HomeMy WebLinkAboutPARSONS, BRINCKERHOFF, QUADE AND DOUGLAS, INC. aka PB AMERICAS, INC. 2C - 2008
INSURANCE ON FILE
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UNTIL INSURANCE EXPIRES
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THIRD AMENDMENT TO CONSULT ANT
AGREEMENT WITH PB AMERICAS, INC. (formerlv
known as PARSONS BRINK~RWOH8R'.N'c.t~ttot=1=)
~
THIS THIRD AMENDMENT (hereinafter "Third Amendment"), is made and
entered into this~ day of May, 2008, b~eJ) W Americas, Inc., a New York
corporation formerly known as Parsons I3 mihafter "Consultant"), and the
City of Santa Ana, a charter city and municipal corporation organized and existing under
the Constitution and laws of the State of California (hereinafter "City").
>
RECIT ALS
A. The City entered into an Agreement with Consultant on January 17,2006,
(hereinafter "the Agreement") to provide support services to complete the Santa
Ana Transit Master Plan. The City and consultant amended the Agreement on
or about February 5, 2007 and again on or about December 3,2007.
B. City needs further support services to conduct the Metrolink extension studies
that will meet the various Federal transit agencies' guidelines in order to
complete Step One of the "Go Local Program" with the Orange County
Transportation Authority.
C. As one of the work products produced by Consultant pursuant to the revised
scope of work which is incorporated by reference into the Agreement as
amended (specifically Tasks 8 and 9 of Scope Services, Exhibit A to the
Agreement, as amended), Consultant has prepared an approximately 5 minute
audiovisual presentation promoting the "Go Local Program" (hereinafter "the
Work"), which is the subject of this Third Amendment.
D. The City has requested that Consultant include as music on the sound
recording which is part of the Work, the song "Beautiful Day" written by
Adam Clayton, David Evans, Paul David Hewson, and Laurence Mullen, as
performed by the artists known as U2. The City has represented to Consultant
that for valuable consideration the City has previously entered into a written
license agreement with the American Society of Composers, Authors and
Publishers ("ASCAP") pursuant to which the City has been granted
performance rights to numerous songs, including inter alia the song
"Beautiful Day."
E. The parties hereto now desire to enter into this Third Amendment to clarify
the terms and conditions under which said parties shall make use of the Work
and to clarify the respective duties and responsibilities of the City and
Consultant relative to the Work.
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:
I. The parties to this Third Amendment hereby acknowledge and hereto expressly
agree that the Work is an "audiovisual work" as that term is defined by 17 U.S.c. section
101 (hereafter "the Copyright Act"), and that it shall be deemed and considered a "work
made for hire" within the meaning of that term under section 101 of the Copyright Act.
Said parties further hereby acknowledge and hereto expressly agree that the City
exclusively owns the copyright in the Work and all rights incident to such ownership,
(including all electronic and derivative rights) in all mediums of expression now existing
or devised in the future, and may utilize those exclusive rights both in the United States
and throughout the world and Universe.
2. Expressly excepting the music on the sound recording which is a part of the
Work, Consultant warrants and represents that the Work is original and has not before
been published; that he or she is the sole author ofthe Work and has full power, free of
any prior contract, lien or rights of any nature in anyone which might interfere therewith,
to enter into this Third Amendment and to grant the rights hereby conveyed to City; that
the Work contains no matter which is libelous or otherwise unlawful, infringes no right of
privacy, proprietary right or copyright (whether statutory or common law); that he or she
has not heretofore and will not hereafter enter into any agreement or understanding with
any person, firm or corporation other than City for the rights in the Work granted
hereunder. Consultant further agrees that he or she will hold City, its distributors,
employees, licensees, partners, agents, advertisers, and any retailer harmless against any
suit, claim, demand, proceeding, prosecution, recovery or penalty and any expense,
including attorneys' fees and litigation expenses arising out of same, by reason of any
claim or violation of any of the foregoing warranties or representations.
