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HomeMy WebLinkAboutCAP ARCHITECTURE, INC. (2)INSURANCE ON FILE 1PORK MAY PROCE-d UN11L INSURANCE EXPIRES SEP 2 7 2021® .Q) CLERK OF COUNI,L DATE: T AGREEMENT A-2021-177-09 AND THIS FIRST AMENDMENT to the above -referenced agreement is entered into on September 7, 2021 by and between CAP Architecture Inc., 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. The parties entered into Agreement No. A-2020-230-09, dated November 17, 2020, by which Consultant agreed to provide on call space planning and architectural consulting services for the City's Public Works Agency ("Agreement"). B. There were ten separate Consultants awarded agreements for on call space planning and architectural consulting services and compensation for any services used pursuant to these agreements comes from a shared pool of funds authorized to pay for such services. C. The parties now wish to extend the Agreement to add additional funds to the pool of funds available for the on call services. The Parties therefore agree: Section 2, Compensation, subsection a, is amended to increase the compensation from three hundred thousand dollars and zero cents ($300,000) to one million, three hundred thousand dollars and zero cents ($1,300,000) for the remaining term of the Agreement including any optional extensions. 2. 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 above. ATTEST CITY OF SANTA ANA a2l�zu(v l,L Gomez Kristine Ridge of the Council City Manager [Signatures continue on the next page] Page I of 2 APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: Lmmat- A Rem Laura A. Rossini Chief Assistant City Attorney RECOMMENDED FOR APPROVAL Nabil Saba Executive Director Public Works Agency CONSULTANT v " V Name: Catherine Peppard, Title: CEO Page 2 of 2 Tori Pierson o� zonue.tla ion:807DV ,acoRO CERTIFICATE OF LIABILITY INSURANCE DATE IMMIDDA I 1 08/12/2021 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 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 CONTA T Ashley Greenberg Cornerstone Specialty Insurance Services, Inc. PHONE (714) 731-7700 FAX (714) 731-7750 EANo Ext : 14252 Culver Drive, A299 Ashley@cornerstonespecialty.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INine CA 92604 INSURERA: Continental Casualty Company 20443 INSURED INSURER a : American Cas.Co. of Reading PA CAP Architecture INSURER C: RLI Insurance Company 13056 8700 Warner Avenue INSURER D: Suite 280 INSURER E: Fountain Valley CA 92708 INSURER F: GUVCRAGES CERTIFICATE NIIMRFR• zIIZZ CUVtRAGES uevrevau u, umvo. THIS IS TO CERTIFY THATTHE 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 MAYBE 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 LTR TYPE OF INSURANCE IN O MD POLICY NUMBER MMIDIOIYYYY MMNO�Y LIMITS X COMMERCIAL GENERALLIABILITY EACH OCCURRENCE $ 2,000.000 CLAIMS � -MADE OCCUR PREMISES Ea omuneres S 1.000,000 X VIED EXP (An one person) Is 10,000 ADDT'L INSURED / PRIMARY A Y 5094175320 05/18/2021 05/18/2022 X BLNKT WVR OF SUBRO PERSONAL GADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE S 4,000,000 POLICY JECOT LOC PRODUCTS -COMPIOPAGG $ 4,000,000 $ OTHER: LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO AOWNED SCHEDULED AUTOS ONLY AUTOS 5094175320 O5/18I2021 05/18/2022 POMOBILE BODILY INJURY Per accident ( ) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 1,OK000 A EXCESS LIAB CLAIMS -MADE 5094854763 05/18/2021 05/18/2022 AGGREGATE $ DED RETENTION S $ WORKERS COMPENSATION AND EMPLOYERS' _ X STATUTE I ERH LIABILITY YIN E.L. EACH ACCIDENT $ 1,000,000 B ANY PROPRIETORIPARTNENEXECUTIVE OFFICER/MEMBER EXCLUDED? NIA 5094854715 05/18/2021 05/18/2022 (Mandatory in NH) E.L. DISEASE - EA EMPLOYEE S 1,000,000 dyes, describe under E.L. DISEASE -POLICY LIMIT $ 1,000.000 DESCRIPTION OF OPERATIONS below Professional Liability Each Claim: $1,000,000 C Claims Made RDPOM369 05/18/2021 05/18/2022 Annual Aggregate: $2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) RE: Agreement No. A-2020-230-09 The City of Santa Ana, its officers, employees, agents, volunteers and representatives are named Additional Insured for General Liability but only if required by written contract with the Named Insured prior to an occurrence and as per attached endorsement. Coverage is subject to all policy terms and conditions. *30 days notice of cancellation, except for 10 days notice for non-payment of premium. For Professional Liability coverage, the aggregate limit is the total insurance available far all covered claims reported within the policy period. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Santa Ana Risk Management Division ACCORDANCE WITH THE POLICY PROVISIONS. 