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W. KOO & ASSOCIATES 3B
R City of Santa Ar- Clerk of the Count... AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effeWit O ) r I FH LIP 0 Return form to the Clerk of the Council Office (M-30).. Call 647-6520 if you have any questions. C� { T ; 0, 7 fk ------------------------------------------------------------------------------------------ --------------------- The agreement with VA Woo o— 74,SSocJa ns( Pgs-9-_i A No. �r)0_ — O/ 2. —© 2C1 6! /n d/ C2 S C, was completed on Ib 0/ and final payment has been made. //�� Department: 9 �% � — �[/p Slrt Ct . Phone/Ext.: Signature: Date: &2 Revised 12-07-07 INSURANCE ON SILL WORK MAY PROCEED UNTIL. INSURANCE EXPIRES f 4n CLERK OF COUNCIL riATF V 2.-5--oct SECOND AMENDMENT TO AGREEMENT A-2005-012-02 THIS SECOND AMENDMENT is made and entered into this 20th day of May 2009, by and between W. Koo & Associates, a division of PBS&J ("Consultant") and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). -4- --,% �7` RECITALS A. The Parties entered into Agreement A-2005-012, dated January 18, 2005, hereinafter referred to as "said Agreement", to provide structural plans, specifications and estimates for three City bridges and a cantilever bike trail structure. B. By Amendment A-2005-012-01, dated May 17, 2006, the Parties agreed to extend the term of said Agreement. C. The Parties hereto now desire to amend the Fee Schedule to provide a fee increase, to complete construction support for the Projects, without increasing the total cost of the Projects. 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 agree as follows: Section 2.a., "COMPENSATION", shall be deleted in its entirety and replaced with the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in the Cost Proposal, attached to said Agreement as Exhibit B. Notwithstanding the foregoing, the Parties agree that, effective on the execution of this Amendment to Agreement, the fees charged by Consultant for construction support, shall be increased to correspond to the fee schedule attached hereto as Exhibit B-1, and incorporated by this reference. The total sum to be expended under this Agreement shall not exceed $303,160.00 during the term of this Agreement." 2. 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 Second Amendment to Agreement the date and year first above written. ATTEST: Alt PATRICIA E. HEALY Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: cL- L z Laura'Sheedy Assistant City Attorney RECOMMENDED FOR Director — Public Works Agency CITY OF SANTA ANA DAVID City Manager W. KOO & ASSOCIATES, a Division of PBS&J �eYvt) (Name) (Title) V 1 ' EXHIBIT "B" I Hourly Rates for PBSU Year 2009-2012 Santa Ana Bridge Rehabilitation and Bike Trail Structure Design Services - agreement A-2005-012 BILLING INFORMATION CALCULATION INFORMATION Name/Classification Hourly Billing Rates Straight Effective Date of hourly rate From To % or $ Increase Principal In Charge $ 227.68 01/01/09 12/31/09 $ 239.06 01/01/10 12/31/10 5.0% $ 251.01 01/01/11 12/31/11 5.0% $ 263.57 01/01/12 12/31/12 5.0% Project Manager $ 216.15 01/01/09 12/31/09 $ 226.96 01/01/10 12/31/10 5.0% $ 238.31 01/01/11 12/31/11 5.0% $ 250.22 01/01/12 12/31/12 5.0% QA/QC Manager $ 204.62 01/01/09 12/31/09 $ 214.85 01/01/10 12/31/10 5.0% $ 225.60 01/01/11 12/31/11 5.0% $ 236.88 01/01/12 12/31/12 5.0% Sr. Engineer II $ 175.80 01/01/09 12/31/09 $ 184.59 01/01/10 12/31/10 5.0% $ 193.82 01/01/11 12/31/11 5.0% $ 203.51 01/01/12 12/31/12 5.0% Sr. Engineer 1 $ 144.10 01/01/09 12/31/09 $ 151.31 01/01/10 12/31/10 5.0% $ 158.87 01/01/11 12/31/11 5.0% $ 166.81 01/01/12 12/31/12 5.0% Assistant Engineer II $ 115.28 01/01/09 12/31/09 $ 121.04 01/01/10 12/31/10 5.0% $ 127.10 01/01/11 12/31/11 5.0% $ 133.45 01/01/12 12/31/12 5.0% Assistant Engineer 1 $ 95.11 1 01/01/09 12/31/09 $ 99.86 01/01/10 12/31/10 5.0% $ 104.85 01/01/11 12/31/11 5.0% $ 110.10 01/01/12 12/31/12 5.0% CAD Technician 11 $ 112.40 01/01/09 12/31/09 $ 118.02 01/01/10 1 12/31/10 5.0% $ 123.92 01/01/11 12/31/11 5.0% $ 130.11 1 01/01/12 12/31/12 5.0% CAD