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HomeMy WebLinkAboutT & B PLANNING 4A -2010WA A-2010-040-01 Nh`uRANt" 0? r ,NO RK MA`s PRC c i tR CCr7?`-'4`Jji FIRST AMENDMENT TO AGREEMENT THIS FIRST AMENDMENT TO AGREEMENT is entered into on February 23, 2011, by and between T&B PLANNING, 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"). RECITALS: A. The parties entered into that certain Agreement A-2010-040, dated March 1, 2010, (hereinafter "said Agreement") by which Consultant has provided an environmental study and related technical reports related to the City's San Lorenzo Sewer Lift Station Project. B. The Project has been contested, requiring the preparation of an additional focused traffic analysis. C. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Scope of Services to provide the necessary additional studies and increase compensation to pay for additional services. 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 1, SCOPE OF SERVICES, shall be amended to provide that Consultant shall provide the following additional analyses: a. Traffic analysis on Bristol Street north of Segerstom Avenue, including: 1. Evaluate the potential impact and/or closure temporal restrictions required to avoid an impact associated with the potential closure of one or more lanes on South Bristol Street more than 300 feet north of West Segerstom Avenue. 2. Prepare a supplemental analysis letter summarizing the findings of the supplemental analysis completed in Task 1. 3. Provide up to three (3) hours of Principal time to participate in the ongoing environmental process, including review of materials, discussions with the project team, and / or providing input to the team. b. Additional alternative site analysis in response to objections to the Final EIR for the San Lorenzo Sewer Lift Station. Section 4, COMPENSATION, shall be amended to increase compensation by $8,000, to pay for the additional services set forth above. The Traffic Analysis will be billed on a time and materials basis with a not to exceed amount of $2,800.00. Additional alternative site analysis will be billed on a time and materials basis, not to exceed $5,200.00. The total compensation pursuant to said Agreement shall not exceed amount $95,274.00. 3. Except as hereinabove amended, all terms and conditions of said Agreement shall remain in full force and effect. // 16 IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Agreement on the date and year first written above. T&B PLANNING, INC. ATTEST: MARIA D. HUIZAR Clerk of the Council CITY OF SANTA ANA 1.zt. 0"0?0 DAVID N. REAM City Manager APPROVED AS TO FORM: JOSEPH STRAKA Interim City Attorney By- AA?dz&, Laufa Sheedy Assistant City Attorney i L MORSE , /Di*l5? RECOMMENDED FOR APPROVAL: RAUL GODINEZ II EXECUTIVE DIREC - PWA CAI ORO TM CERTIFICATE OF LIABILITY INSURANCE Date /1/201DnrR) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS„CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Heffernan Insurance Brokers NAME: License No. 0564249 A/CONo,Ext: 714-997-8100 FAX No : 714-460-9935 JC, 1855 W. Katella Ave., Ste 255 EMAIL Oran CA 92867 e ADDRESS: g , INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casual Co 25674 T & B Planning INSURER B: Travelers Indemnity Co of America 17542 E. 17' St. Ste 100 INSURER C: Continental Casual Co. 20443 , Tustin CA 92780 IN-CURER D: , INSURER E: INSURER F: GOVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR 7ypE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD MM/DD MM/DD GENERAL L LIABILITY EACH OCCURRENCE $2,000,000 A X COMMERCIAL GENERAL LIABILITY 680708OP051 02/01/11 02/01/12 DAMAGE TO RENTED $1 000 000 PREMISES (Ea occurrence) , , B CLAIMS-MADE I "I OCCUR 680708OP536 02/01/11 02/01/12 MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GENERALAGGREGATE $4,000,000 GEN'L. AGGREGATE LIMIT APPLIES PER PRODUCTS -COMP/OP AGG $4,000,000 POLICY X PROJECT LOC $ A AU TOMOBILE LIABILITY 680708OP051 02/01/11 02/01/12 COMBINED SINGLE LIMIT $Incl in GL (Ea accident) B ANY AUTO 680708OP536 02/01/11 02/01/12 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODI LY I NJURY(Per accident) $ X HIREDAUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS (Per accident) X UMBRELLA LIAR OCCUR CUP708OP616 02/01/11 02/01/12 EACH OCCURRENCE $2,000,000 A EXCESS LAB CLAIMS-MADE AGGREGATE $2,000,000 DEC) X RETENTION $0 $ WORKERS COMPENSATION WC STATU- OTH- X AND EMPLOYERS' LIABILITY - Y/N TORY LIMITS ER A ANY PROPRIETORPARTNERiEXECUTIVE/ OFFICER/MEMBEREXCLUDED? UB3393T344 02/01/11 0 / E.L. EACH ACCIDENT $1,000,000 (Mandatory in N.H.) N 2 01/12 E L DISEASE - EA EMPLOYEE $1 000 000 If es describe under DESCRIPTION OF . . , , y , OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 C Professional Liability MCA288294144 09/20/10 09/20/11 Per Claim $1,000,000 Aggregate $2,000,000 DESCRIPTION OF OPERATIONS/ LOCATIONS/ VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Projects as on file with the insured including but not limited to San Lorenzo Lift Station & San Lorenzo Lift Station MND. City of Santa Ana is named as additional insured on eneral liability policy-see attached endorsement. CERTIFICATE HOLDER CANCELLATION City of Santa Ana i ? ^ =1r ; ;. x k , SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH Public Works Agency Corporate Yard M-84 THE POLICY PROVISIONS. , 220 S. Daisy Ave. AUTHORIZED REPRESENTATIVE Santa Ana, CA 92703 __WM" `V t`V'urVUr ©1-8-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NO.: 680708OP051/680708OP536 COMMERCIAL 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 II): Any person or organization that you agree in a "contract or agreement requiring insurance" to include as an additional insured on this Coverage Part, but only with respect to liability for "bodily injury", "property damage" or "personal injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations; 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 person or organization has assumed liability in a contract 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 coverage as an additional insured specifically is added by another endorsement to this Coverage Part. e. This insurance does not apply to the rendering of or failure to render any "professional services". f. The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance" to provide for that additional insured, or the limits shown in the Declarations 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. B. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a "contract or agreement requiring insurance" that the insurance provided to an additional insured under this Coverage 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 additional 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 insurance 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. C. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (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 insurance" with such person or organization entered into by you before, and in effect when, the "bodily CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. F injury" or "property damage" occurs, or the "personal injury" offense is committed. J D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the "bodily injury" and "property damage" occurs, and the "personal injury" 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. CG D3 81 09 07 © 2007 The Travelers Companies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission.