FIRST AMENDMENT TO AGREEMENT
This FirstAmendmentof the Agreement,entered intothis 10 day of aJt/a£ . 2020 (the "Effective Date"), by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "City"), and CDM Smith, Inc., a Massachusetts corporation, whose address is 220 Montgomery Street, Suite 1418, San Francisco, CA 94104 (hereinafter "Provider"), is made with reference to the following:
RECITALS:
A. On December 18, 2018, an agreement was entered into by and between City and Provider (hereinafter "Agreement") in an amount not to exceed $600,301.00.
B. City and Provider desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows:
1. Thefirst paragraphof Section1("Term")ofthe Agreementismodifiedto read as follows:
"The term ofthis Agreementshall commenceon the 18thday ofDecember2018, and shallterminateon the 30thday of June2022, unlessterminatedearlieras setforth herein."
2. Exceptasexpresslymodifiedherein,allothertermsand covenantssetforth inthe Agreementshall remainthe same and shall be infull force andeffect.
Signatures onfollowing page
ClementAvenueSafetyImprovementProject- CDMSmith,Inc. Page 1of2 June 2020
IN WITNESS WHEREOF, the parties have caused this modification of Agreement to be executed on the day and year first above written.
CDM SMITH, INC.
A Massachusetts Corporation
William E. Hurrell, P.E.
Vice President
CITY OF ALAMEDA
A Municipal Corporation
Thomas
fanning,BuildingandTransportation
)irector
APPROVED AS TO FORM:
City Attorney
Celena H. Chen
Chief Planning Counsel
ClementAvenueSafety ImprovementProject- CDMSmith,Inc.
June 2020
CDM .
Smlin
75 State Street, Suite 701
Boston, Massachusetts 02109
tel: 617 452-6000
CERTIFICATE
I, Mario J. Marcaccio, Clerk of CDM Smith Inc., a Massachusetts coiporation, hereby certify that William E. Hurrell, holds the position of Client Service Leader which entitles Mr.
Hurrell to execute, and deliver proposals, contracts and agreements for the performance of professional services in the name and on behalf of CDM Smith Inc. with a value up to $1 million.
Furthermore, Mr. Hurrell may be delegated authority to execute proposals, contracts and agreements for theperformance ofprofessional services in the name and on behalf of CDM Smith Inc. in excess of $1 million.
I further certify that the foregoing is consistent with the Contract Signing AuthorityPolicy and with the By-laws ofthe said corporation.
IN WITNESS WHEREOF, I have executed this certificate and have caused the corporate seal of CDM SmithInc. to behereunderaffixedonthis 27th day ofMarch2018. &'<&- •?<?% Clerkofthe Coiporation
* / V %
I ( 1070 ]|
Hurrell, William-Alameda- March 2018.docx
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WATER + ENVIRONMENT+TRANSPORTATION + ENERGY+FACILITIES
M.
^e§^° CERTIFICATEOF LIABILITYINSURANCE
DATE(MM/DD/YYYY)
12/23/2019
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 ADDITIONALINSURED, the policy(ies) must have ADDITIONALINSURED provisions or be endorsed. If SUBROGATIONIS 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
Aon Risk Services Northeast, Inc.
Boston MA Office
53 State Street
Suite 2201
Boston MA 02109 USA
CONTACT
NAME:
$CNNo.Ex.): <866> 283"7122 F*C.No.): 800-363-0105
E-MAIL
ADDRESS:
INSURER(S) AFFORDING COVERAGE NAIC#
INSURED
CDM Smith inc.
75 State Street, Suite 701
Boston MA 02109 USA
insurer A: LM Insurance Corporation 33600
insurerb: Liberty insurance Corporation 42404
insurerC: Liberty Mutual Fire Ins Co 23035
insurerd: Lloyd's Syndicate No. 2623 AA1128623
insurer E: Commerce & Industry Ins Co 19410
INSURER F:
COVERAGES CERTIFICATE NUMBER: 570079724060 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 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, EXCLUSIONSAND CONDITIONSOFSUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. Limitsshown areas requested (NSn
LTR TYPE OF INSURANCE ADDL
INSD
SUBR
WVD POLICY NUMBER POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY) LIMITS
B X COMMERCIAL Gf NERAL LIABILITY
3E fx~\ OCCUR
TB7611B8T8Z6040 01/01/2056 01/01/2051 EACH OCCURRENCE $2,000,000 ~| CLAIMS-MA DAMAGE TO RENTED
PREMISES (Ea occurrence! $1,000,000
MED EXP (Any one person) $10,000
PERSONAL 8 ADV INJURY $2,000,000 o
CD
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000 CU.
