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HomeMy WebLinkAboutENVIRONMENTAL ENGINEERING 2AAGREEMENT TERMINATION 2t13i? itM Please complete this form when the attached agreement is no longer in effeef __ a Return form to the Sr. Deputy Clerk of the Council (M-30). Call 647- 3 if you have'a questions. ----------------------------------------------------------------- The agreement with t6eeri n4 No. A - aa)5- ae57 6/ (2-o) was completed on % 3 // and final payment has been made. Department: 5au°2�� Signature: Date: City of Santa Ana Revised 8-7-03 Clerk of the Council /1 Z✓Ui - ZY,S I-4- �'���� FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT, made and entered into this 2nd day of January, 2007, by and between Environmental Engineering and Contracting, Inc., ("Consultant") and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City"), collectively referred to herein as "the Parties". RECITALS A. The Parties entered into Agreement 4A-2005-285, dated December 5, 2005, hereinafter referred to as "said Agreement", for the compliance inspections for the City's Fats, Oil and Grease Control Program; and B. The Parties hereto now desire to amend said Agreement to extend the term of the Agreement and increase compensation to pay for services during the extended term. WHEREFORE, in consideration of the mutual and respective covenants and promises hereinafter contained and made, and subject to all of the terms and conditions of said Agreement as hereby amended, the parties hereto do hereby agree as follows: I. Section 2.a., COMPENSATION, shall be amended to increase compensation by $182,000. Said section shall read, in full, as follows: "City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Consultant's Cost Estimate and Fee Schedule, Exhibit B -I and B-2, respectively. The total sum to be expended under this Agreement shall not exceed $182,000.00, annually, during the term of this Agreement." 2. Section 3, the "Term" term of said Agreement is hereby amended to extend the termination date from December 31, 2006 to December 31, 2007. 3. Except as hereinabove modified, the terms and conditions of said Agreement remain unchanged and in full force and effect. // // IN WITNESS WHEREOF, the parties hereto have executed this Amendment to said Agreement the date and year first above written. APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney ATTEST.- ATRICIA C. HEALY CLERK OF TH£ COUNCIL CITY OF SANTA ANA ENVIRONMENTAL ENGINEERING AND CONTRACTING, INC. J SHA ER esident Fax Server 11/4_ 006 4;25:27 PM PAGE 002/005 -ax Server ACORQ CERTIFICATE OF LIABILITY INSURANCE °°'E'""°°Y" ll/03/209 remuRa (999)261-5335 FAX (949)261-1911 THIS CER7TFNJITE I4188UE0 A9AMATTEROF INFORMA710FI Tutton Insurance Services, Inc. ONLYANO CONFERS NO RIGHTS UPON THE CERTIFICATE 2913 S. Pullman St. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Santa Mq, CA 92705 ALTER THECDUERAGE AFFORDED SY PIE POLICIES BELOW. 1NSURERSAFFORDINGCOVERAGE HAIC9 wwam Fn ronmedta Feptneensg 8 fngtractTng, Inc. nwamA: Z. Amer can Ins co 501 Parkcanter Drive IMIUM a Peerless Insurance Company Santa Ana, CA 92705 P0JREnC Granite State Ins Co HSIRma Steadfast incur,.sr. n........ A I I XIom aoA'.aB+Bui UA ❑Aars WOE IX OrdR A cMFDNRDa B E6mIRE9Avfp5 HREDAIRUm POMLDI WMTos aARADEUAeanY I A A= DEnucnatE C D Pabiiity, Cl &I= Made i ecmaTNLRY i w�M�mro RCDlYIILLRY i o+.rcleerq PROPBf1Y6u, -E t PRbPO a s I Total Ail Losses; $2,000,000 _ Deductihl e: $5,000 via nw.wer .s nanea As an additional insured per-attach—ed attached} P policy £onn UGL1375AC1i. nsuraaee a prtgary where required by written contract. Mer of subrogation applies Per the attached CG2404 day notice of cancellation will be sent for +,,-payment of W iun. "Amended X-ing out the Clause on the 1119/064. City of Santa Ma, its Officers agents and employees Attn: Stave Marral ZD Civic Center Plaza Sante Ma, CA 92701 ACORD26(2001 'FAX'(714)6r,7-2310 rw,41,,41.. ,der //.e 1 vv rrPS Ce3cr ofafrera- k ?397 ax ann.wr w rneAeove oEepuro poupre ee ewm.tn