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Home My WebLink AboutTRANSPORTATION STUDIES, INC. 2A - 2003 A- ,;)o03-11Q-o( INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 10- 01-0'1 CLERK OF COUNCIL DATE: -, - ~-Of FIRST AMENDMENT TO CONSULTANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on June ~, 2004, by and between Transportation Studies, 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 #A-2003-140, dated July 7, 2003 (hereinafter "said Agreement") by which Consultant has provided traffic data collection services relating to Project 5512. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend said Agreement for an additional one-year period. 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: I. Section 3, TERM, shall be amended to extend the termination date from June 30, 2004 to June 30, 2005. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. OSEPH W. FLETCHER City Attorney APPROVED AS TO FORM: ~ CERTIFICATE OF LIABILITY INSURANCE I DATE (IMMJDOlYYYYl 10/09/2003 'RODUCER (949)263-0606 FAX (949)263-0906 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Complete Insurance, Inc. ONLY AND CONFERS NO RIGHTS UPON n-tE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR California DOl #0437762 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 19000 MacArthur Blvd., PH Flr Irvine, CA 92612-1447 INSURERS AFFORDING COVERAGE NAIC# NSUREC I ransportat,on Stua1es. J.nc. INSURER A: United States Fidelity & Guar. 1350 Reynolds Avenue, INSURER B: Fidelty & Guaranty Ins Co Ste. 115 INSURER c: St. Paul Fire & Marine Ins Go Irvine, CA 92614 A- ;20n3-14D INSURER 0: (c/o St. Paul - KS) INSURER E: . THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDIN ~Y 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 JdAY HAVE BEEN REDUCED BY PAID CLAIMS. <.R DO' TYPEQF I~SURANCE POLICY NUMgER PO..L.!.~Y EFFECTIVE P~~s.r EXPIRATION LIMITS CENERAL UABILITY BK01514910 10/01/2003 10/01/2004 EACH OCCURRENCE $ 1,000 000 !-,-,.- X COMMERCIAL GENERAL LIABILITY MAGE T RENTED . 300,000 I CLAIMS ~ADE m OCCUR MED EXP (An;, 000 person) I 10,oor A PE~SONAL & ArN It-.lJUlty $ 1,000.001 - GENERAL~GGREGATE . 2.000.000 = ~.~ AGG~Em,lIMIT APr!~tl PER: PRODUCTS - COMPJOP AGG I 2,000.000 POLICY X ~ID loe ~OM08lLE UAElIUTY BA0161&060 10/01/200! 10/01/2004 COMBINED SINGLE liMIT (Eaaco.d$l'otl I I,OOO,OO( ANY AUTO X All OWNED AUTOS BODILY INJURY .;.;.. (Per perron) . B X SCHEDULED AUTOS HIRED AUTOS BODIL V INJURV Y . NON.OWNED AUTOS (Peracclclenl) - pROPERTY DAMAGE . "'"I" :nr,u (PlIraccldenl) ... ~~G. L1.BILllY i\ ,-",u .. AUTO QNL Y - EA ACCIDENT I ANY AUTO :/&... ,.I~ , 1'/ ) OTHER THAN EA ACe I \'." " " AUTO ONL V: AGG $ :=J~SSlUMBRELLA UABILITY L;\~' .! ::\1\:;,,(,: 'l::/ "'.'" EACH OCCUR:RENCE $ OCCUR D CLAIMS MADE Dl..'j'::!Y C\{: AGGREGATE I I ~ OEOUCTIBLE I RETENTION $ $ WORKERS COMPENaATlON AND WVA7735793 10/01/200! 10/01/2004 X 1~'19.STATU..1 ~ EMPLOYERS' LIABILITY 1.000, OO~ C ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT . OFFICER/MEMBER EXCLUDED? E.L. DISEASE. EA EMPLOYE I I,OOO,OOC ~~~I~~~:JJ:~1gN5 below E.L. DISEASE. POLICY LIMIT I 1,000 OOC OTHER 10 day notice applies to non-payment and/or non-reporting DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICL~ I EXCLUSIONS ADDED BY ENDORSfMENT I SPECltL PROVISION-1 ~rtificate holder is additiona insured as respects genera liabillty and auto liability but only if 'equired by written contract with the named insured prior to an Dccurence and as per coverage form :L/BF26090903 and endt, form CL/CA99090&95, Coverage subject to all policy terms and conditions. :E: On-ca 11 traffic counting service. City of Santa Ana 20 Civic Center Plaza, M-43 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DE!CRlBED POLICies I!I;E CANCELLED BEFORE THE EXPIRATION DATI! THI:RI:OF, T'HElSSUING IN5URERWlLLHJtX~ MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICA.TE HOLDER NAMED TO THE LEFT. ~_UU__lIJlIIlOOIlQIl__AVJOO(X __IKlOOilClJ(P1)(jl(IllI_I.I~IIlWCI16ltJO(XX)()(X)()(X AUi1-IORlZED REPRESENTATIVE P.R- ~ 4fI~ ) Alic1a I ram ICHMA ~.7~-- ACORD 25 (2001/08) @ACOROCORPORATION 1988 . . ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT THIS SUMMARY ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, INSURED: Transportation Studies, Inc. United States Fidelity & Guar. POLICY NUMBER: BK01514910 POLICY PERIOD: 10/01/03 to 10/01104 ADDITIONAL INSURED: City of Santa Ana This sununary endorsement modifies insurance provided under the following: b. 30 days before the effective dat~ qf'~ljltj9" i~ Ife f:rry:el U i"J. i for any other reason. .~UJ..dl;--?L~ i Indudell copyrighted material of Imurancc Services Office with it=! permission. Copyright, r nsurancc Services Offlce, Inc. 2()01 AdditionalInslUed: The following is added to Section II. WHO IS AN INSURED: l\ny person or organization that you agree to a.dd as an insured under this Liability Coverage Part in a written contract or agreement that is made befnre, and in effect when, the "bodily injuty~' .ot lfpropetty da.n.age" occurs or the offense that causes the "personal injury>> or "advertising injury" is first committed, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: (1) UBodily injury", "property damage", "personal injury" or "advertising injury" that does not ame out of: (a) Your negligence; 01 (b) The negligence of another person or organization for whom you are liable; (2) "Bodily injury", "property damage", "personal injury" or "advertising injury" fot which such person or orgm2ation has assumed liability in a contract or agreement, except for liability for damages that such person or oIg2.niz:atian would have in the absence of the contnlct or agreement; (3) "Property damage" ro, (a) Property owned, used or occupied by, or loaned Ot rented to such person or organi2ation~ (b) Property over which such person or organization is for any purpose exercising physical control; or (c) "Yout work" performed for the insured; or (4) "Bodily injury", "property damage", "personal injury" or '<:advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service", when such person or organization is. an architect) engmeer 01' surveyor. Aggregate Limit ofInsurance (Per Project): The General Aggregate Limit applies separ.tely to each of your projects away from premises owned by or rented to you. Notice ofCancellation: We may cancel this policy by mailing (fust class mail only) or delivering written notice of cancellation at least: a. 10 days before the effet;;tive date of cancellation if we cancel for non-payment of premium; or CL/BF 26 09 09 03 Abbreviated Other Insurance: The following replaces SECTION IV.Conditions, 5. "Other Insurance" I a, Primary Insurance, (2): (2) However, this insurance will be considered primary to, and non-contributory with, "other insurancelJ issued directly to a person or organization added 35 an additional insured under Section II. WHO IS AN INSURED 2.; if you specificaDy ogree, in that written contract OJ: agreement, that this insurance must be primary to, and non-contributory with, such "other insurance", This insurance 'Will then be a. pplied as primary insurnnce for damages for "bodily injury". "property damage'\ j(personaJ injury" or "advertising injury" to which thi:s insurance applies and that ate incurred by such person or organization. and we \Nill not share those damages '\Vith such lCother insurance". Separa lion of Insureds: Except with respect to the Limits of Liability, and any rights or duties specificaDy assigned in this Coverage Part 10 the First 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. Transfer of Righls of Recovery and Proceeds Against Others to Us (Waiver of Subrogation): The following is added to Sedion IV. Conditions, 8.: However, we w...ive any right of recovery and Ploceeds we may have against any person or organization that is added as an Additional Insured under WHO IS AN INSURED. 