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Home My WebLink AboutRBF CONSULTING (10) - 2005 A-2005-117 ... INSURANCE ON FILE WORK MAY PROCEED UN,IL INSURANCE. t.XPIRES \\<30~05 CLERK OF COUNCIL DATE: OCT 1 9 2UU5 o N'Pr L~J (f: 5u;law....\ FIRST AMENDMENT TO CONSULT ANT AGREEMENT THIS FIRST AMENDMENT TO CONSULTANT AGREEMENT is entered into on ..::Ju./JEO l.o ,2005, by and between RBF Consulting, 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-l72, dated August 4,2003, (hereinafter "said Agreement") by which Consultant has provided on-call traffic engineering services. B. In accordance with the terms and conditions of said Agreement, the parties wish to extend the term of said Agreement for an additional one-year term and increase compensation to pay for services during the extended term. 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.a., COMPENSATION, shall be increased by $175,000.00 to pay for services during the extended term of said Agreement. The total compensation to be expended shall not exceed $525,000.00 during the term of said Agreement. 1. Section 3, TERM, shall be deleted in its entirety and replaced with the following: "This Agreement shall commence on August 4, 2003 and terminate on June 30, 2006, unless terminated earlier in accordance with Section 12, below. The term of this Agreement may be extended upon a writing executed by the Executive Director of the Public Works Agency and the City Attorney." 2. A new Section 17 , DELIVERY OF WORK PRODUCT, shall be added to read as follows: "DELIVERY OF WORK PRODUCT Consultant shall deliver to City all work-product resulting from the services provided. Said work product shall be provided to City in a hard copy and produced in a form compatible with City's computer system, as agreed between the Project Manager and Consultant. Regarding any copyrightable material, including but not limited to books, reports, plans, photographs, drawings, and computer programs, which are produced as part or ,. . result of this project, the Consultant agrees for itself and it's affected officers, employees, agents, contractors, and volunteer workers that (a) such material may not be copyrighted without prior review by the City, and (b) the authors of all such material, whether copyrighted or not, award to the City, and to its officers, agents and employees acting within the scope of their official duties, as a condition of payment to the Consultant, a royalty-free, nonexclusive, irrevocable license throughout the world for governmental purposes to disclose, publish, translate, reproduce, and use such materials." 5. Except as herein amended, all terms and conditions of said Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA ATfFST . . I-}. . Q~; e~ PATRICIA E. HEALY Clerk of the Council Mad--. DAVIDN. REAM City Manager APPROVED AS TO FORM: JOSEPH W. FLETCHER City Attorney By: fJu A o.,Ji, oo~ / Laura Sheedy I Assistant City Attorney . CONSULTANT (NAME) Steve Huff (TITLE) Senior Vice President ACORD. CERTIFICATE OF LIABILITY INSURANCE OP to R9 OATE (MM/ODJYYYYj RBFCQ-l OS/23/06 PROOUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATlO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE United Captive Ins. Brokers HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 17151 Newhope St., Ste 211 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Fountain Valley CA 92708 Phone: 714-70S-4370 Fax:714-708-2300 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: U.S. Fidelity and Guaranty Co. 25887 INSURER B RBF Consulting, Inc. INSURER c: 14725 ~ton Parkway INSURER 0: Irvine CA 92718 INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWfTHST ANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERT AtN, 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. LTR NSR TYPE OF INSURANCE POLICY NUMBER PD'1.~~TJ~rJ~!yE P8k~1Y{~~':b'h"N~~N LIMITS GENERAL LIABILITY EACH OCCURRENCE , - PREMISES (E~IO~~~~r~rlce \ - pM~ERCIAL GENERAL LIABILITY , - CLAIMS MAOE 0 OCCUR MED EXP (Anyone person) , - PERSONAL & ADV INJURY , GENERAL AGGREGATE , .