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HomeMy WebLinkAboutVan Dorpe Chou Associates 1ai AGREEMENT TERMINATION Please complete this form when the attached agreement is no longer in effect. Return form to the Deputy Clerk of the Council (M-30). Call 647-6520 if you have any questions. ----------------------------------------------------------------- The agreement with U l )Oyoe Ckqkj was completed on L%9 and final payment has been made. Department: IV e Signature: t Date: OG� PJ3� City of Santa Ana Revised 4-16-87 Clerk of the Council NOTICE OF ASSUMPTION Re: Consultant Agreement A-2003-213 for Construction Inspection Services including building, mechanical, electrical and plumbing inspections. NOTICE IS HEREBY GIVEN by VCA Code Group to the CITY OF SANTA ANA (hereinafter referred to as the "City") as follows: 1. Van Dorpe Chou Associates entered into Consultant Agreement N-2003-093, dated September 22, 2003, which was amended to increase compensation and renumbered A- 2003-213, dated October 6, 2003, to provide construction inspection services to the City; and 2. Said company formed VCA Code Group, with Dan Van Dorpe acting as the company's President. Service of Process will be to: VCA Code Group 295 N. Rampart Street, Suite A Orange, California 92868 facsimile 714/ 978-9788; and 3. VCA Code Group hereby agrees to honor the terms of the "Consultant Agreement A-2003- 213" dated October 6, 2003, described in Exhibit "A" attached hereto and by this reference made a part hereof, and 4. VCA Code Group hereby accepts and assumes the rights, liabilities and obligations of Van Dorpe Chou Associates under said Agreement, from and after the effective date of April 1, 2004; and 5. All required insurance documents and bonds shall be issued in the name VCA Code Group, and all payments by the City shall be made in the name of the corporation. DATED: 5l- VCA Code Group BY: C4G! DAN VAN DORPE President TAX ID #02-0697917 The City of Santa Ana hereby acknowledges and accepts the terms outlined in this "Notice of Assumption" agreement. APPROVED TO FORM Joseph W. Fletcher CITY OF SANTA ANA City Attorney Yr Y Z al aura Sheedy STEVE HARDV- l06 DAT Assistant City Attorney Executive Director of Planning INSURANCE ON FILE • • A-2003-213 WORK MAY PROCEED UNTIL INSURANCE EXPIRES 7 — I -O'-f CLERK OF COUNCIL DATE: 10-15-b3 FIRST AMENDMENT TO CONSULTANT AGREEMENT PBA THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT, is entered >' I) into this &, *' day of OCA&W , 2003, by and between Van Dorpe Chou f f Associates, Inc., a California corporation ("Consultant') and the City of Santa Ana, a charter city and municipal corporation of the State of California ("City"). Recitals: A. The parties entered into Agreement #N-2003-093, dated September 22, 2003, (hereinafter "said Agreement') by which Consultant has provided construction inspection services, including building, mechanical, electrical and plumbing inspections. B. In accordance with the terms and conditions of said Agreement, the parties wish to increase the compensation to provide for temporary inspection services while the City recruits to fill vacant building inspection positions. Wherefore, in consideration of the covenants contained in said Agreement, and subject to all the terms and conditions of said Agreement, except those amended in this First Amendment to Consultant Agreement, the parties agree as follows: Section 2, COMPENSATION, shall be amended to increase the compensation by $35,000.00, for a total amount not to exceed $45,000.00 during the tern of said Agreement. 2. Section 3, TERM, shall be amended to shorten the term of said Agreement from June 30, 2004 to January 31, 2004. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. ATTEST: PATRICIA E. HEALY Clerk of the Council APP OVED AS TO FORM: 7 /w- SEPH W.