07/18/23
ELS = Third Amendment to
Contract 5250011
THIRD AMENDMENT TO AGREEMENT
This THIRD Amendment of the Agreement, entered into this day of , 2026, by and between the CITY OF ALAMEDA, a municipal corporation (hereinafter "the City") and ELS, dba ELS Architecture and Urban Design, a California corporation, whose address is 2040 Addison St, Berkeley CA 9, (hereinafter "Provider"), is made with reference to the following:
RECITALS:
A. On July 17, 2024, an agreement was entered into by and between the City and Provider (hereinafter "Agreement") in an amount not to exceed $503,687.50, for Community Engagement, Programming/Concept Design, Schematic Design, and reimbursable expenses relating to the Alameda Aquatic Center.
B. On December 19, 2024, the original agreement was amended by and between the City and Provider (hereinafter “First Amendment”) with additional compensation not to exceed $1,009,434.00
for services rendered during the added contractual term between July 17, 2024 and December 31, 2028, and with a total aggregate compensation not to exceed $1,513,121.50.
C. On June 4, 2025, the First Amendment was amended by and between the City and Provider (hereinafter “Second Amendment”) with additional compensation not to exceed $1,761,715.00 for services rendered during the added contractual term between July 17, 2024 and December 31, 2028, and with a total aggregate compensation not to exceed $3,274,836.50.
D. Whereas, the City Council authorized the City Manager to execute this amendment on .
E. The 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:
07/18/23
ELS = Third Amendment to
Contract 5250011
1. Paragraph 3, COMPENSATION TO PROVIDER, 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 A-1,3 and incorporated 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 A-1,3.
b. Provider shall be compensated for the services performed in accordance with the original contract and the First Amendment, and Second Amendment, consistent with the terms of those agreements. Additionally, Provider shall be compensated for the Third Amendment, covering services performed during the period between July 17, 2024, and December 31, 2028, at the hourly rates set forth in Exhibit A-1,3 of the Third Amendment. Compensation for services performed pursuant to the Third Amendment shall not exceed $171,470.00. Total Compensation for this Agreement shall not exceed $3,446,306.50.
2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect.
Signatures on following page
07/18/23
ELS = Third Amendment to
Contract 5250011
IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed on the day and year first above written.
ELS dba ELS Architecture and Urban Design
A California Corporation CITY OF ALAMEDA
A Municipal Corporation
Clarence Mamuyac Gerry Beaudin
CEO City Manager
RECOMMENDED FOR APPR OVAL:
Gerald Navarro
CFO
Justin Long
Recreation and Parks Director
APPROVED AS TO FORM:
City Attorney
Skitch Crosby
Assistant City Attorney
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
INSR ADDL SUBR
LTR INSD WVD
PRODUCER CONTACT
NAME:
FAXPHONE
(A/C, No):(A/C, No, Ext):
E-MAIL
ADDRESS:
INSURER A :
INSURED INSURER B :
INSURER C :
INSURER D :
INSURER E :
INSURER F :
POLICY NUMBER POLICY EFF POLICY EXPTYPE OF INSURANCE LIMITS(MM/DD/YYYY) (MM/DD/YYYY)
AUTOMOBILE LIABILITY
UMBRELLA LIAB
EXCESS LIAB
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
AUTHORIZED REPRESENTATIVE
EACH OCCURRENCE $
DAMAGE TO RENTEDCLAIMS-MADE OCCUR $PREMISES (Ea occurrence) MED EXP (Any one person) $
PERSONAL & ADV INJURY $
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $
PRO-POLICY LOC PRODUCTS - COMP/OP AGGJECT
OTHER: $
COMBINED SINGLE LIMIT
$(Ea accident)
ANY AUTO BODILY INJURY (Per person) $
OWNED SCHEDULED
BODILY INJURY (Per accident) $AUTOS ONLY AUTOS
HIRED NON-OWNED PROPERTY DAMAGE
$AUTOS ONLY AUTOS ONLY (Per accident)
$
OCCUR EACH OCCURRENCE
CLAIMS-MADE AGGREGATE $
DED RETENTION $
PER OTH-
STATUTE ER
E.L. EACH ACCIDENT
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
E.L. DISEASE - POLICY LIMITDESCRIPTION OF OPERATIONS below INSURER(S) AFFORDING COVERAGE NAIC #
COMMERCIAL GENERAL LIABILITY
Y / N
N / A
(Mandatory in NH)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.
