'Col', = and between CLR Design ('Consultant'), and the City of Santa Ana, a charter 'clty and municipal W L ;' L corporation organized and existing under the Constitution and laws of the State of California C'City"). p, Vv".uiXQ) A, The parties entered into Agreement No, A-2016-377, dated December 21, 2016 CAgreement'% by L. f, ?— which Consultant agreed to provide services in the field of zoological design, B, The parties entered into First Amendment No. 2016.377-01, dated May 4, 2017, by which the Agreement was amended to provide additional compensation for services performed by Consultant so that the not-to-oxceod amount payable to Consultant was increased to $345,065. C, The Agreement remains in effect through December 20, 2018, with provision for extension, and the parties now wish to amond the Agreement by expanding the scope of services and providing additional compensation for such services. The parties therefore agree: 1. Section 1, Scope of Services, is amended to include the additional services described in Exhibit A. 2. Section 2, Compensation, is amended to include an additional $134,760 for the services described in Exhibit A. 3. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement remain unchanged and in full force and effect. IN WrMSS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement the date and year first written above. ATTEST MARIA D, R TZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVAI..HO, City Attorney By:i )OI FUNK Assis ant City Attorney ENA FOR PROVAL Fred Mousavipour, Ekeoutivc Director Public Works Agency CITY OF SANTA ANA RA D1NEZ II City Manager CONSULTANT Page 1 of I iC1at �afrlavCtr%Z� GGIz— THIS SECOND AMENDMENT to the above -referenced agreement is entered into on January 16, 2018 by and between CLR Design ("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-2016-377, dated December 21, 2016 C Agroement'7, by which Consultant agreed to provide services in the field of zoological design. B. The parties entered into First Amendment No, 2016.377.01, dated May 4, 2017, by which the Agreement was amended to provide additional compensation for services performed by Consultant so that the not -to -exceed amount payable to Consultant was increased to $345,065. C, The Agreement remains in effect through December 20, 2018, with provision for extension, and the parties now wish to amend the Agreement by expanding thu scope of services and providing additional compensation for such services, The parties therefore agree.- 1. gree:1. Section 1, Scope of Services, is amended to include the additional services described in Exhibit A. 2. Section 2, Compensation, is amended to include an additional $134,760 for the services described in Exhibit A. 3. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement remain unchanged and in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement the date and year first written above. ATTEST MARIA D, HUIZAR Clerk of the Council APPROVED AS TO FORM SONIA R. CARVALHO, City Attorney BY: 'fi JOI FUNK Assis ant City Attorney RECOMMENDED FOR APPROVAL Fred Mousavipour, Executive Director Public Works Agency CITY OF SANTA ARTA RAUL OODINEZ 11 City Manager CONSULTANT /Name; (ob i✓ Lcc(C6-T%F%Z Title: �r�/<- Page 1 of 1 OP ID: LP AOC" R" CERTIFICATE OF LIABILITY INSURANCE OAT7/181DIY7 0 711 812 0 1 7 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING WSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s), PRODUCER Wortley/Poole Professional,Ltd 1 Penn Center 1617 JFK Boulevard, Suite 880 Philadelphia, PA 19103 Paul J. Luccl CONTACT Paul Lucci PHONE FAx No Exn; 215.564.6971 wc.Na: 215.564-6975 EMAIL PRDR5ss plucci@wortleypoole.com cut ER ID n: CLRDE-1 INSURER(S) AFFORDING COVERAGE NAIC ffi - INSURED CLR Design, Inc 833 Chestnut Street,Suite 1000 Philadelphia, PA 19107 INSURER A: Charter Oak Firs the Co. 25615 INSURER B:Travelers Indemnity Co. ,2565$ In INSURERS: sIndemnityCo. _ '25671 XL Incurs INSURER D; XL 6peclalty Insurance Company 5 3-7$$5 $ 11066,600 _ INSURER E: X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ®OCCUR INSURER F; COVERAGES CERTIFICATE NUMBER: Rc$nelnM Nu lenlacc. 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 ADOLSBR WVD POLICYNUMBER POLICY EFF MMIDDrflY POLICY EXP, MMIDD,YYYYLIMITS - GENERAL LIABILITY EACH OCCURRENCE $ 11066,600 A X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ®OCCUR X 680.2J979064 07/11/2017 07/1112018 pREMISEG Eaoccurrenco $ 1,000,000 MED EXP (Any one person) $ 10100 PERSONAL B ADV INJURY $ 1,000,06 _ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG $ 2,000,000 POLICY PRO LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT (Ea accident) $ 1,600,066 ANYAUTO BODILY INJURY (Par person) $ B ALL OWNED AUTOS SCHEDULED AUTOS �HIRED AUTOS BA-2728L15A 0711112017 07/11/2616 BODILY INJURY (Per accident) $ PROPERTE (PER ACCIDENT)IDENT) $ X NON-OWNEDAUTOS $ $ UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 5,000,060 AGGREGATE $ 5,000,000 B EXCESS LI AB CLAIMS -MADE CUP -6736Y412 07/11/2017 07!9112018 DEDUCTIBLE $ $ RETENTION $ C WORKERS COMPENSATION ANO EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED4 � NIA UB7302Y24A 0711112017 07111/2018 WC STATU- OTH- X TO YJ,LMITS _�E E.L. EACIFI ACCIDENT _ $ 1,000,000 E.L. DISEASE - EA EMPLOYE __— $ 1,000,000 (MandatoryInNH) der DESCRIPTION describe OP OPERATIONS below E.L. DISEASE -POLICY LIMIT $ 1,060,000 D Professional DPR9915991 07/11120171 0711112018 Ea Claim 2,000,000 Liability Am. Agy 2,606,"uu6 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) RE: Agreement # A-2016.377 --__ __.__, LREVIF..VJF„D UY�` Et1NiCE 11EREDIFl (PGP ()F 6�� City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702-1988 ACORD 25 (2009/09) SANTA -3 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 4 NI” The ACORD name and logo are registered marks of ACORD All rinhl5 rpRPNOA COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a "contract or agreement requiring insurance" to in- clude as an additional Insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "you)' work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury', "property damage" or "personal injury' for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured Is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- age as an additional insured specificaliv is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that 'contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a'contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this Insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other Insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us In COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV); We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury', "property damage" or "personal injury' arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily EUNICE I-IE,RE71A CG D3 81 09 07 @2007 The Travelers companies, Inc. Page 1 of 2 COMMERCIAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to Include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; Id. While that part of the contract or agreement is in effect; and c. Before the end of the policy period kil_viEWEn i3 r.. " EUNICE NE.REDIA (P;