Charles Abbott Associates Inc (2013) Lig First Amendment to Agreement between
the City of Rancho Palos Verdes
and Charles Abbott Associates, Inc.
This agreement is an amendment ("Amendment) to the building and safety
consulting services agreement between the City of Rancho Palos Verdes ("Citi') and
Charles Abbott Associates, Inc. ("Consultant), dated May 17, 2011 ("Agreement). This
Amendment is effective as of July 1, 2013, and is being made to extend the term of the
Agreement for two years.
SECTION 1,, Article III ("TERM")of the Agreement is hereby amended to read as
follows:
"This Agreement shall commence on July 1, 2011 and shall terminate on June 30,
2015, unless sooner terminated pursuant to Article X of this Agreement."
SECTION 2. Section A of Article IX("INDEMNIFICATION AND INSURANCE")of
the Agreement is hereby amended to read as follows:
"A. Indemnification.
I. To the fullest extent permitted by law, Consultant shall indemnify and
hold the City, its officials, officers, employees, agents and independent
contractors serving in the role of City officials, and volunteers (collectively
"Indemnitees")free and harmless from all liability arising out of:
(a) Any and all claims, demands, causes of action, costs,
expenses,liabilities,losses,damages or injuries, in law or in equity,to
property or persons, including wrongful death (collectively"Claims")
under Workers'Compensation acts and other employee benefit acts
with respect to Consultants employees or Consultant's
suboonaultants'employees in any manner arising out of or incident to
Consultant's work under this Agreement; and
(b) Claims in any manner arising out of or incident to any
negligent, reckless or willful acts or omissions related to professional
services by or on behalf of Consultant, its officials, officers,
employees or agents, except for liability resulting from the sole
negligence or the willful misconduct of any of the Indemnitees; and
(c) Claims In any manner arising out of or incident to any acts or
omissions unrelated to professional services by or on behalf of
Consultant, its officials, officers, employees or agents, except for
liability resulting from the sole negligence or the willful misconduct of
any of the Indemnitees.
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Section i shall include without limitation the payment of all consequential
damages, attorneys' fees, and other related costs and expenses.
Consultant's obligation to Indemnify pursuant to this section shall not be
restricted to Insurance proceeds, If any, received by Consultant or
Indemnitees.
ii. Regarding the defense of any claim within the purview of these
provisions, the City and Consultant shall each control its own defense. At
the time of Claim resolution, Consultant shall provide reimbursement for all
attorneys' fees and other related costs for every situation in which the
Consultant would have to indemnify Indemnitees induding paying and
satisfying any judgment, award or decree that may be rendered against
Indemnitees. Consultant shall reimburse Indemnitees for any and all legal
expenses and costs incurred by each of them in connection therewith or in
enforcing the indemnity herein provided. Consultant's obligation to pay
defense costs pursuant to this section shall not be restricted to insurance
proceeds, if any, received by Consultant or Indemnitees.
ill. All duties of Consultant under this Section shall survive termination of
this Agreement."
SECTION 3. Subsection I of Section F ("Nonce of Cancellation") of Article IX
("INDEMNIFICATION AND INSURANCE')of the Agreement is hereby amended to read as
follows:
"All insurance policies shall provide that the insurance coverage shall not be
cancelled or modified by the insurance carrier without thirty(30)days prior written notice to
City,or ten(10)days notice if cancellation is due to nonpayment of premium. Additionally,
Consultant shall provide immediate notice to the City if it receives a cancellation or policy
revision notice from the insurer. Consultant agrees that it will not cancel or reduce any
required insurance coverage."
SECTION 4. Section G of Article IX("INDEMNIFICATION AND INSURANCE")of
the Agreement is hereby amended to read as follows:
"Entire Policy and Certificate of Insurance. At all times during the term of this
Agreement, Consultant shall maintain on file with the City Clerk both a copy of the entire
policy and a certificate of insurance showing that the aforesaid policies are In effect in the
required amounts. The commercial general liability policy shall contain endorsements
naming the City, Its officers, agents and employees as additional insureds."
SECTION 5. Except as expressly amended by this amendment to the Agreement,
all of the other provisions of the Agreement shall remain in full force and effect as written in
the Agreement.
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IN WITNESS WHEREOF,the parties hereto have executed this Amendment as of
the date and year first above written.
Dated: '' Charles Abbott Associates, Inc.
("Consultant)
By: r
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Printed Name: d64 r � /ape d
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By: ; ;z,t&4A,
Printed Name: 5 t.,sa-h Pcbkkt
Title: �c-cruel-o,,roa,
The City of Rancho Palos Verdes
( City )
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Mayor
ATTEST:
By: &A6-5761-c}ffrie
City clerk
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