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.
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 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).
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
CERTIFICATE HOLDER CANCELLATION
© 1988-2015 ACORD CORPORATION. All rights reserved.ACORD 25 (2016/03)
CERTIFICATE OF LIABILITY INSURANCE
DATE (MM/DD/YYYY)
$
$
$
$
$The ACORD name and logo are registered marks of ACORD
6/18/2026
License # 0E67768
(925) 660-3514 (925) 416-7869
13056
ELS dba: ELS Architecture and Urban Design
2040 Addison Street
Berkeley, CA 94704
32603
16754
A 1,000,000
PSB0001596 10/1/2025 10/1/2026 1,000,000
10,000
1,000,000
2,000,000
2,000,000
1,000,000
A
PSA0002551 10/1/2025 10/1/2026
4,000,000A
PSE0001380 10/1/2025 10/1/2026 4,000,000
A
PSW0002642 10/1/2025 10/1/2026 1,000,000
N 1,000,000
1,000,000
B Professional Liab. AEC909771001 6/10/2026 Per Claim/Aggregate 3,000,000 C Prof. Liab. Excess CPPLXSA26000200 6/10/2026 6/10/2027 Per Claim/Aggregate 2,000,000 All Operations of the Named Insured.
General Liability: Please see Additional Insured Endorsement attached; such coverage is Primary and Non-contributory, with Waiver of Subrogation included, as required per written contract.
NOTE: No company owned vehicles. Aforementioned General Liability includes coverage for Hired & Non-Owned Auto Liability. Please see attached Additional Insured Endorsement, as required per written contract.
Workers' Compensation: Please see Waiver of Subrogation Endorsement, as required by written contract.
Excess Liability follows form over General Liability, Auto Liability, and Employer's Liability (Workers' Compensation). Please see attached Schedule of SEE ATTACHED ACORD 101
City of Alameda
2263 Santa Clara Avenue
Alameda, CA 94501
ELS0000-01 YUENG
IOA Insurance Services
4301 Hacienda Dr
Ste 220
Pleasanton, CA 94588-2711
Gigi Yuen
[email protected]
RLI Insurance Company
Berkley Insurance Company
Palomar Excess and Surplus Insurance Company
X
6/10/2027
X
X
X
XX
X
X
FORM NUMBER:
EFFECTIVE DATE:
The ACORD name and logo are registered marks of ACORD
ADDITIONAL REMARKS
ADDITIONAL REMARKS SCHEDULE
FORM TITLE:
Page of
THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, ACORD 101 (2008/01)
AGENCY CUSTOMER ID:
LOC #:
AGENCY NAMED INSURED
POLICY NUMBER
CARRIER NAIC CODE
© 2008 ACORD CORPORATION. All rights reserved.
IOA Insurance Services
ELS0000-01
SEE PAGE 1
1 SEE PAGE 1
ACORD 25 Certificate of Liability Insurance
License # 0E67768
1 SEE P 1
ELS dba: ELS Architecture and Urban Design
2040 Addison Street
Berkeley, CA 94704
SEE PAGE 1
YUENG
1 Description of Operations/Locations/Vehicles:
Underlying Insurance.
GENERAL LIABILITY & AUTO LIABILITY ADDITIONAL INSURED INCLUDE THE FOLLOWING PERSON(S) OR ORGANIZATION(S): City of Alameda, its City Council, boards, commissions, officials, employees, and volunteers, as required per written contract
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P o l i c y N u m b e r : R L I I n s u r a n c e C o m p a n y Named Insured:
PPA 300 03 13 Page 1 of 5
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
RLIPack® BUSINESS AUTO ENHANCEMENT
SCHEDULE OF COVERAGES ADDRESSED BY THIS ENDORSEMENT
A. Broad Form Named Insured
B. Employees As Insureds
C. Blanket Additional Insured
D. Blanket Waiver Of Subrogation
E. Employee Hired Autos
F. Fellow Employee Coverage
G. Auto Loan Lease Gap Coverage
H. Glass Repair Waiver Of Deductible
I. Personal Effects Coverage
J. Hired Auto Physical Damage Coverage
K. Hired Auto Physical Damage Loss Of Use
L. Hired Car Worldwide Coverage
M. Temporary Transportation Expenses
N. Amended Bodily Injury Definition Mental Anguish
O. Airbag Coverage
P. Amended Insured Contract Definition Railroad Easement Q. Coverage Extensions Audio, Visual And Data Electronic Equipment Not Designed Solely For The Production Of Sound
R. Notice Of And Knowledge Of Occurrence
S. Unintentional Errors Or Omissions
T. Towing Coverage
Blanket Waiver Of Subrogation
Blanket Additional Insured
PPA 300 03 13 Page 2 of 5
This endorsement modifies insurance provided under the following:
BUSINESS AUTO COVERAGE FORM
A. Broad Form Named Insured
The following is added to the SECTION II
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any business entity newly acquired or formed by you
during the policy period, provided you own fifty
percent (50%) or more of the business entity and the
business entity is not separately insured for Bus-iness Auto Coverage. Coverage is extended up to a
maximum of one hundred eighty (180) days following
the acquisition or formation of the business entity.