esDRa n.E EiMAl10 N ewfi nIrAEOF. ixE gaump DaUnG wILL f wa I430 awi NanIENNDfK>;TD MDBRVRJ1TE MlLQ NAMED Ta TRE IFFf ADRICRI3DREPRESBffAIIyE ~ stanlev Tutton SUSAN '✓ APPROVED AS TO FORM CACORD CORPORATIOH isee iaura Stitt Assistant City Attorney Fax Server 11/9. J06 4:25:27 PM PAGE 003/005 ( ax Server Additions! Insured — Automatic - Owners, Lessees Or Contractors - Broad Form 0 ZURICH THISENDORSEMENTCHANGFSTN$POLICY. PLEASERCADrr CAREFULLY. This enloncaeet modirks imrm=provided under the: CommerdW General Uabilily Covenrge NrT A. WROISANINSL'REDISadoe O)is;urmldedtaimludeisanim rcdarrypelsonorargmi>•.ationw•llemyouammpird o add au on dditiaaal ir%%urd ore Inds po1hT umkra written contract onrrilten agreernm B. 'Ire insurance prmided to additional lashed% applies only to "bodit. iryun'. -prollem- dSmige' cc -pcManl AM ad%Wis. 1118 tgjwy' covered under Secdoa L CoveMe A. BODILY INJURY AND PROPERTY DA.YIAGE LIABILITY and Coversp B. PERSONAL AND ADVERTISING INJURY LIABILITY. bul onto if: L The-twdily injury- or-Pmpysty d.nfaoge ='Its from yournegligonce: and 2 Tbo-bodilyidjma•`. -proper darnage or'persomdand adnmisiay injury'"rewlts directly from: a. Yowongaingupcmtiom:or b -Yau wark-mnzpleddasi=iudedintic'pMCk= Mpklod Opo rxlorrs hva r perfarmcd far for addidooul irtwrcd, which is Ihr wbjsl of tIe Irdtten wntmrx or wrinen aemnrnt. C. Howaer. rcgordlessordk prwisions orparagmphs A. and B. owve: We will wt evterd ran insanrax ca%arage :o am additiuml insund person or arg•mrrrliow J . nulls wtprOVidedfovotlinriuspotiTor h. 7lut is am• braderm%rr;lr than you arc raluired m prm•ide ro the addiriosJ imlued peraan orurgxrvrtian in the M11011comrmt or w•ntten ag%tnlcaG and 2. We w ill not provide Limns of insarj= toruly oddidonul insured personororgtriration that avoced the lon•eroP. a. Tie Limits of Insurarce pro%ided in yoo In this polio}: at b. The Ltlniuof lrburarlw pod:uc requlled roproylde in rho written comrator wddert ngrecnknt. D. TAT• U-Suranm provided m da: nddd'crei insured person or orylmarmian does rot oppty to: I. 'Bodin iaJlgy"- property damage' or'perwtol and odudising iojur%- that results solely from negligence of the rddi. {grad sunned. ct ?. 'Bbdilr injttn`. "Ixopeny tL•Imge` or'permoal and ath+rnislg injury' arising ora oC I♦r tendering ar Gihuc to rer&rany prornsioml architeclnnt- ertgircenrg or Bantiyirly scrim iwhdmg: a The PfcPdrraJ- Wl`fmiag. of W trg ro proWte or gpmve nclps. shop drowWpL opiltiom. reports- stu%cy& field otden.yhaago orders Or drawings and specirkadom: and I rfit, L 175.A CW IFaat U�duieaeopptgNed a6rlr0l nrlrbalifpl $MVef%rynlCl. Ne War nY aeflefaIDM1 Paye lari `-IED AS TO FL_.... _2L:ra Stitt S__/ A s. start City Rt.ul 1.,1 Fax Server 11/d 306 4:25:27 PM PAGE 004/005 ( "ax Server J). Supenisuy.in4wionarcNtaNr4areWomriagacuvwm IL The additional iraalred mull sec m it tb al: L. Weare eorified as scan a pmclLnbicofan-oxuncrvz- orotferrc Lha, way raultin acLum: 2" we remive written notice orn claim or-su"n msoonas pmctielbk and 1. A rtyuest fortdercom 2nd indarmity orthe claim or'so4-will pmmpdy be brought g4flg nrp' polic} Laud by oa- odlar htvaerunder nhieh the additional il>s,ued also ha rigNs is oto ilbvrcdordddltional Ircoled. F. ibc insutatlea provided bi this Codai3` POU is primary Lim== end We Will not al:clt comllbution from any other Lo- santrcc mailable b any 301tiOdui rowed perms ar orPrIieaJon unless dim other insurance is provided by a contractor otherihan you for ibe same upomtiomunriob location ibeacontvillsbamu*hLh loftrbLgum tn"' ernedhoddo- scnbcd in pwipaph4•e. OfSECrION IV -COMMERCIAL GENERAL LIA61Ll'IY CONDMONS. Any ptoviswus in this emzggrt coged e Pel chanby ted ic=a�d caodiaom of Ws endoaon em continue to apply m writ• AA nr4ir:ll7b kCWj9.Wl P.Y. - or- A- 17' OVEID AS TO As-, stent City Arc; . " Fax Server 11/E )06 4:25:27 PM POUCYNUMBER: GLOS98178903 PAGE 005/005 i ax Server CO=IERgALOomm W8N" 092/041027 THIS GNOCKSKIlIENTCplmoea THE PgL1Cr, Pwtae MCAD 1T CAREFULLY. WAIVER OF TRANSFER OF FLIGHTS OF RECOVERY AGAINST OTHERS TO US Thn ar ftsmmwd medTI M kMmflCn 131a4NM imda 0* fuAoM q - MW EfIC1AL COMA UASI YYCOVERAOE PART Na" of A"o,C 4Whefienr SCHEDULE ■If rm PRwsV APWO m tlr MdnMemmltdamatlon Rgi,ifetl to mnpMY Mk eneaepnml WII be Ahern M flls GecLww a� Thr TRANSFER OF HIOHTS OF RECOVERY AGAINST OTHERS TO US Candapa ISO= N -COW WERCLAL GENERA!UANUTY OOHOJnONS) is afeenoed Oythe addlIM of Cie fbLj& a We W" env daht of rommY e9 may have mawntt diff Permn or cvw& ffl aaaVvn h 1h+ SdAda1r aaa%e iaeaay a!