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HomeMy WebLinkAboutVCA CODE GROUP, INC. f/n/a VANDORPE CHOU ASSOCIATES 1bAGREEMENT TERMINATION Please complete this form when the attached agreement is no longeri effect. Return form to the Sr. Deputy Clerk of the Council (M-30). Calj7,,5238 if youiey questions. �,4 ---------------`-/-------------------------------------- V The agreement with i (��1hL �✓� Asa n No. was completed on `�SG>/ and final payment has been made_ R -2065- 247 (1) Com Department f A • 2 uo b' b% 7 (10 Signature: Date: City of Santa Ana Revised 8-7-03 Clerk of the Council A-2006-276 i 7-�—n7 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT is entered into on October (r2cR1�a1 16, 2006, by and between VCA Code Group, 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-2005-247, dated October 17, 2005, (hereinafter "said Agreement") by which Consultant has provided building inspection 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 six-month period and increase compensation to pay for services during the extended 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 Second Amendment to Consultant Agreement, the parties agree as follows: 1. Section 2.a., COMPENSATION, shall be amended to increase compensation by $80,000 for a total amount not to exceed $230,000 during the term of said Agreement. 2. Section 3, TERM, shall be amended to extend the termination date to June 30, 2007, unless terminated earlier pursuant to said Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Consultant Agreement on the date and year first written above. CITY OF SANTA ANA ATTEST: � PATRICIA E. HEALLY DAVID N. REAl41 Clerk of the Council City Manager I APPROVED AS TO FORM: r- � 1r68EPH W.FL TCHER City Attorney VCA CODE GROUP Z�614_ DAN VAN DORPE President ACORb CERTIFICATE OF LIABILITY INSURANCE . Date (Mrnlddryy) Producer 9/19/2006 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. COmppIBIe Insurance, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 19000 MacArthur Blvd. PH Floor COVERAGE AFFORDED BY THE POLICIES BELOW, Irvine CA 92612 wm omelet 6 INSURER Fidelity & Guaranty Ins. Co. www.Completelnsurance.om A c/o St. Paul Travelers -- INSURER St. Paul Protective Ins. Co. Insured c/o St. Paul Travelers MN INSURER VanDorpe Chou Associates, Inc.; The Code Group, Inc.; VCA Code Group INSURER 2200 W. Orangewood Ave., Ste. 150 Orange CA 92668 INSURER "COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEENISSUED 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. AGGRFle,,c I—— �......... . A TYPEOFINSURANCE POLICYNUMBER AT E EXPIRATION DATE GATE I LIMITS RAL LIABILITY I(RLXOMCURRENCEWERCAL GENERALLAS BK02191020 7/1/2006 7/1/2007u1M5 MADE �vIOCCUR u F We i A ANYAUTO ALL OWNED AUTOS SCHEDULED AUTOS HIREOAUTOS NON -OWNED AUTOS GARAGE LIABILITY ANYAUTO EXCESS LIABILITY A OCCUR �CLAB DEDUCTIBLE RETENTION WORKERSCOMPEN2 EMPLOYERS UABILII B holder BAD2191024 MADE 1 BK02191020 B W 02191029 7/1/2006 17/1/2007 (COMBINED SINGLE LIMIT 7/1/2006 17/1/2007 7/1/2006 accident) th tthe NamedInsuredInsuredT pnortosGeneral an occurrencelandnas per olverla le forbut m lGL/BF26090903 and Endt. form aiver of Subrogation Endt. WC040306 included as respects Work Comp only for anyone whom the agreed to furnish by written agreement. Coverage subject to all policy terms and conditions. 2ER CANOELWION, IulWing Inspection Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City of Santa Ana, It's Officers, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL I'rt�(�OW%MAIL empployees, agents, VOUnteers, 3D DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE end representatives agents � «. 20 Civic Center Plaza Santa Ana CA 92701 iD 25-S )7197) 1 Zwe 10 Days for Non AC401 E EAT I TE 0 �t ri '11'iE i�iC Date (mMtltll ) 9/19/2006 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. Complete Insurance, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 19000 MacArthur Blvd. PH Floor COVERAGE AFFORDED By THE POLICIES BELOW. Irvine CA 92612 INSURERS AFFORDING COVERAGE (949) 263-0606 www.Completelnsurance.com INSURER Fidelity & Guaranty Ins. Co. c/o S.Paul Travelers, MN INSURER St. Paul Protective Ins. Co. c/o St. Paul Travelers, MN Insured VanDorpe Chou Associates, Inc.; A 7b INSURER The Code Group, Inc.; 4_ �(�(�_ � 7 INSURER VCA Code Group 2200 W. Orangewood Ave., Ste. 150 Orange CA 92668 INSURER E ERAG15 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. ILTR NSR 7ypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS A GENERAL LIABILITY COMMERCIAL GENERAL LIAR BK02191020 7/1/2006 7/1/2007 EACH OCCURRENCE g FIRE DAMAGE (An one fire) $ CLAIMS MADE OOCCUR MED EXP (An one erson) $ 10,000 PERSONAL & ADV INJURY $ 1 000 000 GEN'L AGG LIMIT APPLIES PER GENERAL AGGREGATE $ 2 000 000 PRODUCTS COMP/OP AGG $ 2,000,000 POLICY PROJECT LOC $ AUTOMOBILE LIABILITY A ANY AUTO BA02191024 7/1/2006 7/1/2007 COMBINED SINGLE LIMIT $ 1 000 nnn ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) 8 HIRED AUTOS BODILY INJURY .ON OSAUTOS (Per ac<itlent) E PROPERTY DAMAGE (Per a<citlent) 8 GARAGE LIABILITY ANY AUTO AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ EXCESS LIABILITY AUTO ONLY: ADD $ A OCCUR [] CLAIMS MADE BK02191020 7/1/2006 7/1/2007 EACH OCCURRENCE $ 1 000 000 AGGREGATE $ 1000000 $ DEDUCTIBLE E$ RETENTION $ WORKERS' COMPENSATION & EMPLOYERS' LIABILITY STATUTORY LIMIT THEN =, EL EACH ACCIDENT $ 1000000 B BW02191029 7/1/2006 7/1/2007 EL DISEASE EA EMPLOYEE $ 1 000 000 EL DISEASE - POLICY LIMIT $ RIPTI N OF RATI N L ATI NS HI L EXCLU I NS A ED BV END R EME SPE IAL PROVISIONS Certificate holder is Additional Insured as respects General Liability and Auto Liability but Onlyy if reqquired by written aggreement with the Named Insured prior to an occurrence and as per coverage form CL/BF26090903 and Endt. form CL/CA99090895. Waiver of Subrogation Endt. WC040306 included as respects Work Comp only for anyone whom the Named Insured has agreed to furnish by written agreement. Coverage subject to all policy terms and conditions. SE'I�"P`If~IGATE MQI,DER-- G"At$iC�LI.A"i4pN RE Building Inspection Services SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE City Of Santa Ana, It's Officers, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ?W=iVX MAIL employees, agents, volunteers, 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE ana representatives LEFT, gPd~�LXX&M4P4m>0{X ,14MXaV)4gx tfNc�t14K7 20 Civic Center Plaza 0XD�Waysfo rKXNo�n-PaymeRPnt of Premium Santa Ana CA 92701 AUTHORIZED _ REPRESENTATIVE Alicia K. Igram,J/' (�+{�iYRCf 25-S �`i97j .QACiOhA OORPORATfOfJ,198;�. ':: IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 (2001/08) created at www.e CertsONLINE.com 9/19/2006 ARCHITECTS AND ENGINEERS PROGRAM SUMMARY ENDORSEMENT THIS SUMMARY ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. INSURED: VanDorpe Chou Associates, Inc.; Fidelity & Guaranty Ins. Co. The Code Group, Inc.; (c/o St. Paul Travelers, MN) VCA Code Group POLICY NUMBER: BK02191020 POLICY PERIOD: 7/1/2006 To 7/1/2007 ADDITIONAL INSURED: City of Santa Ana, it's officers, employees, agents, volunteers, 20 Civic Center Plaza and representatives Santa Ana CA 92701 This summary endorsement modifies insurance provided under the following: Additional Insured: The following is added to Section 11. 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 when, the "bodily injury" or "property, damage" 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 liabihry arising out of "your work" for that person or organization. However, such person or organization is not an insured with respect to any: (1) `Bodily injury", "property damage", "personal injury" or "advertising injury" that does not arise out of (a) Your negligence; or 0)) The negligence of another person or organization for whom you are liable; (2) `Bodily injury" "property damage", "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) Property 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) "Your 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, 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 vou. Notice of Cancellation: We may cancel this policy by mailing (fast class mail only) or delivering written notice of cancellation at least a. 10 days before the effective date of cancellation if we cancel for non-payment of premium; or b. 30 days before the effective date of cancellation if we cancel for any other reasons Other Insurance: The following replaces SECTION IV.Condmons, 5. "Other Insurance", a. Primary Insurance, (2): (2) However, this insurance will be 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 INSURED 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 be 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 this Coverage Part to 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 Rights of Recovery and Proceeds Against Others to Us (Waiver of Subrogation): The following is added to Section IV. Conditions, 8.: However, we waive any right of recovery and proceeds 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", "property damage", "personal injury" or "advertising injury" arising out of "your work" in ongoing operations or included in the "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 those rights of recovery and proceeds for such person or organization. Countersigned by Authorized Representative CUBE 26 09 09 03 Includes copyrighted material of Insurance Services Office with its - _ Printed in U.S.A. Abbreviated permission. Copyright, Insurance Services Office, Inc. 2001��' Policy Number: BA02191024 Insured: VanDorpe Chou Associates, Inc.; The Code Group, Inc.; VCA Code Group COMMERCIAL AUTO 9/19/2006 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. 