Technician 1 $ 92.22 1 01/01/09 12/31/09 $ 96.84 01/01/10 12/31/10 5.0% $ 101.68 01/01/11 12/31/11 5.0% $ 106.76 01/01/12 1 12/31/12 5.0% Administrator $ 80.70 01/01/09 12/31/09 $ 84.73 01/01/10 12/31/10 5.0% $ 88.97 01/01/11 12/31/11 5.0% $ 93.42 01/01/12 12/31/12 5.0% ACORO. CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YY) 09/16/08 PRODUCER 1-866-220-4625 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Holmes Murphy and Associates - Omaha ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 2637 South 158th Plaza HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR Suite 200 A el ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Omaha, NE 68130 INSURERS AFFORDING COVERAGE INSURED Post, Buckley, Schuh A Jernigan, Inc. INSURERA:Zurich American Insurance Com an /#16535 d/b/a 107 2001 NW 107th Avenue INSURER B: Zurich American Insurance Company / #16535 INSURER C: Steadfast Insurance Company/#26387 Miami, FL 33172-2507 Y� ��l �5 _ f _Z INSURER11: INSURER E: rnvFRA(.FR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING NY 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. ILTR NSR TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION POLICY NUMBERDATE IMM)Dn[YYJ LIMITS A GENERAL LIABILITY GLO 9139458-02 09/30/08 09/30/09 EACH OCCURRENCE is 1,000,000 P MMERCIAL GENERAL LIABILITY FIRE DAMAGE (An one fire) $ 1, 000, 000 CLAIMS MADE OCCURMED EXP (Any one person) $ 25,000tractual LiabilityPERSONALBADV INJURY $ 1,000,000 GENERALAGGREGATE $ 2, 000, 000GREGATE LIMIT APPLIES PER:�� n PRO- ��PRODUCTS-COMP/OPAGG IS 2,000,000 H AUTOMOBILE LIABILITY BAP 9139457-02 09/30/08 09/30/09 X ANY AUTO COMBINED SINGLE LIMIT (Ea accident) s2,000,000 ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS X NON -OWNED AUTOS ' BODILY INJURY (Per accident) $ X Contractual Liability �- PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY O AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ EXCESS LIABILITY AUC 508762104 AUTO ONLY: qGG 09/30/08 09/30/09 / $ CLAIMS MADE EACH OCCURRENCE S 25,000,000 tWO;tKERS AGGREGATE $25,000,000 BLE $ ON $ 0 $ MPENSATION AND WC 9139459-02 LIABILITY 09/30/08 09/30/09 g WCsrgrU- OTH- $ E.L. EACHACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 OTHER E.L. DISEASE -POLICY LIMIT $ 1, 000, 000 S 3 DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLESIEXCLUSIONS ADDED BY ENDORSEMENTISPEC1AL PROVISIONS S Re: A50550.05 4 A2005-012; Santa Ana Bridge Rehabilitation.d Insured Ia 1 des: W. Roo Associates Inc a division of PHSXJ. The City of Santa Ana, Public Works Agency"^tl oL Oran a COua with respect to the operations of the insured on the above project, g y on ♦Z�J� IIe iability CERTIFICATE HOLDER ADDITIONAL INSURED; INSURER LETTER: CANCELLATION Santa Ana, City of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION Public Works Agency DATE THEREOF, THE ISSUING INSURER WILL �K'�MAIL 90 Attn: Mindy Ly NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, DAYS WRITTEN 20 Civic Center Plaza X� Santa Ana, CA 92702 j(�fdC$%(X XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX USA AUTHORIZED REPRESENTATIVE ACORD 25S (7/97) ganderson 9771538 (aACORD CORPORATION 1988 Certificate Delivery by CertificatesNow - www.Confirm Net, corn - 877.669.8600 / J J 7 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. (7/97) J Additional Insured — Automatic - Owners, Lessees Or 0 Contractors - Broad Form Z U R I C H Named Insured: Post, Buckley, Schuh & Jernigan, Inc. d/b/a/ PBS&J Pulicy No. Eli: Date of P.I. Exp4Dc of Pol Ef. . Date of End GL09139458-02 09/30/UR mo PCOducerAdd I Prern Retum Prom__ I / � I v"9/3u"iva 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 II) 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 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: 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 organization 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- tional insured; or 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 Includes copyrighted material of Insurance Services office, Inc. with its permission. U-GL-I 175-A CW tgof2 Page I of 2