POLICY L_XJ™T [^CJLOC
OTHER:
PRODUCTS - COMP/OPAGG $4,000,000 en
r--
o
o
C AUTOMOBILE LIABILITY AS2-611-B8T8Z6-060 01/01/2020 01/01/2021 COMBINED SINGLE LIMIT (Ea accident) $2,000,000
LO
X ANY AUTO BODILY INJURY ( Per person) o
7 OWNED
AUTOS ONLY
HIRED AUTOS
ONLY
SCHEDULED
AUTOS
NON-OWNED
AUTOS ONLY
BODILY INJURY (Per accident) 0)
PROPERTY DAMAGE
(Per accident)
o
**—
r
<u
UMBRELLA LIAB
EXCESS LIAB
OCCUR
CLAIMS-MADE
EACH OCCURRENCE O
AGGREGATE
DED | |RETENTION
A
A
WORKERS COMPENSATION AND
EMPLOYERS'LIABILITY Y/f|
ANY PROPRIETOR1 PARTNER/ EXECUTIVE f—1
OFFICER/MEMBEREXCLUDED? "
(Mandatoryin NH) ' '
If yes, describe under
DESCRIPTION OF OPERATIONS below
N/A
WA561DB8T8Z6010
AOS
WC5611B8T8Z6020
WI
01/01/2020
01/01/2020
01/01/2021
01/01/2021
X PER STATUTE OTH-
FR
E.L. EACH ACCIDENT $1,000,000
EL. DISEASE-EA EMPLOYEE $1,000,000
E.L. DISEASE-POLICY LIMIT $1,000,000
^
DESCRIPTIONOFOPERATIONS/ LOCATIONS/ VEHICLES(ACORD101, Additional Remarks Schedule, may be attached If more space is required) Re: Clement Avenue Safety Improvements.
The City of Alameda, its City Council, boards, commissions, officials, employees and volunteers are included as Additional insured in accordance with the policy provisions of the General Liability and Automobile Liability policies. General Liability evidenced herein is Primary and Non-Contributory to other insurance available to an Additional Insured, but only in accordance with the policy's provisions. A Waiver of Subrogation is granted in favor of the city of Alameda in accordance with the policy provisions of the General Liability and Automobile Liability policies.
CERTIFICATE HOLDER
City ofAlameda
Building, Planning, and Transportation
Department, Attn: Gail Payne,
Senior Transportation Coordinator
2263 Santa Clara Avenue, Room 130
Alameda CA 94501 USA
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
*_>££»** t-V^Jaw <Js0t**i^ c~S%H/&abtf t-Srux
ACORD 25 (2016/03)
©1988-2015 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD
S
^
SKCOREX
AGENCY CUSTOMER ID: 10518329
L0C#:
ADDITIONAL REMARKS SCHEDULE
AGENCY
Aon Risk Services Northeast, Inc.
POLICY NUMBER
See Certificate Number: 570079724060
CARRIER
See Certificate Number: 570079724060
ADDITIONAL REMARKS
NAIC CODE
NAMED INSURED
CDM smith inc.
EFFECTIVE DATE:
Page __ of _
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of LiabilityInsurance INSURER(S) AFFORDING COVERAGE NAIC#
INSURER
INSURER
INSURER
INSURER
ADDITIONALPOLICIES ^ aP°^cyDel°wdoes notincludelimitinformation,refertothecorrespondingpolicyontheACORD certificate form for policy limits.
