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HomeMy WebLinkAboutCATHY MOREHEAD AND ASSOCIATES 3C-2013!NSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 9-1-13 N-2012-023-003 CLERK OF COUNCIL _ 6 X13 THIRD AMENDMENT TO CONSULTANT AGREEMENT DATE; FEBC) THIS THIR AM?VMb ENT TO CONSULTANT AGREEMENT, is made and entered into Gaby this jyday of y and between Cathy Morehead and Associates (hereinafter Lome11 "Consultanf% and the City of Santa Ana, a charter city and municipal corporation (hereinafter "City"). RECITALS A. The City of Santa Ana ("City") entered into a Consultant Agreement with Consultant dated February 8, 2012 (Agreement #N-2012-023), to retain a professional firm having special skill and knowledge in the field of color consultation, digital imaging, and photographic evaluations, and photographic design for parking structures. B. The parties amended said Agreement on April 30, 2012, and again on June 25, 2012. The parties desire to further amend said Agreement to extend the term thereof for all work to be completed by Consultant. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 2013. effect. 1. Section 4 of the Agreement, "Term", shall be amended to extend the term through June 30, 2. All other terms and conditions included in said Agreement shall have the same force and IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment the date and year first above written. ATTEST: Maria D. Huizar C? Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: 1 '- Lisa torck Assistant City Attorney RECOMMENDED FOR APPROVAL: CITY OF SANTA ANA Paul Walters /a7 City Manager CONSULTANT By: Cathy orehead Title: Principal By: P GC?L?o Nancy T. Edwar . Interim Exec. Director, CDA . ls. R CERTIFICATE OF LIABILITY INSURANCE I ` --? DATE 2 7/23/2012 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(les) must 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). PRODUCER CONTACT Kim Hutchinson JD Fulwiler & Co. Insurance, Inc. PHONE (503) 293-8325 FAX (503)293-5418 C.Naim 5727 SW Macadam Ave 'MAIL Appgrss.khutchinson@Jdf PO BOX 69508 INSURERS AFFORDING COVERAGE NAICX Portland OR 97239 INSURER A:Amer i can Casualty Cc INSURED INSURER B : Cathy Morehead + Associates INSURER C: 2409 N Valencia St N-2012-119 INSURER D: INSURER E : Santa Ana CA 92706 INSURER F, COVERAGES CERTIFICATE NUMBER-2012 to 2013 REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADOL SUER POLICY NUMBER POLICY EFF POLICY EXP LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 2,000,000 X COMMERCIAL GENERAL LIABILITY DAMA GE TO RENTED MIaE .c $ 3 00 , 0 00 A CLAIMS-MADE ? OCCUR X 4023017254 /1/2012 9/1/2013 MEDEXP An one person) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OPAGG $ 4,000,000 X POLICY PRO- LOC $ AUTOMOBILE LIABILITY C, socId DSINGLE LIMIT 11000,000 A ANY AUTO BODILY INJURY (Per person) $ ALLOWNED AUTOS SCHEDULED AUTOS X 4023017254 9/1/2012 9/1/2013 BODILY INJURY (Per accident) $ X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS (Per pol;1dent) S UMBRELLA UAS OCCUR 0 EACH OCCURRENCE EXCESS LIAB H CLAIMS-MADE f"y I AGGREGATE $ DED RETENTION (Jr? v 1/ $ WORKERS COMPENSATION ' - WC STATU- 10g- AND EMPLOYERS LIABILITY Y / N ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? ? (Mandatory In NH) NIA E.L. DISEASE - EA EMPLOYE $ It yes, describe under C, DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMB $ DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more apace Is required) The City of Santa Ana, 20 Civic Center Plaza, Santa Ana, California 92702; it officers, employees, agents and volunteers are named as Additional Insured's and defense of suits arising fom he operations and uses performed by or on behalf of the named insured per S9-146932- D attached. This insurance is considered primary and non contributing to any held by the Additional Insured if a wrtten contract stating this is in effect. CFRTIFICATF Hf71 nFR CANCFLLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. The City of Santa Ana 20 Civic Center Plaza Santa Ana, CA 92702 AUTHORIZED REPRESENTATIVE Rim Hutchinson/KIM3 ACORD 25 (2010105) INS025 (201005).01 ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CNA SB-146932-D (Ed. 07/09) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BLANKET ADDITIONAL INSURED -- LIABILITY EXTENSION This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM Coverage afforded under this extension of coverage endorsement does not apply to any person or organization covered as an additional insured on any other endorsement now or hereafter attached to this Policy. 