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HomeMy WebLinkAboutSCOTT FAZEKAS AND ASSOCIATES INC. 1aCity of Santa Ana Clerk of the Council AGREEMENT TERMINATION FORM Please complete this form when the attached agreement and all amendments (if any) are no longer in effect. Return form to the Clerk of the Council Office (M-30). The agreement with COTC Office Use Only tMG_7 r AN rpv�i' 6 H ttA r /y M of 0 Not # `) bb Z 2— lY 'L)P1 t$v'ls completed on � and final payment has been made. (List all amendments. Use space below if needed.) y� A 2©0 Department: Phone/Ext. Signature: Date: Revised 0412-10 INSURANCE ON i I� L A-2008-295-001 WORK MAY PROLECC,' UNTIL INSURANCE EXPIRE , CLERK OF 000N I _ l FIRST AMENDMENT TO AGREEMENT 6' THIS FIRST AMENDMENT TO AGREEMENT is entered into on May 13, 2010, by and between Scott Fazekas & Associates, 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"). ct RECITALS: A. The parties entered into Consultant Agreement A-2008-295, dated November 17, 2008, (hereinafter "said Agreement") by which Consultant has provided building plan review services. + B. After the execution of said Agreement, City adopted a new fee structure for building and planning services, including the format and scale of plan review fees. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the compensation structure set forth in said Agreement. 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 by the following: "a. City agrees to pay, and Consultant agrees to accept as total payment for its services, thirty-five percent (35%) of the applicable plan check fee charged by City. The total sum to be expended for Plan Check services by all Consultants during the term of this Agreement shall not exceed the $120,000.00 aggregate amount approved by City Council on November 17, 2008." 2. Exhibit A, SCOPE OF SERVICES, item 14, shall be amended to read in full as follows: "14. Consultant fee for review services to be 35% of the City of Santa Ana Plan Check Fee." 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. ATTEST: MARIA D. HUIZAR Clerk of the Council APPROVED AS TO FORM: JOSEPH W.FLETCHER City Attorney By: i l La 4 a Sheedy _ Assistant City Attorney ` RECOMMENDED FOR APPROVAL: iS�QV�INO Executive Director — Planning and Building Agency CITY OF SANTA ANA DAVID N. REAM City Manager SCOTT FAZEKAS & ASSOCIATES, INC. SCOTT FAZEKA President 07 DATE (MM/DD/YYYY) AGORD,. CERTIFICATE OF LIABILITY INSURANCE P144 dfCiZ 05/29/2009 )DUCER (619) 574-6220 FAX (619) 574-6288 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION isurance Office of America, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE 3A IOA Insurance Services ►75 Hancock Street, Ste. 180 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. in Diego, CA 92110 INSURERS AFFORDING COVERAGE NAIC # )RED Scott Fazekas & Associates, Inc. 9 Corporate Park Drive Irvine, CA 92606 INSURERA: Travelers P&C CO. of America 25674 INSURERS: One Beacon America Ins. Co. INSURERC: Beazley Ins Co 37S40 INSURER D: INSURER E: -� rvULAr-0 Ur 1140ur ANLA: LIS I kIJ t)tLUVV HAVE BEEN ISSUED TO THE INSURED NAMED 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 LAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH OLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OD TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE 06/OS/2009 POLICY EXPIRATION 06/0S/2010 LIMITS GENERAL LIABILITY 68022S21_18A EACH OCCURRENCE $ 1 000,00 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 300' 00 01 CLAIMS MADE OCCUR MED EXP (Any one person) $ 5 DO PERSONAL & ADV INJURY $ 1,000,00( GENERAL AGGREGATE $ 2 , 000 , 00 GEN'L AGGREGATE LIMIT APPLIES PER: RO-ECT PRODUCTS - COMP/OP AGG $ 2 DUD 00 POLICY X LOC AUTOMOBILE LIABILITY 68022S21_18A 06/05/2009 06/OS/2010 ANY AUTO COMBINED SINGLE LIMIT (Ea accident) $ Include ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per person) $ X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY (Per (Par accident) X X No Co. Owned Autos PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO THAN EA ACC $ HOTHER AUTO ONLY: AGG S EXCESSfUMBRELLA LIABILITY X OCCUR CUP6S27Y301 06/05/2009 06/OS/2010 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 CLAIMS MADE S DEDUCTIBLE $ X RETENTION $ WORKERS COMPENSATION AND 406017/2010XWCSTATU- OTH- EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? If yes, describe under E.L. DISEASE - EA EMPLOYEE $ 1,000,000 SPECIAL PROVISIONS be!ovr E.L. DI EASE -POLICY LIMIT $ 1,000,000 �oessional V15THZ09PNPA