CMG Landscape Architecture – First Amendment
FIRST AMENDMENT TO AGREEMENT
This First Amendment of the Agreement (“First Agreement”), entered into this _____ day of __________, 2025, by and between the CITY OF ALAMEDA, a muni cipal corporation (hereinafter "the City") and CONGER MOSS GUILLARD, INC. dba CMG LANDSCAPE ARCHITECTURE, a California corporation, whose address is 444 Bryant Street, San Francisco, CA 94404, (hereinafter "Provider"), is made with reference to the following:
R E C I T A L S :
A. On September 6, 2023, an agreement was entered into by and between the City and Provider (hereinafter "Agreement") in an amount not to exceed $2,767,000, for the technical work on the sea level rise adaptation projects.
B. The City and Provider desire to modify the Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually a greed by and between the unders igned parties as follows:
1. Paragraph 2, SCOPE OF WORK, of the Agreement is modified to read as follows:
“Provider agrees to do all necessary work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all necessary work included in Exhibit A1 as requested. Provider acknowledges that the work plan included in Exhibit A1 is tentative and does not commit the City to request Provider to perform all tasks included therein.”
2. Paragraph 3, COMPENSATION TO PROVIDER, of the Agreement is modified to read as follows:
“a. By the 7th day of each month, Provider shall submit to the City an invoice for the total amount of work done the previous month. Pricing and accounting of charges are to be according to the fee schedule as set forth in Exhibit A1 and in corporated herein by this reference. Extra work must be approved in writing by the City Manager or his/her designee prior to performance and shall be paid on a Time and Material basis as set forth in Exhibit A1.”
“b. The total compensation under this First Amendment to Agreement shall not exceed $75,000. Total compensation for this Agreement shall not exceed $2,842,000.”
3. Except as expressly modified herein, all other terms and covena nts set forth in the Agreement shall remain the same and shall be in full force and effect.
Signatures on following page
Exhibit 2: First Amendment - CMG
Docusign Envelope ID: E3C18934-DF98-486C-A134-ABB18346E926 CMG Landscape Architecture – First Amendment
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written.
CMG LANDSCAPE ARCHITECTURE CITY OF ALAMEDA
A California corporation A Municipal Corporation
Kevin Conger Jennifer Ott
President City Manager
RECOMMENDED FOR APPROVAL
Chris Guillard
Chief Financial Officer
Allen Tai
Director, Planning, Building and
Transportation Department
APPROVED AS TO FORM:
City Attorney
C ara Silver
Special Counsel
Docusign Envelope ID: 57B07584-DF37-43DB-AD78-B4F4E9FE7024 CONGER MOSS GUILLARD, INC. dba
Docusign Envelope ID: E3C18934-DF98-486C-A134-ABB18346E926
cmgsite.com
•
•
•
•
•
Docusign Envelope ID: E3C18934-DF98-486C-A134-ABB18346E926
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
INSURER(S) AFFORDING COVERAGE
INSURER F :
INSURER E :
INSURER D :
INSURER C :
INSURER B :
INSURER A :
NAIC #
NAME:
CONTACT
(A/C, No):
FAX
E-MAIL
ADDRESS:
PRODUCER
(A/C, No, Ext):
PHONE
INSURED
REVISION NUMBER:
CERTIFICATE NUMBER:
COVERAGES
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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).
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.
OTHER:
(Per accident)
(Ea accident)
$
$
N / A
SUBR
WVD
ADDL
INSD
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, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$
PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person)
COMBINED SINGLE LIMIT
AUTOS ONLY
AUTOS
AUTOS ONLY
NON-OWNED
SCHEDULED
OWNED
ANY AUTO
AUTOMOBILE LIABILITY
Y / N
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
OFFICER/MEMBER EXCLUDED?
(Mandatory in NH)
DESCRIPTION OF OPERATIONS below
If yes, describe under
ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$
E.L. DISEASE - POLICY LIMIT
E.L. DISEASE - EA EMPLOYEE
E.L. EACH ACCIDENT
ER
OTH-
STATUTE
PER
LIMITS
(MM/DD/YYYY)
POLICY EXP
(MM/DD/YYYY)
POLICY EFF
POLICY NUMBER
TYPE OF INSURANCE
LTR
INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
EXCESS LIAB
UMBRELLA LIAB
$
EACH OCCURRENCE
$
AGGREGATE
$
OCCUR
CLAIMS-MADE
DED
RETENTION
$
$
PRODUCTS - COMP/OP AGG
$
GENERAL AGGREGATE
$
PERSONAL & ADV INJURY
$
MED EXP (Any one person)
$
EACH OCCURRENCE
DAMAGE TO RENTED
$
PREMISES (Ea occurrence)
COMMERCIAL GENERAL LIABILITY
CLAIMS-MADE
OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY
PRO-
JECT
LOC
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
CANCELLATION
AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED
AUTOS ONLY
6/26/2024
Risk Strategies Company
2040 Main Street, Suite 450
Irvine, CA 92614
949-242-9240
www.risk-strategies.com CA DOI License No. 0F06675
RSC Insurance Brokerage
Risk Strategies Company
[email protected]
Conger Moss Guillard, Inc.
dba CMG Landscape Architecture
444 Bryant St.
San Francisco CA 94107
80686433
✓ ✓
✓
City of Alameda, its City Council, boards & commissions, officials, employees, agents & volunteers are named as additional insured and work comp policies-see attached endorsements.