3. Consultant acknowledges. agrees and warrants that it has no right to reprint the
Work or to create derivative works based on the Work, unless it first seeks and receives
written approval of the City Manager of the City or designee, which approval may be
granted or withheld in the sole and absolute discretion of said officer of the City;
provided, however, that Consultant does, and is hereby granted the right, to show the
Work to third parties, for promotional purposes only, without music or with music other
than "Beautiful Day, the use of which music Consultant has or will obtain pennission,
right or license, as applicable, to use with the Work.
4. Provided Consultant is not in breach of this Agreement as amended, the City shall
indemnify and defend at its expense and hold harmless in any infringement claim,
demand, proceeding, suit or action ("Infringement Action") against Consultant, its
officers, employees, representative and agents for any infringement or violation, actual or
alleged, direct or contributory, intentional or otherwise, of any intellectual property
rights, including license, copyrights, ideas, concepts, themes, and other proprietary
information or rights (collectively "Intellectual Property Rights"), (I) on or in the use of
the Work; or (2) as a result of the City's actual or intended use of the Work. The city
also shall indemnify Consultant, its officers, employees, representatives and agents
2
against any loss, cost, expense, liability, or damages finally awarded against the City or
settlement as a consequence of such Infringement Action.
5. The above changes are the only changes to the Agreement as amended, and all other
terms and conditions of the Agreement as amended shall remain unchanged.
IN WITNESS WHEREOF, the parties hereto have executed this Third Amendment to
Agreement the date and year first above written.
ATTEST:
CITY OF SANTA ANA:
~(;~
~I P A TRlClA E. HEALY
Clerk ofthe Council
~
p:-DAVIDN. RE
City Manager
APPROVED AS TO FORM:
JOSEPH W. FLETCHER
City Attorney
BY:~_' ~
Jbr Benjamin Kaufman -
Chief Assistant City Attorney
RECOMMENDED FOR APPROVAL:
CONSULTANT
~~fd
James G. R s
Executive Director
Public Works Agency
City of Santa Ana
~~
"'Samuel W. Tso
Senior Vice President
Tax ID #: 11-1531569
3
~
City of Santa Ana
Transit Vision and Go Local Project Concept Definition
Study
Phase B
Amendment No.2
Scope of Work
(November 2007)
Task 8. Photosimulations
8.1 PB will prepare seven computer generated photosimulations as follows:
8.1.1 Santa Ana Blvd/Ross St. View at the intersection of Santa Ana Boulevard and
Ross Street using two photo views and incorporating the streetcar, station(s) and
the new Court building. The photosimulation will include animation.
8.1.2 SARTC Expansion. View of the SARTC looking south from atop the Santiago
Lofts incorporating the streetcar, station, transit-oriented development and other
expansion features. This photosimulation will include animation.
8.1.3 PE Rioht-of-Wav. View along the PE Right-of-Way at Willowick Golf Course
looking northwest from ground level incorporating the streetcar, arterial roadway,
bikepath, pedestrian sidewalk and landscaping. This photosimulation will include
animation.
8.1.4 Santa Ana Blvd Lookino East. Ground level view looking east along Santa Ana
Boulevard near Flower Street incorporating the streetcar. This photosimulation
will include animation.
8.1.5 Santa Ana Blvd/Bristol St. View of the intersection of Santa Ana Boulevard and
Bristol Street incorporating the Bristol Street widening concept, the streetcar,
Bristol Street BRT, and an intermodal transfer facility. This photosimulation will
NOT include animation.
8.1.6 SR22 Off-Ramp to PE Rioht-of-Wav. View of the PE Right-of-Way in the location
where it intersects with SR22 incorporating a vehicular off-ramp from the freeway
to the right-of-way and an arterial street along the right-of-way. This
photosimulation will NOT include the streetcar and will NOT include animation.
8.1.7 Civic Center Drive. Ground level view along Civic Center Drive in a location
similar to where photosimulations were created for the Centerline LRT project.
This photosimulation will include the streetcar and animation.
