HomeMy WebLinkAboutECONOLITE TRAFFIC ENGINEERING AND MAINTENANCE, INC. 2a-2010INSURANCE ON FILL
WORK MAY PROCEED A-2008-084-01
UNTIL INSURA"iCF F?PIRE
Lt-2- 7-_20Lj
CLERK OF CO! ?NC1!
DATE AUG 2 6 WO
FIRST AMENDMENT TO AGREEMENT
THIS FIRST AMENDMENT TO AGREEMENT is entered into on July 7, 2010, by and
between Econolite Traffic Engineering and Maintenance, Inc. ("Consultant") and the City of
?-? Santa Ana ("City").
RECITALS:
cY
O A. The parties entered into Agreement A-2008-084, dated May 5, 2008, (hereinafter "said
1 Agreement") by which Consultant has provided street light upgrade services for the Floral
Park Neighborhood.
B. The Parties intended that the streetlight upgrade project would be a three year project. Based
on that intent, the Contractor has continued to provide services, however, the parties did not
execute the writing extending the term.
C. The Parties now desire to execute this First Amendment to Agreement, extending the term to
allow the project to continue uninterrupted.
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
Agreement, the parties agree as follows:
1. Section 3, TERM, shall be deleted in its entirety and replaced with the following:
"This Agreement shall commence on May 5, 2008 and will terminate June 30, 2011, unless
terminated earlier in accordance with Section 12, below. The term of this Agreement may be
extended upon the written approval of the Executive Director of the Public Works Agency
and the City Attorney."
2. Except as hereinabove 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 Agreement
on the date and year first written above.
CITY OF SANTA ANA
IJI GODINEZ II
Executive Director - PWA
APPROVED AS TO FORM:
JOSEPH W.FLETCHER/
City Attorney ATTEST:
MARIA D. HUIZAR
CLERK OF THE COUNCIL
f'uen4K- 44
'CONOGRO 4 - 2-,I)o9 - 1„2(l
ACORD. CERTIFICAi E OF LIABILITY INSURANCE X27 010 ''
PRODUCER
BUT Insurance Services
of Orange County THIS CERTIFICATE 18 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 POLICIES BELOW.
680 Langsdorf Drive Suite 100
Fullerton, CA 92831
INSURERS AFFORDING COVERAGE
NAIC #
INSURED INSURER A: Travelers Property Co 25674
Econolite Traffic Engineering & Illsimwar St Paut Fire & Marine Ins Com 24767
Maintenance, Inc. INSURER e: Travelers Indemnity Com an of 25682
3360 E. La Palma Ave. INSURERD:
Anaheim, CA 92806 INSURERS
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR
ANY REQUIREMENT
,
MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERNS. EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
TYPE OF INSURANCE POLICY NUMBER ICY EF E TIVE N
DATE(M LIMITS
A GENERAL LIABILITY 63031931N600TIL10 0412712010 0412712011 EACH OCCURRENCE $1,000,000
x COMMERCIAL GENERAL LIAZILIfY DAraacE To RENTED $1,000.000
CLAIMS MADE U1 OCCUR MED EXP (Any one pamm) $5 000
PERSONAL & ADV INJURY 61 000
GENERAL AGGREGATE S2 000 000
GEN'L AGGREGATE LIMRAPPUES PER: PRODUCTS - COMPIOP AGG s2 000 000
I F-1 POLICY M LOC
A AUTOMOBILE LIABILITY 8103193N600TIL10 0412712010 04122712011 SINGLE LIMIT
COMBINED $1
000
000
x ANY AUTO l) ,
,
ALL OYMO AUTOS BODILY ODURY
s
SCHEDULED AUTOS (Per perm)
X HIRED AUTOS APPROVE. .) AS TO P M EOOMLY INI
RY
U s
x NONAWNED AUTOS I
I
PROPERTYDAMAGE
s
,_ ettidani)
GARAGE LIABILITY CC't.i AUTO ONLY -EAACCIDENT $
Wssistan City AK tome
ANNYYAW AUTO
.
FA ACC
O?R
$
AM
U ONLr. AM
S
B EXCESS I UMBRELLA LIABILITY QK04500824 0412712010 0412712011 EACH ocwRRENcE s2,000,000
X OCCUR ? CLAIMS MADE AGGREGATE #2.000,000
s
DEDUCTIBLE s
F
]
x RETENTKIN $10000 s
C VIOWEENSCOMPENSATIONIAND U132802NO4610 04101/2010 04101/2011 X ATU- oTH-
BMPLOYERW LIABL"
R
I
O
RIP
P
R
O
ANY PP
MEWY ??