INSR
LTR TYPE OF INSURANCE
ADDL
INSD
SUBR
WVD
POLICY NUMBER
POLICY
EFFECTIVE
DATE
(MM/DD/YYYY)
POLICY
EXPIRATION
DATE
(MM/DD/YYYY)
LIMITS
WORKERS COMPENSATION
B N/A WA761DB8T8Z6030
MA & PR
01/01/2020 01/01/2021
OTHER
D Archit&Eng Prof PSDEF2000033
Professional/Claims Made
01/01/2020 01/01/2021 Each Claim $1,000,000
Aggregate $1,000,000
© 2008 ACORD CORPORATION. All rights reserved.ACORD 101 (2008/01) The ACORD name and logo are registered marks of ACORD
AGENCY CUSTOMER ID: 10518329
LOC#:
yXCORiCX
ADDITIONAL REMARKS SCHEDULE
AGENCY
Aon Risk services Northeast, inc.
POLICY NUMBER
See Certificate Number: 570079724060
CARRIER
See Certificate Number: 570079724060
ADDITIONAL REMARKS
NAMED INSURED
CDM smith inc.
EFFECTIVE DATE:
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance Professional Liab Policy # PSDEF2000033
Beazley (Syndicates 2623/0623) - 37.5%
BRIT (Syndicate 2987) - 31.25%
Ms Amiin (Syndicate 2001) - 12.5%
Munitus (Syndicate 4242) - 12.5%
Re/Rn (Syndicate 1458) - 6.25%
Page _ of _
ACORD 101 (2008/01)
The ACORD name and logo are registered marks of ACORD
© 2008 ACORD CORPORATION. All rights reserved.
POLICY NUMBER: TB7611B8T8Z6040 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - OWNERS, LESSEES OR
CONTRACTORS - SCHEDULED PERSON OR
ORGANIZATION
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
A. Section II - Who Is An Insured is amended to
include as an additional Insured the person(s) or
organization(s) shown in the Schedule, but only
with respect to liability for "bodily injury", "property damage" or "personal and advertising injury"
caused, in whole or in part, by:
1. Your acts or omissions; or
2. 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:
1. The insurance afforded to such additional
insured only applies to the extent permitted by
law; and
2. If coverage provided to the additional insured is
required by a contract or 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. Allwork, 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.
With respect to the insurance afforded to these
additional insureds, the following is added to
Section III - Limits Of Insurance:
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 contract or 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.
CG 20 10 04 13 ' ISO Properties, Inc., 2012 Page 1 of 2
SCHEDULE
Name Of Additional Insured Person(s)
Or Organization(s) Location(s) Of Covered Operations
Any Person or Organization to whom you become
obligated to include as an Additional Insured as a
result of any contract or agreement you enter into.
Per the contract or agreement
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
CG 20 10 04 13 »Insurance Services Office, Inc., 2012 Page 2 of 2 POLICY NUMBER: TB7611B8T8Z6040 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
SCHEDULE
Name Of Person Or Organization:
PURSUANT TO APPLICABLE WRITTEN CONTRACT OR AGREEMENT YOU ENTER INTO Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The following is added to Paragraph 8. Transfer Of
Rights Of Recovery Against Others To Us of
Section IV - Conditions:
We waive any right of recovery we may have against
the person or organization shown in the Schedule
above because of payments we make for injury or
damage arising out of your ongoing operations or
"your work" done under a contract with that person
or organization and included in the "products-
completed operations hazard". This waiver applies
only to the person or organization shown in the
Schedule above.
CG 24 04 05 09 © Insurance Services Office, Inc., 2008 Page 1 of 1 PolicyNumber TB7-611-B8T8Z6-040
Issued by LIBERTY INSURANCE CORPORATION
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY- UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) /
Organization(s):
Email Address or mailing address: Number Days Notice:
A Schedule of each person or
Organization provided to us by
the First
Named Insured within 15 days of
written cancellation notice
received by
the First Named Insured for any
reason other than nonpayment of
premium
As Required by Written Contract
30 B.
If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
This advance notificationof a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
All other terms and conditions of this policy remain unchanged.
LIM99 01 0511 © 2011 Liberty Mutual Group of Companies. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
POLICY NUMBER: AS2-611-B8T8Z6-060 COMMERCIAL AUTO
CA 20 48 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
DESIGNATED INSURED FOR
COVERED AUTOS LIABILITY COVERAGE
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER 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" for Covered Autos LiabilityCoverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form.
