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HomeMy WebLinkAboutOTIS ELEVATOR COMPANY 3B - 2009A-2009-006 INSURANCE ON FILE WORK MAY PROCEED UNTIL {NSUR~N,CE E`PIR~S~ CLERK OF COUN;~!i. -~ ,,,T~. SECOND AMENDMENT TO GREEMENT ~ f~^ 2 o zuu~ THIS SECOND AMENDMENT TO AGREEMENT is entered into on January 5, 2009, 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"). RECITALS: A. The parties entered into that certain Contractor Agreement A-2007-043, dated January 2, 2007, (hereinafter "said Agreement") by which Contractor has provided elevator repair and maintenance services for the City of Santa Ana Police Administration and Holding Facility B. The Parties wish to amend the Scope of Services to provide for extraordinary maintenance and repair service and increase compensation to pay for services during the term from January 1, 2009 through December 31, 2009. 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 Second Amendment to Agreement, the parties agree as follows: 1. Section 1, SCOPE OF SERVICES, shall be deleted in its entirety and replaced with the following: "Contractor shall perform elevator maintenance and service, as set forth in City's Request for Proposals to Provide Elevator Maintenance Services for the City of Santa Ana Police Administration and Holding Facility, on file in the Santa Ana Building Maintenance Department, and Contractor's response, attached to said Agreement as Exhibit A. Additionally, the Executive Director of Finance and Management Services may authorize additional extraordinary maintenance and repair services, in writing, based on a written proposal submitted by Contractor." 2. 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, attached to said Agreement. Additionally, City agrees to pay, and Contractor agrees to accept, as total payment for the services set forth therein, the rates and charges set forth in Contractor's Proposal #CMD 12308, attached hereto as Exhibit A-1. The total sum to be expended under this Agreement shall not exceed $83,000.00, during the term commencing January 1, 2009 and extending through December 31, 2009. Said $83,000.00 includes $49,000 for regular maintenance and repair, $14,000 for repairs set forth in Exhibit A-1 and an additional $20,000 contingency for additional required services." 3. 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 an additional one-year period upon a writing executed by both Parties." 4. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. I1V WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement on the date and year first written above. ATTEST: -. /Jl -. J t-L.c `~_„~~ PATRICIA E. HEALY Clerk of the Council CITY OF SANTA ANA DAVID N. RE City Manager APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney Cam; By:( ,'~~ ~ ~~ Laura Sheedy Assistant City Attorney OTIS ELEVATOR COMPANY EXHIBIT A-1 SCOPE OF SERVICE CONTRACTOR will provide labor and material to furnish and install a spare drive for the Visitation Elevator in the Santa Ana Detention Facility. The existing drive has been sent out for repair with at least a two week lead time. To get the Visitation Elevator running in a shorter time, we present an option to purchase a new drive and have it expedited for delivery in 2 days. The purchase of an additional drive provides a spare in the event that the drive fails in the fixture. PRICE: Thirteen thousand, one hundred twenty four dollars ($13,124.00). City shall make atwenty-five percent (25%) down payment on execution of this Amendment. Terms and conditions Any applicable sales, excise or similar tax shall be City responsibility. Title to the spare drive shall pass when City makes fmal payment of the price set forth in this Exhibit A-1. Contractor warrants that services furnished by Contractor will be performed in a workmanlike manner, and that any equipment provided hereunder shall be free from defects in workmanship and material. Contractor's sole responsibility under this warranty shall be, at its option, to correct any defective services and to either repair or replace any component of the equipment found to be defective in workmanship or material. Contractor shall conduct, at its expense, the entire defense of any claim, suit or action alleging that, without further combination, the use by City of any equipment provided hereunder directly infringes any patent, but