Oeliverables:
· Seven (7) photosimulations as described in Sections 8.1.1 through 8.1.7
Task 9. Aerial Tour Video
9.1 PB will develop an aerial flyover video of one (1) streetcar route, using available
aerial photography from either on-line sources or provided by the City of Santa
,
Ana. The aerial tour will travel over the aerial mapping and include a moving line
to replicate the streetcar route. The aerial tour will incorporate the seven
photosimulations defined and produced in Task 8 which will pop-up at the
appropriate locations on the aerial map. The aerial tour will also incorporate up
to five (5) additional still photos that will pop-up at key landmarks along the route.
9.2 PB will develop a schematic overview graphic of the Santa Ana area in relation to
regional transportation corridors that defines landmarks and transportation
access into the city. The schematic overview will be incorporated into the aerial
tour as an orientation for the tour.
Oeliverables:
· One (1) three to five minute aerial tour video.
· Schematic overview graphic
CERTIFICATE C'= LiABILITY INSURANCf . u";~/~~~~;'1
Serial # 506062 THIS CERTIFICATE IS ISSU 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.
COMPANIES AFFORDING COVERAGE
COM~ANY AMERICAN CASUAL TV CO. OF READING PA (NAlC '20427)
~CORDno
:lDUCER
Aon Risk Services, Inc. of New York
199 Wllter Street
New York. NY 10038
PHONE: 866-266-7475
FAX: 866-467-7847
lURED
PB AMERICAS, INC.
ONE PENN PLAZA
NEW YORK. NY 10119
COMPANY
B
CO~ANY TRANSPORTATION INSURANCE COMPANY (NAlC 120494)
; COMPANY
D
JWlRAQEI . - . '-1 '. ....."'... ....,
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.
TYPE OF INSURANCE
POLICY EFFECTIVE POLICY IllCPlRATION
DATE IMMIllCl'VY) DATI! (MWllQIYV)
UMITS
POLICY NUMBER
GENERAL LIABILITY GL 2095788109 11/01/2007 11/0112008 : GENERAL AGGREGATE s
X COMMERCIAL GENERAL UABILITY GENERAL LIABILITY (A1S) PRODUCTS - COMPIOP AGG $
CLAIMS MADE IX] OCCUR ; GL 2095788093 PERSONAL & ADV INJURY $
OWNER'S & CONTRACTOR'S PROT GENERAL LIABILITY-STOP GAP EACH OCCURRENCE S
ARE DAMAGE (Any one lite, S
MED EXP (Any one person, S
AUTOMOBILE UABILITY BUA 2095788112 11/01/2007 11/0112008
COMBINED SINGLE LIMIT ,$
X ANY AUTO COMMERCIAL AUTO
ALL OWNED AUTOS BUA 2095788126 PO BOOIL Y INJURY
SCHEDULED AUTOS AUTO PHYSICAL DAMAGE , (Per pef$QI\)
HIRED AUTOS . $500 OED COMP BOOII. Y INJURY
NQN-OWNED AUTOS ;$1,000 OED CalL (Per accident)
PROPERl't DAMAGE S
GARAGE UABILITY AUTO ONLY. EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE ,$
i EXCESS LIABILITY EACH OCCURRENCE '$
UMBR ELLA FORM AGGREGATE S
r--------v--
OTHER THAN UMBRELLA FOAM $
WORKER'S COMPENSATION AND : we 2095788059 AOS 11/01/2007 11/01/2008
EMPLOYERS' LIABIUTY I we 2095788062 eA ONLY 11/01/2007 11/01/2008
s
THE PFlOPIllfTOf\' X ,INCL we 2095788076 RETRO (OR,VA,WI) 11/01/2007 11/0112008 EL DISEASE - POUCY LIMIT $
PARTNEflS'EXECUTM:
a'ACERS ARE: ' EXCL EL DISEASE - EA EMPLOYEE $
OTHER
5.000,000
5,000,000
1,000,000
1,000,000
300,000
5,000
2,000,000
1 ,000,000
1,000,000
1 000,000
SCIllPTlDN DF OPERATIONSILOCATIONSlYEHICl.ESISPECIAL ITEMS
B .11972) SARTC METROUNK EXTENSION STUDY
(CEPT FOR WORKERS COMPESATION, CITY OF SANTA ANA, ITS OFFICERS AND EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED: 1) FOR
ABILITY TO WHICH THEY MAY BE SUBJECT TO AS A RESULT OF PB'S NEGLIGENCE & 2)UP TO COVERAGE AMOUNTS HEREON.
