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Home My WebLink AboutOTIS ELEVATOR COMPANY 3A - 208 A-2007 -003-001 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 4~/-O~ CLERK OF COUNCIL \l~TE: FEB - ~ ~OM FIRST AMENDMENT TO GREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on January IS, 2008, by and between Otis Elevator Company, a wholly owned subsidiary of United Technologies Corporation ("Contractor") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). RECIT ALS: A. The parties entered into that certain Contractor Agreement A-2007-003, dated January 2, 2007, (hereinafter "said Agreement") by which Contractor has provided elevator repair and maintenance services for the City of Santa Ana Pol ice Administration and Holding Facility B. Due to a clerical error, the term of said Agreement was written as one year. C. The Parties wish to correct the error and extend the term of said Agreement to cover the entire two year period agreed by the Parties. 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 First Amendment to Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Contractor agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement shall not exceed $59,928.00, annually, during the term ofthis Agreement, which amount includes a $12,000 contingency for additional required services." 2. Section 3, TERM, shall be deleted in its entirety and replaced with the following: ''This Agreement shall commence on the date first written above and terminate on December 31,2009, unless terminated earlier in accordance with Section 12. below. The City shall have the option to extend for two additional one-year periods upon a writing executed by both Parties." 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 First Amendment to Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: ~ / i - - 1/ /" ~ . /h-L-u-/c C-.-cL~j.J (~'-~L- PA TRICIA E. HEALY IJ Clerk ofthe Council ~~~J POA VID N. RE City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney \. ('. By :'}j1{ ,( Ait ,...~;fuJ or..it../ Lault'a Sheedy / Assistant City Attorney OTIS ELEVATOR COMPANY ~.\ / j By:(- dtlAAl (Print Name (Title) G . '. MARSH I CERTIFICATE OF INSURANCE PRODUCER A 0017 003 MARSH USA INC. -~ /- ONE STATE STREET I HARTFORD, CT 06103-3187 A.. c2.00J{ ... ,)J b A.. q(.(X)3 .. ~'f A - "'''(\1- ,2i,t-O/ INSURED A - ~ 03 - ~103 - ~ OTIS ELEVATOR COMPANY ONE FARM SPRINGS ROAD FARMINGTON, CT 06032 A-2007 -003-001 ISSUE DATE 03/19/2007 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. COMPANIES AFFORDING COVERAGE Company A Hartford Fire Insurance Co COVERAGES This certificate supersedes and replaces any previously issued certificate for the policy period noted below. This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of 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, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. co TYPE OF INSURANCE POLICY NUMBER I EFFECTIVE EXPIRATION LIMITS OF LIABILITY LT A GENERAL LIABILITY 02CSET10004 I 04/01/2007 IXI Commercial General Liabilily o Claims Made IXI Occurrence o OWners' and Contractors' Protection o o General Aggregate Lim~ applies per: IXI Policy 0 Project 0 Location A AUTOMOBILE LIABILITY IXI Any A1Jlomobile o All Owned A1Jtomobiles o Scheduled A1Jtomoblles o Hired A1Jtomobiles o Non-owned A1Jlomobiles o B WORKERS' COMPENSATION C AND EMPLOYERS' LIABILITY D E EXCESS LIABILITY o Occurrence 0 Claims Made $2,000.000 general aggregate per location/project $10,000.000 policy general aggregate 02CSET10oo0 (A10) 02CSET10019 (HI) Hartford UndelWriters Ins 2921261 (CA) 2921262 (FL) 2921265 (MA) 2921266(CT ex. SIR $2,500.000) 2921259/2921257 (multi) 2921258 (MN) 2921264 (NJ) F=2921260.2921263(OR)* F=AMERICAN INrL SOUTH INS Company B Ins Co of the State of PA Company C American Home Assurance Co 1,000,000 300,000 10,000 1 000.000 2,000,000 2,000,000 1,000,000 1,000,000 1,000,000 1,000,000 City of Santa Ana Police and Holding Facility. Santa Ana, CA 92702. The City of Santa Ana. its officers. agents, volunteers. and employees are additional insured on the above Commercial General Liability as required by contract. The liability coverage afforded is primary and non-contributory. contract