2.: a. Because of payments we make for "bodily injury", ocprope[fy damagell, ~~personal injury" or "advertising injury" arising out of '~your work" in ongoing operations or included in the "products- completed operations hazard"; and b. Performed nnder a written contract or agreement that is made before, and in effect when, the "bodily injury" or "property damage" occurs or the offense that causes the "personal injury" or "advertising injuryll is committed; aod c. You specifically agree in such written contract or agreement to waive those rights of recovery and proceeds for such persoo or organization, G IL~J-b} ~:;3' ~~p~ Countersigned by Authorized Rep senlati Print<;d in U.s.A. ~ ' . . Insured: Transportation Studies, Inc. Policy Number: BA01618060 Effective Date: 10/01103 to 10101/04 COMMERCIAL. AUTO THIS ENDORSEMENT CHANGES THE POL.ICY, PLEASE READ IT CAREFUL.L y, ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies Insurance provided under the following: BUSINESS AUTO COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply uniess modified by the endorsement. SCHEDULE Name of Person or Organization: City of Santa Ana A. WHO IS AN INSURED is amended to include as an 'insure<J' the person or organization shown in the Schedule as an Additional Insured. The coverage afforded to the Additional Insured is solely Iimlled to liability spedficaliy resulting from t~e conduct 01 the Named Insured which may be imputed to t~e Additional Insured. However. the naming of the person or organization shown in the Scheduie as an Additional Insured does not increase or alter the Um~ of Insurance nor the scope of coverage of this policy. have in the absence of the contract or agreemenl. 2. 'Bodily Injury' or 'property damage' arising out of the use of your 'products' or work you performed for the AdditiOllallnsured. 3. 'Property damage' to: a. Property owned. used or occupied by or rented to the Additional Insured. This insurance does not apply to: b. Property in the care. custody or control of the AddiliOllallnsured for any purpose 01 exercising physical control. B. EXCLUSIONS 1. 'Bodily injury' or 'property damage' for which the Additional Insured is obilgated to pay damages by re8SOl1 of the assumption of liability in a contract or agreement. But this exclusion does not appiy to liability for damages that the Addllionallnsured would C. Any coverage provided by this policy shall be excess only, over any other valid and collectible insurance which would apply in the absence of this poiicy. However. this policy shall not be excess over any poiicy written as specific excess. Indudes copyrighted malarial of Insurance Services Office, Inc.. with its permission. Copyright, Insurance SeNices Office, Inc., 1993 CUCA 99 09 08 95 - IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. If SUBROGATION IS WAiVED. subject to the terms and conditions of the poilcy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the c:ertlf1cate 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 lhelssuing insurer(s), authorized representative or producer. and the certificate holder, nor does it affirmatively or negatively amend, extend or a~er the coverage afforded by the policies listed thereon. "'CORD 25 (2001/08) ACORD CERTIFICATE OF LIABILITY INSURANCE I DATE (MMfDONYVY) " 09/27/2004 PRODUCER (714)836-9945 FAX (714)836 9946 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION The Empire Company ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 555 Parkcenter Drive, Ste 206 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92705-3521 Emily Fisher INSURERS AFFORDING COVERAGE NAIC# INSURED Transportation Studies lIne. INSURER A St. Paul Insurance Company 1350 Reynolds Avenue A-.;lCv::> -/40 INSURER B: Ste. 115 A- .i>uo:;JI'-ID -ci INSURER C Irvine, CA 92614 INSURER 0 INSURER E: COVERAGES 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS TYPE OF INSURANCE POLICY NUMBER rDAT'E'IMMIDDNYj P DATE MMIDDtv'x" LIMITS LTR NSR GENERAL LIABILITY BK01961249 10/01/2004 10/01/2005 EACH OCCURRENCE $ 1,000,001 X COMMERCIAL GENERAL LIABILITY I PREM~~S Ea occurencel $ 300,000 I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 10 , 000 A PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COM PlOP AGG $ 2,000,001 I' InPRO- n, POLICY JECT LOC AUTOMOBILE