This provision does not apply to any person or
organization for which coverage is excluded by
endorsement.
B. Employees As Insureds
The following is added to the SECTION II
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any employee of yours is an insured while using a
covered auto you don't own, hire or borrow in your
business or your personal affairs.
C. Blanket Additional Insured
The following is added to the SECTION II
COVERED AUTOS LIABILITY COVERAGE, Para-
graph A.1. Who Is An Insured Provision:
Any person or organization that you are required to
include as an additional insured on this coverage form
in a contract or agreement that is executed by you
before the bodily injury or property damage occurs
is an insured for liability coverage, but only for
damages to which this insurance applies and only to
the extent that person or organization qualifies as an
insured under the Who Is An Insured provision
contained in SECTION II COVERED AUTOS
LIABILITY COVERAGE.
The insurance provided to the additional insured will
be on a primary and non-contributory basis to the
verage if
you are required to do so in a contract or agreement
that is executed by you before the bodily injury or
property damage occurs.
D. Blanket Waiver Of Subrogation
The following is added to the SECTION IV BUSI-
NESS AUTO CONDITIONS, A. Loss Conditions, 5.
Transfer Of Rights Of Recovery Against Others
To Us:
We waive any right of recovery we may have against
any person or organization to the extent required of
you by a contract executed prior to any accident or
loss , provided that the accident or loss arises out
of the operations contemplated by such contract. The
waiver applies only to the person or organization
designated in such contract.
E. Employee Hired Autos
1. The following is added to the SECTION II
COVERED AUTOS LIABILITY COVERAGE,
Paragraph A.1. Who Is An Insured Provision:
An employee of yours is an insured while
operating an auto hired or rented under a
contract or agreement in that employee's name,
with your permission, while performing duties
related to the conduct of your business.
2. Changes In General Conditions:
Paragraph 5.b. of the Other Insurance Con-
dition in the BUSINESS AUTO CONDITIONS is
deleted and replaced with the following:
b. For Hired Auto Physical Damage Coverage,
the following are deemed to be covered
autos you own:
(1) Any covered auto you lease, hire, rent
or borrow; and
(2) Any covered auto hired or rented by
your employee under a contract in that
individual employee's name, with your
permission, while performing duties
related to the conduct of your business.
However, any auto that is leased, hired,
rented or borrowed with a driver is not a
covered auto .
F. Fellow Employee Coverage
SECTION II COVERED AUTOS LIABILITY
COVERAGE, Exclusion B.5. does not apply if you
have workers compensation insurance in-force
covering all of your employees.
G. Auto Loan Lease Gap Coverage
SECTION III PHYSICAL DAMAGE COVERAGE,
C. Limit Of Insurance, is amended by the addition of
the following:
In the event of a total loss to a covered auto shown
in the Schedule of Declarations, we will pay any
unpaid amount due on the lease or loan for a covered
auto , less:
1. The amount paid under the PHYSICAL
DAMAGE COVERAGE section of the policy; and
2. Any:
a. Overdue lease/loan payments at the time of
the loss ;
Blanket Waiver Of Subrogation
Blanket Additional Insured
PPA 300 03 13 Page 3 of 5
b. Financial penalties imposed under a lease for
excessive use, abnormal wear and tear or
high mileage.
c. Security deposits not returned by the lessor;
d. Costs for extended warranties, Credit Life
Insurance, Health, Accident or Disability
Insurance purchased with the loan or lease;
and
e. Carry-over balances from previous loans or
leases.