.......~.-.~~~
... .t' ~'~ ~ .... 10 ,
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CITY OF SANTA ANA, M - 30
20 CIVIC CENTER PLAZA
SANTA ANA, CA 92702
i~;' ~: .:i..1;'"
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELlED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ~MAIL
~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
lGlUllCG)ll'
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. .~' ;;~; j~" , ;~ ;,;.' ~~~,~ . ~
A~O~RESE~A~
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ARSON 2000 2/i'S.FP:-4PARSONS L1A81L1TY CI!I.()fl.FPIi
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IN$UflAN
PUNO
!J.O. 'BqXA?~807. SAN fRANCISCO, GA~fl1;4?;1Ja07
. .
CERTfFICATE OF WORKERl,.COMPENSATION.INSUAANCE
APRIL 11 2007
POi.lL;Y Nl JMf.lt'H 624-06 UNlT00(4~00S
(.:Ef~lIHCATf.' FXP1RE~. 4-1-08 .
CITY Of S,AHTA. Mf~,
PUBL:Ee !,QJHS 'J(GEN~Y .~,. ~,>' '"''':'''
~:TTN: Dmn.1.SAi";~~a~~$$Oc..;~, 17~~F~Rfo\~J ~lHN . '. .' ..... ,. ...'
.2~ CIVIC.Cllf '1-,.\3:. 'SAW'U 'A1~"t~92702' lOlh ALl.. CAtUORklA O~ERA'fI'ON~.
. -.,. ~ . . " 'i_,":,.
,
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Till:' b tu cer!lty that 'we have is~ued a vallo WOlkers ComI5em"mion :IlSur,H1Cl' ro1iCy II' a torni apprO\lf.:(! by llle O;:liJfcrrik,.
Insuranc.c C'Anmi:;;:;;iQI-Ier tq the pmployer named below fot the PQlicy period indicat~d.
TillS oC:,r:, I:; lot !;dbICr.;j:O (; .Uiu.:llnttDn by H..: Funcl cxc'~pt upu!.l,:p ;J,:y'" advanu:l vmtten n >h;e j(j li:t; ':npl(ije,
w.~ wlii aIS01ilIv.t! y(ll, TEN Oi'lys advanGI:! n{)fj~j$hOuld Ihis polir:y b.~ c;;lrlcelind priorto its IIt'tm,,! ~x~:W<ttlorr.
This cb'rtlflcatF. of insurapC6.15 not.;m in~l!rance r.m!lGY nnd does riot nmcmd; extemj of alltH tlie cov,,(age <lffo"_ii~tj by (tIO
Dollc:es Ii~ted !l(lfr;in. NQtWilllstandin'g (jny Jl:lqll!Jf:JITIl:lnl.. term or condition pi any (;o",\r;::\I)1 Or other document with
'ASPACI to wllletl ti'll" cert'!ic:ate lir 1r15IJrqliC;€ IHay b(~ tsr;lInrJ 01 lllay pert(lin, the .InSilmnr;,:; dfford,~d bytlk J.l'l/tCit:S
G(:scrlbed hecein I'; sUhj')'-- to all ttH:1 terms,. f~xr.ll1sions ,tn:i c:o[lrlitiom; ui such 11nJi<;iF$
.~"l.' nc~r'TI'1 ....
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(5<--'." -.: ) L",,-..ckfCY1
l r" L-, :!f" -Fi.j I
EltPLOYER'S I.lABILITY1..nnT InCLUDING DEFENSE COS1'SI$l. 000. 000 N::n OCCUfffl'&NCIi:.
. .
~~,'
,{
f MPLOYER
ECOltQ~lnCQNT.I{QL PRODUCTS;.. <Ule, ;.ND/OR
ttONOLI1'E TRAFFIC EHC;'lNE:.EnlHG& MA1NTENANCE. lKc.
a:l&0E.U,. ~AUtAAygiU.lE.:' ,
AHAHEIK. CA 92806
'<2~""'"
THIS DOCUMENT HAS A BLUE PATTERNED BACKGROUND selF 10262Ii'lEV. 7-65)
CERTHOLDER COpy
SP
STATE
COMP.NSATlON
INSU..ANC.
FUND
P.O. BOX 420807, SAN FRANCISCO,CA 94142-0807
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE: 04-28-2008
GROUP: 000824
POLICY NUMBER: 0001006-2007
CERTlFICA TE 10: 110
CERTIFICATE EXPIRES: 04-01-200'
04-01-2008/04-01-2001
CITY OF SMTA MA
20 CIZI CENTER PLAZA
PO BOX 1.88
SANTA ANA CA 12702-1'88
SP
This is to certifv thllt we hava issued a valid Work.er.' Compens.tlon InsurlnCe policy in a form approved by the
C.liforni. Insurance Commissioner to the employer rwned below for the policy period indic.ted.
This policy is not subject to cancellnlon bV the Fund except upon 30 days adv.-.ce written notice to tNt employer.
We will also give you 30 days ICIvtnce notice should this policy be cancelled prior to its normal expiration.
This certlflcat. of insurance is not In insurance policy .,d does not amend. extend or alter the cover.;e afforded
bV tile policy listed herein. Notwith$tandi~ ..v requirement term or condition of any contr~t or other document
with respect to which this certificate of Insu-ance m8V be Issued or to which it mlY Ptlftain. tile Insurance
afforded by the policy described herein is subject to all the terms. exclusions. and conditions. of such policy.
6::R~ ~~
E.LOYER'S LIABILITY UMIT INCLUDING DEFENSE COSTS: $1.000,000 PER OCCURRENCE.
EN)QRSEMENT 12085 ENTITLED C!RTlI'ICATE HOLDERS' NOTICE EFFECTIVE 04-01-2008 IS
ATTA04I!D TO AND FORMS A PART or THJS POLlCY.
~/
EMPLOYER
ECONDLITE TRAFFIC EIGI . MAIN. INC. AND/OR
SAFETRAN TRAFfIC SYSTIDIS. INC.
3380 E LA PAUlA AYE
ANAHEIM CA 12808c
[B17.50]
PRINTED 04-28-2008
lRev.2-0II1
ACa.BD..
CERTIFICATE OF LIABILITY INSURANCE
DAn: (MMIODlYY)
04/22/08
THIS CERTIFICATE IS ISSUED 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 POUCIES BELOW.
RODUCER
InlonBanc Insurance Svcs, Inc.
i80 Langsdorf Drive #100
'.0. Box 34009
:ullerton, CA 92834.9409
INSURERS AFFORDING COVERAGE
Econolite Traffic Engineering &
Maintenance, Inc.
3360 E. La Palma Ave.
Anaheim, CA 92806
IN~l!.RERA: Fed_erallnsura~ce Comp~ny ._.._____
. INS~ER 8: ~erican Gua~~ntee a~d Liability I~~
INSURER c:
~SURED
INSURER D:
INSURER E:
:OVERAGES
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 POUCIES DESCRIBED HEREIN IS SUBJECT TO ALl THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'JUjTO__ ------~ .-- '.-..---==0 .---..-- .-. ------
f: ' TYPE OF INSURANCE . POUCY NUMBER POi!fY EFFEC11~E POLICY E~IRATI~N UMITS
~ ~~~ERAL LIABILITY 35818716 EACH OCCU~.~~~ 1$1 ,000,gPJL.__
, X ~COMMEflCIALGENEflALLIABILI1Y 'FIREDAMAGE{Anyonefire) 51 ODD 000
:- 1 ' CLAIMS MADE LxJ OCCUR ~ ME~~XP{A~~ne~l$on) O' $1.0.000
..K._Ded/SIR:'OO,OOQ PERSONAL &ADY INJURY .. $1.000,OQ~_.