LIABILITY BA01961267 10/01/2004 10/01/2005 COMBINED SINGLE LIMIT ex (Eaaccldent) $ ANY AUTO 1,000,000 f- ALL OWNED AUTOS BODILY INJURY f- $ SCHEDULED AUTOS {Per person) A f- HIRED AUTOS BODILY INJURY I-- $ NON-OWNED AUTOS (Peraccidenl) f- - PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY J"J AUTO ONLY - EA ACCIDENT $ ~ ANY AUTO ~L3 OTHER THAN EAACC $ ~Oltu AUTO ONLY' AGG $ EXCESS/UMBRELLA LIABILITY ~ EACH OCCURRENCE $ ~ OCCUR o CLAIMS MADE AGGREGATE $ $ ~ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION AND BW01961262 10/01/2004 10/01/2005 I TORY LIMITS ! IUd~- EMPLOYERS' LIABILITY 1,000,000 A ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? EL. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT $ 1,000,000 OTHER r~ESCRIPTION OF OPERATIONS { LOCATIONS { VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT { SPECIAL PROVISIONS ~ertificate Holder is additional insured as respects to general liability & auto liability but only if required by written contract with the named insured prior to an occurrence and as per coverage form ~L/BF26090903 and form CL/CA99090895. Coverage subject to all policy terms and conditions. ~E: On-Call traffic counting service. '10 day notice of cancellation applies for nonpayment of premium and/or non-reporting CERTIFICATE HOLDER CANCELLATION City of Santa Ana 20 Civic Center Plaza, M-43 Santa Ana, CA 92702 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ~~ MAIL ...!..3.0.... DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, ~K)(~K)(~IlIJOlIOOJ{JlllllO)(Ill~KJO(XX K"'~K J{Il(JO()(KllIlOllOJlJlllQJ(<J{liOOl{~XXXXXXXXX AUTHORIZED REP~ENT. V '/ \.... ORD CORPORATION 1988 ACORD 25 (2001/08) ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY INSURED: Transportation Stndies, Inc. United States Fidelity & Gnar. POLICY NUMBER: BKOl961249 POLICY PERIOD: 10/01/04 to 10/01105 ADDITIONAL INSURED: City of Santa Ana This summary endorsement modifies insurance provided under the following: Additional Insured: The following is added to Section II. WHO IS AN INSURED: Any person or organization that you agree to add as an insured under this Liability Coverage Part in a written contract or agreement that is made before, and in effect \vhcn_ the "bodily injury" or "property damage" Occurs or the offense that causes the "personal injury" or "advertising Injury" iftirst committed, but only with respect to that person's or organization's liability arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: (I) "Bodily injury", "property damage", "personal injury" or "advertising injury" that does not arise out of: (a) Your negligence; or (b) The negligence of another person or organization for whom you are liablc; (2) "Bodily injury", ';property damage", o;personal injury" or "advertising injury" for which such person or organization has assumed liability in a contract or agreement, except for liability for damages that such person or organization would have in the absence of the contract or agreement; (3) ;'Property damage", to;(a)Propcrty owned, used or occupied by, or loaned or rented to such person or organization; (b) Property over which such person or organization is for any purpose exercising physical control; or (c) o;Your Work" perfonned for the insured; or (4) "Bodily injury", ';propcrty damage", ;;personal injury" or "advertising injury" arising out of any architect's, engineer's or surveyor's rendering of, or failure to render, any "professional service", when such person or organization is an architect. engineer or surveyor. Aggregate Limit of Insurance (Per Project): The General Aggregate Limit applies separately to each of your projects away from premises owned by or rented to you. Notice of Cancellation: We may cancel this policy by mailing (first class mail only) or delivering written notice of cancellation at least: a. 10 days before the etlcctive date of cancellation if we cancel f(lr non-payment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reason. CLlBF 26 09 09 03 Abbreviated Other Insurance: The following replaces SECTION