1. ADDITIONAL INSURED - BLANKET VENDORS WHO IS AN INSURED is amended to include as an additional insured any person or organization (referred to below as vendor) with whom you agreed, because of a written contract or agreement to provide insurance, but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business, subject to the following additional exclusions: 1. The insurance afforded the vendor does not apply to: a. "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; b. Any express warranty unauthorized by you; c. Any physical or chemical change in the product made intentionally by the vendor; m d. Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under r instructions from the manufacturer, and then repackaged in the original container; s e. Any failure to make such Inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the - products; ME f. Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with a? the sale of the product; g. Products which, after distribution or sale by = you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or = h. "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omission or those of its SB-146932-D (Ed. 07/09) employees or anyone else acting on its behalf. However, this exclusion does not apply to: (1) The exceptions contained in Subparagraphs d. or f.; or (2) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products. 2. This insurance does not apply to any insured person or organization, from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. 3. This provision 2. does not apply to any vendor included as an insured by an endorsement issued by us and made a part of this Policy. 4. This provision 2. does not apply if "bodily injury" or "property damage" included within the "products- completed operations hazard" is excluded either by the provisions of the Policy or by endorsement. 2. MISCELLANEOUS ADDITIONAL INSUREDS WHO IS AN INSURED is amended to include 'as an insured any person or organization (called additional insured) described in paragraphs 2.a. through 2.h. below whom you are required to add as an additional insured on this policy under a written contract or agreement but the written contract or agreement must be: 1. Currently in effect or becoming effective during the term of this policy; and 2. Executed prior to the "bodily injury," "property damage" or "personal and advertising injury," but Only the following persons or organizations are additional insureds under this endorsement and coverage provided to such additional insureds is limited as provided herein: a. Additional Insured -Your Work That person or organization for whom you do work is an additional insured solely for liability due to your negligence specifically resulting Page 1 of 5 SB-146932-D (Ed. 07/09) from your work for the additional insured This insurance does not apply to "bodily which is the subject of the written contract or injury," "property damage" or "personal and written agreement. No coverage applies to advertising injury" arising out of operations liability resulting from the sole negligence of performed for the state or municipality. the additional insured. c. Controlling Interest The insurance provided to the additional insured is limited as follows: Any persons or organizations with a y p controlling interest in you but only with respect (1) The Limits of Insurance applicable to the to their liability arising out of: additional insured are those specified in the written contract or written agreement (1) Their financial control of you; or or in the Declarations of this policy, (2) Premises they own, maintain or control whichever is less. These Limits of while you lease or occupy these Insurance are Inclusive of, and not in premises. addition to, the Limits of Insurance shown in the Declarations. This insurance does not apply to structural alterations, new construction and demolition (2) The coverage provided to the additional operations performed by or for such additional insured by this endorsement and insured. paragraph F.9. of the definition of "insured contract" under Liability and Medical d. Managers or Lessors of Premises Expenses Definitions do not apply to " " A manager or lessor of premises but only with bodily injury or "property damage " respect to liability arising out of the ownership, arising out of the products-completed maintenance or use of that specific part of the operations hazard" unless required by the premises leased to you and subject to the written contract or written agreement. following additional exclusions: (3) The insurance provided to the additional This insurance does not apply to: insured does not apply to "bodily injury," "property damage," or "personal and (1) Any "occurrence" which takes place after advertising injury" arising out of the you cease to be a