- GEN'L AGGn LIMIT APAS PER: PRODUCTS. COMPIOP AGG , I PRO- POLICY JECT LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT I-- , ANY AUTO (Ea accident) I-- r ALL OWNED AUTOS BODILY INJURY , SCHEOULED AUTOS (Perpersorl) I-- HIRED AUTOS BODILY INJURY I-- , NON-OWNED AUTOS (Per accident) r I-- PROPERTY DAMAGE , (Peracclderlt) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT , R ANY AUTO OTHER THAN EA ACC , AUTO ONLY AGO , EXCESSfUMBRELLA LIABILITY EACH OCCURRENCE $ P OCCUR D CLAIMS MADE AGGREGATE , $ R ~EDUCTI"E , RETENTION , $ WORKERS COMPENSATION AND X IT6'R;tTQir's I I'-ER' A EMPLOYERS' LIABILITY D123WOO118 07/01/05 07/01/06 ANY PROPRIETOR/PARTN ER/EXECUTIV E E.l. EACH ACCIDENT , 1000000 OFFICER/MEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYE $ 1000000 If yes, describe under SPECtAL PROVISIONS below E.L. DISEASE - POLICY LIMIT , 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT J SPECIAL PROVISIONS *10 days notice of cance~lation for non-payment of premium. 1-- / , , Re: Design Guidelines, IN 10-104231 CERTIFICATE HOLDER CANCELLATION CITSAN2 SHOULD ANY OF THE: ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Santa Ana Planning Division 20 Civic Center P~aza Santa Ana CA 92702 DATE THEREOF, THE ISSUING INSURER WILL _u__. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, -. _n Ii IL *30 DAYS WRITTEN - .. ..~ !'t _ 'J"'''-~ ACORD 25 (2001/08) AUTHORIZED REPRESENTATIVE Mark Barrie f} ACORD~ CERTIFICATE OF LIABILITY INSURANCE OPID R RBFCO-1 06 27 06 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATIO ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW PRODUCER United Captive Ins. Brokers 17151 Newhope st., Ste 211 Fountain Valley CA 92708 Phone: 714-708-4370 Fax:714-708-2300 A-~3- /7;), A- ;}.()O:3- ,7).-01 11- dCQ5'- if'1 INSURERS AFFORDING COVERAGE RBF Consulting, Inc. 14725 Alton Parkway Irvine CA 92718 INSURER A" INSURER B: INSURER C INSURER 0: INSURER E u.s. Fidelity and Guaranty Co. NAIC # 25887 INSURED COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE !NSURED 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. I'NS. J'lDO' POLICY NUMBER ~~~~;J~~E~~!XE Pgk~1YI~:'::~~~~~N LIMITS LTR NS. TYPE OF INSURANCE ~NERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY PREMISES Ea occurence\ , CLAIMS MADE D OCCUR MED EXP (Anyone person) $ e- PERSONAL & ADV INJURY , f-- GENERAL AGGREGATE $ rl'L AGG~EnE ~~M; APPlS PER' PRODUCTS - COMP/OP AGG $ POLICY JECT LOC I ~TOMOBILE LIABILITY COMBINED SINGLE LIMIT , ANY AUTO (Ea accident) f-- e- ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) e- f-- HIRED AUTOS BODILY INJURY , NON-OWNED AUTOS (Per accident) 1-- e-- PROPERTY DAMAGE $ (Per accident) RAGE LIABILITY C h<d AUTO ONLY - EA ACCIDENT $ ANY AUTO ,[ tv___ EA ACC , VOln OTHER THAN -/ AUTO ONLY: AGG , t=]ESStuMBRELLA LIABILITY / EACH OCCURRENCE , OCCUR D CLAIMS MADE / AGGREGATE $ , R DEDUCTIBLE , RETENTION , , WORKERS COMPENSATION AND : I wes ~:~-I IOJ~- X TORY LIMITS A , EMPLOYERS' LIABILITY D123WOO135 07/01/06 07/01/07 , 1000000 ANY PROPRIETOR/PARTNER/EXECUTIVE EL. EACH ACr;IDENT OFFICER/MEMBER EXCLUDED? ~~SEASE - EA EMPLOYE , 1000000 If yes, describe under SPECIAL PROVISIONS below EL DISEASE - POLICY LIMIT , 1000000 OTHER DESCRIPTION OF OPERATIONS I LOCATIONS 1 VEHICLES / EXCLUSIONS ADDEO BY ENDORSEMENT I SPECIAL PROVISIONS *10 days notice of cancellation for non-payment of premium. Re: Design GUidelines, IN 10-104231 CERTIFICATE HOLDER CANCELLATION CITSAN2 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL * 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAIL.URE TO DO SO SHAL.L IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENT 1 IV Mark Barrie . @ACORD CORPORATION 11 ~ 2-. city of Santa Ana Planning Division 20 Civic Center Plaza Santa Ana CA 92702 ACORD 25 (2001/08) .. A-'2-0ol~I(p5 RBFCONSUL A CORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDOrt'Yi 02/11/08 PRODUCER , THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR P. O. Box 10550 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Santa Ana, CA 92711-0550 714427-6810 INSURERS AFFORDING COVERAGE --"-- --. . - INSURED INSURER A Travelers Property Casualty Co of Am RBF Consulting i INSURER B National Union Fire Ins Co of Pittsb PO Box 57057 - --"._."~--- INSURER c: Underwriters at Lloyd's of London Irvine, CA 92619-7057 ----. I INSURER D: u... i INSURER E: Cllent#. 6255 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 OESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CDNDITIONS OF SUCH POLlCIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ~.