}rayrnenb yr mNw faf SeUrY or eWypr afmpp outd Taw en8ehf7OPe�:tlanf at you %Vali' dare under ■ OOnlreet W Bl 0p! PwWn w ORaNndon W4 irAdod in ft Wu=-. Wmpktad OP§M* le haus{ rho: waiver aPPies onry m d+eperson of oryanizaSon VWn m are @aiaduW ehwe. CO24041093 copimm Uvaranae somas fl01aa UFC„ 1882 As,''2nOVED AS TO FORM L ura 5t„� Assistant City Attorney CG2404 10-Sa Mmum.pdf ACORDM CERTIFICATE OF LIABILITY INSURANCE 04/12/2 0 ' PRODUCER (949)261-5335 FAX (949)261-1911 Tutton Insurance Services, Inc. 2913 S. Pullman St. Santa Ana, CA 92705 #12827 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Environmental Engineering & Contracting, Inc. 501 Parkcenter Drive Santa Ana, CA 92705 A — a005 Ot'0 1 INSURERA: Zurich American Ins Co INSURERB. Peerless Insurance Company DS INSURER c: Granite State Ins Co INSURERD: American International Special FG INSURER E: C-OVFRA(-FS 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR DD*L NSREGENERAL TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS Santa Ana, CA 92701 U5 �l UABIUTY GLOS98178903 10/31/2006 10/31/2007 EACH OCCURRENCE $ 2,000,000 X COMMERCIAL. GENERAL LIABILITY DAMAGE TO RENTED $ 100,000 CLAIMS MADE FX] OCCUR MED EXP (Any one person) $ 2S,000 A _ PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GEKL AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/0P AGG $ 2,000,000 X POLICY PERO_ [ LOC AUTOMOBILE UANUTY CBP9S89097 04/30/2007 04/30/2008 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $ 1,000,000 BODILY INJURY $ ALL OWNED AUTOS SCHEDULED AUTOS (Per person) B - BODILY INJURY $ HIRED AUTOS NON -OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY 7 - -- - `-I�` AUTO ONLY - EA ACCIDENT $ ANY AUTO , // �{' OTHER THAN EA ACC $ AUTO ONLY !/ AGG $ EXCESS/UMBRELLA UABILJTY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WC943919 OS/24/2007 05/24/2008 X I WCSTATU- OTH- TORY' HMITS ER EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1,000,000 C ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. DISEASE - EA EMPLOYEE $ 1,000,000 OFFICER/MEMBER EXCLUDED? H yes, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 O PEC900928703 10/31/2006 10/31/2007 Each Loss: $2,000,000 D iability, Claims made iability, Total All Losses: $2,000,000 etro date 5/4/99 1 1 Deductible: SS,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS ertificate holder is named as an additional insured per attached policy form UCL1175ACW. his insurance is primary where required by written contract. aiver of subrogation applies per the attached CG2404 10 day notice of cancellation will be sent for non-payment of permium. Re -printed w/new WC policy 5/31/07* CERTIFICATF Hoo ❑FR CANCFI 1 ATION ACORD 25 (2001/08) FAX: (714)667-2310 ©ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana, its Officers EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL�X MAIL agents and employees *30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Attn: Steve Warral 20 Civic Center Plaza AUTHORIZED REPRESENTATIVE ? �- vim" Santa Ana, CA 92701 U5 �l Stanley Tutton/ADRIAN ACORD 25 (2001/08) FAX: (714)667-2310 ©ACORD CORPORATION 1988 Additional Insured — Automatic - Owners, Lessees Or Contractors - Broad Form 0 ZURICH Policv No. Eff. Daze of Pot. I Exp. Date of Pot. Eff. Date of End. Producer Add'l. Prem Return Prenr. GL059817890 10/31/2006 10/31/2007 10/31/2006 Tutton Ins_ 1,s N/0 s N/A THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. WHO IS AN INSURED (Section H) 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. B. The insurance provided to additional insureds applies only to "bodily- injury", "property damage' or "personal and advertis- ing injury" covered under Section I, Coverage A, BODILY INJURY AND PROPERTY DAMAGE LIABILITY and Coverage B, PERSONAL AND ADVERTISING INJURY LIABILITY. but only if. 1. The "bodily injury" or "property damage" results from your negligence.