E.L. EACH ACCIDENT
$ 1 000,000
I
?
E?
Tg
B C
?R
t
M
?
EA
W.R.55oryrn Nlq E.L. DISEASE - EA EMPLOYEE
$1 000 000
Uy?, IleECIAI. a under below
pROVI
SP E.L. DMEASE - POI.+CY LLUff 111.000.000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder Is added as Additional Insured per policy farm #CGD2470605 & Waiver of Subrogation
per policy form #CGD1811103 both a part of policy #6303193N600TIL09.
RE: Traffic Signal System, Advanced Traffic Management System, and Street
Light System Maintenance in and for the City of Santa Ana. Certificate
(See Attached Descriptions)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
City of Santa Ana DATE THEREOF. THE ISSUING INSURER WILL ENDEAVOR TO MAIL _ 30 DAYS WRITTEN
Attn: Vinh Nguyen NOTICE TO-THE CERTIFICATEHOLDER NAMED TOTHELEFT, BUTFALURETODOSOSHALL
P.O. Box 1988 / M043 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Santa Ana, CA 927021966 REPRESENTATIVES.
AUTHORIZED REPReSENT9Tive
1 wt/"4_)
ACORD 25 (2009101) 1 of 3 #S4926205IM492608$ 71RRf^"lV+?! RGVKi? GVKYVKHI IVIV. A11 r1UIR5 9UbV1VVU.
The ACORD name and logo are registered marks of ACORD CLRAG
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(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 Neu of such endorsement(s).
DISCLAIMER -
The Certificate of insurance 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.
----.- ..,,1-vwv •J L ors Wb4VZWZU51M48ZGU86
DWRIPT1ONS.. (Con# nu age.
Holder Is amended to read: The City, He o#Cers, employees; agents6
volunteers and representatives
AIMS 25.5 (2009101) 3 01 3 #8492UZU5IM49ZODUU
POLICY NUMBER: 6303193N600TIL 10
COMMERCIAL GENERAL LIABILITY
THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY.
ADDITIONAL INSURED
(CONTRACTORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE PART
SCHEDULE
NAME OF PERSON(S) OR ORGANIZATION(S):
As per Certificate Holder Name on the attached Certificate of Insurance.
PROJECT/LOCATION OF COVERED OPERATIONS:
As per project description on the attached Certificate of Insurance.
1. WHO IS AN INSURED - (Section iI) is amended b) The insurance provided to the additional in-
to Include the person or organization shown in the sured does not apply to "bodily Injury", "prop-
Schedule above, but: erty damage" or "personal injury" arising out
a) Only with respect to liability for "bodily injury", of the rendering of, or failure to render, any
"property damage" or "personal injury"; and professional architectural, engineering or cur-
veying services, Including:
b) if, and only to the extent that, the injury or
damage is caused by acts or omissions of 1. The preparing, approving, or failing to
you or your subcontractor In the performance
"
" prepare or approve, maps, shop draw-
Ings, opinions, reports, surveys, field or-
your work
on or for the project, or at the
of ders or change orders, or the preparing,
location, shown In the Schedule. The person
or organization does not qualify as an addi- approving, or falling to prepare or ap-
tional Insured with respect to the independent prove, drawings and specifications; and
acts or omissions of such person or organiza- ii. Supervisory, Inspection, architectural or
tion. engineering activities.
2. The Insurance provided to the additional insured o) The Insurance provided to the additional In-
by this endorsement is limited as follows: sured does not apply to "bodily injury" or
a) In the event that the Limits of insurance of "property damage" caused by 'your work'
"
this Coverage Part shown In the Declarations and Included In the
products-cornpleted op-
"
"
exceed the limits of liability required by a
"
" written contract
eratlons hazard
unless a
requiring insurance' specifically requires you
for that
written contract requiring: Insurance
additional insured, the Insurance provided to to provide such coverage for that additional
the additional insured shall be limited to the Insured, and then the insurance provided to
limits of liability required by that "written con- the additional insured applies only to such
"
"
"
"
tract requiring insurance". This endorsement that oc-
bodily injury
or
property damage
shall not Increase the limits of Insurance de- curs before the end of the period of time for
scribed In Section III - Limits Of Insurance, which the "written contract requiring insur-
ance requires you to provide such coverage
CQ 02 47 08 05 0 2005 The St. Paul Travelers Companies, inc. Page 1 of 2
COMMERCIAL GENERAL LIABILITY
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 a
"written contract requiring insurance" for that ad-
ditional Insured specifically requires that this in-
surance apply on a primary basis or a primary
and non-contributory basis, this Insurance Is pri-
mary to "other Insurance" available to the addi-
tional Insured which covers that person or organi-
zation 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 Insurance", whether pri-
mary, excess, contingent or on any other basis,
that is available to the additional Insured when
that person or organization Is an additional in-
sured under such "other insurance".