SCHEDULE
Name Of Person(s) Or Organization(s):
Blanket - Any person or organization whom you haveagreed in writingto add as an AdditionalInsured but only to coverage and minimum limitsof insurance required by thewrittenagreement,and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
Each person or organization shown in the Schedule is
an "insured" for Covered Autos Liability Coverage, but
only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured
provision contained in Paragraph A.1. of Section II -
Covered Autos Liability Coverage in the Business
Auto and Motor Carrier Coverage Forms and
Paragraph D.2. of Section I - Covered Autos
Coverages of the Auto Dealers Coverage Form.
CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 MM 99 50 04 11
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED - MASSACHUSETTS
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
GARAGE COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
Changes in Liability Coverage:
Who Is An Insured is changed to include the person or organization named in this endorsement, but only for "bodily injury" or "property damage" resulting from the acts or omissions of:
1. You, while using a covered "auto."
2. Any other person, while using a covered "auto" with your permission.
Additional insured:
Blanket - Any person or organization whom you have agreed in writing to add as an Additional Insured but only to coverage and minimum limits of insurance required by the written agreement.and in no event to exceed either the scope of coverage or the limits of insurance provided in this policy.
MM 99 50 04 11 Copyright, Automobile Insurers Bureau, 1998 POLICY NUMBER: AS2-611-B8T8Z6-060 COMMERCIAL AUTO
CA 04 44 10 13
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
WAIVER OF TRANSFER OF RIGHTS OF RECOVERY
AGAINST OTHERS TO US (WAIVER OF SUBROGATION)
This endorsement modifies insurance provided under the following:
AUTO DEALERS COVERAGE FORM
BUSINESS AUTO COVERAGE FORM
MOTOR CARRIER COVERAGE FORM
With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement.
SCHEDULE
Name(s) Of Person(s) Or Organization(s):
Any person or organization for whom you perform work under a written contract ifthe contract requires you to obtain this agreement from us.but only if the contract is executed prior to the injury or damagae occuring.
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
The Transfer Of Rights Of Recovery Against
Others To Us condition does not apply to the
person(s) or organization(s) shown in the Schedule,
but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with
that person or organization.
CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 Policy Number AS2-611-B8T8Z6-060
Issued by LIBERTY MUTUAL FIRE INSURANCE COMPANY
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE PART
MOTOR CARRIER COVERAGE PART
GARAGE COVERAGE PART
TRUCKERS COVERAGE PART
EXCESS AUTOMOBILE LIABILITY INDEMNITY COVERAGE PART
SELF-INSURED TRUCKER EXCESS LIABILITY COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
EXCESS COMMERCIAL GENERAL LIABILITY COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
COMMERCIAL LIABILITY - UMBRELLA COVERAGE FORM
Schedule
Name of Other Person(s) /
Organization(s):
Email Address or mailing address: Number Days Notice:
Blanket - as required by
written contract
30 A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule above. We will send notice to the email or mailing address listed above at least 10 days, or the number of days listed above, if any, before the cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
B. This advance notification of a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notification will not extend the policy cancellation date nor negate cancellation of the policy.
All other terms and conditions of this policy remain unchanged.
LIM99 010511 © 2011 Liberty Mutual Group of Companies. All rights reserved.
Includes copyrighted material of Insurance Services Office, Inc., with its permission.
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
NOTICE OF CANCELLATION TO THIRD PARTIES
A. If we cancel this policy for any reason other than nonpayment of premium, we will notify the persons or organizations shown in the Schedule below. We will send notice to the email or mailing address listed below at least 10 days, or the number of days listed below, if any, before cancellation becomes effective. In no event does the notice to the third party exceed the notice to the first named insured.
B. This advance notificationof a pending cancellation of coverage is intended as a courtesy only. Our failure to provide such advance notificationwill not extend the policy cancellation date nor negate cancellation of the policy.
SCHEDULE
Name of Other Person(s) / Email Address or mailing address: Number Days Notice:
Organization(s):
Per Schedule on file with Broker Per Schedule on file with Broker 30 All other terms and conditions of this policy remain unchanged.
Issued by LM Insurance Corporation
For attachment to Policy No. WA5-61D-B8T8Z6-010 Effective Date: 1/1/2020 Premium $ Issued to CDM Smith Inc.
WM 9018 06 11 © 2011 Liberty Mutual Group of Companies Page 1 of 1 Ed. 06/01/2011 All Rights Reserved