-'FfETCF[Elk City Attorney CITY O NTA ANA k4 AZL- DAVID N. REAM City Manager CONSULTANT fig DAN VAN DORPE President .AC0BD,M CERTIFICA OF LIABILITY INSU E 09/04/200 ) PRODUCER (949)263-0606 FAX ( )263-0906 Complete Insurance, Inc. California DOI #0437762 19000 MacArthur Blvd., PH Flr Irvine, CA 92612-1447 THIS CERTIFICATE ISMSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Van orpe Chou Associates, Inc. 295 North Rampart Street, Suite A Orange, CA 92868 INSURERA. Fidelity and Guarantee Ins. Co. INSURERS: Fidelty & Guaranty Ins Co INSURERC: St. Paul Fire & Marine Ins Co NSURERD: (O/O St. Paul) NSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR NDVL TYPE OF INSURANCE POLICY NUMBER POLICYEFPECTIVE POLICYEXPIRATION LIMITS GENERAL LIABILITY BKO1510223 07/01/2003 07/01/2004 EACH OCCURRENCE $ 1,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $ 500,000 CLAIMS MADE O OCCUR $ 10.000 MED EXP (Any one person) A PERSONAL B ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,00 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPIOP AGG $ 2,000,000 POLICY X PRO- JECT F_JLOC AUTOMOBILE LIABILITY ANY AUTO BA01464SOO 07/01/2003 07/01/2004 COMBINED SINGLE LIMIT (Ea accident) $ 1 000 00 X B ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS APPROVL'D AS CCCI Y TO FORM BODILY INJURY (Per person) $ X BODILY INJURY (Per accident) $ X Deputy City ACC IICy PROPERTY DAMAGE (Per amident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ ANY AUTO $ EXCESSIUMBRELLA LIABILITY BKO1510223 07/01/2003 07/01/2004 EACH OCCURRENCE $ 1,000,00 X OCCUR CLAIMS MADE AGGREGATE $ 1,000,000 A $ $ DEDUCTIBLE $ RETENTION $ WORKERS COMPENSATION AND WVA8004695 07/01/2003 07/01/2004 X we STATu- oTH- EMPLOVERS'LUIBILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICEIVMEMBER EXCLUDED? H yes, describe under SPECIAL PROVISIONS below E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEE $ 1,000,00 E.L. DISEASE -POLICY LIMIT $ 1,000,00 OTHER 10-day notice applies to non-payment and/or non -reporting DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT SPECIAL PROVISIONS ertificate holder is additional insured as respects general liability but only if required by written contract with the named insured prior to an occurence and as per coverage form CL/BF21810401. Waiver of ubrogation endt. WC040306 included as respects Work Comp only. Coverage subject to all policy terms, conditions and limitations. City of Santa Ana, and employees & volunteers Office of City Attorney P.O. Box 1988 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 7t5 officers, agents, EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE Alicia Igram/MICHMA ✓`'{�' c(,y ACORD 25 (2001108) CACORD CORPORATION 1988 ARCHITECTS AND EOINEERS PROGRAM ENDORSOENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: Vandorpe Chou Associates, Inc. Fidelity & Guarantee Ins Co POLICY NUMBER: BKO1510223 POLICY PERIOD: 07/01/03 to 07/01/04 ADDITIONAL INSURED: City of Santa Ana, and its officers, agents, employees & volunteers This endorsement modifies insurance provided under the following: BUSINESSOWNERS POLICY b. `Bodily injury", "property damage", "personal injury', or "advertising injury" which is not caused in Additional Insured: whole or in part by the negligent acts or omissions of anyone directly or indirectly employed by a Named The following is added to paragraph 2. of Insured or for whose acts a Named Insured may be Section II. — WHO IS AN INSURED: liable. I. If you are required to add another person or organization as an insured under this policy by a written work contract or agreement which is in effect during the policy period and a certificate of insurance has been issued listing that person or organization as an Additional Insured, that person or organization is an insured. Such person or organization is referred to in this Coverage Part as an Additional Insured. The following paragraph is added to Section I — COVERAGE: E. Additional Insured Exclusions 1. In addition to the other exclusions applicable to COVERAGES A., B. and C., the insurance provided to an Additional Insured does not apply to: a. "Property damage" to: 1) Property owned, occupied or used by the Additional Insured; 2) Property rented, leased or loaned to, in the care, custody or control of, of over which physical control is being exercised for any purpose by the Additional Insured; or 3) "Your work" performed for the Additional Insured. APFi OVED AS TO FORM La"ura She,JV Deputy City Attorney The following additional provision applies: SECTION IV.5 Other Insurance is replaced by the following: 5. Other Insurance The insurance afforded by this Coverage Part is primary insurance and we will not seek contribution from any other insurance available to the insured unless the other insurance is provided by a contractor. Then we will share with that other insurance by the method described below. 