; GENERALAGGREG~TE ~,<!OO,OOO
PRODUCTS -COMPEP AGG -f-2,OOO.OOO_
; GEN'LAGGREGATE LIMIT APPLIES PER:
I -
i POLleY I I PR"i-
A AUTOMOBILE LIABIUTY
I ~ :~: ;::0 AUTOS
I SCHEDULED AUTOS
! X- HIRED AUTOS
r~ NON-QWNED AUTOS
73215072
i 04/27/08
I
I
04/27/09
COMBINED SINGLE WAIT
I (Ee accident)
BOOIL Y INJURY
(Per person)
r B_ODIL Y INJURY
~ eccident)
i $1,000,000
.$
I
\ $
PROPERlY DAMAGE
(per accident)
1$
B
EXCESS LIABILITY
X \ OCCUR
I AUC534614103
i
~ I CLAIMS MADE I
I
04/27/08
04127/09
AUTO O~L Y - EA ACCIDEI':l.r.~L..
OTHER THAN EA ACC i $__.._ __
AUTO ONLY: AGG ! $
I' ~ OCCURRE~g,~_ $2 OOO,QQL-__
I """"'^" ~ -:- - ;2 00_0,000 _
is
__i~~~I;1-Ws ' .~
E.L EACH ACCIDENT ~ S
E:~!?ISEASE -EA EMPL2YE~l_~.._.
E.L DISEASE - POLICY LIMIT 1 S
LGARAGE UA81L1TY
ANY AUTO
;..-
b DEDUCTiBlE
RETENTION S
i WORKERS COMPENSATION AND
I EMPLOYERS' LIABILITY
I
I
I
OTHER
DESCRIPTION OF OPERA TlONSlLOCA TIONSlVEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS
*10 Days Notice of Cancellation for Non Payment of Premium. Certificate Holder Is added
as Additional Insured per polley form #80022305 (4~01); Waiver of Subrogation, Primary
and Non Contributory apply per policy form #80022000 (4"()1) both a part of policy
#35818716.
(See Attached Descriptions)
~/;/g
CERllFICATE HOLDER
ADDIl10NAL INSURED' INSURER LETTER:
CANCELunON
SHOULD ANYOFTHE ABOVE D ESCRlBED.POLlCES BE CANCELLED BEFORE THE EXPlRA110N
DATE THEREOF, THE IsstJING INSURER WILL ENDEAVOR TO MAIL ~O DA'tS WRITTEN
N011CETOTHE CER11FICATE HOLDER NAMED TOTHE LEFT. BUT FAILURE TODOSOSHALL
IMPOSE NOOBUGATlON OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENT o\T1VE
N~J ~L/~
City of Santa Ana
Attn: Vinh Nguyen
P.O. Box 1988/ M043
Santa Ana. CA 92702.1988
ACORD 25-5 (7/97) 1 of 3
#S439003/M438969
CLRAG li) ACORD CORPORATION 1988
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-S (7197)2 of 3 #S439003/M438969
DESCRIPTIONS (Continued from Page 1)
lE: Traffic Signal System, Advanced Traffic Management System, and Street
.ight System Maintenance In and for the City of Santa Ana. Certificate
"older Is amended to read: The City, Its officers, employees, agents,
rolunteers and representatives
AMS 25.3 (07/97) 3
of3
#S439003/M438969
.~
CHUBa
Liability Insurance
Endorsement
Po/icy Period
April 27, 2008 to April 27, 2009
Effective Date
Apri127,2008
3581-87-16
Policy Number
Insured
Econolite Traffic Engineering And
Maintenance. Inc.