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, it's officers, employees, agents, volunteers, and representatives 20 Civic Center Plaza Santa Ana CA 92701 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 Additional Insured. However, the naming of the person or organization shown in the Schedule as an Additional Insured does not increase or alter the Limit of Insurance nor the scope of coverage of this policy. B. EXCLUSIONS This insurance does not apply to: have in the absence 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. 1. 'Bodily injury" or 'properly damage' for which the Additional C. Any coverage provided by this policy shall be excess Insured is obligated to pay damages by reason of the assumption only, over any other valid and collectible insurance which would of liability in a contract or agreement. But this exclusion does not apply in the absence of this policy. However, this policy shall not be excess over any policy written as specific excess. apply to liability for damages that the Additional Insured would Includes copyrighted material of Insurance Services Office, Inc., with its permission. CUCA 99 09 08 95 Copyright, Insurance Services Office, Inc., 1993 9/19/2006 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE 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 forms a part of: Policy No. BW02191029 Endorsement Notice of the St. Paul Fire and Marine Insurance Company NCCI Carrier Code 13706 Issued to: VanDorpe Chou Associates, Inc.; The Code Group, Inc.; VCA Code Group Policy Expiration Date: 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 furnish this waiver. Minimum Premium: $100.00 The premium for this coverage will be determined and billed at Audit. WC 04 03 06 (Ed. 04 84) Printed in U.S.A. ACORN" 0076 ICATE ©O.; 1A; Ik ITY oaLe lmmfaaryrl' tN 4 .: 9/19/2006 Producer THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, Complete Insurance, Inc. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE 19000 MacArthur Blvd. PH Floor COVERAGE AFFORDED BY THE POLICIES BELOW. Irvine CA 92612 INSURERS AFFORDING COVERAGE (949) 263-0606 INSURER ACE American Insurance Company www.Completeinsurance.com INSURER Insured INSURER VanDorpe Chou Associates, Inc.; The Code Group, Inc.; VCA Code Group INSURER 2200 W. Orangewood Ave., Ste. 150 Orange CA 92668 INSURER E �QU�i; ACES "NAMED THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED 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. POLICY POLICY INSR LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATIONA LIMITS EACH OCCURRENCE $ GENERAL LIABILITY COMMERCIAL GENERAL LIAR CLAIMS MADE FIRE DAMAGE (An one fire) $ MET EXP (An one arson) $ OCCUR PERSONAL & ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGO LIMIT APPLIES PER __[PROJECT PRODUCTS CONING AGG $ POLICY LOC $ AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT ALL OWNED AUTOS $ BODILY INJURY SCHEDULED AUTOS (Per person) HIRED AUTOS BODILY INJURY NONOWNED AUTOS (Per accident) $ PROPERTY DAMAGE (Per accident)$ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC E AUTO ONLY: qGG 8 EXCESS LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE $RETENTION $ $WORKERS' COMPENSATION & LIABILITY RAGGREGATE$DEDUCTIBLE Y LIMIT THER' "EEMPLOYERS' ENT $A EMPLOYEE $OLICY LIMIT $Professional 0 er Claim iab. E 21675283002 7 1 2006 7/1 2007 4,000,000 Aggregate DESCRIPTION F rtKAIIUINLUUAIJONS/VEHICLES/EX—C—L-USIONSADDED BY ENDOR MENT S E IAL P VISION 30 Day Notice Endt. PF12798 included - 10 day notice applies to non-payment / ? G �'TtFICA'TU HOLDER CANCELLATION . xGJs s i1r. Ic k1tL>rI. y SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE " RE: BUllding Inspection Services City of Santa Ana, It's officers, EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL employees, agents, volunteers, 30 _DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE and representatives LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRE- 20 Civic Center Plaza SENTATIVES. ' 10 Days for Non -Payment of Premium Santa Ana CA 92701 AUTHORIZED REPRESENTATIVE Alicia K. ]gram - ,IRC4Rb25-S S7J37Y Q ACORDCQRPQRATlQM1F 196t3 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 (2001108) created at www.eCertsONLINE.com 9/19/2006 THIS NOTICE CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured VanDorpe Chou Associates, Inc.; The Code Group, Inc.; Endorsement Notice VCA Code Group Policy Number Policy Period EON G21675283002 7/1/2006 to 7/1/2007 Issued By (Name of Insurance Company) ACE American Insurance Company Notice of Cancellation NOTICE ENDORSEMENT — CANCELLATION or NON -RENEWAL We agree with you that this Policy will not be: X cancelled non -renewed until 30 days prior written notice is given to: City of Santa Ana, it's officers, employees, agents, volunteers, and representatives 20 Civic Center Plaza Santa Ana CA 92701 All other terms and conditions of this Policy remain unchanged. Authorized Representative Cancellation Notice for PF-12798 Page 1 of 1