Liability 06/05/2009 06/05/2010 $1,000,000 each claim laims Made $1,000,000 aggregate 320, 000 deductible CRIPTION OF OPERATIONS / LOCATIONS /VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS All Operations of the Named Insured y of Santa Ana, its officers, employees, volunteers, representatives and agents are tificate holders and additional insured per the attached endorsment. day notice of cancellation applies for non payment of premium. DTICIr ATC U^1 - City of Santa Ana Tonia Zerba 20 Civic Center Plaza (M20)UPWVED AS P.O. Box 1988 / s Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL //��* �30� DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, F�Y[JA�ILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE ORD 25 (2001/08) Assi ,t�.9f It Ci`y '' Uorney ©ACORD CORPORATION 1988 COMMERICAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART A. The following is added to WHO IS AN INSURED (Section 11): Any person or organization that you agree in a B "contract or agreement requiring insurance" to in- clude as an additional insured on this Coverage Part, but only with respect to liability for "bodily in- jury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omis- sions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing opera- tions; b. In connection with premises owned by or rented to you; or c. In connection with "your work" and included within the "products -completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury", "property damage" or "personal injury" for which that per- son or organization has assumed liability in a con- tract or agreement. The insurance provided to such additional insured is limited as follows: d. This insurance does not apply on any basis to any person or organization for which cover- C. age as an additional insured specifically is added by another endorsement to this Cover- age Part. e. This insurance does not apply to the render- ing of or failure to render any "professional services". f. The limits of insurance afforded to the addi- tional insured shall be the limits which you agreed in that "contract or agreement requir- ing insurance" to provide for that additional insured, or the limits shown in the Declara- tions for this Coverage Part, whichever are less. This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section III) for this Coverage Part. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section 1V): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Cov- erage Part must apply on a primary basis, or a primary and non-contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such addi- tional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury" or "property damage" for which coverage is sought occurs; and (2) The "personal injury" for which coverage is sought arises out of an offense committed; after you have entered into that "contract or agreement requiring insurance". But this insur- ance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured when the insured is an additional insured under any other insurance. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CON- DITIONS (Section IV): We waive any rights of recovery we may have against any person or organization because of payments we make for "bodily injury", "property damage" or "personal injury" arising out of "your work" performed by you, or on your behalf, under a "contract or agreement requiring insurance" with that person or organization. We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insur- ance" with such person or organization entered into by you before, and in effect when, the "bodily APPROVED AS TO FORK CG D3 81 09 07 ® 2007 The Travelers Companies, Inc. ] Page 1 of 2 Includes the copyrighted material of Insurance Services Office, In _NJ � Isi� F filet Assratant Cii,y ,`ittorney COMMERICAL GENERAL LIABILITY injury" or "property damage" occurs, or the "per- sonal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement un- der which you are required to include a person or organization as an additional insured on this Cov- erage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal in- jury" is caused by an offense committed: a. After you have entered into that contract or agreement; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period 11 MOVED AS TO FOPM _NJA 1 K(A' MAN Chief Assistant tant City ,Attorney Page 2 of 2 © 2007 The Travelers Companies, Inc. CG D3 81 09 07 Includes the copyrighted material of Insurance Services Office, Inc., with its permission.