H. Glass Repair
Waiver Of Deductible
SECTION III PHYSICAL DAMAGE COVERAGE ,
D. Deductible is amended by adding the following:
No deductible for a covered auto will apply to glass
damage if the glass is repaired rather than replaced.
I. Personal Effects Coverage
The following is added to SECTION III PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
c. Personal Effects Coverage
In the event of a total theft loss of your covered
auto we will pay up to $400 for loss to wearing
apparel and other personal effects which are:
(1) Owned by an insured ; and
(2) In or on your covered auto ;
No deductible applies to Personal Effects
Coverage.
J. Hired Auto Physical Damage Coverage
The following is added to SECTION III PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
d. Hired Auto Physical Damage Coverage
If hired autos are covered autos for Liability
Coverage and this policy also provides Physical
Damage Coverage for an owned auto , then the
Physical Damage Coverage is extended to
autos that you hire, rent or borrow subject to the
following:
(1) The most we will pay for loss in any one
accident to a hired, rented or borrowed
auto is the lesser of:
(a) $60,000
(b) The actual cash value of the damaged or
stolen property as of the time of the
loss ; or
(c) The cost of repairing or replacing the
damaged or stolen property with other
property of like kind and quality.
(2) An adjustment for depreciation and physical
condition will be made in the event of a total
loss .
(3) If a repair or replacement results in better
than like kind or quality, we will not pay for the
betterment.
(4) A deductible equal to the highest Physical
Damage deductible applicable to any owned
auto will apply.
(5) This Coverage Extension will not apply to:
(a) Any auto that is hired, rented or
borrowed with a driver; or
(b) Any auto that is hired, rented or
borrowed from your employee .
K. Hired Auto Physical Damage Loss Of Use
The following is added to SECTION III PHYSICAL
DAMAGE COVERAGE, A. Coverage, 4. Coverage
Extensions:
e. We will pay sums which you legally must pay to
the lessor of a covered auto which you have
leased without a driver for thirty (30) days or less
auto ,
provided:
(1) This insurance provides comprehensive,
specified causes of loss or collision covered
on the covered auto ;
(2) The loss of use results from the covered
auto being damaged in an accident while
you are leasing it.
We will pay up to a maximum limit of $1,500 for
this covered extension.
L. Hired Car Worldwide Coverage
The following is added to SECTION II COVERED
AUTOS LIABILITY COVERAGE, A.2. Coverage
Extensions:
f. Hired Car Worldwide Coverage
(1) We will pay all sums an insured legally must
pay as damages because of bodily injury or
property damage to which this insurance
applies, caused by an accident which
occurs outside of the United States of
America, the territories and possessions of
the United States of America, Puerto Rico
and Canada resulting from the maintenance,
or use of any covered
auto of the private
passenger type you lease, hire, rent or
borrow without a driver for thirty (30) days or
less.
(2) With respect to any claim made or
suit
instituted outside the United States of
America, the territories and possessions of
the United States of America, Puerto Rico,
and Canada:
PPA 300 03 13 Page 4 of 5
(a) You shall undertake the investigation,
settlement and defense of such claims
and
suits and keep us advised of all
proceedings and actions.
(b) You will not make any settlement without
our consent.
(c) We will reimburse you:
(i) For the amount of damages be-
cause of liability imposed upon you
by law on account of bodily injury or
property damage to which this
insurance applies, and
(ii) For all reasonable expenses incurred
with our consent in connection with
the investigation, settlement or
defense of such claims or
suits
Reimbursement for expenses will be
part of the Limit of Insurance for
liability coverage shown in the
Business Auto Coverage
Declarations, and not in addition to
such limits.
(3) The limit of Insurance for Liability Coverage
shown in the Business Auto Coverage
Declarations is the most we will reimburse
you for the sum of all damages imposed on
you, as set forth in paragraph 2.c. above, and
all expenses incurred by you arising out of
any single accident or loss
(4) You must maintain the greater of the follow-
ing primary auto liability insurance limits:
(a) Compulsory admitted insurance with
limits required to be in force to satisfy the
legal requirements of the jurisdiction
where the accident occurs; or
(b) Insurance limits required by law and
issued by a government entity or by an
insurer licensed or permitted by law to do
business in the jurisdiction where the
accident occurs; or
(c) Auto liability insurance limits of at least
$300,000 combined single limit or
$100,000 per person/$300,000 per acci-
dent Bodily Injury, $100,000 Property
Damage.