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:
i. How, when and where the "occurrence"
or offense took place;
11. The names and addresses of any Injured
persons and witnesses; and
Ili. 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:
1. Immediately record the specifics of the
claim or "suit" and the date received; and
U. Notify us as soon as practicable.
The additional Insured must we 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 and of the policy period.
Page 2 of 2 0 2005 The St. Paul Travelers Companies, Inc. CQ D2 47 08 05
COMMERCIAL GENERAL LIABILITY
The Damage To Premises Rented To You
Limit will be the higher of:
a. $300,000; or
b. The amount shown on the Declarations
for Damage To Premises Rented To You
Limit.
4. Under DEFINITIONS (Section V), Paragraph
a. of the definition of Insured contract" Is
amended so that it does not Include that por-
tion of the contract for a lease of premises
that indemnifies any person or organization
for damage to premises while rented to you,
or temporarily occupied by you with permis-
sion-of-the-owner, caused-by:
a. Fire;
b. Explosion;
c. Lightning;
d. Smoke resulting from such fire, explosion,
or lightning; or
e. Water.
5. This Provision D. does not apply If coverage
for Damage To Premises Rented To You of
COVERAGE A. BODILY INJURY AND
PROPERTY DAMAGE LIABILITY (Section I -
Coverages) Is excluded by endorsement.
E. BLANKET WAIVER OF SUBROGATION
We waive any right of recovery we may have
against any person or organization because of
payments we make for injury or damage arising
out of premises owned or occupied by or rented
or loaned to you; ongoing operations performed
by you or on your behalf, done under a contract
with that person or organization; "your work'; or
'your products We waive- this right- where- you
have agreed to do so as part of a written contract,
executed by you prior to loss.
F. BLANKET ADDITIONAL INSURED - MANAG-
ERS OR LESSORS OF PREMISES
WHO IS AN INSURED (Section 11) Is amended to
include as an insured any person or organization
(referred to below as "additional insured") with
whom you have agreed in a written contract, exe-
cuted prior to loss, to name as an additional in-
sured, but only with respect to liability arising out
of the ownership, maintenance or, use of- that part-
of any premises leased to you, subject to the fol-
lowing provisions:
1. Limits of Insurance. The limits of insurance
afforded to the additional insured shall be the
limits which you agreed to provide, or the Iim-
Its shown on the Declarations, whichever is
less.
2. The Insurance afforded to the additional In-
sured does not apply to:
a. Any "occurrence" that takes place after
you cease to be a tenant In that premises;
b. Any premises for which coverage Is ex-
cluded by endorsement; or
c. Structural alterations, new construction or
demolition operations performed by or on
behalf of such additional insured.
3. The Insurance afforded to the additional In-
sured Is excess over any valid and collectible
Insurance available to such additional in-
sured, unless you have agreed In a written
contract for this Insurance to apply on a pri-
mary or contributory basis.
0. BLANKET ADDITIONAL INSURED - LESSOR
OF LEASED EQUIPMENT
WHO IS AN INSURED (Section II) is amended to
Include as an Insured any person or organization
(referred to below as "additional Insured") with
whom you have agreed In a written contract, exe-
cuted prior to loss, to name as an additional in-
sured, but only with respect to their liability arising
out of the maintenance, operation or use by you
of equipment leased to you by such additional in-
sured, subject to the following provisions:
1. Limits of Insurance. The limits of Insurance
afforded to the additional insured shall be the
limb which you agreed to provide, or the lim-
its shown on the Declarations, whichever is
less,
2. The Insurance afforded to the additional in-
sured daesmot-applyio:
a. Any "occurrence" that takes place after
the equipment lease expires; or
b "Bodily Injury" or "property damage" aris-
ing out of the sole negligence of such ad-
didonal Insured.