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 fast. 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. Countersigned by Authorized Representative CLBF 21 8104 01 Abbreviated Printed in U.S.A. WORKERS COMPENSATSAND EMPLOYERS LIABILITY INSURA G POLICY WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT - CALIFORNIA This endorsement changes the policy to which It Is attached and is effective on the date Issued unless otherwise stated. This endorsement, effective on 7/1/03 at 12:01 A.M. standard time, forms a part of: Policy No. WVA8004695 Endorsement Notice of the St. Paul Fire and Marine Insurance Company NCCI Carrier Code 13706 Issued to: Vandorpe Chou Associates, Inc. Premium: Policy Expiration Date: 7/1/04 Authorized Representative 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 3% of the California workers' compensation premium otherwise due on such remuneration. SCHEDULE Person or Organization Anyone for whom the Named insured has agreed to fumish this waiver. Minimum Premium: $100.00 The premium for this coverage will be determined and billed at Audit. AVpfy -OVER AS FO DORM Shcedy neputy City AttOrflcv WC 04 03 08 (Ed. 04 84) Printed in U.S.A. i 'd HE 'ON 9060-N (N ENVUSNI 9121MH 09�:6 UH '0I 'des IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(tes) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing Insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001I0111) 9 'd ££69 'ON 9060-£9Z (666) MVESNI HI,d' M) Wd9�:6 £OOd '01 'd0S &ACAMP, CERTIFICAT F LIABILITY INSURA E 09/04/200 PRODUCER (949)263-0606 FAX (9 263-0906 Complete Insurance, Inc. California DOI #0437762 19000 MacArthur Blvd., PH Flr Irvine, CA 92612-1447 THIS CERTIFICATE IS SUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED Van orpe Chou Associates, Inc. 295 North Rampart Street, Suite A Orange, CA 92668 INSURERA. Greenwich Insurance Company INSURERS: (c/o XL Insurance) INSURER C: NSURERD INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDIN 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR kDD'L TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE 1 POLICY EXPIRATION LIMITS GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE O OCCUR EACH OCCURRENCE $ DAMAGE TO RENTED $ MED EXP (Any one Person) $ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER. POLICY F7 PRO- JECT 71 LOC PRODUCTS - COMP/OP AGG $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS A P'. O Y i_J.J ii:S i3 i ri+��eb COMBINED SINGLE LIMIT (Ee emident) $ BODILY INJURY (Per person) $ BODILY INJURY (Per aaident) $ PROPERTY DAMAGE (Per amiEent) $ GARAGE LIABILITY ANY AUTO La i;. ,,,{tC DepULY City tly AIInTnCY _____..__. AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC AUTO ONLY: AGG $ $ EXCESSIUMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ EACH OCCURRENCE $ AGGREGATE $ 8 $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNERIEXECUTIVE OFFICER/MEMBER EXCLUDED? It yee, describe untler SPECIAL PROVISIONS below WC STATU- OTH- TS ER E.L. EACH ACCIDENT $ E. L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT I $ A ro essional Liability PECO012128 07/01/2003 07/01/2004 $2,000,000 Per Claim Limit $2,000,000 Annual Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 0 day notice applies to non-payment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL City of Santa Ana, and its officers, agents, employees & volunteers 30 DAYS WR TTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Office of City Attorney BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY P.O. BOX 1988 OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE '55�O ACORD 25 (2001/08) CACORD CORPORATION 1988