If you fail to comply with the above, this
insurance is not invalidated. However, in the
event of a loss , we will pay only to the extent
that we would have been liable had you so
complied.
(5) The insurance provided by this coverage
extension is excess over any other collec-
tible insurance available to you whether on a
primary, excess contingent or any other
basis.
M. Temporary Transportation Expenses
SECTION III PHYSICAL DAMAGE COVERAGE ,
A.4. Coverage Extensions , subparagraph a.
Transportation Expenses is deleted and replaced
by the following:
a. Transportation Expenses
(1) We will pay up to a maximum of $1,500 for
temporary transportation expense incurred
by you because of Physical Damage to a
covered auto .
(2) We will pay only for those covered autos for
which you carry Comprehensive, Colli-sion or
Specified Case of Loss Coverage.
(3) We will pay only for those expenses incurred
by you during the period of time that begins
twenty-four (24) hours after the covered
loss and ends at the time when the covered
auto can be reasonable repaired or
replaced.
(4) This coverage does not apply while there are
spare or reserve autos available to you for
your operations.
N. Amended Bodily Injury Definition Mental
Anguish
The following is added to SECTION V
DEFINITIONS, Definition C.:
Bodily injury also includes mental anguish, but only
when the mental anguish arises from other bodily
injury, sickness or disease.
O. Airbag Coverage
The following is added to SECTION III PHYSICAL
DAMAGE COVERAGE B. Exclusions 3.a.:
However, this exclusion will not apply to accidental
discharge of an airbag due to mechanical or electrical
breakdown.
P. Amended Insured Contract Definition Railroad
Easement
SECTION V DEFINITIONS paragraph H. Insured
contact is modified as follows:
1. Paragraph H.3. is replaced by the following:
3. Any easement or license agreement.
2. Paragraph H.6.a. is deleted.
Q. Coverage Extensions Audio, Visual And Data
Electronic Equipment Not Designed Solely For
The Production Of Sound
SECTION III PHYSICAL DAMAGE COVERAGE B.
Exclusions, exception paragraph a. to exclusion 4.c.
and 4.d. is deleted and replaced with the following:
PPA 300 03 13 Page 5 of 5
a. Equipment and accessories used with such
equipment, except for tapes, records, discs or
other electronic media device, provided such
equipment is permanently installed in the covered
auto at the time of the loss or is removable
from the housing unit which is permanently
installed in the covered auto at the time of the
loss , and such equipment is designed to be
solely operated by use of the power from the
autos electrical system, in or upon the covered
autos ; or
R. Notice Of And Knowledge Of Occurrence
SECTION IV BUSINESS AUTO CONDITIONS,
A.2. Duties In The Event Of Accident, Claim Suit
Or Loss, subparagraph a. is deleted and replaced
with the following:
a. In the event of
accident , claim, suit or loss ,
you must give us or our authorized repre-
sentative prompt notice of the accident or loss
including:
(1) How, when and where the accident or loss
occurred;
(2) The name and address; and
(3) To the extent possible, the names and
addresses of any injured person and
witnesses.
Your duty to give us or our authorized
representative prompt notice of the accident or
loss applies only when the accident or loss is
known to:
(1) You, if you are an individual;
(2) A partner if you are a partnership; or
(3) An executive officer or insurance manager, if
you are a corporation.
S. Unintentional Errors Or Omissions
SECTION IV BUSINESS AUTO CONDITIONS , B.
General Conditions; 2. Concealment Misrepre-
sentation Or Fraud is amended by adding the
following:
The unintentional omission of, or unintentional error
in, any information given by you shall not prejudice
your rights under this insurance. However this pro-
vision does not affect our right to collect additional
premium or exercise our right of cancellation or
nonrenewal.
T. Towing Coverage
SECTION III
PHYSICAL DAMAGE COVERAGE ,
A.2. Towing , is deleted and replaced by the
following:
2. We will pay up to $750 for towing and labor costs
incurred each time a covered auto is disabled
due to a covered cause of loss. However:
a. All labor must be performed at the place of
disablement; and
b. If the covered auto is a private passenger
type no deductible applies; and
c. If the covered auto is not of the private
passenger type our obligation to pay will be
reduced by a $250 deductible per
disablement.
ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED.