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HomeMy Public PortalAboutC-19-018 - P.A. Arca Engineering Amendment No. 2, On-Call Engineering ServicesAMENDMENT NO.2 TO AGREEMENT FOR CONTRACT SERVICES THIS AMENDMENT TO THE AGREEMENT FOR CONTRACT SERVICES '� ("Amendment No. 2'� by and between the City of Carson, a California municipal corporation ("City") and P.A. Arca Engineering, a California corporation ("Consultant") is effective as of the 61day of October, 2020. v RECITALS A. City and Consultant entered into that certain Agreement for Contractual Services dated April 2, 2019 ("Agreement") whereby Consultant agreed to provide On -Call Engineering Services. B. City and Consultant amended the Agreement on April 26, 2019 ("Amendment No. I") to decrease the Contract Sum from Five Hundred Thousand Dollars ($500,000.00) to Two Hundred Fifty Thousand Dollars ($250,000.00). C. City and Consultant now desire to again amend the Agreement to increase the Contract Sum from Two Hundred Fifty Thousand Dollars ($250,000.00) to Five Hundred Thousand Dollars (500,000.00), and to extend the term by one (1) additional year until June 30, 2022. TERMS L Contract Changes. The Agreement is amended as provided herein (new text in bold italics and deleted text in stFikethfeag#). A. Section 2. 1, "Contract Sum," of the Agreement, is hereby amended to read in its entirety as follows: "Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total compensation, including reimbursement for actual expenses, shall not exceed Five Hundred Thousand Dollars ($500,000.00) (the "Contract Sum' }, unless additional compensation is approved pursuant to Section 1.8." B. Exhibit B, Section II, amending Section 2. 1, "Contract Sum," of the Agreement, is hereby amended to read in its entirety as follows: "Subject to any limitations set forth in this Agreement, City agrees to pay Consultant the amounts specified in the "Schedule of Compensation" attached hereto as Exhibit "C" and incorporated herein by this reference. The total -1- 01007.0OW672012 1 compensation, including reimbursement for actual expenses, shall not exceed Two HtmdFeFfty Thousand _Pell ,..r ($250,990Five Hundred Thousand Dollars ($500,000) (the "Contract Sum'), unless additional compensation is approved pursuant to Section 1.8 or subsequently approved by the City Council." C. Exhibit C, Section IX, of the Agreement, is hereby amended to read in its entirety as follows: "The total compensation for the Services shall not exceed $260-004500,000 for the term of this Agreement, as provided in Section 2.1 of this Agreement, and as amended in Exhibit B." D. Exhibit D, Section I, of the Agreement is hereby amended to read in its entirety as follows: "From April 2, 2019 through ime 30, 202+ June 30, 2022, Consultant shall provide Services on an on-call basis as set forth in Exhibit A." 2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement and Amendment No. I shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2 and Amendment No. 1. 3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement and Amendment No. 1. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein and Amendment No. 1. Each party represents and warrants to the other that the Agreement, as amended by Amendment No. 1 and this Amendment No. 2, is currently an effective, valid, and binding obligation. Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement. 4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2. 01007.00061672012.1 5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON FOLLOWING PAGE] .3- 01007 0006/672012.1 IN WITNESS WHEREOF, the parties bereto have executed this Amendment No. 2 on the date and year first-abo CITY: CH Y OF CARS N, a muni] Albert Robl , Mayor ATTFS ----- DonesiabzuseAldana, ity Cl APPROVED AS TO FORM: ALESHIRE & WYNDER, LLP Sunny K. Soltani, City Attorney W11 CONSULTANT' P.1 By By Title: Secretary Address_ 500 E_ Carson Street Carson, CA 90746 Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: i) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Obiter or any Assistant Treasurer. CONSULTANT'S SIGNATURES SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT'S BUSINESS ENTITY. �4- oiaazooar*-rzo1zt CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES L 1, ...I f u h t `C' �,cv�r� n Awa On OC{pjy�tr , 2020 before me, Irr 0"' , personally appeared 2rkc-to F . proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and fficial se ANTHONY RICHARD VEUtSQUEZ Notary Public • California Signature: Los Angeles County CommWicn N 2715292 My Comm. Expires Dec 71, 2023 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form, CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LINIITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01007.00061672012 1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT THAN NAMED ABOVE CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT J A notary public or other officer completing this certificate verifies only the identity of the individual who signed Ithe document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. STATE OF CALIFORNIA COUNTY OF LOS ANGELES 1,3m W'i �taSQ.I,.p z, On oc�tuMlr 13 , 2020 before me, pni � `VcWd .personally appeared D en,''; /A-r[ct proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. L1% Y RICHARD A lfwmlk oury Public - UHtarnla Signature: LosAn"IesCounty _ gn Cornmisston / 2315292 Comm. Exvires Cec 31, 2023 OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. 01007.0006/672012.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT GNER(S) OTHER THAN NAMED ABOV CAPACITY CLAIMED BY SIGNER ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE(S) ❑ PARTNER(S) ❑ LIMITED ❑ GENERAL ❑ ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR ❑ OTHER SIGNER IS REPRESENTING: (NAME OF PERSON(S) OR ENTITY(IES)) 01007.0006/672012.1 DESCRIPTION OF ATTACHED DOCUMENT TITLE OR TYPE OF DOCUMENT NUMBER OF PAGES DATE OF DOCUMENT GNER(S) OTHER THAN NAMED ABOV .a►coRrD® CERTIFICATE OF LIABILITY INSURANCE DATE( 6.-30;202030;202YYYY} 0:2020 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(les) must be endorsed. 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). PRODUCER turilaL.1 NAME: Matt Cowan FAX A1C po Ext ; (310j 361-5630 (AfC, No): 888-5608728 Julian Summers Insurance ADDRESS: Icrri(Rjuliansummcrs corn 5155 W Rosecrans Avenue Suite 205 INSUR£R(S) AFFORDING COVERAGE NAIL tl Hawlltornc CA 90250 INSURER A; Truck Insurance Fxchangc 21709 License 401',38105 INSURED INSURER 8; Mid•Ccniury Insurance Company 21687 PCRFFCTO A. ARCA INSURER C: dba P A. ARCA rNGTNEERING, INC. INSURER D: 500 E. CARSON PLAZA DR. INSURER E: CARSON CA 90746 INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER! THIS IS TO CERTIFY THAT 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 LTR TYPE OF INSURANCE INSD YWyp POLICY NUMBER MWDDIYYYY) (MMIDDIYYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 CLAIMS -MADE © OCCUR PREMISES (Ea occurrence) $ 75,000 MED EXP (Any one person) S 5,000 PERSONAL d ADV INJURY S Included A Y Y 60488-13-19 07'0 a 2020 02.'01!2021 GEN'LAGGREGATE LIMIT APPLIESPER GENERAL AGGREGATE S 2,000,000 Et° LOC POLICY E J PRODUCTS - COMP/OP AGG S 1,000,000OU,uoa S OTHER' AUTOMOBILE LIABILITY $ 1,000,000 (t) BODILY INJURY (Per person) S ANY K ANY AUTO A AUTOS TOSCHEDULED AUTOS Y Y 60488-13-19 02!01;2020 0? 01 2021 BODILY INJURY (Per accident) $ KHIRER AUTOS v NON -OWNED I� AUTOS !Per accident) S S X UMBRELLA UAB OCCUR EACH OCCURRENCE $ 2,000,{KNl AGGREGATE $ A EXCESS LUIS CLAIMS -MADE 60488-7047 Follows GL Form 02!0112020 02/01/2021 DED RETENTIONS $ B[,,FS6 ORKERS COMPENSATION D EMPLOYERS' LIABILITY NY PROPRIETORIPARTNERIEXECUTIVE YIN FICERIMEMBEREXCL.UDED7 �Y andatory In NH) N!A Y A0949-11-21 07101+2020 07'01 2021 ti - K STATUTE ER LL EACH ACCIDENT S 1,000.000 L L DISEASE - EA EMPLOYEE S 1,000,000 esdescribe under RIPTtON OF OPERATIONS below E L DISEASE - POLICY LIMIT S 1,000.000 A Business Personal Property -Special Form 60488-13-19 � � � 0_101;_0_0 � � 02.'0 1'_0-I $306,000 DESCRIPTION OF OPERATIONS 1 LOCATIONS 1 VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached H more space Is required} City of Carson, its elected and appointed officers, cmployccs,voluntcers and agents arc named as additional insured on GL and Auto politics. GL policy is Primary and Non -Contributory. 30 days notice of cancellation CERTIFICATE HOLDER CANCELLATION fl ��, �P SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 1!� THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN CITY OF CARSON ACCORDANCE WITH THE POLICY PROVISIONS. J 701 E CARSON ST AUTHORIZED REPRESENTATIVE CARSON CA 90745 1.0/1-q/2020 01988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014101) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ ITCAREFULLY, POLICYNUMBER: 604881319 17238 Ah1 st Edition FARMERS INSURANCE ADDITIONAL INSURED -- DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COVERAGE FORM APARTMENTOWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured PersonWs 0-rOrganization(s): C T ZFC= Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. The following is added to Paragraph C. Who Is An Insured of the applicable Coverage Form: Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations or in connection with your premises owned by or rented to you. However; a. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and b. If coverage provided to the additional insured is required by a contractor agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Paragraph D. Lfabillity And Medical Expenses Limits Of Insurance of the applicable Coverage Form: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance; 1. Required by the contractor agreement; or 2. Available under the applicable Limits Of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. This endorsement is part of your policy. It supersedes and controls anything to the contrary- It is otherwise subject to atl the terms of the policy. J7238-ED102-19 4ricludescopyr'ghtedmateria I of Insurance Services Office, Inc., with its Permission. Page 1 of 1 937238 J7238101 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. POLICY NUMBER: 604881319 FARMERS INSURANCE ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BUSINESSOWNERS COVERAGE FORM APARTMENTOWNERS LIABILITY COVERAGE FORM CONDOMINIUM LIABILITY COVERAGE FORM SCHEDULE Name Of Additional Insured 3'erson(s) Or Orcianization(s' CITY OF CARSON 17239 1st Edition Location(s) Of Covered Operations Information required to complete this Schedule, if not shown above, will be shown in the Declarations, A. The following is added to Paragraph C. Who Is An Insured of the applicable Coverage Form: Any person(s) or organization(s) shown in the Schedule is also an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: a. The insurance afforded to such additional insured only applies to the extent permitted bylaw; and b. If coverage provided to the additional insured is required by a contractor agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project_ C. With respect to the insurance afforded to these additional insureds, the following is added to Paragraph D. Liability And Medical Expenses Limits Of Insurance of the applicable Coverage Form: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contractor agreement. or 2. Available under the applicable Limits Of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits Of Insurance shown in the Declarations. This endorsement is part of your policy. It supersedes and controls anything to the contrary, It is otherwise subject to all the terms of the policy. j7239 -ED 1 02-19 Includes copyrighted material of Insurance Services Office, Inc,, with its permission Page 1 of 1 937239 J7239101 POLICY NUMBER 60:1881319 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following, BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form_ This endorsement changes the policy effective on the inception date of the policy unless another date is indi- cated below. Endorsement Effective: Countersigned By: 02/01/2020 Named Insured: P.A.ARCA ENGINEERING, INC. Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): CITY OF CARSON CITY OF CARSON (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who its An Insured Provision contained in Section 11 of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 Page 1 of 1 0 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. FARMERS INSURANCE CHANGES IN TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modiFcs insttrattce provided under the following: BUSINF,SS AUTO COVI.:RACI, I:OIW CAItAC1:COVIARACE I.OILM 'l'RUCKLI6 COVF11AC,1, f010I E3153 1 st Edition With respect to coverage provided by this endorsement, the provisions of the Coverage l;ornt apply unless modified by the endorsement. This endorsement changes the plicy effective ort the inception date of the policy= unless another date is indimiccl below. FEndorsetnent. I;f wive: Countersigned B}: — - -- - I 04/09/19 -- I Named Insured: P . A . ARCA ENGINEERING, INC . ' (Authori xxi Representative) SCHEDULE Name Of Person(s) Or Organization(s): iCITY OF CARSON Additional Premium! S (If no entry appears above, information required to complete this endorsement will be shown in the Declarations a_s applicable to this endorsement.) '1'hc 1'ransfer Of Itights Of Recovery Ag.tinst Other 'Io Us Condition dues not apply to the person(%) or organization(s) shown to the Schedule We will retain the additional premium shown alxtve, regardless of arty early termination of this endorsetnent or the policy. '['his endorsement is part of your policy. It supersedes Intl controls anything to the contrary. It is otherwise subject Io all the terms of the policy. 41.3153 IST[BION 646 E3ION Fogs 1 d I [31MI WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 31 (Ed. 6-201 BLANKET WAIVER OF OU R RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy, We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires yo ii to obtain this agreement from us.) The additional premium for this endorsementshallbe 3 %of the California workers compeosationpterniumotherwise due on such remuneration, subject to a minimum charge of 250 All written contracts in the state(s) of: CA This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement Is issued subsequent to preparation of the policy.) Endorsement Effective 07/01/2020 Policy No_ A0949-11-21 Endorsement No. Insured P.A. ARCA ENGINEERING, INC Insurance Company MID-CENTURY INSURANCE COMPANY Countersigned By WC 99 06 31 (Ed, 6-20) rnciudes copyright material of the Workers Compensation Insurance Rating Bureau of California. All rights reserved_