3. The Insurance afforded to the additional in-
sured Is excess over any valid and collectible
Insurance available to such additional In-
sured, unless you have agreed In a written
contract for this Insurance to- apply- on a pri-
mary or contributory basis.
H. INCIDENTAL MEDICAL MALPRACTICE
1. The definition of "bodily injury" in DEFINI-
TIONS (Section V) Is amended to Include "In-
cldental MedieatMalpractice Injury.
Page 4 of 7 Copyright, The Travelers Indemnity Company, 2003 CO Dl 8711 03
Client#• 1260332
AC?D KV
TM CERTIFICATE OF
DATE (MM/DD/YYYY)
LIABILITY INSURANCE
PRODUCER
BB&T Insurance Services 3/31/2011
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
of Orange County HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
680 Langsdorf Drive Suite 100 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Fullerton, CA 92831 1NS64ER ,AFFORDING COVERAGE NAIC #
INSURED
Econolite Traffic Engineering &
-.-, .
INSURER A: Travelers Property Casualty Co 25674
Maintenance, Inc. INSURER Bs St Paul Fire & Marine Ins Compa 24767
3360 E. La Palma Ave. _ INSURER c._Travelers Indemnity Company of 25682
Anaheim, CA 92806 0
C, _ U S INSURER D:
INSURER
CAVFRArZFR E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED
NOTWITHSTANDING
ANY R
EQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH TH .
IS 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 SUC
PO
,
LICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
lim H
LTR NSR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE
DATE !MM/DDr,, POLICY EXPIRATION
DATE !MM/ODlYYYY
LIMITS
A GE NERAL LIABILITY 6303193N600TIL11 04/27/2011 04/27/2012 EACH OCCURRENCE $1000000
X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED
PREMISES Ea $1 000 000
CLAIMS MADE 51OCCUR
MED EXP (Any one person) $5 OOO
P
ERSONAL &ADV INJURY $1,000,000
' GENERAL AGGREGATE $2.000.000
GEN
L AGGREGATE LIMIT APPLIES PER:
PRO- PRODUCTS - COMP/OP AGG $2,000,000
POLICY
JECT LOC
A AUT OMOBILE LIABILITY 8103193N600TIL11 04/27/2011 04/27/2012
X ANY AUTO COMBINED SINGLE LIMIT
(Ea accident)
$1,000
000
,
ALL OWNED AUTOS
SCHEDULED AUTOS BODILY INJURY
(Per person) $
X
HIRED AUTOS
X
NON OWNED AUTOS BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY
AUTO ONLY - EA ACCIDENT $
ANY AUTO
OTHER THAN EA ACC $
B AUTO ONLY: AGG $
EXCESS I UMBRELLA LIABILITY OK04501090 04/27/2011 04/27/2012 EACH OCCURRENCE $2
000
000
X OCCUR FICLAIMS MADE ,
,
AGGREGATE s2,000,000
DEDUCTIBLE
X RETENTION $ 10000
WORKERS COMPENSATION AND
U62802N94611 04/01/2011 04/0112012
Fi..I1S.D7'ERS' LIABiiirl
X WC SAU OTH-
ANY PROPRIETOR/PARTNER/EXECUTIVE LEL
ER EXCLUDED?
O_FaFICEtoR/MF.n1 MBH)
((Mndary E.L. EACH ACCIDENT
$1 OOO OOO
If yes, describe under E.L. DISEASE - EA EMPLOYEE $1,000,000
SPECIAL PROVISIONS below
OTHER E.L. DISEASE -POLICY LIMI
T $1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS '
Certificate Holder is added as Additional Insured per policy form #CGD2470805 & W
i
a
ver of S ion
er
olic
for
#CGD18
p
p
y
m
71103 both a part of policy #6303193N600TIL09.
r/
Project: Traffic Signal, Advance Traffic Management System
and Series i aura ?.
,
Street Light Maintenance. aistaal .
CERTIFICATE Mni nFR
City of Santa Ana, Public Works Agency
Attn: Sharon Heir
20 Civic Center Plaza M-43
Santa Ana, CA 92701
ACORD 25 12nnQ/n11 4 -.c
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 'A0_ DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVE
.0 4ji/4
-• - -rn.rvvvwao w iasls-ZUUV ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD CLRAG
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 does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate hold or nnr doec it affirmativ ly or negativ I amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2009/01) 9 ..f 7 ucecnan. n............-_