~ -~~.._-- - ---. PR~~Cll~~5E~ P~'A'~J jJ::}~~\N- --~-- ._",._._-~ LTR TYPE Of INSURANCE POLICY NUMBER LIMITS A ~ERAL LIABILITY 630500D4092TIL07 11130/07 11/30/08 EACH OCCURRENCE _ !1 ,000,ll00 ~MERCtAl GENERAL LIABILITY FIRE DAMA9'~(~_~_,?n.:_!ire! '1,000,000 . ---+----J CLAIMS MADE [i] OCCUR INDP. CONTRACTORS MED EXP (Any. ~~~. persor.) '10000 -~ .2'_ CONTRACTUAL INCLUDED PERSONAL & ADV I\lJURY '1,000,(lQL_ lLBFPD,.2'9L- GENERAL AGGREGATE ; ,2,000,000 .. ~'~AGGRE?AT~ LIMIT A~~S PER' PRODUCTS -COMP/OPAGG i s2 000 000 POLICY I X ~f8T .. 1 LOC A AUTOMOBilE LIABiliTY 8109496B499 11/30/07 11/30/08 COMBINED SINGLE LIMIT 1< ANY AUTO (Eaac::c,denl) $1,000,000 - ..._~ -- ALL OWNED AUTOS BODILY INJURY (Per parson> " i.__ SCHEDULED AUTOS . . -_.._~ ----~- r-!J HIRED AUTOS BODilY INJURY " X ' NON-OWNED AUTOS I {Peraccidenl) I ~ _u. -~- I-- : PROPERTY DAMAGE (PeraC::C,denl) , iRGE LIABILITY , , ~TO ONLY ~!,-_A~CIDENT " . ANY AUTO OTHER THAN EAACC i, AUTO ONLY: AGG , B EXCESS LIABILITY BE9834351 11/30/07 11/30/08 EACH OCCURRENCE $10,000,000 r~j'OCCUR 0 CLAIMS MADE Professional Liab. AGGREGATE , '10,000,01!L._ Is Excluded $ FI DEOUCTIELE $ RETENTION , , WORKERS COMPENSATION AND we STATU. I IOJ);- EMPLOYERS' LIABILITY ~~~!i:"S:CIDENT , ~'::.~~~~- EA _~~~L~y-~~ J_~,. -.. E.l. DISEASE" POLICY LIMIT , C ! OTHER Professional PI079400 11/30/07 11/30/08 $1,000,000 per claim !L1ability I $2,000,000 ann I aggr. DESCRIPTION OF OPERATlONSllOCATlONSIVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS General Liability policy excludes claims arising out of the performance of professional services ., C' ,,~\ 1 Re: Environmental Services and Technical Studies City of Santa Ana, its officers, agents, volunteers, employees and .. -~d~ypU/ //2"___ (See Attached Descriptions) CERTIFICATE HOLDER I I MJDITIONALINSURED;INsURERLETl'ER: CANCELLATION / / SHOUlDANYOFTHE ABOVE DESCRIBED POLICIES BE CANCEllED BEFORE THE EXPIRATION City of Santa Ana DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3D--- DAYS WRITTEN Attn: Tonia Zerba NOTICE TOTHE CERTIFICATE HOLDER NAMED TOTHE lEFT, BUT FAILURE TODOSOSHALL 20 Civic Center Plaza IMPOSE NO OBLIGATION OR LIABilITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR P. O. Box 1988, M-20 REPRESENTATIVES. Santa Ana, CA 92702 N~~ED REPRE2~ATIVE" , , ACORD 25-5 (7/97)1 of 2 #S217507/M212212 RLL @ ACORD CORPORATION 1988 .. L DESCRIPTIONS (Continued from Page 1) representatives are additional insured as respects to General Liability as required by written contract. AMS 25.3 (07/97) 2 012 #S217507/M212212 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY BLANKET ADDITIONAL INSURED (CONTRACTORS) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART 1. WHO IS AN INSURED - (Section II) is amended c) to include any person or organization that you agree in a "written contract requiring insurance" to include as an additional insured on this Cover- age Part, but: a) Only with respect to liability for "bodily injury", "property damage" or "personal injury"; and b) If, and only to the extent that, the injury or damage is caused by acts or omissions of you or your subcontractor in the performance of "your work" to which the "written contract requiring insurance" applies. The person or organization does not qualify as an additional insured with respect to the independent acts or omissions of such person or organization. 2, The insurance provided to the additional insured by this endorsement is limited as follows: a) In the event that the Limits of Insurance of this Coverage Part shown in the Declarations exceed the limits of liability required by the "written contract requiring insurance", the in- surance provided to the additional insured shall be limited to the limits of liability re- quired by that "written contract requiring in- surance". This endorsement shall not in- crease the limits of insurance described in Section III - Limits Of Insurance. b) The insurance provided to the additional in- sured does not apply to "bodily injury", "prop- erty damage" or "personal injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or sur- veying services, including: i. The preparing, approving, or failing