20 Civic Center Plaza, 4th FI AUTHORIZED REPRESENTATIVE ryilt Ml%assad D. Santa Ana CA 92702 '7eu pic:uon n 19AA.2015 ACfTRD � RakMarwJenerrt OavalAde IIIv ACORD 25 (2076I03) The ACORD name and logo are registered marks of ACORD C/VA INSURED: CAP Architecture POLICY PERIOD: 05/18/2021 - 05/18/2022 POLICY NUMBER: 5094175320 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED WITH PRODUCTS -COMPLETED OPERATIONS COVERAGE AND BLANKET WAIVER OF SUBROGATION / AGGREGATE LIMIT (PER PROJECT) This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COMMON POLICY CONDITIONS Blanket Additional Insured with Products -Completed Operations Coverage and Blanket Waiver of Subrogation A. Who Is An Insured is amended to include as an insured, any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement, but the written contract or written agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the: a. "Bodily injury" or "property damage" or b. Offense that caused the "personal and advertising injury;" for which the additional insured seeks coverage. B. The insurance provided to the additional insured is limited as follows: 1. That person or organization is an additional insured only with respect to such person or organization's liability for: a. "Bodily injury", "property damage" or "personal and advertising injury to the extent caused by: (1) Your acts or omissions; or (2) Acts or omissions of those acting on your behalf; in the performance of your ongoing operations specified in the written contract; or b. "Bodily injury" or "property damage" to the extent caused by "your work" specified in the written contract or written agreement and included in the "products -completed operations hazard", but only if: (1) The written contract or written agreement requires you to provide the additional insured such coverage; and (2) This Coverage Part provides such coverage. 2. The Limits of Insurance applicable to the additional insured are those specified in the written contract or written agreement or in the Declarations of this policy, whichever is less. These limits of Insurance are inclusive of, and not in addition to, the Limits of Insurance shown in the Declarations. 3. The insurance provided to the additional insured does not apply to "bodily injury," "property damage," "personal and advertising injury" arising out of an architect's, engineer's, or survevor's renderinq of or failure to render any professional services including: SB300176D17 (6-16)� Page 1 of 3 R ri�f ' 7ou ion 00 Copyright, CNA All Rights Reserved. OVA a. The preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications by any architect, engineer or surveyor performing services on a project of which you serve as a construction manager; or b. Inspection, supervision, quality control, engineering or architectural services done by you on a project of which you serve as construction manager. 4. This insurance provided to the additional insured does not apply to "bodily injury," "property damage," or "personal and advertising injury" arising out of construction or demolition work while you are acting as a construction or demolition contractor. C. With respect only to the insurance provided by this endorsement, the condition entitled Other Insurance of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraphs 2. and 3., and replace them with the following: 2. This insurance is excess over any other insurance available to the additional insured, whether primary, excess, contingent or on any other basis. But if required by the written contract or written agreement, this insurance will be primary and noncontributory relative to insurance on which the additional insured is a Named Insured. 3. When this insurance is excess, we will have no duty under Business Liability insurance to defend the additional insured against any "suit" if any other insurer has a duty to defend the additional insured against that "suit" if no other insurer defends, we will undertake to do so, but we will be entitled to the additional insured's rights against all those other insurers. When this insurance is excess over other insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of: (a) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (b) The total of all deductible and self -insured amounts under all that other insurance. We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage Part. D. Additional Insured — Extended Coverage When an additional insured is added by this or any other endorsement attached to this Coverage Part, Who Is An Insured is amended to make the following natural persons insureds. If the additional insured is: a. An individual, then his or her spouse is an insured; b. A partnership or joint venture, then its partners, members and their spouses are insureds; c. A limited liability company, then its members and managers are insureds; or d. An organization other than a partnership, joint venture or limited liability company, then its executive officers, directors and shareholders are additional insureds; but only with respect to locations and operations