Date Issued
FEDERAL INSURANCE COMPANY
April 27, 2008
Name of Company
~~*:1::::~~:::t.:t:~1:~::~~~~j::~;t:r.~~~:~~,.~*~mt~~;X~:$~I$~lf~l$::t:~~~~~f*~:y'~*:j'lW~'~l$:~~It.~lS*)$~~;:~~~:f*:f~&:S~~~1nC~!:u*~:tCi'~~:~f:.~~9.'t.~:bWI
This Endorsement applies to the following fonns:
GENERAL LIABILlTY
~~~~f.c~;l:I:~l:;;:%.<i.~1t~tl<t~tl<l'iti.:t~r~$~m$'jlll'if,f.ti:M!~lfiililfU$ll$Jl,~~:Iil:lil*~~~t.~:r.l$ll*~,**mSlllllf.l=l:t*l!'~ll:l:l*:l:i:$w~~"ff.*~it.~,*iN'l
Under Who Lo; An Insured. the following provision is added:
Who's An Insured
Owners, Lessees Or
Contractors
Any person or organization de!;ignaled below is an insured; but they are insureds only with respect
to their liability as owner. lessee or conlra.ctor arising oul of your ongoing operations performed for
thal bLwred.
Liabilily Insurance
~ Form 80-02-2305 (R~v 4-01)
Addifionallnsured - OwnSf5, LsssIISs Or Contractors
Endors"~nt
continu9d
Page 1
Who Is An Insured
Owners, Lessees Or
Contractors
(continuBd)
LiabJ/iry IMUranal
Form 80.02-2305 (Rev. 4-01)
Designated Owners. Lessees Or Contractors
Additional Insured as per attached Certificate of
Insurance.
All other t.erm~ and conditions remain unchanged.
Authorized ReprHentativlI
12w-~
Additional fnsurlld - OWfMllW, LsBIINS Or Contractors
EndorSlllTUlnt
last page
Psg. 2
Econolite Trafffic Engineering & Maintenance. Inc.
California Chassis, Inc.
Policy #35818716
Conditions
Duties In The Event Of
Occurrence,Offense,
Claim Or Suit
(continued)
Legal ACf;on Against Us
Other Insurance
LiaMity Insurance
Form BO-o2-20OQRev. 4-01)
F.
Knowledge of an occurrence or offense by an agent or emploYl'e of the insured ",ill not
cOllstitute knowledg.e by the insured, unless an oCficer (whcther or not an employee) of any
insured t)r an officer'sdcsignoe knows about such occurrence or offense.
G, Faill1n~ of:m agcnt or emplnyee of the inslIrNl other Ihan an offit'cr (whcthcrllr not all
employee) of any insured or an ofTacer'sdesignee, 10 nOlity us of an occurrence or oficnsc
lhal sur:h pt.'I'SOIl knows about will nol aflt.'Ct the insurance afforde.d to you.
11. If a claim or loss does not reasonably appear to involve this insuram:c, but it later develops
into a claim or loss t 0 which this insurance applics,the lailurc to rcport illO us will not
violate this condition, provided the insured gi ves Ug immediate notice a.s soon as the insured
is aware that this insurance may apply to such claim or loss.
No person or organization has a right WIder this insurance to;
join us as a party or otherwise bring u... into a suit seeking damages from an insured; or
sue us on this insurance unless all of the terms and conditions of this insurance have lx:cn
tully complied with.
A person or organization may sue us to recover on an agreed settlement ()r 011 a final judgment
~lgainst an insured obtained after an actual:
trial in a civil proct.'eLling; or
arbitration or otht:r alternative dispute resolution proceeding;
but we will not be liable for damages thai are not payable under the terms and conditions of this
insurance or that arc ill excess of the applicable Limits Of Insurance.
I f other valid and collectible insurance is available to the insured for loss we would otherwise
cover under this insurance, our obligations are limited as follows.
Primary Insurance
This insurance is primary except when the Excess Insurance provision described below applies.
I f this insurance is primary. ollr obligations arc not ancctcd unless an)' of the other insurrull.:e is also
primary. Then, we ,,:ill share with all that 01 her insurance by the method described in the Method of
Sharing provision described below.