tenant in that premises; rendering or failure to render any or professional services. (Z) Structural alterations, new construction or b. State or Political Subdivisions demolition operations performed by or on A state or political subdivision subject to the behalf of such additional insured. following provisions: e. Mortgagee, Assignee or Receiver (1) This insurance applies only with respect A mortgagee, assignee or receiver but only to the following hazards for which the with respect to their liability as mortgagee, state or political subdivision has issued a assignee, or receiver and arising out of the permit in connection with premises you ownership, maintenance, or use of a premises own, rent, or control and to which this by you. insurance applies: This insurance does not apply to structural (a) The existence, maintenance, repair, alterations, new construction or demolition construction, erection, or removal of operations performed by or for such additional advertising signs, awnings, canopies, insured. cellar entrances, coal holes, driveways, manholes, marquees, f. Owners/Other Interests - Land is Leased hoistaway openings, sidewalk vaults, An owner or other interest from whom land street banners, or decorations and has been leased by you but only with respect similar exposures; or to liability arising out of the ownership, (b) The construction erection or maintenance or use of that specific part of the , , removal of elevators; or land leased to you and subject to the following additional exclusions: (2) This insurance applies only with respect This insurance does not apply to: to operations performed by you or on your behalf for which the state or political (1) Any "occurrence" which takes place subdivision has issued a permit. after you cease to lease that land; or SBA 46932-D Page 2 of 5 (Ed. 07/09) SB-146932-D (Ed. 07109) (2) Structural alterations, new Damage To Property, is replaced by the construction or demolition operations following: performed by or on behalf of such additional insured. k. Damage To Property Co-owner of Insured Premises g• "Property damage" to: A co-owner of a premises co-owned by you 1. Property you own, rent or occupy, and covered under this insurance but only including any costs or expenses with respect to the co-owners liability as co- incurred by you, or any other person, owner of such premises. organization or entity, for repair, replacement, enhancement, h. Lessor of Equipment restoration or maintenance of such Any person or organization from whom you property for any reason, including lease equipment. Such person or organization prevention injury a person or ' are insureds only with respect to their liability damage to an other s property; arising out of the maintenance, operation or 2. Premises you sell, give away or use by you of equipment leased to you by abandon, if the "property damage" such person or organization. A person's or arises out of any part of those organization's status as an insured under this premises; endorsement ends when their written contract or agreement with you for such leased 3. Property loaned to you; equipment ends. 4. Personal property in the care, With respect to the insurance afforded these custody or control of the insured; additional Insureds, the following additional 5. That particular part of any real exclusions apply: property on which you or any This insurance does not apply: contractors or subcontractors working directly or indirectly in your behalf are (1) To any "occurrence" which takes place performing operations, if the "property after the equipment lease expires; or damage" arises out of those (2) To "bodily injury," "property damage„ or operations; or "personal and advertising injury" arising 6. That particular part of any property out of the sole negligence of such that must be restored, repaired or additional insured. replaced because "your work" was Any insurance provided to an additional insured incorrectly performed on it. designated under paragraphs b. through h. above Paragraph 2 of this exclusion does not does not apply to "bodily injury" or "property apply if the premises are "your work" and "s damage" included within the "products-completed were never occupied, rented or held for operations hazard." rental by you. 3. The following is added to Paragraph H. of the Paragraphs 1, 3, and 4, of this exclusion BUSINESSOWNERS COMMON POLICY do not apply to "property damage" (other CONDITIONS: than damage by fire or explosion) to H. Other Insurance premises: (1) rented to you: 4. This insurance is excess over any other - insurance naming the additional insured (2) temporarily occupied by you with the as an insured whether