only on the condition that (a) Contractor receives prompt written notice of such claim, suit or action and full opportunity and authority to assume the sole defense thereof, including settlement and appeals, and all infornxation available to City for such defense; (b) said equipment is made according to a specification or design furnished by Contractor; and (c) the claim, suit or action is brought against City. At completion of work, City shall be responsible for ensuring that the operation of equipment furnished hereunder is periodically inspected. The interval between such inspections shall not be longer than what may be required by the applicable governing safety code. r t ., - - NtARSH CERTIFICATE OF INSURANCE I ono ~8E PRODUCER This certificate is issued as a marier of information only and confers no rights MARSH USA {NC. 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 Hartford Fire Insurance Co A INSURED Company Ins Co of the State of PA OTIS ELEVATOR COMPANY B ONE FARM SPRINGS ROAD Company FARMINGTON, CT 06032 Illinois National Ins Co. C Company National Union Fire Ins Co Pa D Company New Hampshire Insurance Co E 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 EFFECTIVE EXPIRATION LIM17S OF LIABILITY LT A GENERAL LIABILITY 02CSET10004 oarolr2ooB o4ro1noa9 EACH OCCURRENCE $ 1,000,000 ® Commercial General LiahiMty i M ^ G d O 52 000 r l a r t 000 en FIRE DAMAGE $ 300,000 a a ms e ® xurrtxlce ^ Owners' and Contractors' Protection , , g e a gg ega e per IoCBtionJQrgaCt MEDICAL EXPENSE $ 10,{)00 ^ P I Y 1 ~~ ODO ^ $10,000,000 policy general A A 2,000,000 General Aggregate Limit applies per: aggregate _ 2,0~0,40~ ® Polity ^Project ^ Location A AUTOMOBILE LIABILITY 02CSET70000 (FVO) 04/0112008 04/01/2009 COMBINED SINGLE LIMIT $ 1,000,000 ® Any Automobile 02CSET10019 (HI} ^ An O Hartbrd Underwriters Ins OILY IN URY r e n $ wned AutomoGles ^ Scheduled Automobiles I Y ! P r lent $ ~ ^ FNred Automobiles $ ^ Non-0vmed Automobles COMPREHENSIVE COLLISION e C WORKERS' COMPENSATION 1928748(MA).1928751(CAJ 1928750 FL 04/0112008 04!01!2009 WCStaturo Limit X other D AND EMPLOYERS' LIABILITY ( ) 1928752(CT ex.SIR $2,500,000) EL EACH ACCIDENT $ 1,000.000 E 1928742 1928744 1928745(MN} EL DISEASE (Each employee) $ 1,000,000 1928746(TX) 1928749(NJ} ' EL DISEASE (Polity Limit) $ 1,000,000 (F} American Int I South Ins Co 1928743 1928747(OR} EXCESS LIABItITY ^ O ^Cl i M EACH OCCURRENCE $ ccurtenoe a ms ade AGGREGATE $ City of Santa Ana PoNce and Holding Facility, yenta Ana, CA 92702. The Ciry of Santa Ana, its officers, agents, volunteers, and employees are addRional insured on the above Corrxnercial 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 pESCRIBED POL{CIES BE CANCELLED BEFORE THE ,, t -, ~~(P RATION DATE THEREOF, THE INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO . ERTIFICATE HOLDER NAMED TO THE LEFT. 1- '~ „ City of Santa Ana 20 Civic Center Plaza ~ ~~ l ~ ~ ~ ~ `~ ~ ~ i ~ ~~ B RSH USA INC ~~r ~~ `~ ~ ~R Santa Ana, CA 92701 Fa e 1 of 1 Certihcale ID M 1 HNDTP7Q Policy Number; 02 CSE T10004 Effective Date: 04!0112006 Named Insured and A ddress: UNITED TECHNOLOGIES CORPORATION ONE FINANCIAL PLAZA r.- HARTFORD, CT Ofi101 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 VF 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) ~ ®2003, The Hartford Page 1 of 1 (Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Office, Inc., 2003 } ACORD CERTIFICATE OF LIABILITY INSURANCE D03 (21 2 ) 1FK495WM / / 009 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION MARSx usA INC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ONE STATE STREET ' HOLDER.THIS CERTIFICATE DOES NOT AMEND EXTEND OR ... HARTFORD, CT 06103-3187 , ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. -- --_ _-_ 71~'`" F~t~~ _-- --- } ~ ~,!'1 zg: ~ ~j -----_, INSURERS AFFORDING COVERAGE I NAIC # _ - INSURED - - - - -- f-_- ---__ INSURER A Hartford Fire Insurance Co OTIS ELEVATOR COMPANY .