to prepare or approve, maps, shop draw- ings, opinions, reports, surveys, field or- ders or change orders, or the preparing, approving, or failing to prepare or ap- prove, drawings and specifications; and Ii. Supervisory, inspection, architectural or engineering activities. The insurance provided to the additional in- sured does not apply to "bodiiy injury" or "property damage" caused by "your work" and included in the "products-completed op- erations hazard" unless the "written contract requiring insurance" specifically requires you to provide such coverage for that additional insured, and then the insurance provided to the additional insured applies only to such "bodily injury" or "property damage" that oc- curs before the end of the period of time for which the "written contract requiring insur- ance" requires you to provide such coverage or the end of the policy period, whichever is earlier. 3. The insurance provided to the additional insured by this endorsement is excess over any valid and collectible "other insurance", whether primary, excess, contingent or on any other basis, that is available to the additional insured for a loss we cover under this endorsement. However, if the "written contract requiring insurance" specifically requires that this insurance apply on a primary basis or a primary and non-contributory basis, this insurance is primary to "other insurance" available to the additional insured which covers that person or organization as a named insured for such loss, and we will not share with that "other insurance". But the insurance provided to the additional insured by this endorsement still is excess over any valid and collectible "other in- surance", whether primary, excess, contingent or on any other basis, that is avaiiable to the addi- tional insured when that person or organization is an additional insured under such "other insur- ance", 4. As a condition of coverage provided to the additional insured by this endorsement: a) The additional insured must give us written notice as soon as practicable of an "occur- rence" or an offense which may result in a claim. To the extent possible, such notice should include: CG 02 46 08 05 @ 2005 The St. Paul Travelers Companies, Inc. Page 1 of 2 --. COMMERCIAL GENERAL LIABILITY i. How, when and where the "occurrence" or offense took place; ii. The names and addresses of any injured persons and witnesses; and iii. The nature and location of any Injury or damage arising out of the "occurrence" or offense. b) If a claim is made or "suit" is brought against the additional insured, the additional insured must: i. Immediately record the specifics of the claim or "suit" and the date received; and ii. Notify us as soon as practicable. The additional insured must see to it that we receive written notice of the claim or "suit" as soon as practicable. c) The additional insured must immediately send us copies of all legal papers received in connection with the claim or "suit", cooperate with us in the investigation or settlement of the claim or defense against the "suit", and otherwise comply with all policy conditions. d) The additional insured must tender the de- fense and indemnity of any claim or "suit" to any provider of "other insurance" which would cover the additional insured for a loss we cover under this endorsement. However, this condition does not affect whether the insur- ance provided to the additional insured by this endorsement is primary to "other Insur- ance" available to the additional insured which covers that person or organization as a named insured as described in paragraph 3. above. 5. The following definition is added to SECTION V. - DEFINITIONS: "Written contract requiring insurance" means that part of any written contract or agreement under which you are required to include a person or organization as an additional In- sured on this Coverage Part, provided that the "bodily injury" and "property damage" oc- curs and the "personal injury" is caused by an offense committed: a. After the signing and execution of the contract or agreement by you; b. While that part of the contract or agreement is in effect; and c. Before the end of the policy period. Page 2 of 2 @ 2005 The St. Paul Travelers Companies, Inc. CG 02 46 08 05