primary, excess, permission of the owner, or contingent or on any other basis unless a (3) to the contents of premises rented to written contract or written agreement you for a period of 7 or fewer specifically requires that this insurance be consecutive days. either primary or primary and noncontributing. A separate limit of insurance applies to Damage To Premises Rented 4. LEGAL LIABILITY - DAMAGE TO PREMISES To You as described in Section D - a A. Under B. Exclusions, 1. Applicable to Liability and Medical Expenses Limits of Insurance. Business Liability Coverage, Exclusion k. SB-146932-D Page 3 of 5 (Ed. 07109) SB-146932-D (Ed. 07/09) Paragraphs 3, 4, 5, and 6 of this exclusion do not apply to liability assumed under a sidetrack agreement. Paragraph 6 of this exclusion does not apply to "property damage" included in the "products-completed operations hazard." (5) Any trustee, if you or an additional insured is a trust; or (6) Any elected or appointed official, if you or an additional insured is a political subdivision or public entity. This paragraph e. applies separately to you and any additional insured. B. Under B. Exclusions, 1. Applicable to Business Liability Coverage, the last paragraph of 2. Exclusions is deleted and replaced by the following: Exclusions c, d, e, f, g, h, i, k, 1, m, n, and o, do not apply to damage by fire to premises while rented to you or temporarily occupied by you with permission of the owner or to the contents of premises rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance. C. The first Paragraph under item 5. Damage To Premises Rented To You Limit of Section D. Liability And Medical Expenses Limits Of Insurance is replaced by the following: The most we will pay under Business Liability for damages because of "property damage" to any one premises, while rented to you, or temporarily occupied by you, with the permission of the owner, including contents of such premises rented to you for a period of 7 or fewer consecutive days, is the Damage to Premises Rented to You limit shown in the Declaration. 5. Broad Knowledge of Occurrence The following items are added to E. Businessowners General Liability Conditions in the Businessowners Liability Coverage Form: e. Paragraphs a. and b. apply to you or to any additional insured only when such "occurrence," offense, claim or "suit" is known to: (1) You or any additional insured that is an individual; (2) Any partner, if you or an additional insured is a partnership; (3) Any manager, if you or an additional insured Is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured is a corporation; SB-146932-D (Ed. 07/09) 6. Bodily Injury Section F. Liability and Medical Expenses Definitions, item 3. "Bodily Injury" is deleted and replaced with the following: "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death, humiliation, shock, mental anguish or mental injury by that person at any time which results as a consequence of the bodily injury, sickness or disease. 7. Expanded Personal and Advertising Injury Definition The following is added to Section F. Liability and Medical Expenses Definitions, item 14. Personal and Advertising Injury, in the Businessowners General Liability Coverage Form: h. Discrimination or humiliation that results in injury to the feelings or reputation of a natural person, but only if such discrimination or humiliation is: 1. Not done intentionally by or at the direction of a. The insured; or b. Any "executive officer," director, stockholder, partner, member or manager (if you are a limited liability company) of the insured; and 2. Not directly or indirectly related to the employment, prospective employment, past employment or termination of employment of any person or person by any insured. B. The following is added to Exclusions, Section B.. (15) Discrimination Relating to Room, Dwelling or Premises Caused by discrimination directly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any room, dwelling or premises by or at the direction of any insured. Page 4 of 5 SB-146932-D (Ed. 07/09) (16) Fines or Penalties Personal and Advertising Injury Coverage Fines or penalties levied or imposed by a does not apply to policies issued in the states governmental entity because of of New York or Ohio. discrimination. D. This provision (Expanded Personal and C. This provision (Expanded Personal and Advertising Injury) does not apply if Advertising Injury) does not apply to Personal and Advertising Injury Liability is discrimination or humiliation committed in the excluded either by the provisions of the Policy states of New York or Ohio. Also, Expanded or by endorsement. 0 0 SB-146932-D Page 5 of 5 (Ed. 07/09)