number: SAN 05208 CERTIFICATE HOLDER City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 Company o National Union Fire Ins Co Pa Company E New Hampshire Insurance Co 04/01/2008 $ $ $ 'l: 'l: $ EACH OCCURRENCE FIRE DAMAGE MEDICAL EXPENSE "'''''''''''AI 04/01/2007 04/01/2008 COMBINED SINGLE LIMIT $ BODILY INJURY (Per ~rson\ $ BnDILY INJURY 'Per aceidenl' $ $ COMPREHENSIVE COLLISION 04/01/2008 WC Statutory Limit r xl Other r $ EL EACH ACCIDENT $ EL DISEASE (Each employee) $ EL DISEASE (Policy Limit) $ 04/01/2007 ~ ~)R. . V ED AS TO FOR ,~CHOCCURRENCE A.. .l. ~ l AGGREGATE A/7 II ."1~ 11; Pili //:2.. , :1~r:,::I.vtx_C.JY As ,iW ,1'~ ~1l1 Atlcf',ey $ $ $ ~ 'I: $ $ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. MARSH USA INC BY: (/~ Pace 1 of 1 - -;:- ,d7/~-q- Certificale 10 # XQRED9S5 i\ - ?.lL.'/ GG 7.; MARSH CERTIFICATE OF INSURANCE ISSUE DATE 03120/2008 PRODUCER This certificate is issued as a matter of information only and confers no rights MARSH USA INC. upon the Certificate Holder. This Certificate does not amend, extend or alter the ONE STATE STREET coverage afforded by the policies below. ,- HARTFORD, CT 06103-3187 COMPANIES AFFORDING COVERAGE Company A Hartford Fire Insurance Co INSURED Company Ins Co of the State of PA OTIS ELEVATOR COMPANY B ONE FARM SPRINGS ROAD Company FARMINGTON, CT 06032 C Illinois National Ins Co. Company National Union Fire Ins Co Pa D Company New Hampshire Insurance Co E COVERAGES This certificate supersedes and replaces any previously issued certificate tor the policy period noted below. This is to certify that the policies of insurance described herein have been issued to the Insured named herein for the policy period indicated. Notwithstanding any requirement, term or condition of 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, conditions and exclusions of such policies. Limits shown may have been reduced by paid claims. co TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS OF LIABILITY LT A GENERAL LIABILITY 02CSET1oo04 0410112008 0410112009 EACH OCCURRENCE $ 1,000,000 !XI CommerCial General liability FIRE DAMAGE $ 300,000 o Oaims Made lXIoccurrence $2.000.000 general aggregate per MEDICAL EXPENSE $ 10,000 o Owners' and Contractors' Protection localion/project 0 P"'R"nt.'.6' ~ A , V . 1,000,000 0 $10.000,000 policy general ..........''''RA A""RE ,ATF <: 2,000,000 General Aggregate limit applies per: aggregate oonD' q< _ rnMP,no Arr . 2,000,000 1XI Policy o Project 0 Location A AUTOMOBILE LIABILITY 02CSET10000 (AID) 0410112008 0410112009 COMBINED SINGLE LIMIT $ 1,000,000 IXlAn'i~tomobile 02CSET10019 (HI) BODILY INJURY Per nerson\ $ o All Owned Automobiles Hartford Underwriters Ins enol' '( INJURY (Per '- o Scheduled Automobiles ident $ o H,red Automobiles $ o Non-owned Automobiles COMPREHENSIVE 0 COLLISION B WORKERS' COMPENSATION 1928748(MA).1928751(CA) 04101/2008 04/01/2009 WC Statutorv Umit I X I Other 1 . c AND EMPLOYERS' LIABILITY 1928750(FL) 1,000,000 D 1928752(CT eX.SIR $2,500,000) EL EACH ACCIDENT $ E 1928742 19287441928745(MN) EL DISEASE (Each employee) $ 1,000,000 1928746(TX) 1928749(NJ) EL DISEASE (Policy Limit) $ 1,000,000 (F) American Int'I South Ins Co 19287431928747(OR) EXCESS LIABILITY EACH OCCURRENCE $ OOC<:urrence o Claims Made AGGREGATE $ I. I. I. I. $ City of Santa Ana Police and Holding Facility, Santa Ana, CA 92702. The City of Santa Ana, its officers, agents, volunteers, and employees are additional insured on the above Commercial General Liability as required by contract. The liability coverage afforded is primary and non-contributory. contract number' SAN 05208 CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE '( ~ATION DATE THEREOF, THE INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO _, ERTIFICATE HOLDER NAMED TO THE LEFT. . - ~)~~ MARSH C7 /6'7/'- ~ Cilyof Santa Ana ,;" , ~ ~- , .., ',' ."~~ BY' Qo&- ...- .; -r.- -. ,. , 20 Civic Cenler Plaza Santa Ana, CA 92701 p~e 1 of 1 Certif,catelD# 1 HNDTP7Q .. . Policy Number: 02 CSE T10004 Effective Date: 04/01/2006 x '"" Named Insured and Address: UNITED TECHNOLOGIES CORPORATION ONE FINANCIAL PLAZA HARTFORD, CT 06101 Endt. No. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY INSURANCE POLICY SCHEDULE Name of Person or Organization: CONTRACT NO: SAN 05208 '"" THE CITY OF SANTA ANA ITS OFFICER, AGENTS, VOLUNTEES AND EMPLOYEES WHO IS AN INSURED (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of "your work" for that insured by or for you. For the purposes of this endorsement, "you" shall refer to Otis Elevator Company and its subsidiaries, and "your work" shall mean work performed by or for Otis Elevator Company and its subsidiaries. Form GT 53 2413 (Ed 01/03) Page 1 of 1 @ 2003, The Hartford '"" (Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Office, Inc., 2003) , Policy Number: 02 CSE T10004 Effective Date: 04/01/2008 l "'" Endt. No. 9 UNITED TECHNOLOGIES CORPORATION ONE FINANCIAL PLAZA HARTFORD, CT 06101 Named Insured and Address: THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED - WORK PERFORMED BY OR ON BEHALF OF OTIS ELEVATOR COMPANY It is agreed and understood that, solely as respects work performed by or on behalf of Otis Elevator Company and its subsidiaries and affiliates, Including but not limited to Alliance Elevator Company. North American Elevator Services Acquisition Corporation, North American Elevator Services Central, Inc., Delta Elevator Services Company. Pacific Elevator Company, Amtech Elevator Services, and any of their subsidiaries (for the purpose of this endorsement, "you"): "" 1. WHO IS AN INSURED (Section II) is amended to include any person or organization you are required to include as an additional insured on this policy by a written contract or written agreement In effect during this "policy period" and executed prior to the occurrence of any loss, as permissible under the governing law. 2. The insurance provided to the additional insured is limited as follows: a. The person or organization Is only an additional insured with respect to liability caused by "your work" or your ongoing operations for that additional insured. The additional Insure status applies only to the extent of your liability for "bodily injury", "properly damage" or "personal and advertising injury" caused by: (i) your acts or omissions; or (ii) the acts or omissions of those acting on your behalf. In the event that the limits of liability stated in the policy exceed the limits of liability required by the written contract or written agreement, the Insurance provided by this endorsement shall be limited to the limits of liability required by the written contract. This endorsement shall not increase the limits stated in LIMITS OF LIABILITY (Section III ). b. This policy does not apply to "bodily injury" or "properly damage" arising out of "your work" included in the "products-completed operations hazard" unless you are required to provide such coverage by written contract or written agreement and then only for the period of time required by the contract and in no event beyond the "policy period". c. This policy does not apply to any person or organization for whom you have procured separate liability insurance while such insurance is in effect. regardless of whether the scope or limits of liability exceed those of such other insurance or whether such other insurance is valid and collectible. 3. With respect to any entity provided insurance under this endorsement, any coverage provided to an additional insured shall be excess over any other valid and collectible insurance available to the additional insured, whether primary, excess, contingent or on any other basis unless a written contract or written agreement specifically requires that this insurance apply on a primary or non-contributory basis. 4. As soon as practicable, each additional insured must give us prompt notice of any "occurrence" or "offense" which may result in a "claim", forward all legal papers to us, cooperate in the defense of any actions, and otherwise comply with policy conditions. 5. The provisions set forth in Paragraph 5 of Section II - Who Is An Insured do not apply to Otis Elevator Company or any of Its subsidiaries or affiliates as defined above. \".. Form GT 20 19 04 08 (c) 2008, The Hartford (Includes copyrighted material of Insurance Services Office, Inc., with its permission.) Page 1 of 1