- and 2. The "bodily, injury". "property damage" or "personal and advertising injury" results directly from: a. Your ongoing operations; or b. "Your work" completed as included in the "products -completed operations hazard". performed for the additional insured. which is the subject of the written contract or written agreement. C. However, regardless of the provisions of paragraphs A. and B. above: / 1. We will not extend any insurance coverage to any additional insured person or organization: a. That is not provided to you in this policy_ or b. That is any broader coverage than you are required to provide to the additional insured person or orgarization in the written contract or written agreement: and 2. We will not provide Limits of Insurance to any additional insured person or organization that exceed the lower of: a. The Limits of Insurance provided to you in this policy: or b. The Limits of Insurance you are required to provide in the written contract or written agreement. D. The insurance provided to the additional insured person or organization does not apply to: "Bodily injury". "property damage" or "personal and advertising injury" that results solely from negligence of the addi- tiuual insured. ut 2. "Bodily injury-", "property damage" or "personal and advertising injury" arising out of the rendering or failure to render any professional architectural. engineering or surveying services including: a. The preparing. approving, or failing to prepare or approve maps. shop drawings. opinions. reports. surveys. field orders. change orders or drawings and specifications: and V -GL -1175-A C0.'(9,03) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc. with its permission. b. Supervisory. inspection, architectural or engineering activities. E. The additional insured must see to it that: 1. We are notified as soon as practicable of an "occurrence' or offense that may result in a claim: 2_ We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suif- will promptly be brought against any policy issued by an- other insurer under which the additional insured also has rights as an insured or additional insured. F. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other in- surance available to any additional insured person or organization unless the other insurance is provided by a contractor other than you for the same operations and job location. Then we will share with that other insurance by the method de- scribed in paragraph 1.c. of SECTION IV - COMMERCIAL GENERAL LIABILITY CONDITIONS. Any provisions in this Coverage Part not changed by the terms and conditions of this endorsement continue to apply as writ- ten. U -GL -1175-A CW (9,03) Pagc 2 of 2 POLICY NUMBER: GLO 5981789-03 COMMERCIAL GENERAL LIABILITY CG 24 04 10 93 THIS ENDORSEMENT CHANGES THE POUCY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: AS REQUIRED BY THOSE ENTITIES WITH WHOM THE NAMED INSURED EXECUTES A WRITTEN CONTRACT. (If no entry appears above, information required to complete this endorsement will be shown In the Declarations as applicable to this endorsement.) The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV —COMMERCIAL GENERAL LIABILITY CONDITIONS) Is amended by the addition of the following: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for Injury or damage arising out of your ongoing operations or 'your work' done under a contract with that person or organization and included in the 'products -completed operations hazard'. This waiver applies only to the person or organization shown in the Schedule above_ CG 24 44 10 93 Copyright, insurance Services Office, Inc., 1992 Page 1 of t 0 IN$UKO COPY