IV. Conditions, 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance \,vill he considered primary to, and non-contributory with, "other insurance" issued directly to a person or organization added as an additional insured under Section II. WHO IS AN INSlJRED 2.; if you specifically agree, in that written contract or agreement, that this insurance must be primary to, and non-contributory with, such "other insurance". This insurance will then applied as primary insurance for damages for ';bodily injury", "property damage", "personal injury" or "advertising injury" to which this insurance applies and that are incurred by such person or organization, and we will not share those damages with such "other insurance". Separation of Insureds: Except with respect to the Limits of Liability, and any rights or duties specifically assigned in the Coverage Part to the First Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured,& b. Separately to each insured against whom claim is made or "suit" is brought. Transfer of Rights of Recovery and Proceeds Against Others to Us (Waiver of Subrogation): The following is added to Section IV. Condition, 8.: However, we waive any right of recovery and proceeds we may have against any person or organization that is added as an Additional tnsured under WHO IS AN INSURED, 2.: a. Because of payments we make for "bodily injury", "property damage", "personal injury" or "advertising injury" arising out of"your work" in ongoing operations or included in the o;products-completed operations hazard"; and b. Performed under a written contract or agreement that is made before, and in effect when, the "bodily injury" or ;'property damage" occurs or the offense that causes the "personal injury" or "advertising injury" is committed; and c. You specifically agree in such written contract or agreement to waive lhose rights of recovery and proceeds for such person or organization. Includes copyrighted material of Insurance Services Office with its permission. Copyright, Insurance Service Office, Inc. 2001. Printed in U.S.A. ~ ~ ~ ~ Insured: Transportation Studies, Inc. Policy Number: BA01961267 Effective Date: 10/01/04 to 10/01/05 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CARE FULL Y. ADDITIONAL INSURED DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE PART GARAGE COVERAGE PART TRUCKERS COVERAGE PART. With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement SCHEDULE Name of Person or Organization: City of Santa Ana A. WHO IS AN INSURED is amended to include as an "insured" the person or organization shown in the Schedule as an Additional Insured. The coverage afforded to the Additional Insured is solely limited to liability specifically resulting from the conduct of the Named Insured which may be imputed to the Addi- tional Insured. However, the naming of the person or organization shown in the Schedule as an Addi- tional Insured does not increase or alter the limit of Insurance not the scope of coverage of this policy. B. EXCLUSIONS This insurance does not apply to: I. "Bodily injury" or "property damage" for which the Additional Insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement. But this exclusion does not apply to liability for damages that the Additional Insured would have in the absence of the control of the contract or agreement. 2. "Bodily injury" or "property damage" arising out of the use of your "products" or work you performed for the Additional Insured. 3. "Property Damage" to: a. Property owned, used or occupied by or rented to the Additional Insured. b. Property in the care, custody or control of the Additional Insured for any purpose of exercising physical control. C. Any coverage provided by this policy shall be excess only, over any other valid and collectible insurance which would apply in the absence of this policy. However, this policy shall not be excess over any policy written as specific excess. '/;Y~7 3/) CL/CA 99 09 08 95 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Copyright, Insurance Services Otllce, Inc. 1993