City of Alameda
2263 Santa Clara Ave.
Alameda CA 94501
Projects as on file with the insured.
and primary/non-contributory clause applies to the general liability policy and a waiver of subrogation applies to the general liability 30-day notice for non-renewal and cancellation, 10-day notice for non-payment of premium applies.
A 2,000,000OZ3D617755 6/26/2024 6/26/2025
1,000,000
✓
10,000
✓
2,000,000
4,000,000
4,000,000✓
A OZ3D617755 6/26/2024 6/26/2025 2,000,000
✓ ✓
A OZ3D617755 6/26/2024 6/26/2025 5,000,000✓✓
5,000,000
✓ 0
B 72WEGBG9NJ9 7/1/2024 7/1/2025 ✓
1,000,000
1,000,000
1,000,000
C Professional Liability PAAEP0168900 6/26/2024 6/26/2025 Per Claim: $2,000,000 Aggregate: $4,000,000
The Hanover American Insurance Company 36064
Hartford Casualty Insurance Company 29424
Arch Insurance Company 11150
80686433 | 24-25 GL-HNOA-UL-WC-PL | Sherry Young | 6/26/2024 12:48:09 PM (PDT) | Page 1 of 4 Docusign Envelope ID: E3C18934-DF98-486C-A134-ABB18346E926
No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail.
Architects and Engineers
The following policy language is from Businessowners General Liability Coverage Part N
AMED INSURED: POLICY NUMBER:
The following are mandatory forms on the policy identified on the Certificate of Insurance:
391-1586 (08-16) BUSINESSOWNERS GENERAL LIABILITY SUPPLEMENTARY ENDORSEMENT Additional Insured by Contract, Agreement or Permit
A. Section II – Liabil
ity, C – Who is an insured is amended to include as an additional insured any person or organization with whom you agreed in a written contract, written agreement or permit but only respect to liability for “bodily injury”, “property damage” or “pe
rsonal and advertising injury” caused, in whole or in part, by your acts or omissions; or the acts or omissions of those acting on your be
half, but only with respect to:
(i) “Your w
ork” for the additional insured(s) designated in the contract, agreement or permit including "bodily injury" or "prope
rty damage" included in the "products - completed operations hazard" only if this Coverage Part provides su
ch coverage;
(ii)
Premises you own, rent, lease, or occupy; or
(iii) Your maintenance, operation or use of equipment leased to you. *Definition: “Your w ork” a. Means: (1) Work or operations performed by you or on behalf; and (2) materials, parts or equipment furnished in
connection with such work or operations; b. Includes (1) warranties or representations made at any time with respe
ct to the fitness, quality, durability, performance or use of “your work”; and (2) the providing of or failure to provide warnings or instructions.
This p
rovision does not apply:
(1) Unle
ss the written contract or written agreement has been executed or permit has been issued prio r to the "bodily Injury
”, “property damage”, “personal injury” or “advertising injury". (2) T
o any person or organization Included as an Insured by an endorsement Issued by us and made part of this Coverage Part.
(3) T
o any lessor of equipment (a) A fter the equipment lease expires; or (b) If the "bodily Injury", "property damag e", "person
al injury" or "advertising Injury'' arises out of sole negligence of the lessor. (4) To any: (a
) Owners or other Interests from whom land has been leased which takes place after the lease for the land expire
s; or (b) Managers or lessors of premises if: (i) The occurrence take s place after you cease to be a tenant in that premi
ses; or (ii) The “bodily injury”, “property damage”, “personal injury” or "advertising injury” arises out of structural alterations, new construction or demolition operations performed by or on behalf of the manager or lessor. (5) T
o “bodily injury”, “property damage” or “personal and advertising injury” arising out of the rendering of or failure to render any professional services.
This
exclusion applies even if the claims against any insured a llege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "o ccurrence" which caused the " bodily injury" or "property damage" or the offense which caused the "personal and advertising injury" involved t he rendering of or failure to render any professional services by or for you.
Other Insurance Primary & Non-Contributory
The following paragraph is added to SECTION III – COMMON POLICY CONDITIONS, H – Other Insurance: Additional Insured – Primar
y and Non-Contributory. If you agree in a written contract, written agreement or permit that the insurance provided to any person o
r organization included as an Additional Insured under SECTION II – Liability, C. Who is an Insured is primary and non-contributory, the following applies: If other valid and collectible insurance is available to the Additional Insured for a loss covered un
der SECTION II – LIABILITY of this Coverage Part, our obligations are limited as follows:
(1) Primar
y Insurance: This insurance is primary to other insurance that is available to the Additional Insured whic h covers the Additiona
l Insured as a Named Insured. We will not s eek contribution from any other insurance available to the Additional Insured except: (a) For the sole negligence of the Additional Insured; (b) When the Additional Insured is an Additional Insured under another primary liability policy; or (c) When b. below applies. If this insurance is primar y, our obligation
s are not affected unless any of the other insurance is also primary. (2) Excess Insu
rance:
(a) T
his insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(i) That is Fire, Extended Co
verage, Builder's Risk, Installation Risk or similar coverage for "your work"; (ii) That is Fire in
surance for premises rented to the Additional Insured or temporarily occupied by the Additional Insured with permission of the owner;
Conger Moss Guillard, Inc. OZ3D617755
80686433 | 24-25 GL-HNOA-UL-WC-PL | Sherry Young | 6/26/2024 12:48:09 PM (PDT) | Page 2 of 4 Docusign Envelope ID: E3C18934-DF98-486C-A134-ABB18346E926 No coverage is provided by this Notice, nor can it be construed to replace any provisions of the policy (including its endorsements). If there is any conflict between this Notice and the policy (including the endorsements), the provisions of the policy (including its endorsements) shall prevail. (iii) That is insurance purchased by the Additional Insured to cover the Additional Insured's liability as a tenant for "property damage" to premises rented to the Additional Insured or temporarily occupied by the Additional with permission of the owner; or
(iv) If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of SECTION II - LIABILITY. B. Exclusions, 1. Applicable to Business Liability Coverage. (v) That is insurance available to you for your participation in any past or present "unnamed joint venture". (vi) That is any insurance you may have that provides coverage for your professional services. (b) When this insurance is excess, we will have no duty to defend the insured against any "suit" if any other insurer has a duty to defend the insured against that "suit". If no other insurer defends, we will undertake to do so, but we will be entitled to the insured's rights against all those other insurers. (c) When this insurance is excess over other Insurance, we will pay only our share of the amount of the loss, if any, that exceeds the sum of:
(i) The total amount that all such other insurance would pay for the loss in the absence of this insurance; and (ii) The total of all deductible and self-insured amounts under all that other insurance.
We will share the remaining loss, if any, with any other insurance that is not described in this Excess Insurance provision and was not bought specifically to apply in excess of the Limits of Insurance shown in the Declarations of this Coverage part.
(3) Method Of Sharing
If all of the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first. If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.
Per Project Aggregate
The following changes are made to SECTION II - LIABILITY:
1. The following is added to SECTION II - LIABILITY, D. Liability and Medical Expenses Limits of Insurance, paragraph 4:
The Aggregate Limits of Insurance apply separately to each of "your projects" or each "location" listed in the Declarations.
2. For the purpose of coverage provided by this endorsement only, the following is added to SECTION II - LIABILITY, F. Liability and Medical Expenses Definitions:
1. "Your project" means:
a. Any premises, site or "location" at, on, or in which "your work" is not yet completed; and b. Does not include any "location" listed in the Declarations.
2. "Location" means premises involving the same or connecting lots, or premises whose connection is interrupted only by a street, roadway, waterway or right-of-way of a railroad.
Separation Of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this Coverage Part to the fir st Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and, b. Separately to each insured against whom claim is made or “suit” is brought.
Waiver Of Subrogation
The TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US Condition (Section IV – COMMERCIAL GENERAL LIABILITY CONDITIONS) is amended by the addition of the following:
We waive any right of recovery we may have against the person or organization where required by written contract 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 where required by written contract.
Notice Of Cancellation
For any statutorily permitted reason other than non-payment of premium, the number of days required for notice of cancellation, as provided in paragraph 2. of either the CANCELLATION Common Policy Condition or as amended by an applicable state cancellation endorsement, is increased to 30 Days.
AUTHORIZED REPRESENTATIVE
*From Hanover Forms: 391-1003 (08/16); 391-1445 (08/16); 391-1586 (08/16), 391-1003 (08/16) 80686433 | 24-25 GL-HNOA-UL-WC-PL | Sherry Young | 6/26/2024 12:48:09 PM (PDT) | Page 3 of 4 Docusign Envelope ID: E3C18934-DF98-486C-A134-ABB18346E926 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
Countersigned by
Authorized Representative
(1) Printed in U.S.A.Form WC 04 03 06
Process Date:
6/27/2024
Policy Expiration Date: 07/01/2024
WAIVER OF OUR RIGHT TO RECOVER FROM
OTHERS ENDORSEMENT - CALIFORNIA
Endorsement Number:Policy Number: 72 WEG BG9NJ9
Effective Date: 07/01/2024 Effective hour is the same as stated on the Information Pa ge of the policy.
Named Insured and Address: CONGER MOSS GUILLARD, INC. DBA CMG LANDSCAPE ARCHITECTURE 444 BRYANT ST.
SAN FRANCISCO, CA 94107
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 you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.
The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.
SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
80686433 | 24-25 GL-HNOA-UL-WC-PL | Sherry Young | 6/26/2024 12:48:09 PM (PDT) | Page 4 of 4 Docusign Envelope ID: E3C18934-DF98-486C-A134-ABB18346E926