covered by the additional insured endorsement's provisions, and only with respect to their respective roles within their organizations. Please see the Estates, Legal Representatives and Spouses provision of this endorsement for additional coverage and restrictions applicable to spouses of natural person insureds. E. Blanket Waiver of Subrogation The condition entitled Transfer of Rights of Recovery Against Others To Us of the BUSINESSOWNERS COMMON POLICY CONDITIONS is amended to delete paragraph 2. and replace it with the following: 2. We waive any right of recovery we may have against any person or organization against whom you have agreed to waive such right of recovery in a written contract or agreement because of payments we make S133001761317 (6-16) Page 2 of 3 %au Pxc -a Copyright, CNA All Rights Reserved. CHA for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included within the "products -completed operations hazard." 2. Amendment- Aggregate Limits of Insurance (Per Project) A. For all sums which the insured becomes legally obligated to pay as damages caused by "occurrences" under Coverage A.1., and for all medical expenses caused by accidents under Coverage A.2., which can be attributed only to ongoing operations at a single construction project: 1. A separate Construction Project General Aggregate limit applies to each construction project. The Construction Project General Aggregate limit is equal to the amount of the General Aggregate limit shown in the Declarations. 2. The Construction Project General Aggregate limit is the most we will pay for the sum of all damages payable under Coverage A.1., except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard," and for medical expenses payable under Coverage A.2. regardless of the number of: a. Insureds; b. Claims made or "suits" brought; or c. Persons or organizations making claims or bringing "suits." 3. Any payments made under Coverage A.I. for damages or under Coverage A.2. for medical expenses shall reduce the Construction Project General Aggregate limit for the applicable construction project. Such payments shall not reduce the General Aggregate limit shown in the Declarations nor shall they reduce any Construction Project General Aggregate limit applicable to other construction projects. 4. The limits shown in the Declarations for Liability and Medical Expenses, Damage to Premises Rented to You, and Medical Expenses continue to apply. However, instead of being subject to the General Aggregate limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate limit. B. All: 1. Damages because of "personal and advertising injury", regardless of the number of construction projects involved; 2. Damages under Coverage A.1. which cannot be attributed solely to ongoing operations at a single construction project, except damages because of "bodily injury" or "property damage" included in the "products -completed operations hazard", and 3. Medical expenses under Coverage A.2. caused by accidents which cannot be attributed solely to ongoing operations at a single construction project; will reduce the General Aggregate Limit shown in the Declarations, and shall not reduce any Construction Project General Aggregate Limit. C. When coverage for liability arising out of the "products -completed operations hazard" is provided, any payments for damages because of "bodily injury' or "property damage" included in the "products -completed operations hazard" will reduce the Products/Completed Operations Aggregate limit, and not reduce the General Aggregate limit nor any Construction Project General Aggregate limit. D. If a construction project has been abandoned, delayed, or abandoned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction project. E. The provisions of the Limits Of Insurance section not otherwise modified by this endorsement shall continue to apply as stipulated. All other terms and conditions of the Policy remain unchanged. SB300176D17(6-16) Page 3 of 3 Rim t ftn� 6 Nrxw®Or - fna'' R¢k Maru"er,vn pmdFde Copyright, CNA All Rights Reserved. INSURED: CAP Architecture POLICY NUMBER: 5094854715 EXPIRATION DATE: 05/18/2022 WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY BLANKET WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS This endorsement changes the policy to which it is attached. It is agreed that Part One — Workers' Compensation Insurance G. Recovery From Others and Part Two — Employers' Liability Insurance H. Recovery From Others are amended by adding the following: We will not enforce our right to recover against persons or organizations. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) Premium Charge - $ The charge will be an amount to which you and we agree that is a percentage of the total standard premium for California exposure. The amount is 2.%. G-19160-B (Ed. 11/97) RmkM .g..wDn �Fexmaru.9mmc a..w,iaoe 00