Excess Insurance
This insurdm;e is excess over any other insurance. whelher primary, cx\:ess. contingent or on any
~)ther basis:
A. that is Fire, Extended Coverage, Builder'sRisK, Installation Risk or similar insurance for
your work;
B. that is insurance that applies to property damage to premises rented to you or temporarily
()ccupi~-d hy you with pcnnission of the owncr;
(' jfthc loss arises out of aircraft, autos or wlltcrcral\ (to the extent not subjcct to lhe Aircl1Ifl,
Autos Or W,ltercrafi exclusion);
Contract
Page 22 of 32
Conditions
Other Insurance
(continued)
PremiumAudit
Separation Of Insureds
Liability Insurance
Form BO-G2-20oqRev 4-01)
General Liability
Econolite Control Products, Inc.
Econolite Trafffic Engineering &
Maintenance, Inc.
California Chassis, Inc.
Policy #35818716
04/27/06 to 04/27fD7
D.
Ihal is iusur,ulc\::
1. provided to you by any person or organization working under contract ()f agreement
for y()u~ or
2. wlder which YI)U arc included as an insured; or
E. that is insurance under any Property section of this policy.
When this insurance is excess, we will have no duty to defend the insured against any suit if any
other insurer has a dUlY to defend such insured against such suillf no other insurer defends, we
will undertake to do so, buL we will be entitled to the insurcd'srights against all those otIu..'1"
insurers.
When this insuraIU:C is excess (wcr other insurance. we will pay only mlr share of dw amounl of
los...., if any, thai ex.('ccds lhe sum of the lotal:
amount that all other insurance would pay for loss in the absence ofthis insurance; and
of all deductible and self-in~uredunounts under all other insurance.
We will share the reOlainingloss, if any, with any other insurance that is not described in this
Excess Insurance provision and was not negotiated specifically to apply in excess of the Limit:i Of
Illsur'dllce sho\lTI in the DecllU"cltions of this insurance.
Method of Sharing
11' all orthe other insurance pemlits contribution by equal shares, we will foil ow this method also.
Under this method each iIl~urcrcontribulcscqual amounts Wllil it has paid its applicable limitsof
insumncc or none or the loss remains, whichever comes first.
If any of the other insurance docs not permit contribution by equal share:;, ......e v,'ill contribute oy
limit:!. Under this method, each insurer's,;;hare is based on the ratio of its applicable limits of
insur.mcc to the tOla1 applicablulimits of insurance of all insurers.
We will compule all premiums for this insurance in accordancc wilh our rulc!! and rates.
In accordance with Ole Estimated PremiWlls section of the Premium Summary, prtlmium.~ shown
with an a~t~risk (*) are e.~tjll1atoo pr~miums ami are subject to audit.
In addition to or in li~u of such designation in the Premium Summary, prcmium:\ may be designated
a.... estimatcd premiumsc1scwberc in this policy. In that case. these premiums will ..Iso be subj~t:t to
audit, amI the second paragr.lphofthe Estimated Premiums scction of the Premium Summary will
apply.
E~cept with respect to the LimitsOflnsurauce. and any rights or duties s(X.'CilicaUy assigned inlhis
iusurdllcc 10 the Iirsl mUlled insured, Ihis insurance applies:
as if each named insured were the only named insured; and
separate Iy to each insured against whom claim is made or suit is brought
Contract
Pago 23 of 32
Econolite Trafffic Engineering &
Maintenance, Inc.
Califomia Chassis, Inc.
Polley #35818716
Conditions
(continued)
TransferOr Waiver Of
Rights Of Recovery
Against Others
Liability Insurance
Form 80-o2-2()()(XRev. 4-01)
We will waive tbe right of recovery we would othcrwischavc had against another pcrsnn or
organization. ti>r loss to which thi~ insurance al')plies. provided the insured has waived their rights
of n..'Ctweryagainst such pcrsnn Of organization in a contracl or agfl..'Cmentthat is executed hefore
such los.~.
To the extent thai the Insurcll'srights 10 recover all or part ofmlY payment made under this
insurance have not been waived, those rights are tran..;tcrrcd to us. The insured must do nOlhing.
after loss to impair them. AI our request, the insured will bring liuil Of transfer those rights 10 us
and help us enfofce Ihem.
Thi S cOlldi lioll does not apply to medkal expensl's.
.....P::fl'~,..
Contract
Page 24 of 32