- ---- - - ONE FARM SPRINGS ROAD ~ ~ E `' ~'} '„~ t1 . INSURER B:Ins Co of the State of PA FARMINGTON, CT 06032 ~ _. ((~~ : f~~a _ ` _ - - -- 't, INSURER C:Illinois National Ins Co. ~ . _ (INSURER D:American International South Ins Co INSURER E: New Hampshire Insurance Co OVERAGES 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 BYTHE 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 A D' LTR NSR TYPE OF INSURANCE POLICY NUMBER ~: POLICY EFFECTIVE '': DATE MMIDD ~~ POLICY EXPIRATION I DATE MMlDD/YY LIMITS A GENERAL LIABILITY 02CSET10004 ~!I 04/01/2009 04/01/2010 !EACH OCCURRENCE $ 1, 000, 000 X COMMERCIAL GENERAL LIABILITY ~ ', PREMISES Ea occurence ~-L - $ 300, 000 - - CLAIMS MADE X OCCUR $2,000,000 general MED EXP (Any one person) - - $ 10 , 000 aggregate per ' _. _ ___.. -- -- pERSONALBADVINJURY $ 1 000,000 - location/project ---- ---- -- _ 'GENERAL AGGREGATE $ 2,000,000 ___ _ GEN'LAGGREGATE LIMIT APPLIESPER:~ $10,000,000 policy I ^PRODUCTS-COMP/OPAGG --- ----- ~- "$ 2,000,000 +- - - X POLICY PRO- LOC ! A ~' AUT OMOBILE LIABILITY 02CSET10000 (A/O) 04/01/2009 I 04/01/2010 X ANY AUTO 02CSET10019 (HI) I ' COMBINED SINGLE LIMIT (Ea accident) $ 1,000,000 (! Hartford Underwriters ' - ALL OWNED AUTOS , ' I ; Ins I BODILY INJURY $ SCHEDULED AUTOS (Per person) HIRED AUTOS I ~~ ' ' - -- --- NON-OWNED AUTOS ;BODILY INJURY (Per accident) $ (, ~y ~~ `} ~ ' `~ (~ y ~L ~ T~ ~ .) ~ A ~ ~~ ~-- -- - --- - i ~, _. -_ - _ PROPERTY DAMAGE $ (Per accident) ~ RAGE LIABILITY I A t f % / ~ ` / i ~ I, ~_ _.__ EAACCID $ ANYAUTO ~ .•~..••• F' J I _-- ` r l~ nCCd AACC N $ .. ,i.:: Ytt y AUTOON~Y AGG -- $ '~, EXCESS/UMBRELLA LIABILITY I~ ~ ~ ~ ~ ~~ ' j ~ EACH OCCURRENCE ~ $ OCCUR ~ CLAIMS MADE AGGREGATE ' $ I ! I -- -~~- -- $ DEDUCTIBLE - - --_ -- I RETENTION $ ' $ -- B j WORKERSCOMPENSATIONAND 35669:MA, NJ-20, CA-24 ~!. 04/01/2009 04/01/2010 X A C ORY I MITS ER ____ EMPLOYERS' LIABILITY TX- 21 , FL- 2 8 I 'I O ANY PROPRIETOR/PARTNER/EXECUTIVE I EL EACH ACCIDENT '~. $ 1, 000, 000 ( y I OFFICER/MEMBER EXCLUDED? MULTI-23, OR-25 ~'~... jE.L.DISEASE EAEMPLOYEE '$ 1,000,000 E lfyes,desaibeunder IMN-22, MULTI-26, 27 SPECIAL PROVISIONS below E.L. DISEASE-POLICY LIMIT i$ 1,000,000 OTHER i DESCRIPTION OF OPERATIONS (LOCATIONS /VEHICLES !EXCLUSIONS ADDED BY ENDORSEMENT /SPECIAL PROVISIONS CT WORKERS COMPENSATION (SIR 2.5MM) EXCESS COVERAGE - NATIONAL UNION FIRE INSURANCE CO - POLICY NO. 4801324 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 _ -_ __ _- _ __ __ _ --____.- Vf11~VCLL/111VI\ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATETHEREOF,THE ISSUING INSURER WILL MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT. City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92701 ACORD 25 (2001/08) AUTHORIZED REPRESENTATIVE _ I' _r ~~~ `~ Page 1 of 1 ~~ © ACORD CORPORATION 1988 Policy Number: 02 CSE T10004 Effective Date: 04/01/2009 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 OFFICERS, AGENTS, VOLUNTEERS AND EMPLOYEE The insurance afforded by this policy for the additional insureds) is primary insurance and any other insurance maintained by or available to the additional insureds) is non-contributory. 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 purpose 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 24 13 (ED 01/03) © 2003, The Hartford Page 1 of 1 (Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Services Office, Inc., 2003 ) MARSH MARSH MERCER KROLL MA1C GUY CARPENTER OLIVER WYMAN Memo Marsh USA Inc. One State Street Hartford, CT 06103-3187 James. Haggerty@marsh.com www.marsh.com To: Insurance & Risk Management„ Otis Elevator Company Date: May 08, 2009 From: James Haggerty Subject: Workers Compensation and Liability Insurance Policies -United Technologies Corporation Otis Elevator Company must periodically share with others, copies of endorsements to your workers compensation and liability insurance policies. These policy endorsements will identify as the named insured, United Technologies Corporation, the parent company of Otis Elevator Company. I understand that the identification of an endorsement with a policy issued to United Technologies Corporation (`UTC') has, from time to time, led to questions or confusion. The named insured under the policies encompasses United Technologies Corporation (`UTC') and its subsidiaries, including Otis Elevator Company. The insurance protection afforded by the policies is thus issued to the several companies that make up the UTC group; however, only one name and address can actually appear on the policy declarations page as the policy holder. Endorsements /amendments to a policy must contain the policy number and corresponding identification with the first named insured /policyholder, i.e. United Technologies Corporation.