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HomeMy WebLinkAboutTE ROBERTS, INC.9p A-2020-243-03 ti� I 1* 0,- V W CUYI �II�) VA THIS SECOND AMENDMENT to the above -referenced agreement is entered into on December I, 2020, by and between T.E. Roberts, Inc. ("Contractor"), and the Citv 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-2019-142-03, dated August 20, 2019, by which Contractor agreed to provide on -call emergency water and sewer system repair services for the City's Public Works Agency (`Agreement'). The terns of the Agreement is for three years, and the Agreement remains in effect through August 19, 2022, with provision for extension. B. On May 5, 2020, the parties entered into First Amendment to Agreement No. A-2020-091-03 to increase the shared aggregate amount to be expended under the Agreement and the two related agreements for the same services. C. The parties now wish to amend the Agreement to further increase the shared aggregate amount to be expended under the Agreement and two related agreements The Parties therefore agree: 1, Section 2.a, Compensation. is amended to read in its entirety: "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 B. Contractor is one of three contractors selected to provide services on an as -needed basis under RFP No. 19-032. The annual compensation for services provided by all contractors selected under RFP No. 19-032 shall not exceed the shared aggregate amount of $1,200,000 during the term of this agreement, including any extension periods." 2. Except as modified by this Second Amendment, and all prior amendments, all terms and conditions of the Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to the Agreement on the date and year first written above, a aisy Gomez y •of the Council CITY OF SANTA ANA Kristine Ridge City Manager Page I of 2 A-2020-243-03 APPROVED AS TO FORM Sonia R. Carvalho City Attorney By. �g, ohn M.Funk Senior Assistant City Attorney FOR APPROVAL V III-f-I � v Nabil Saba Executive Director Public Works Agency Page 2 of T.E. ROBERTS, INC. \ C lL Name:'t 7k.3E41-1151 Title: rh-2 &S., bc--�, Francine R, neuurae�m Mr„nw.n Villareal w��inm.,uzn,zao.aeoroa TEROBERT-0 KSHIPPEY ,4� O CERTIFICATE OF LIABILITY INSURANCE DATE 123/2020 1o/z3/zozo 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 BYTHEPOLICIES 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 License # 0757776 Newport Beach, CA - HUB International Insurance Services Inc. 4695 MacArthur Court Suite 600 CONTAAMC:CT PHONE FAX (AlQ No, Exl: (949) 623-3980 AIC, No):(949) 891-0407 AEjjj�S . Newport Beach, CA 92660 INSURERS AFFORDING COVERAGE NAIL# INSURER A: Executive Risk Indemnity 35181 INSURED INSURER a: Federal Insurance Company 20281 INSURER c: Travelers Property Casualty Company of America 25674 T.E. Roberts, Inc. INSURER D: 306 W. Katella Ave Unit B Orange, CA 92867 INSURER E : INSURER F : COVERAGES CFRTIFICATF NIIMRFR• 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 CONTRACTOR 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. ILT R TYPE OF INSURANCE INSD MD POLICY NUMBER POLOICOY EFF POLICY EXP LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR X 54310281 911/2020 9111202, EACHOCCURRENCE $ 1,000,000 DAMAGE RENTEDncom PREMaMED $ 100,000 EXP (Any oneperson) $ 5,000 PERSONAL S ADV INJURY 1,000,000 AGGREGATE LIMIT APPLIES PER: POLICY YEo LOC GENERAL AGGREGATE 2,000,000 GEN'L PRODUCTS - COMP/OP AGG 2,000,000 OTHER: B AUTOMOBILE X LIABILITY ANYAUTO OWNED SCHEDULED OWNER ONLY AUTOS 54310280 911/2020 9/112021 COMBINED SINGLE LIMIT BODILY INJURY lPerperson) $ 1,000,000 $ BODILY INJURY Per accident $ PeOaw tle t AMAGE $ pp AUTOS ONLY POMP $ C X UMBRELLALIAB EXCESS LIAB X OCCUR CLAIMS -MADE ZUP-91NO3112.20-NF 9/1/2020 9/1/2021 EACH OCCURRENCE $ 10,000,000 AGGREGATE 10,000,000 DED X RETENTION$ 10,000 B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANY PRRRO//MEMBW, EXCLUDED? `Maud 0 In NER EXDLDDED4 M� If yes, describe under DESCRIPTION OF OPERATIONS below NIA 54310282 9/112020 91112021 1C PER OTH- ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 EL DISEASE -POLICY LIMIT 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Re: Emergency Sewer and Water System Repair Services. The City of Santa Ana, Its officers, employees, agents, and representatives are included as additional insured as respects general liability, as required by written contract, and is primary and non-contributory, subject to the terms and conditions of the policy and attached forms. Separation of Insureds applies. 30 day notice of cancellation, except 10 days for non-payment. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Santa Ana THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza Santa Ana, CA 92701 AUTHORIZED REPRESENTATIVE eMan� WekMnnagenv¢nEOMislgn �A� a a. I . REVIEWED&APPROVBDBY: ACORD 25 (2016103) ©1988.2015 ACORD C 9on F l fwlA +a R' v` " The ACORD name and logo are registered marks of ACORD ! RBk Management Analyse POLICY NUMBER: 54310281 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations WHERE REQUIRED BY WRITTEN CONTRACT, BUT ONLY WHEN THE CONTRACT SPECIFIES COVERAGE FOR COMPLETED OPERATIONS ALL LOCATIONS WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the 'products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section 111— Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. CG 20 37 0413 © Insurance Services Office, Inc., 2012 -"�.,,ee RlekManageme�rtD[vlefon RenEWED & APPR,O/V,o) Sr. FMLp.rrehQ � V+�G[stAL `------"` Rnk Management Analyst on POLICY NUMBER: 54310281 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations WHERE REQUIRED BY EXECUTED WRITTEN ALL LOCATIONS WHERE REQUIRED BY CONTRACT. EXECUTED WRITTEN CONTRACT. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 04 13 © Insurance Services Office, Inc., 2012 " RiskMamgmedomsbn REVIEWED &ppAP+P+'RovED BV:. 8 � �� �AA7YeF-h& R• Y �� Risk ManagernentAnalyst C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2012 w ltiekMuugemenEDlvlet�n R NCREIAEWED 6 APPRovm By: ][i # F P, V RfskManagementAnlyst POLICY NUMBER: 54310281 COMMERCIAL GENERAL LIABILITY 10-02.2461 (Ed. 7-15) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY INSURANCE FOR SCHEDULED ADDITIONAL INSURED This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Additional Insured: Location Of Covered Operations: WHERE REQUIRED BY EXECUTED WRITTEN ALL LOCATIONS CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) With respect only to the Additional Insured and at the Location Of Covered Operations shown in the Schedule, the following is added to SECTION IV — COMMERCIAL GENERAL LIABILITY CONDITIONS, Paragraph 4. Other Insurance and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to the Additional Insured with respect to the Location Of Covered Operations shown in the Schedule under this policy provided that: (1) The Additional Insured is a named insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the Additional Insured. 10-02-2461 (Ed. 7-15) Includes copyrighted material of Insurance Services Office, Inc., with its permission. yvy� RieleMtDlWalnn -� REVIEWED&APPROVED BY: ��«kc4a.e �: 4�4Etan�,cL 00, Risk Management Analyst